MINUTES OF THE Ordinary Council Meeting HELD AT THE COUNCIL CHAMBERS MOLONG ON Monday 18 aPrIL, 2011 COMMENCING AT 09:30am

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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.. 6

ITEM - 6     BUSINESS PAPER ITEMS FOR NOTING.. 6

ITEM - 7     Questions For Next Meeting.. 6

ITEM - 8     INTERNAL AUDIT SERVICES.. 6

ITEM - 9     ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING   7

ITEM - 10  BUSINESS DEVELOPMENT ASSISTANCE PROGRAM.. 7

ITEM - 11  COMMUNITY SERVICES COMMITTEE MEETING.. 7

ITEM - 12  CHANGES TO CATEGORISATION OF LAND.. 7

ITEM - 13  THISTLE STREET RENAMING - MOLONG.. 8

ITEM - 14  CENTROC BEST PRACTICE MANAGEMENT PROJECT FOR WATER UTILITIES.. 8

ITEM - 15  REVIEW OF MOLONG FLOODPLAIN RISK MANAGEMENT STUDY   9

ITEM - 16  INSTALLATION OF SOLAR PANELS.. 9

ITEM - 18  DECEMBER 2010 MOLONG FLOOD COMMUNITY DE-BRIEF.. 10

ITEM - 17  WORKS COMMITTEE MEETING MINUTES.. 10

ITEM - 22  NOTICE OF MOTION - DEVELOPMENT APPLICATION 2011/77. 11

ITEM - 23  DEVELOPMENT APPLICATION 2011/0077 - TOURIST FACILITY AND ANCILLARY DWELLING - LOT 100 DP 1031436, THE ESCORT WAY, BORENORE.. 11

ITEM - 24  DEVELOPMENT APPLICATION 2011/103 - 3 VILLA HOUSES ON LOT 5 SECTION 16 DP 7758221, 11 PRESTON STREET, CANOWINDRA. 13

ITEM - 19  BANK STREET TREES IN MOLONG.. 13

ITEM - 20  RTA Proposed Replacement of Timber Bridge.. 14

ITEM - 25  REVIEW OF ENVIRONMENTAL FACTORS - CUMNOCK SEWERAGE TREATMENT PLANT.. 14

ITEM - 26  REVIEW OF ENVIRONMENTAL FACTORS - YEOVAL SEWERAGE TREATMENT PLANT.. 15

ITEM - 21  ORANGE MODEL AIRCRAFT CLUB INC.. 15

ITEM - 27  ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING   15

ITEM - 28  USE OF COUNCIL SEAL – ASSIGNMENT OF CONTRACT - PROCESSING OF GARDEN ORGANICS AND WOOD AND TIMBER FOR COUNCILS IN THE NETWASTE REGION.. 16

ITEM - 7     Questions For Next Meeting.. 16

ITEMS FOR NOTATION.. 16

ITEM - 4 COMMUNITY CONSULTATION MEETING - MOLONG.. 16

ITEM 8 - BELLS LINE EXPRESSWAY.. 17

MATTERS OF URGENCY.. 17

Matter of Urgency - FLYING FOX.. 17

CONFIDENTIAL ITEMS.. 17

ITEM - 1     CARRYING OF COUNCIL INTO CLOSED COMMITTEE OF THE WHOLE MEETING.. 17

ITEM - 2     CADIA EAST VOLUNTARY PLANNING AGREEMENT.. 18

ITEM - 3     DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS.. 18

ITEM - 4     OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS.. 18

ITEM - 5     MOLONG QUARRY INTERIM MANAGEMENT PLAN.. 18

ITEM - 6     QUARRY REVIEW COMMITTEE MEETING MINUTES.. 19

ITEM - 7     PURCHASE OF THREE TRUCKS AND THREE DOG TRAILERS.. 19

ITEM - 8     TENDER FOR CONSTRUCTION OF WALDERGRAVE ROAD.. 19

ITEM - 9     AQUISITION OF LAND FOR ROAD RESEVE PURPOSES ALONG BURGOON LANE.. 19

ITEM - 10  TENDERS FOR THE CONSTRUCTION OF THE CUDAL AND MANILDRA PUMP STATION.. 20

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE.. 20


MINUTES OF THE Ordinary Council Meeting HELD AT THE COUNCIL CHAMBERS MOLONG ON Monday 18 aPrIL, 2011 COMMENCING AT 09:30am

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PRESENT         Clr R Dowling (in the Chair), Clrs G Dean, N Bleakley, L MacSmith (arriving 9:45am), I Gosper, S Wilcox, A Durkin, D Hyde, K Walker, J Farr, J Culverson and K Duffy.


