MINUTES OF THE Ordinary Council Meeting HELD AT THE COUNCIL CHAMBERS MOLONG ON Monday 21 March, 2011 COMMENCING AT 09:30am

Page 1

 

TABLE OF CONTENTS

 

ITEMS FOR DETERMINATION.. 1

ITEM - 1     APPLICATIONS FOR LEAVE OF ABSENCE.. 1

ITEM - 2     DECLARATIONS OF INTEREST.. 1

ITEM - 3     DECLARATIONS OF POLITICAL DONATIONS.. 1

ITEM - 4     MAYORAL MINUTE - APPOINTMENTS.. 1

ITEM - 5     CONFIRMATION OF THE MINUTES.. 4

ITEM - 6     BUSINESS PAPER ITEMS FOR NOTING.. 4

ITEM - 7     Questions For Next Meeting.. 4

ITEM - 8     NATIONAL GENERAL ASSEMBLY 2011 - CALL FOR MOTIONS.. 4

ITEM - 9     ONE ASSOCIATION.. 4

ITEM - 10  CONSTITUTIONAL RECOGNITION OF LOCAL GOVERNMENT.. 5

ITEM - 11  CENTROC Submission – Inquiry into the National Broadband Network.. 5

ITEM - 12  SHIRES ASSOCIATION OF NSW ANNUAL CONFERENCE 2011. 5

ITEM - 13  RURAL FIRE SERVICE - PROGRAM CHARGES.. 5

ITEM - 18  RECISSION MOTION - RURAL FIRE SERVICE ALLOCATIONS.. 6

ITEM - 14  INTEGRATED PLANNING & REPORTING - PROGRESS REPORT   6

ITEM - 15  RENT FOR GP ROOM AT WALUWIN COMMUNITY CENTRE.. 7

ITEM - 16  Yeoval and District Men's Shed.. 7

ITEM - 17  2010/2011 MANAGEMENT PLAN - SECOND QUARTERLY REVIEW TO 31 DECEMBER.. 7

ITEM - 19  2011/2012 DRAFT MANAGEMENT PLAN AND BUDGET.. 8

ITEM - 20  CENTRAL WEST LIBRARIES - DRAFT MANAGEMENT PLAN AND BUDGET 2011/12. 8

ITEM - 21  COMMUNITY SERVICES COMMITTEE MEETING.. 8

ITEM - 22  ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING   8

ITEM - 23  INAUGURAL REPORT OF THE AUSTRALIAN RURAL ROADS GROUP   8

ITEM - 24  BOTTLED WATER ALLIANCE.. 9

ITEM - 25  INFRASTRUCTURE AUSTRALIA - REVIEW OF WATER QUALITY AND SECURITY.. 9

ITEM - 26  ROAD CLOSURE IN CABONNE SHIRE.. 9

ITEM - 27  WORKS COMMITTEE MEETING MINUTES.. 10

ITEM - 28  TRAFFIC COMMITTEE MINUTES.. 10

ITEM - 29  VILLAGE ENCHANCEMENT PROGRAM - OVERVIEW... 10

ITEM - 30  AMSAG CAR RALLY - FORBES/CABONNE Saturday 18th June   10

ITEM - 33  S82 REVIEW - DEVELOPMENT APPLICATION 2010/177 - LOT 100 DP 1145134, FOUR MILE CREEK ROAD, SPRINGSIDE - ANIMAL BOARDING AND TRAINING ESTABLISHMENT AND ANCILLARY DWELLING.. 11

ITEM - 35  DEVELOPMENT APPLICATION 2011/77  TOURIST FACILITY (TOURIST CABIN AND BED AND BREAKFAST) AND ANCILLARY DWELLING LOT 100 DP 1031436, 1034 THE ESCORT WAY, BORENORE.. 12

ITEM - 34  MODIFICATION OF DEVELOPMENT APPLICATION 2008/163 THIRTEEN (13) LOT SUBDIVISION AT LOT 29 DP 1112219, TILGA STREET, CANOWINDRA   12