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

 

ITEMS FOR DETERMINATION

 

 

ITEM - 1    APPLICATIONS FOR LEAVE OF ABSENCE

 

Proceedings in Brief

The temporary absence of Clr L MacSmith was noted.

 

 

ITEM - 2    DECLARATIONS OF INTEREST

 

Proceedings in Brief

Clr Duffy declared an interest in Closed Item 2 (identified as a pecuniary interest) as he has family that work at the mines.

Clr Gosper declared an interest in Determination Item 13 (identified as non-significant, non-pecuniary interest) due to his wife’s maiden name (Brown) and relationship to the Neville family.

The General Manager declared an interest in items 22 and 23 (identified as a significant non-pecuniary interest) due to the applicant being a friend and associate.

 

 

ITEM - 3    DECLARATIONS OF POLITICAL DONATIONS

 

There were nil declarations of political donations.

 

 

ITEM - 4    MAYORAL MINUTE - APPOINTMENTS

 

Proceedings in Brief

Clr Dowling

·             Ordinary Council Meeting

·             Along with Clrs Bleakley and Gosper surveyed Molong residents and shop owners on retention of trees in Bank Street

·             Mayoral morning tea – Molong Sheep Dog Championships

·             CSU Graduation Ceremony – Orange Civic Theatre

·             Along with other Council representatives, including the Economic Development Manager, met with David MacSmith (Commercialisation Aust) on their grants program for Aust technology related businesses

·             Council tour of eastern end of Shire

·             The Director of Environmental Services, Heather Nicholls and myself met with Eileen Ford at the Molong Cemetery

·             Cudal Community Consultation Meeting

·             Attended Botanical Art Exhibition at Orange Highland Wines and Gardens

·             Committee Meetings – Canowindra – tour of Canowindra

·             Yeoval Progress Meeting

·             Molong Community Consultation Meeting

·             Meeting with Heather Nicholls, Steve Harding and developer Phillip Stivens – B&B – Escort Way

·             Canowindra Balloon Championship

·             F.O.O.D Week & 100 mile dinner – Canowindra

·             Eugowra – opening of Canowindra Skate Park and Eugowra Community Hall and Childcare Centre

·             Along with Director of Engineering, met with Giovanni de Francesca – floor issues and expansion of factory

·             Directors Meeting

·             Attended presentation night – Canowindra Aust Balloon championships.

 

Clr Wilcox

·             Pipe Line Meeting – Mullion Creek Hall

·             Extraordinary Hall Trust Meeting  - Skate Park

·             Economic Development and Tourism Committee – Chair

·             Environmental Services Committee

·             Land Development Meeting

·             Tourism Conference – Engadine

·             DLG Councillor Session – Molong

·             Council Meeting

·             Community Consultation Meeting –Nashdale

·             Commercialisation Australia – At Mayor’s invitation

·             Eastern Tour – Orange Depot

·             Economic Development and Tourism Committee – Chair

·             Environmental Services Committee

·             AOW Vice Chair – Cultural Fund Meeting

·             Community Consultation – Molong

·             Clergate School – Badges Presentation – At Mayor’s request

·             Canowindra Challenge – Official Opening and Balloon Glow

·             Council Meeting

 

Clr MacSmith (provided after meeting)

·        Community Consultation @ Nashdale

·        Meeting with representatives for development of Cudal showground into equine centre

·        Eastern end tour

·        Cudal Community Consultation meeting

·        Council Committee meetings – could not attend

·        Meeting with Minister for Primary Industry Katrina Hodgkinson re resolution to problem of flying foxes damaging district orchards.

 

Clr Gosper

·        Attended Council monthly meeting

·        Survey of business houses in Molong re street trees

·        Attended Nashdale community meeting

·        Chaired meeting between Golf Club and Show Society at Molong and possible B&S Ball Committee, for Mayor

·        Presented Cabonne Council trophies at Molong Sheep Dog Trial presentations, for Mayor

·        Attended Eastern Area Bus Tour

·        Attended Cudal Community Meeting

·        Attended Committee Meetings at Canowindra

·        Road inspections in the Nangar Ward Area with the Mayor and Local Clr Dean

·        Attended Molong Community Meeting

·        Attended MAG Monthly Meeting, as Council’s representatives

·        Attended Directors meeting at Chambers

 

Clr Hyde

·        Nashdale community meeting at Nashdale Community Hall

·        RTC board meeting

·        East tour of Cabonne by Councillors.