ITEM - 31  Request for donation to reimburse development application fees.. 14

ITEM - 32  NETWASTE REGIONAL SUSTAINABILITY ACTION PLAN.. 14

ITEM - 36  ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING   14

ITEM - 37  UPDATE REPORT ON LOCAL ENVIORNMENTAL PLAN.. 14

ITEMS FOR NOTATION.. 15

ITEM - 2     2011 E DIVISION CONFERENCE.. 15

ITEM - 4     CENTROC BOARD MEETING FEBRUARY 2011. 15

ITEM - 7 COMMUNITY CONSULTATION MEETING - YEOVAL.. 15

ITEM - 8     COMMUNITY CONSULTATION MEETING - LOWER LEWIS PONDS   15

MATTERS OF URGENCY.. 15

CONFIDENTIAL ITEMS.. 15

ITEM - 1     CARRYING OF COUNCIL INTO CLOSED COMMITTEE OF THE WHOLE MEETING.. 15

ITEM - 2     ENDORSEMENT OF PROCEEDINGS OF CONFIDENTIAL MATTERS CONSIDERED AT COMMITTEE OF THE WHOLE MEETING.. 16

ITEM - 3     GELATO FACTORY MOLONG.. 16

ITEM - 4     DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS.. 16

ITEM - 5     OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS.. 16

ITEM - 6     Canowindra Pool Longterm Plan.. 17

ITEM - 7     Proposed Engineering and Technical Services Structure and Resourcing.. 17

ITEM - 8     QUARRY REVIEW COMMITTEE MEETING MINUTES.. 17

ITEM - 9     LAND DEVELOPMENT SUB COMMITTEE MEETING.. 17

ITEM - 10  DEVELOPMENT APPLICATION - PROPOSED DWELLING, LOT 3 DP 871725, 95 CURTIN ROAD, BORENORE.. 18

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE.. 18

 


 

 

PRESENT         Clr R Dowling (in the Chair), Clrs G Dean, N Bleakley, L MacSmith, I Gosper, S Wilcox, A Durkin, D Hyde, K Walker, J Culverson and K Duffy (arriving 9:35am).


Also present were the General Manager, Director of Finance & Corporate Services, Director of Engineering & Technical Services, Director of Environmental Services and Administration Manager.

 

ITEMS FOR DETERMINATION

 

 

ITEM - 1    APPLICATIONS FOR LEAVE OF ABSENCE

 

Proceedings in Brief

An apology was tendered on behalf of Clr J Farr for his unavoidable absence from the meeting.  The temporary absence of Clr Duffy was noted.

 

MOTION (Wilcox/Gosper)

 

THAT the apology tendered by Clr J Farr be accepted and the necessary leave of absence be granted.

 

11/03/03

Carried

 

 

ITEM - 2    DECLARATIONS OF INTEREST

 

Proceedings in Brief

Clr Culverson declared an Interest (identified as an actual pecuniary interest) in Item 26 due to one of the road closure applicants being a business client and Item 33 (identified as an actual pecuniary interest) due to an objector of the Development Application having contacted her to discuss his objection along with discussing engaging the services of her business.

The General Manager declared an Interest in Item 35 (identified as a Perceived conflict of interest of a non significant non-pecuniary type) due to the DA proponents being friends and associates of his.

 

 

ITEM - 3    DECLARATIONS OF POLITICAL DONATIONS

 

Proceedings in Brief

There were nil declarations of political donations.

 

 

ITEM - 4    MAYORAL MINUTE - APPOINTMENTS

 

Proceedings in Brief

Clr Dowling

·             One Association  Conference

·             WBC Board Meeting

·             Yeoval Community Consultation Meeting

·             Committee Meetings

·             Lewis Ponds Community Consultation Meeting

·             Launched Australian National Balloon Championship Canowindra

·             RFS Tanker Handover and Presentation of Long Service Medals

·             Combined meeting of Molong Show and Molong Golf Club

·             Meeting with Future Investors Molong

·             Canowindra Community Consultation Meeting

·             DLG Councillor Information Seminar Molong

·             Molong Floodplain Debriefing Meeting

·             Central West Garden and Lifestyle Expo

·             Cabonne Country Wide Festival

 

Clr Dean

·             Traffic Committee Meeting

·             Cudal Progress Meeting

·             Yeoval Community Meeting

·             Committee Meetings

·             Lewis Ponds Community Meeting

·             Canowindra Community Meeting

·             Councillor Information Session Molong

·             Council Meeting

 

Clr Bleakley

·             Traffic Committee Meeting

·             Yeoval Community Consultation

·             Committee Meetings

·             Molong Show Society AGM

·             MAGS

·             Waluwin Governance Committee

·             Combined Molong Show Society/Molong Golf Club

·             Canowindra Community Consultation

·             DLG Conference

 

Clr Gosper

·             Council Meeting

·             CENTROC Meeting at Harden

·             Mullion Creek’s Orange Water Pipeline Public Meeting

·             WBC Board Meeting at Wellington

·             Yeoval’s Community Consultation Meeting

·             Directors Meeting

·             Council Committee Meetings

·             Lewis Ponds Community Meeting

·             RFS Medal Presentation

·             Combined Molong Show Society and Molong Golf Club Meeting

·             Canowindra’s Community Meeting

·             DLG Session in Molong

·             Flood Debrief Meeting in Molong

·             Director’s Meeting

·             2nd Quarter Management Plan Meeting

 