·        Cudal Community meeting

·        Golden West Caravan and Motor home gathering at Eugowra

·        Eugowra MPS 1st health committee meeting

·        Council Heritage Advisory Committee meeting at Molong

·        Council committee meetings at Canowindra

·        Eugowra Progress AGM meeting

·        Official opening of the Eugowra Child Care and Community Hall and Canowindra Skate Park at Eugowra

 

Clr Dean

·        Nashdale Consultation Meeting

·        Eastern Tour

·        Cudal Consultation Meeting

·        Committee Meetings Canowindra

·        Molong Consultation Meeting

·        Cabonne Consultative Committee Meeting – Molong

·        Eugowra/Canowindra opening of RLCIP

·        Council Meeting Molong

·        Tour of Coates Creek/Reedy Creek with Mayor and Deputy

 

Clr Walker

·        Caravan Park Meeting Cudal

·        Meeting Candidates Canowindra

·        Met with various ratepayers re Canowindra Issues

·        Met with Bill West – Cowra Mayor

·        LEP Meeting Canowindra

·        Balloon meeting

·        Eastern tour

·        Cudal consultation meeting

·        Committee meetings – Canowindra

·        Molong Consultation Meeting

·        Australian Balloon meeting opening and balloon glow

·        Eugowra RLCIP

·        Council meeting

 

Clr Bleakley

·        Caravan park meeting

·        Nashdale community consultation

·        Cabonne Health Council

·        Traffic Committee Meeting

·        Cudal consultation meeting

·        Committee meeting

·        Molong Community Consultation

·        Consultative meeting

 

Clr Culverson

·        Ordinary Council Meeting

·        ECCO Public Meeting as requested by the Macquarie Pipeline Concerned Citizens Committee

·        Macquarie Pipeline Concerned Citizens Committee meeting

·        South-Eastern area tour of shire March RFS AGM

·        Canowindra inspections and Committee meetings held in Canowindra

·        Inspection of Dry Creek Road with staff

·        RLCIP opening of Eugowra Preschool upgrade and refurbishment and Canowindra Skate Park held in Eugowra

·        Daroo Committee Meeting

·        Meeting with Canobolas Local Area Commander of Police Superintendent David Driver and Mullion Creek and District Skate/BMX Park representative

 

MOTION (Dowling/Wilcox)

 

THAT the information contained in the Mayoral Minute be noted.

 

11/04/01

Carried

 

 

Motion (Wilcox/Hyde)

 

THAT Council write a letter to Canowindra Challenge Inc. congratulating them on the success of the balloon festival.

 

11/04/02

Carried

 

 

ITEM - 5    CONFIRMATION OF THE MINUTES

 

MOTION (Hyde/Wilcox)

 

THAT the minutes of the Ordinary Meeting held on 21 March 2011 be adopted.

 

11/04/03

Carried

 

 

ITEM - 6    BUSINESS PAPER ITEMS FOR NOTING

 

Proceedings in Brief

Clr Hyde called Item 3; Clr Culverson called Items 4, 5 and 6; Clr Bleakley called Items 1, 2, 8, 10 and 16 and Clr Gosper called Item 14.

 

MOTION (Hyde/Wilcox)

 

THAT:

1.         Council consider the items called.

2.         The balance of the items be noted.

11/04/04

Carried

 

 

ITEM - 7    Questions For Next Meeting

 

MOTION (Duffy/Farr)

 

THAT the Questions For Next Meeting Item be moved to the end of the Determination section of the business paper to enable issues that arise throughout the meeting to be included in this item.

 

11/04/05

Carried

 

 

ITEM - 8    INTERNAL AUDIT SERVICES

 

Proceedings in Brief

In response to a question from Clr Bleakley, the Director of Finance and Corporate Services advised that each internal audit will be quoted on individually for that particular service.

 

MOTION (Farr/Wilcox)

 

THAT Council approve the joint engagement of IAB Services for internal audit services by the WBC Alliance Councils of Blayney, Cabonne and Central Tablelands Water.

11/04/06

Carried

 

 

ITEM - 9    ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING

 

MOTION (Wilcox/Dean)

 

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 4 April 2011 be adopted.

11/04/07

Carried

 

It was noted Clr Farr declared an interest in the following Item (identified as a non-significant, non-pecuniary interest) due to the applicant being his accountant, and advised he would not leave the Chambers although he would refrain from any discussion.

 

 

ITEM - 10 BUSINESS DEVELOPMENT ASSISTANCE PROGRAM

 

MOTION  (Hyde/Bleakley)

 

THAT a further report be presented to Council at its May Council Meeting regarding similar businesses in Eugowra.

 

11/04/08

Carried

 

It was noted the time being 9:45am Clr MacSmith joined the meeting.

 

 

ITEM - 11 COMMUNITY SERVICES COMMITTEE MEETING

 

MOTION (Bleakley/Dowling)

 

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 4th April 2011 be adopted with the exception of the Additional Item headed “Request for a Plaque and Tree” to be amended to be “THAT consultation be held with the Molong RSL Club with a view to Council providing suitable recognition for Soldiers from the Boer War.”

11/04/09

Carried

 

 

ITEM - 12 CHANGES TO CATEGORISATION OF LAND

 

Proceedings in Brief

As a result of a question from Clr Duffy, the Director of Finance and Corporate Services advised that the changes to categorisation of land is only a name change and does not change zoning and that there will be no change to rating costs due to the transfer.

 

MOTION (Bleakley/Farr)

 

THAT the sub-categories Residential – Molong Town, Residential – Village and Residential – Rural, be transferred into the category Residential subject to no increase in rates as a result of the transfer, and that affected ratepayers be notified.

 

11/04/10      

Carried

It was noted Clr Gosper declared a non-significant, non-pecuniary interest in the following item due to his wife’s maiden name (Brown) and relationship to the Neville family.

 

ITEM - 13 THISTLE STREET RENAMING - MOLONG

 

MOTION (Bleakley/Farr)

THAT Council resolves to retain the Thistle Street name from Edward Street to the railway line (Sections A and B) and in accordance with Section 162 of the Roads Act 1993 to advertise the naming of the road from Banjo Paterson Way to Thistle Street as William Neville Lane and the renaming of the section of Thistle Street from the railway line to Starrlea Road  (Section C and D) as Kolonga Road.

11/04/11      

Carried

 

 

ITEM - 14 CENTROC BEST PRACTICE MANAGEMENT PROJECT FOR WATER UTILITIES

 

MOTION (Farr/Wilcox)

 

THAT Council:

1.   Take part in the Centroc Water utilities collaborative program to achieve best practice for all participating water utilities.

2.   Nominate Kevin Howell (Asset Manager) to coordinate Council’s participation in the Centroc water utilities collaborative program.

3.   Note the cost savings associated with the regional approach to funding best practice.

4.   Make provision in Council’s forward budget for the full suite of best practice works adopting the cost savings model of the Centroc approach.

5.   Be prepared in 2011/2012 to contribute $12,000 to deliver currency in compliance with Council’s

·    Drought maintenance plan

·    Demand Management Plan

·    Integrated Water Cycle Management Plan

6.   Request Centroc provide an update on this project on a quarterly basis

7.   Support the direction of Centroc to deliver the above within the existing Centroc framework

8.   Note that advice regarding any formal agreements that may be required to progress this project will come before Council in due course

9.   Provide advice regarding the above to Centroc.

11/04/12      

Carried

 

 

ITEM - 15 REVIEW OF MOLONG FLOODPLAIN RISK MANAGEMENT STUDY

 

MOTION (Bleakley/Gosper)

 

THAT Council approve the time extension for the completion of the draft report by 5 working days to the 29th April 2011.

 

11/04/13      

Carried

 

 

ITEM - 16 INSTALLATION OF SOLAR PANELS

 

Proceedings in Brief

The Director of Engineering and Technical Services informed Councillors that advice had been received from Crown Lands stating no objection to the proposal.

 

MOTION (Duffy/Hyde)

 

THAT subject to the following conditions:

1.       Crown Lands are first consulted and have no objections;

2.       Advice is sought from Council’s Solicitor; and

3.       Any agreement is reviewed by Council’s Solicitor

Council agrees in principle to the installation of solar panels on the Cumnock show pavilion building, noting the advice received from Crown Lands. 

11/04/14      

Carried

 

It was noted the time being 10:05am Clr Wilcox declared an interest in the following item (identified as a significant pecuniary interest) due to her being a trustee of said land and left the Chambers.

 

Clr Durkin declared an interest (identified as a potential non-significant, non-pecuniary interest) due to two serving police officers being on the Mullion Creek Reserve Hall Trust and was advised by Director of Finance and Corporate Services that this was excluded under Section 443(3)(b) of the Local Government Act and he remained in the Chambers.