Clr Hyde

·             RTC Meeting

·             Yeoval Community Consultation Meeting

·             Eugowra Doctor’s House Committee Meeting

·             Meeting with potential new Accounts Business  to rent RTC Office in Eugowra

·             Council Committee Meetings

·             Canowindra Balloon Launch

·             Lewis Ponds Community Consultative Meeting

·             Canowindra Community Consultative Meeting

·             DLG Seminar Information Sessions Molong

·             Quick Shear at Eugowra

·             Council Meeting

 

Clr Walker

·             East Street Drainage with Ratepayer

·             Sports Trust Solar Panels with Ratepayer

·             High School Cemetery Fence

·             Committee Meetings at Molong

·             Historical Society David Scobie Cottage Painting

·             Balloon Launch

·             Community Consultation Meeting

·             House Demolition Charlotte Street with Ratepayers

·             LGA Seminar

·             Council Meeting

 

Clr Culverson

·             Council Meeting

·             One Association Conference

·             CENTROC Board Meeting

·             Community Meeting Mullion Creek

·             Yeoval Community Focus Meeting

·             International  Women’s Day Eugowra

·             Committee Meetings Mullion Creek

·             Community Focus Meeting Byng/Lewis Ponds

·             Macquarie Pipeline  Committee Meeting

·             DLG Councillor Information Session

 

It was noted the time being 9:35am Clr Duffy joined the meeting.

 

MOTION (Dowling/-)

 

THAT the information contained in the Mayoral Minute be noted.

 

11/03/04

Carried

 

 

ITEM - 5    CONFIRMATION OF THE MINUTES

 

MOTION (Gosper/MacSmith)

 

THAT the minutes of the Ordinary Meeting held on 21 February 2011 and the Extraordinary Meeting held on 7 March 2011 be adopted.

 

11/03/05

Carried

 

 

ITEM - 6    BUSINESS PAPER ITEMS FOR NOTING

 

Proceedings in Brief

Clr Culverson called Items 7 and 8; Clr Duffy called Items 3, 8, 14 and 25; Clr Gosper called Items 2, 4, 7 and 16.  Clr Hyde requested it be noted that Items 7 and 8 annexures did not have headers indicating which meeting they belonged to.  It was also noted that Item13 of Determination should actually be a Notation Item.

 

MOTION (Durkin/Gosper)

 

THAT:

1.         Council consider the items called.

2.         The balance of the items be noted.

 

11/03/06

Carried

 

 

ITEM - 7    Questions For Next Meeting

 

Proceedings in Brief

There were nil reports required.

 

 

ITEM - 8    NATIONAL GENERAL ASSEMBLY 2011 - CALL FOR MOTIONS

 

MOTION (Gosper/Wilcox)

THAT:

1.    Council be represented at the National General Assembly by the Mayor as he deems appropriate and the General Manager.

2.    The June ordinary Council meeting be held on Monday 27th June 2011.

11/03/07

Carried

 

 

ITEM - 9    ONE ASSOCIATION

 

MOTION (Bleakley/Gosper)

 

THAT:

 

1.  Council note the outcomes from the Special Conference for One Association.

2.  Council receive a debriefing on the April Committees day, with consideration being given to holding a workshop.

 

11/03/08

Carried

 

 

ITEM - 10 CONSTITUTIONAL RECOGNITION OF LOCAL GOVERNMENT

 

MOTION (Bleakley/MacSmith)

 

THAT Cabonne Council declares its support for financial recognition of local government in the Australian Constitution so that the Federal Government has the power to fund local government directly and also for inclusion of local government in any new Preamble to the Constitution if one is proposed, and calls on all political parties to support a referendum by 2013 to change the Constitution to achieve this recognition.

 

11/03/09

Carried

 

 

ITEM - 11 CENTROC Submission – Inquiry into the National Broadband Network

 

MOTION (Bleakley/Wilcox)

 

THAT Council support the CENTROC Submission and avail itself to any opportunities to advance the matter for the benefit of Cabonne residents.

 

11/03/10      

Carried

 

 

ITEM - 12 SHIRES ASSOCIATION OF NSW ANNUAL CONFERENCE 2011

 

MOTION (MacSmith/Hyde)

THAT Council:

1.    Be represented at the 2011 Shires Association Annual Conference by the Mayor, or his alternate delegate, two observers being the Deputy Mayor and Clr Wilcox and the General Manager.