 

It was noted the time being 10.08am, Item 17 (Works Committee Meeting Minutes) was deferred pending copies of a letter and Item 18 was addressed next.  Accordingly Clr Wilcox returned to the meeting.

 

 

ITEM - 18 DECEMBER 2010 MOLONG FLOOD COMMUNITY DE-BRIEF

 

MOTION (Gosper/Bleakley)

 

THAT Council note the items 1 to 7 in the report and further write to ARTC requesting an Officer of ARTC meet with Council to discuss the impact the bridges have on flooding and possible flood mitigation measures to improve waterway under the structure.

 

11/04/15      

Carried

 

It was noted the time being 10:11am Council addressed Item 17 of the business paper and Clr Wilcox left the Chambers due to her previous declaration of interest.

 

 

ITEM - 17 WORKS COMMITTEE MEETING MINUTES

 

Motion (Gosper/MacSmith)

 

THAT the report and recommendations of the Works Committee meeting held on Monday 4th April 2011 of Cabonne Council be adopted with the exception of the Additional Item headed “Mullion Creek District – Submissions for Grant” to be amended to:-

 

“THAT subject to demonstration of:

a)            Majority local community support; and

b)            Local fundraising commitment similar to other Cabonne Skate Parks,

Council support in principle the Mullion Creek and District Skate Park/BMX project with a similar contribution by Council as the other skate parks in Cabonne received.”

 

Amendment (Culverson/Duffy)

 

That the report and recommendation of the Works Committee meeting held on Monday 4th April 2011 of Cabonne Council be adopted with the exception of the Additional Item headed “Mullion Creek District – Submission for Grant” to be amended to:-

 

“THAT Council include in the 2011/12 budget, an allocation of $78,000 toward the Mullion Creek and District Skate/BMX Park as requested by the said committee”.

 

The Amendment was put and Lost

 

The Chair called a division as requested by Clr Duffy which resulted as follows (noting the absence of Clr Wilcox – declared interest):

 

For: Clrs Culverson and Duffy

Against: Clrs Dean, Bleakley, MacSmith, Gosper, Durkin, Hyde, Walker, Farr, and Dowling

 

Further Amendment (Previously foreshadowed) (Farr/Walker)

 

THAT the report and recommendations of the Works Committee meeting held on Monday 4th April 2011 of Cabonne Council be adopted with the exception of the Additional Item headed “Mullion Creek District – Submission for Grant” to be amended to:-

 

“THAT Council refer the amount of $30,000 toward the Mullion Creek and District Skate/BMX Park for consideration to the 2011/12 estimates.”

 

The Further Amendment was put and carried, becoming the Motion.  The Motion was put and carried.

 

MOTION (Farr/Walker)

 

That the report and recommendations of the Works Committee meeting held on Monday 4th April of Cabonne Council be adopted with the exception of the Additional Item headed “Mullion Creek District – Submission for Grant” to be amended to:-

 

“THAT Council refer the amount of $30,000 toward the Mullion Creek and District Skate/BMX Park for consideration to the 2011/12 estimates.”

 

11/04/16      

Carried

 

It was noted, the time being 10:50am a presentation was made to the Youth of the Month -  Mitchell Milne.

 

It was noted, the time being 10:53am a presentation was made to the Volunteer of the Month -  Mr Bob Adams.

 

It was noted the time being 11:00am Council adjourned for morning tea resuming at 11:15am.

It was noted the time being 11:17am the Chair announced Items 22, 23 & 24 were to be addressed next and the General Manager declared an interest in item 23 (identified as a significant non-pecuniary interest) due to the applicant being a friend and associate and left the Chambers.

 

ITEM - 22 NOTICE OF MOTION - DEVELOPMENT APPLICATION 2011/77

 

Proceedings in Brief

It was noted that this item was dealt with in conjunction with item 23.

 

 

 

ITEM - 23 DEVELOPMENT APPLICATION 2011/0077 - TOURIST FACILITY AND ANCILLARY DWELLING - LOT 100 DP 1031436, THE ESCORT WAY, BORENORE

 

Proceedings in Brief

It was noted, the time being 11:18am Mr Babic addressed Council as an objector to the Development Application.

It was noted, the time being 11:26am Jeanine Percy addressed Council on behalf of Mr Phillip Stivens (developer).

 

Motion (Farr/Culverson)

 

THAT Development Application 2011/77 for a tourist facility, barn and ancillary dwelling upon land described as Lot 100 DP 10314 be approved subject to:-

 

1)    Draft conditions presented to March Council meeting, with changes to permit staged development as per the applicant’s latest letter.

 

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:

For: Clrs Dean, Bleakley, Walker, Farr, Culverson and Duffy.

Against: Clrs Dowling MacSmith, Gosper, Wilcox, Durkin and Hyde with the Chair using his casting vote.

 

Lost

 

Motion (Wilcox/Hyde)

 

THAT 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, be refused on the basis:

 

1.      The subject proposal does not satisfy the objectives of the 7(c) Environmental Protection-Water Catchment Zone; and

 

2.      The proposal does not satisfy Clause 18 of the Cabonne Local Environmental Plan 1991.

 

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:

For: Clrs Dowling, MacSmith, Gosper, Wilcox, Durkin and Hyde with the Chair using his casting vote.

Against: Clrs Dean, Bleakley, Walker, Farr, Culverson and Duffy.

 

11/04/17      

Carried

 

It was noted, the time being 11:47am the General Manager rejoined the meeting.

 

 

ITEM - 24 DEVELOPMENT APPLICATION 2011/103 - 3 VILLA HOUSES ON LOT 5 SECTION 16 DP 7758221, 11 PRESTON STREET, CANOWINDRA.

 

Proceedings in Brief

It was noted, the time being 11:48am Mr Nick Jacobs addressed Council on behalf of objectors to the Development Application.

It was noted, the time being 11:54am Mr James Allardice addressed Council as the developer.

 

Motion (Farr/Hyde)

 

THAT Development Application 2011/103 for the construction of three (3) detached villas on Lot 5, Section 16, DP 758221, 11 Preston Street, Canowindra, be approved subject to the attached conditions.

 

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:

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

Against: Clr Durkin.

 

11/04/18      

Carried

 

It was noted, the time being 12:09pm Andrea Hamilton Vaughn, Roads & Traffic Authority Safety Officer addressed Council.

It was noted, the time being 12:17pm Allison Russell addressed Council regarding the Sustainable Collections Project.

 

It was noted Item 19 was addressed next.

 

 

ITEM - 19 BANK STREET TREES IN MOLONG

 

Proceedings in Brief

It was noted, the time being 12:34pm Mr Les Dean addressed Council in relation to the Liquid Amber trees in Bank street, Molong outlining his concerns and possible risk factors, and responded to questions by Councillors.

 

Motion (Gosper/Bleakley)

 

THAT:

1.    Council retain the existing Liquid Amber trees in Bank Street, Molong.

2.    Council develop a program to minimise the risks associated with the trees including seed pods and root damage to infrastructure.

11/04/19      

Carried

 

 

MOTION (Previously foreshadowed) (Hyde/Durkin)

THAT Council receive a scoping report at the next available Works Committee meeting providing costing of reoccurring expenditures from trees in public areas needing special care considerations.

The Chair called a division as requested by Clr Bleakley which resulted in a vote in favour of the Motion as follows:

For: Clrs Dowling, Dean, MacSmith, Gosper, Durkin, Hyde, Walker, Farr, Culverson and Duffy.

Against: Clrs Bleakley and Wilcox.

11/04/20      

Carried

It was noted, the time being 1:08pm Council adjourned for lunch resuming at 2:06pm.

 

 

ITEM - 20 RTA Proposed Replacement of Timber Bridge

 

Motion (Durkin/Wilcox)

 

THAT Council note the report and extend an invitation to the project manager to address council at the May Ordinary meeting.

 

11/04/21      

Carried

 

It was noted Items 25 and 26 were addressed next.

 

 

ITEM - 25 REVIEW OF ENVIRONMENTAL FACTORS - CUMNOCK SEWERAGE TREATMENT PLANT

 

Motion (Durkin/Wilcox)

 

THAT the proposed sewerage scheme for Cumnock incorporating a Sewerage Treatment Plant to be constructed upon land described as proposed Lot 852 in subdivision of Lot 85 DP 753224, known as 323 Baldry Road, Cumnock, be granted approval in relation to the Review of Environmental Effects prepared by Geolyse and dated May 2009 with conditions as set out as follows:

 

1.         That a 400m buffer be established surrounding the Cumnock STP to preclude any future rural residential dwelling development.

2.         Any area classified as woodland under the REF is to be fenced and maintained and managed for conservation purposes.