2.    Consider further Motions after the State Elections.

 

11/03/11      

Carried

 

 

ITEM - 13 RURAL FIRE SERVICE - PROGRAM CHARGES

 

Proceedings in Brief

It was noted this report was moved to the Notation Items.

 

It was noted the time being 9:47am the Chair announced Item 18 was to be addressed next and Clr Wilcox declared an Interest in the following Item (identified as a Perceived conflict of interest of a non significant non-pecuniary type) due to her husband’s family members being related to members of the March Brigade, and although advised she did not have to leave the Chambers, opted to do so.

 

 

ITEM - 18 RECISSION MOTION - RURAL FIRE SERVICE ALLOCATIONS

 

Proceedings in Brief

The General Manager suggested an alternate Motion to that foreshadowed by the councillors who put up the Rescission Motion  based on discussions he had held with the RFS.

 

MOTION (Culverson/Duffy)

THAT the Motion resolved for Item 9 in Items for Determination at Council’s meeting on 21 February 2011 being:

1.    The Rural Fire Service be advised that Council’s contribution for 2010/2011 is $152,031 as previously advised.

2.    Council defer the contribution to construction of one bushfire shed until the 2011/2012 financial year.

3.    A further report be presented to Council on the matter of RFS contributions when additional information is to hand.”

be rescinded.

11/03/12      

Carried

 

MOTION (Dowling/Culverson)

THAT:

1.      Council fund the construction of the March Brigade Station in 2010/11 from the 2011/12 allocation.

2.      The Byng Brigade Station be funded in 2011/12 as originally planned and the General Manager be authorised to make appropriate arrangements in the 2011/12 allocation.

3.      Council invite the RFS Zone Commander D Jones to a workshop to explain RFS policies and procedures re funding.

4.      Council confirm arrangements in writing with the RFS.

11/03/13      

Carried

 

It was noted the time being 10:09am Clr Wilcox rejoined the meeting, at which time Item 14 was addressed next.

 

 

ITEM - 14 INTEGRATED PLANNING & REPORTING - PROGRESS REPORT

 

MOTION (Durkin/Wilcox)

 

THAT Council participate in calling the expressions of interest to meet its Integrated Planning and Reporting requirements in conjunction with the WBC Alliance.

 

11/03/14      

Carried

 

 

ITEM - 15 RENT FOR GP ROOM AT WALUWIN COMMUNITY CENTRE

 

MOTION (Bleakley/Gosper)

THAT:

1.    Council waive the fees for rent of the room occupied by Dr Adrian Zambo at the Waluwin Centre equal to 3 months from GP Recruitment.

2.    The General Manager arrange for liaison by the Economic Development Manager for future financial assistance requests.

11/03/15      

Carried

The Chair called for a Division as requested by Clr Bleakley which resulted in a vote in favour of the Motion as follows (noting the absence of Clr Farr - apology):

For: Clrs Dowling, Bleakley, MacSmith, Gosper, Wilcox, Durkin and Hyde.

Against: Clrs Dean, Walker, Culverson and Duffy.

 

 

ITEM - 16 Yeoval and District Men's Shed

 

MOTION (Dowling/Wilcox)

THAT:

1.    Council not proceed with purchase of the Yeoval Masonic Lodge building.

2.    Subject to the Yeoval Men’s Shed group proceeding with purchase of the Masonic Lodge building, that Council provide seed funding of $1,500.

3.    Council assist in sourcing grant funding to assist the Yeoval Men’s Shed group.

4.    A policy be developed for support of Men’s Sheds in Cabonne and that same be submitted through the May Community Services Committee.

11/03/16      

Carried

 

 

ITEM - 17 2010/2011 MANAGEMENT PLAN - SECOND QUARTERLY REVIEW TO 31 DECEMBER

 

MOTION (Gosper/Durkin)

 

THAT the update of the Management Plan to 31 December 2010, as presented be adopted.

 

11/03/17      

Carried

 

 

ITEM - 19 2011/2012 DRAFT MANAGEMENT PLAN AND BUDGET

 

MOTION (Bleakley/Wilcox)

THAT Council:

1.      Receive a copy of the Draft Management Plan on April Council meeting day.

2.      Hold extraordinary Council meetings on 2 May 2011 and 6 June 2011 as required for the Management Plan process.

11/03/18      

Carried

 

 

ITEM - 20 CENTRAL WEST LIBRARIES - DRAFT MANAGEMENT PLAN AND BUDGET 2011/12

 

MOTION (Durkin/Wilcox)

 

THAT Council adopt the 2011/2012 Central West Libraries Management Plan.

 

11/03/19      

Carried

 

 

ITEM - 21 COMMUNITY SERVICES COMMITTEE MEETING

 

MOTION (Hyde/Gosper)

 

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 7 March 2011 be adopted.

 

11/03/20      

Carried

 

 

ITEM - 22 ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING

 

MOTION (Durkin/MacSmith)

 

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 7 March 2011 be adopted.

11/03/21      

Carried

 

 

ITEM - 23 INAUGURAL REPORT OF THE AUSTRALIAN RURAL ROADS GROUP

 

MOTION (Wilcox/Gosper)

 

THAT Cabonne Council contribute $900.00 towards the study funded from the current FAG budget.

 

11/03/22      

Carried

 

It was noted the time being 10:29am a presentation was made to the Volunteer of the Month for March, Lesley Bye of Molong.

 

 

ITEM - 24 BOTTLED WATER ALLIANCE

 

MOTION (Hyde/Walker)

 

THAT Council enter into a 5 year program for the installation of a bottle refilling station for the towns and villages serviced by Central Tablelands Water starting at Canowindra to be funded from the LAIP program with an increased budget for that year and further that a refilling station be installed in Molong.

 

11/03/23      

Carried

 

It was noted the time being 10:37am Council adjourned for morning tea resuming at 10:56am.

 

 

ITEM - 25 INFRASTRUCTURE AUSTRALIA - REVIEW OF WATER QUALITY AND SECURITY

 

MOTION (Bleakley/Wilcox)

THAT Council:

1.   Oppose the proposed governance structure, ie Regional Water Corporation. 

2.   Reiterate support for the CENTROC water security option (Option 5 Lake Rowlands and associated works).

11/03/24      

Carried

 

It was noted, the time being 11:04am Clr Culverson declared an interest in the following Item (identified as a pecuniary interest) due to one of the road closure applicants being a client of her business and left the Chambers.

 

 

ITEM - 26 ROAD CLOSURE IN CABONNE SHIRE

 

MOTION (Duffy/Durkin)

 

THAT Council recommend closure of 1 to 4 and to NOT recommend closure of 5 due to impeding legal access issues.

 

11/03/25      

Carried

 

It was noted, the time being 11:04am Clr Culverson rejoined the meeting.

 

 

ITEM - 27 WORKS COMMITTEE MEETING MINUTES

 

MOTION (Gosper/Bleakley)

 

THAT the report and recommendations of the Works Committee held on Monday 7th March 2011 of Cabonne Council be adopted.

 

11/03/26      

Carried

 

 

ITEM - 28 TRAFFIC COMMITTEE MINUTES

 

MOTION (Dean/Hyde)

 

THAT the report of the Traffic Committee meetings held on the 28th February 2011 be noted.

 

11/03/27      

Carried

 

 

ITEM - 29 VILLAGE ENCHANCEMENT PROGRAM - OVERVIEW

 

MOTION (Duffy/Hyde)

 

THAT Council liaise through the General Manager with the Progress Associations to determine works for 2010/11 Village Enhancement Programs.

 

11/03/28      

Carried

 

Clr Bleakley requested his vote against the Motion be recorded.

 

 

ITEM - 30 AMSAG CAR RALLY - FORBES/CABONNE Saturday 18th June

 

MOTION (Culverson/Duffy)

 

THAT Council approve the conduct of the AMSAG event on the roads identified in the application conditional to:

1.     The organisers being responsible for repair at full cost to the organisation for any damages to infrastructure caused by the running of the event.

2.     The running of the event is as per the submitted program.

3.     All traffic control is the responsibility of the event organisers and must be by suitably qualified traffic control persons.

4.     The rally route is to be inspected by a council representative and an authorised event official to establish the condition of the road surface. This inspection to be carried out within two weeks of the running of the event.

5.     The route to be inspected, within 48 hours of the event by the same council officer and event official to determine condition of the road and establish if there are “damages” caused by the event. It is suggested that photographic evidence be taken before and after the event.

6.     Council may cancel the event if conditions, i.e. wet weather are deemed to make the road unsuitable.

7.     The cost for advertising the road closure and the placing of the advertisement to be the responsibility of the event organisers. Cabonne Council to provide the wording of the advertisement.  Appropriate wording is to be provided for a letter to be hand delivered by the event organisers to affected land holders.