3.         All stock are to excluded from the effluent ponds.

4.         Surrounding landowners are to be provided with 24 hour access to a complaints phone number/contact.

5.         The scheme must not generate offensive odour.

11/04/22      

Carried

 

 

ITEM - 26 REVIEW OF ENVIRONMENTAL FACTORS - YEOVAL SEWERAGE TREATMENT PLANT

 

Motion (Durkin/Wilcox)

 

THAT the proposed sewerage scheme for Yeoval incorporating a Sewerage Treatment Plant to be constructed upon land described as proposed Lot  21 in subdivision of Lot 2 DP 566567, Banjo Paterson Way, Yeoval be granted approval in relation to the Review of Environmental Effects prepared by Geolyse and dated June 2009 with conditions as set out as follows:

 

1.   That a 400m buffer be established surrounding the Yeoval Sewage Treatment Plant to preclude any future rural residential dwelling development.

2.   Any area classified as woodland under the REF is to be fenced and maintained and managed for conservation purposes.

3.   All stock are to excluded from the effluent ponds.

4.   Surrounding landowners are to be provided with 24 hour access to a complaints phone number/contact.

5.   The scheme must not generate offensive odour.

11/04/23      

Carried

 

It was noted Item 21 was addressed next.

 

 

ITEM - 21 ORANGE MODEL AIRCRAFT CLUB INC

 

Motion (Duffy/Dean)

 

THAT Council refuse the request by the Orange Model Aircraft Club inc. to operate model float planes on the Borenore Dam.

 

11/04/24      

Carried

 

 

ITEM - 27 ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING

 

Motion (Culverson/Farr)

 

THAT the report and recommendations of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 4 April 2011 be adopted and carried Motions be noted with an amendment to Item 5 Proceedings in Brief in that “Clr Culverson invited other objectors to address the committee” to be replaced with “Clr Culverson indicated to the Chair that other objectors wished to address the Committee”.

 

11/04/25      

Carried

 

 

ITEM - 28 USE OF COUNCIL SEAL – ASSIGNMENT OF CONTRACT - PROCESSING OF GARDEN ORGANICS AND WOOD AND TIMBER FOR COUNCILS IN THE NETWASTE REGION

 

Proceedings in Brief

Clr Duffy questioned the Director of Environmental Services as to whether or not the contract for the garden organics would have to be re-endorsed.

 

Motion (Farr/Wilcox)

 

THAT the Common Seal of Cabonne Council be affixed to the revised contract between Cabonne Council, Haulaway Recyclers Pty Ltd and Fidoto Pty Ltd (trading as Shoalhaven Recycling) for the processing of garden organics and wood and timber for Councils in the NetWaste region.

11/04/26      

Carried

 

 

ITEM - 7    Questions For Next Meeting

 

Motion (Gosper/Hyde)

 

THAT Council receive a report at the next Council meeting in relation to questions asked / matters raised, being:

1.       Clr Bleakley requested a confidential report detailing the selling prices of all quarry products with comparisons to competitors where available.  The Director Of Engineering and Technical Services undertook to provide same to the next Quarry Review Committee.

 

2.       Clr Culverson requested an update on negations  regarding the block of land next to Clergate School.

 

3.       Clr Duffy requested updates on negotiations regarding the block of land at the Borenore Railway station; the raising of the Molong Creek Dam wall; and whether the Rural Fire Service had been invited to attend a Council workshop.

 

11/04/27      

Carried

 

ITEMS FOR NOTATION

 

ITEM - 4 COMMUNITY CONSULTATION MEETING - MOLONG

 

Proceedings in Brief

Clr Duffy requested a copy of the letter of support for the Molong Skate Park.

 

 

ITEM 8 - BELLS LINE EXPRESSWAY

 

Proceedings in Brief

Clr Bleakley suggested that Council should make a presentation in support of the Bell Line Expressway.

The General Manager advised that media releases had been issued.

 

MOTION (Duffy/Bleakley)

 

THAT Council write to the Minister for Roads asking his stance on the Bells Line Expressway and Dual Carriageway, Lithgow.

 

11/04/28      

Carried

 

MATTERS OF URGENCY

 

Matter of Urgency - FLYING FOX

 

MOTION (MacSmith/Wilcox)

THAT Council write to the Minister for Primary Industries Katrina Hodgkinson thanking her for her prompt reaction to the flying fox problem.

11/04/29      

Carried

 

CONFIDENTIAL ITEMS

 

 

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

 

Motion (Farr/Hyde)

 

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.

 

11/04/30      

Carried

 

It was noted, the time being 2:51pm Clr Duffy declared an interest (identified as a pecuniary interest) in Item 2 as he has family that work at the mines and left the Chambers.