8.     A copy of all insurances and approvals necessary for the conduct of the event to be provided for council record.

9.     A report to the Council meeting following the event on the outcomes of the inspections.

10.  Supply of Cabonne’s conditions to Forbes Shire Council.

11/03/29      

Carried

 

It was noted the time being 11:23am the Chair announced Item 33 was to be addressed next and Clr Culverson declared an interest in the following Item (identified as a Pecuniary interest) due to an objector to the development contacting her to discuss his objections and then proceeding to discuss engaging her business’ services and left the Chambers.  It was noted an objector and the proponent both addressed Council.

 

 

ITEM - 33 S82 REVIEW - DEVELOPMENT APPLICATION 2010/177 - LOT 100 DP 1145134, FOUR MILE CREEK ROAD, SPRINGSIDE - ANIMAL BOARDING AND TRAINING ESTABLISHMENT AND ANCILLARY DWELLING

 

MOTION (Duffy/Durkin)

 

THAT Council approve the amended Notice of Approval for DA 2010/ 177 for an animal boarding and training establishment and ancillary dwelling to be situated upon Lot 100 DP 1145134, Four Mile Creek Road, Springside, under s82A of the Environmental Planning and Assessment Act 1979 (as amended) with attached conditions.

 

11/03/30      

Carried

 

The Chair called for a Division of Council as required under Section 375A (3) of the Local Government Act which resulted in a vote for the Motion as follows (noting the absence of Clr Culverson – declared interest and Clr Farr - apology):

For: Clrs Dowling, Dean, Bleakley, Wilcox, Durkin, Walker and Duffy.

Against: Clrs MacSmith, Gosper, Hyde.

 

 

It was noted the time being 11:42am Clr Culverson rejoined the meeting and some of the Candidates for the State electoral district of Orange addressed Council: Stephen Nugent of the Greens, Andrew Gee for the Nationals and Kevin Duffy from Labor. 

 

Item 35 was addressed next at which time the General Manager declared an Interest in the following item (identified as a Perceived conflict of interest of a non significant non-pecuniary type) due to the proponents being friends and associates of his and left the Chambers.

 

It was noted an objector and the proponent addressed Council.

 

 

ITEM - 35 DEVELOPMENT APPLICATION 2011/77
TOURIST FACILITY (TOURIST CABIN AND BED AND BREAKFAST) AND ANCILLARY DWELLING
LOT 100 DP 1031436, 1034 THE ESCORT WAY, BORENORE

 

MOTION (Duffy/Bleakley)

 

THAT Council approve Development Application 2011/77 for a tourist facility (tourist cabin and bed and breakfast) and ancillary dwelling at Lot 100 DP 1031436, 1034 The Escort Way, Borenore with the attached conditions of consent.

 

 

The Motion was put and Lost

 

The Chair called for a Division of Council as required under Section 375A (3) of the Local Government Act which resulted in a vote against the Motion as follows (noting the absence of Clr Farr - apology):

For: Clrs Dean, Bleakley, Durkin, Culverson and Duffy.

Against: Clrs Dowling, MacSmith, Gosper, Wilcox, Hyde and Walker

 

 

It was noted the time being 1:03pm the Family First candidate for the State electoral district of Orange, Fiona Rossiter addressed Council and it was noted Clr Duffy left the Chambers rejoining the meeting at 1:15pm.  The General Manager rejoined the meeting at 1:05pm.

 

The time being 1:16pm the Chair announced Item 34 would be addressed next and Clr walker declared an interest in the following Item (identified as a Pecuniary interest) due to being a neighbour and left the Chambers.

 

 

ITEM - 34 MODIFICATION OF DEVELOPMENT APPLICATION 2008/163
THIRTEEN (13) LOT SUBDIVISION AT LOT 29 DP 1112219, TILGA STREET, CANOWINDRA

 

MOTION (Duffy/Culverson)

 

THAT modification application for DA 2008/163 for a thirteen (13) lot residential subdivision at Lot 29 DP 1112219, Tilga Street, Canowindra, be granted consent to delete condition 11, amend the lot sizes, amend condition 6 to require ongoing maintenance of landscaping, and to permit the release of the development in four (4) stages, subject to the attached conditions.

 

 

Amendment (Durkin/Gosper)

 

THAT modification application for DA 2008/163 for a thirteen (13) lot residential subdivision at Lot 29 DP 1112219, Tilga Street, Canowindra, be granted consent to delete condition 11, amend the lot sizes, amend condition 6 to require ongoing maintenance of landscaping, and to permit the release of the development in four (4) stages, subject to the attached conditions with the addition of the building setbacks for blocks 2, 3, 4, 5, 8 and 9 set at 10 metres and blocks 10, 11, 12 and 13 having a building setback of 25 metres.

 

 

The Amendment was put and Lost.  The Motion was put and Carried.

 

The Chair called for a Division of Council as required under Section 375A (3) of the Local Government Act which resulted in a vote against the Amendment as follows (noting the absence of Clr Farr - apology and Clr Walker – declared interest):

For: Clr Durkin.

Against: Clrs Dowling, Dean, Bleakley, MacSmith, Gosper, Wilcox, Hyde, Culverson and Duffy.

 

 

MOTION (Duffy/Culverson)

 

THAT modification application for DA 2008/163 for a thirteen (13) lot residential subdivision at Lot 29 DP 1112219, Tilga Street, Canowindra, be granted consent to delete condition 11, amend the lot sizes, amend condition 6 to require ongoing maintenance of landscaping, and to permit the release of the development in four (4) stages, subject to the attached conditions.

 

11/03/31      

Carried

 

The Chair called for a Division of Council as required under Section 375A (3) of the Local Government Act which resulted in a vote for the Motion as follows (noting the absence of Clr Farr – apology and Clr Walker – declared interest):

For: Clrs Dowling, Dean, MacSmith, Gosper, Wilcox, Hyde, Culverson and Duffy.

Against: Clrs Durkin and Bleakley (abstained).

 

 

It was noted the time being 1:29pm Council adjourned for lunch resuming at 2:09pm at which time Item 31 was addressed.  It was noted Clr Durkin did not rejoin the meeting. 

 

It was noted the time being 2:11pm the Director of Engineering & Technical Services declared an Interest in the following Item (identified as a Perceived conflict of interest of a non significant non-pecuniary type) due to being the signatory for the Applicant to the DA and left the Chambers.

 

 

ITEM - 31 Request for donation to reimburse development application fees

 

MOTION (Hyde/Walker)

 

THAT Council donate an amount of $390.00 as an amount equivalent to the fees paid for application and construction certificate to Council for approval of the Molong Skate Park (DA 2011/89).

 

11/03/32      

Carried

 

It was noted the time being 2:12pm the Director of Engineering & Technical Services rejoined the meeting.

 

 

ITEM - 32 NETWASTE REGIONAL SUSTAINABILITY ACTION PLAN

 

MOTION (Duffy/Gosper)

That Council resolve to adopt the Regional Sustainability Action Plan as a working Council document to be used as a management tool for assessing and evaluating all sustainability strategies, resulting in development of a consistent sustainable Action Plan process across all NetWaste Councils.

11/03/33      

Carried

 

 

ITEM - 36 ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING

 

MOTION (Wilcox/MacSmith)

 

THAT the report and recommendations of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 7 March 2011 be adopted and carried Motions be noted.

 

11/03/34      

Carried

 

 

ITEM - 37 UPDATE REPORT ON LOCAL ENVIORNMENTAL PLAN

 

Proceedings in Brief

It was noted this report provided the additional information referred to at Tabled Notation Report Item 26.

 

MOTION (Wilcox/MacSmith)

 

THAT Council accepts the Letter of Offer from the Department of Planning and agrees to assistance to allow for the preparation of a ‘conversion LEP’ with an intended deadline of 31 December 2011. 

 

11/03/35      

Carried

 

ITEMS FOR NOTATION

 

ITEM - 2    2011 E DIVISION CONFERENCE

 

Proceedings in Brief

Clr Gosper requested it be noted that whilst the report referred to the Mayor attending the E Division Conference in fact the Deputy Mayor attended.

 

 

ITEM - 4    CENTROC BOARD MEETING FEBRUARY 2011

 

Proceedings in Brief

Clr Gosper requested it be noted that whilst the report referred to the Mayor attending the CENTROC Board meeting in fact the Deputy Mayor attended with Clrs Culverson and Duffy.

 

 

ITEM - 7 COMMUNITY CONSULTATION MEETING - YEOVAL

 

Proceedings in Brief

Clr Gosper requested it be noted that whilst the report annexure referred to Clr Bleakley as the Deputy Mayor in fact the Deputy Mayor should re recorded as being “Clr Gosper”.

 

 

ITEM - 8    COMMUNITY CONSULTATION MEETING - LOWER LEWIS PONDS

 

Proceedings in Brief

Clr Culverson requested it be noted the report incorrectly referred to “Lower Lewis Ponds” when in fact it should be “Lewis Ponds”.

 

MATTERS OF URGENCY

There were Nil matters of Urgency.