 

 

ITEM - 2    CADIA EAST VOLUNTARY PLANNING AGREEMENT

 

Recommendation (Farr/Wilcox)

 

THAT the information be noted and that this matter be subject to a further report as more information comes to hand.

 

1.

Carried

 

It was noted, the time being 2:52pm Clr Duffy rejoined the meeting.

 

 

ITEM - 3    DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS

 

Recommendation (Farr/Gosper)

 

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.

 

2.

Carried

 

It was noted, the time being 2:53pm Clr Culverson declared an interest (identified as an actual pecuniary interest) in Item 4 as a client of their business has lodged a claim against Council and engaged the services of their business to repair damage and left the Chambers.

 

 

ITEM - 4    OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS

 

Recommendation (Farr/Wilcox)

 

THAT the information be noted.

 

3.

Carried

 

It was noted, the time being 2:54pm Clr Culverson rejoined the meeting.

 

It was noted, the time being 2:56pm Clr Gosper left the Chambers to attend another appointment and did not return.

 

 

ITEM - 5    MOLONG QUARRY INTERIM MANAGEMENT PLAN

 

Recommendation (Farr/Bleakley)

 

THAT the Interim Management Plan be provided to the full Quarry Review Committee together with full financial implications.

 

4.

Carried

 

 

ITEM - 6    QUARRY REVIEW COMMITTEE MEETING MINUTES

 

Recommendation (Duffy/Hyde)

 

THAT the report and recommendations of the Quarry Review Committee held on Monday 4th April 2011 be adopted.

 

5.

Carried

 

 

ITEM - 7    PURCHASE OF THREE TRUCKS AND THREE DOG TRAILERS

 

RECOMMENDAtion (Durkin/Wilcox)

 

THAT:

1.    Council purchase from Mack Trucks Sydney, three Mack Granite 6 x 4 Rigid MP8 Cab Chassis fitted with an M & S tipping body for a purchase price of $225,000.00 each for an overall cost to Council of $675,000.00 exc GST.

2.    Council purchase from M & S Truck Bodies, Brentwood Trailers, Port Kembla NSW, three Axle Dog Trailers for a purchase price of $69,500.00 each, with an overall cost of $208,500.00 exc GST.

6.

Carried

 

 

ITEM - 8    TENDER FOR CONSTRUCTION OF WALDERGRAVE ROAD

 

Recommendation (Duffy/Culverson)

 

THAT Council:

 

1.   Accept the tender from Coleman Earthmoving for the Reconstruction of Waldergrave Road from Ch0.4km to CH2.0km at a tendered price of $189,800 +GST; and

2.   Authorise the attachment for Council’s Seal to the Instrument of Agreement included in the Contract documents.

7.

Carried

 

 

ITEM - 9    AQUISITION OF LAND FOR ROAD RESEVE PURPOSES ALONG BURGOON LANE

 

Recommendation (Wilcox/MacSmith)

 

THAT Council enter into negotiations with the Landholder relating to maintenance of Burgoon Lane as soon as possible.

 

8.

Carried

 

It was noted, the time being 3:09pm Clr Culverson declared an interest (identified as an actual pecuniary interest) in Item 10 as their business has contracted to one of the tender applicants and left the Chambers.

 

 

ITEM - 10 TENDERS FOR THE CONSTRUCTION OF THE CUDAL AND MANILDRA PUMP STATION

 

Recommendation (Bleakley/Farr)

 

THAT:

1.   Council not accept any of the tenders submitted for the Construction of Cudal and Manildra Pump Stations for reasons that the submitted tender prices from all tenderers were well above the budget estimates for the project;

2.   Council not call fresh tenders due to the number of tenders received, the length of time of the tender advertising period and the fact that all tenderers have either completed similar project for Council or have a strong background in successfully completing similar projects; and

3.   Council enter into negotiations with TWS Electrical Pumps Filtration Irrigation Pty Ltd as the lowest tenderer for the Construction of the Cudal and Manildra Sewerage Pump Stations; and

4.   The result of the negotiations be reported back to Council.

 

9.

Carried

 

It was noted, the time being 3:12pm Clr Culverson rejoined the meeting at which time the Chair resumed the Ordinary meeting.

 

 

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE

 

Motion (Hyde/Wilcox)

 

THAT the Report and Recommendations of the Closed Committee of the Whole Meeting held on Monday 18 April, 2011 be adopted.

 

11/04/31      

Carried

 

 

There being no further business, the meeting closed at 3:13pm.

 

 

 

CHAIRMAN.

 

 

Chairman of the Ordinary Meeting of Cabonne Council held on the 16 May, 2011 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.