 

CONFIDENTIAL ITEMS

 

 

ITEM - 1    CARRYING OF COUNCIL INTO CLOSED COMMITTEE OF THE WHOLE MEETING

 

MOTION (Hyde/Wilcox)

 

THAT Council now hereby resolve into Closed Committee of the Whole for the purpose of discussing matters of a confidential nature relating to personnel or industrial matters, personal finances and matters the publicity of which Council considers would be prejudicial to the Council or the individuals concerned and that the press and public be excluded from the meeting in accordance with the conditions of Council’s Confidentiality Policy AND FURTHER that as reports to the Closed Committee of the Whole are likely to be confidential and their release prejudicial to the public interest and the provisions of Council’s confidentiality policy, that copies of these reports not be made available to the press and public.

 

11/03/36      

Carried

 

 

ITEM - 2    ENDORSEMENT OF PROCEEDINGS OF CONFIDENTIAL MATTERS CONSIDERED AT COMMITTEE OF THE WHOLE MEETING

 

Recommendation (Hyde/Wilcox)

 

THAT the Committee endorse the accuracy of the Report of the Proceedings of Confidential Matters at the Closed Committee of the Whole Meeting held on 21st February 2011 and notes that the recommendations recorded in the Official Ordinary Minutes of that meeting are sufficient to state the general effect of the proceeding in Closed Committee.

 

1.

Carried

 

 

ITEM - 3    GELATO FACTORY MOLONG

 

Recommendation (Gosper/Wilcox)

 

THAT Council continue negotiations for the sale of the Gelato Factory and the property “Eden” and adjoining land if required and instruct the General Manager to obtain outstanding Sundry Debtor amounts before  31 July 2011.

 

2.

Carried

 

 

ITEM - 4    DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS

 

Recommendation (Duffy/Hyde)

 

THAT the ratepayers in the annexure attached be advised in writing that if payment of their account is not made, or a satisfactory arrangement for payment is not made within seven days of the correspondence that Council intends to issue a Statement of Claim for the recovery of all monies owed to Council.

 

3.

Carried

 

 

ITEM - 5    OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS

 

Recommendation (Duffy/Gosper)

 

THAT the information be noted.

 

4.

Carried

 

 

ITEM - 6    Canowindra Pool Longterm Plan

 

Recommendation (Walker/Hyde)

 

THAT Council engage Lanz Marshall to undertake the longterm plan for the Canowindra pool.

 

5.

Carried

 

 

ITEM - 7    Proposed Engineering and Technical Services Structure and Resourcing

 

Recommendation (Wilcox/Gosper)

 

THAT:

 

1.      Council approve the restructure of the Engineering and Technical Services Department with the creation of the section of Operations Urban Services under the Manager Urban Services and utilities and change the position statements of existing positions affected by this restructure accordingly.  Further that the restructure will not impact negatively on existing positions by statement of duties or salary.

 

2.      An outline of the new structure be presented to the next Consultative Committee for consideration.

 

6.

Carried

 

Clr Dean requested his vote against the Motion be recorded.

 

 

ITEM - 8    QUARRY REVIEW COMMITTEE MEETING MINUTES

 

Recommendation (Duffy/Hyde)

 

THAT the report and recommendations of the Quarry Review Committee held on Monday 7th February 2011 be adopted.

 

7.

Carried

 

 

ITEM - 9    LAND DEVELOPMENT SUB COMMITTEE MEETING

 

Recommendation (Duffy/Hyde)

 

THAT the report and recommendations of the Land Development Sub Committee Meeting of Cabonne Council held on 7 March 2011 be adopted.

 

8.

Carried

 

It was noted the time being 3:00pm Clr Duffy declared an Interest in the following Item (identified as a Perceived conflict of interest of a pecuniary type) due to being a neighbour to the property to which the DA refers and left the Chambers.

 

 

ITEM - 10 DEVELOPMENT APPLICATION - PROPOSED DWELLING, LOT 3 DP 871725, 95 CURTIN ROAD, BORENORE

 

Recommendation (Culverson/Gosper)

 

THAT the information be noted.

 

9.

Carried

 

It was noted the time being 3:02pm Clr Duffy rejoined the meeting at which time the Chair resumed the Ordinary Meeting.

 

 

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE

 

MOTION (Culverson/Gosper)

THAT the Report and Recommendations of the Closed Committee of the Whole Meeting held on Monday 21 March, 2011 be adopted.

 

11/03/37      

Carried

 

 

There being no further business, the meeting closed at 3:03pm.

 

 

 

CHAIRMAN.

 

 

Chairman of the Ordinary Meeting of Cabonne Council held on the 18 April, 2011 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.