MINUTES OF THE Ordinary Council Meeting HELD AT THE COUNCIL CHAMBERS MOLONG ON Monday 27 June, 2011 COMMENCING AT 9:30am

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 - 49  MAYORAL MINUTE - 24 HOUR HELICOPTER RETRIEVAL SERVICE   4

ITEM - 5     CONFIRMATION OF THE MINUTES.. 4

ITEM - 15  Access to Information Held by Council - Councillors' Access   4

ITEM - 16  PROTECTED DISCLOSURES.. 4

ITEM - 17  LOCAL GOVERNMENT REMUNERATION TRIBUNAL 2011 ANNUAL REVIEW – COUNCILLORS & MAYORAL FEES.. 5

ITEM - 18  Government Information Public Access (GIPA) ACT - Publication Guide - Review... 5

ITEM - 22  COMMUNITY SERVICES COMMITTEE MEETING.. 5

ITEM - 25  INTEREST RATES ON OVERDUE RATES & CHARGES FOR 2011/2012  5

ITEM - 34  WORKS COMMITTEE MEETING MINUTES.. 6

ITEM - 37  EUGOWRA ANALOGUE TV RETRANSMISSION SERVICE.. 6

ITEM - 38  SIGNING OF DEED FOR LAND ACQUISITION AS PART OF WORKS AT CHERRY TREE FALLS BRIDGE. 6

ITEM - 41  SECTION 355 COMMITTEE FOR CUDAL TENNIS COURTS.. 6

ITEM - 42  WAR MEMORIAL GROVE OF TREES AND COMMEMORATIVE PLAQUES   7

ITEM - 6     BUSINESS PAPER ITEMS FOR NOTING.. 7

ITEM - 7     COMMUNITY CONSULTATION MEETINGS.. 7

ITEM - 8     LOCAL GOVERNMENT, PLANNING & ENVIRONMENTAL LAW CONFERENCE   8

ITEM - 9     DLG "LOCAL GOVERNMENT - DESTINATION 2036" WORKSHOP   8

ITEM - 10  INTEGRATED PLANNING & REPORTING - CABONNE COMMUNITY STRATEGIC PLAN.. 8

ITEM - 11  MODEL CODE OF CONDUCT.. 8

ITEM - 12  RESOLUTIONS REGISTER.. 9

ITEM - 13  INTERNAL AUDIT COMMITTEE.. 9

ITEM - 14  BORENORE MEN'S SHED.. 9

ITEM - 19  LOCAL GOVERNMENT WEEK 2011. 9

ITEM - 20  Beyond the Ranges Health Workforce Project.. 10

ITEM - 21  Eugowra Rural Transaction Centre.. 10

ITEM - 23  FRINGE BENEFITS TAX.. 10

ITEM - 24  2011/2012 Management Plan.. 11

ITEM - 26  RATES AND CHARGES FOR 2011/2012. 11

ITEM - 27  HAWKESBURY & CABONNE COUNTRY - CITY ALLIANCE - 2011 STUDENT EXCHANGE PROGRAM.. 12

ITEM - 28  ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING   12

ITEM - 29  BORENORE BUSHFIRE SHED.. 12

ITEM - 36  Orange City Council - Macquarie Pipeline.. 13

ITEM - 35  EUGOWRA FLOODPLAIN RISK MANAGEMENT STUDY MARCH 2010 (DRAFT) 14

ITEM - 45  REQUEST FOR s82A REVIEW OF DEVELOPMENT DETERMINATION - DA  2011/77 - LOT 100 DP 1031436 - 1034 THE ESCORT WAY, BORENORE   15

ITEM - 30  RAILWAY BRIDGE - MOLONG CREEK.. 15

ITEM - 31  FLUORIDATION OF MOLONG WATER SUPPLY - RESULTS OF SURVEY   15

ITEM - 32  YEOVAL DISTRICT BAPTIST CHURCH - REQUEST FOR WAIVER OF FEE OR INTEREST FREE LOAN.. 15

ITEM - 33  EUGOWRA VOLUNTARY PURCHASE SCHEME.. 16

ITEM - 39  DECEMBER 2010 NATURAL DISASTER FUNDING - LOCAL ROADS DAMAGE ADDITIONAL FUNDS VIA RTA SOW 2. 16

ITEM - 40  SIGNING OF DEED OF LICENCE FOR CABONNE COUNCIL'S OCCUPANCY AT ESSENTIAL ENERGY'S KARUGA RADIO SITE, YEOVAL.. 16

ITEM - 43  BEN HALL MONUMENT.. 16

ITEM - 44  ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING   17

ITEM - 46  ESCORT ROCK ROAD RESERVE, EUGOWRA - SITE INTERPRETATION PROJECT AND SITE ACCESS PUBLIC LIABILITY ISSUES.. 17

ITEM - 47  REQUEST FROM ORANGE CITY COUNCIL TO CONTRIBUTE TOWARDS COST OF REPORT PREPARED ON OPTIONS FOR MANAGEMENT OF FLYING FOX WITH PARTICULAR REFERENCE TO COOK PARK, ORANGE.. 18

ITEM - 48  MINUTES OF THE MAY 2011 MEETING OF THE ASSOCIATION OF MINING RELATED COUNCILS.. 18

ITEM - 50  Regional Relocation Grants.. 18

ITEM - 51  Questions For Next Meeting.. 18

ITEMS FOR NOTATION.. 19

ITEM - 20  LOCAL DEVELOPMENT PERFORMANCE MONITORING 2009-10  19

MATTERS OF URGENCY.. 19

Application for leave - Clr Bleakley.. 19

CONFIDENTIAL ITEMS.. 19

ITEM - 1     CARRYING OF COUNCIL INTO CLOSED COMMITTEE OF THE WHOLE MEETING.. 19

ITEM - 2     WALUWIN COMMUNITY CENTRE.. 20

ITEM - 3     WRITE OFF OF FEES FOR DAMAGE TO CARGO HALL.. 20

ITEM - 4     IT Corporate System Replacement Tender.. 20

ITEM - 5     REQUEST FOR CONSIDERATION OF SEWER CHARGES - ACCOUNT 9350.00000.7. 21

ITEM - 6     DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS.. 21

ITEM - 7     70A Gaskill Street, CANOWINDRA - LEASE.. 21

ITEM - 8     REGIONAL ROAD SIGNS CONTRACT.. 21

ITEM - 9     BURGOON LANE, REALIGNMENT.. 22

ITEM - 10  CENTROC REGIONAL FUEL CONTRACT.. 22

ITEM - 11  QUARRY REVIEW COMMITTEE MEETING MINUTES.. 22

ITEM - 12  OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS.. 22

ITEM - 13  DIRECTOR OF FINANCE & CORPORATE SERVICES CONTRACT   23

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE.. 23

 


 

PRESENT         Clr R Dowling (in the Chair), Clrs G Dean, N Bleakley, L MacSmith, I Gosper, S Wilcox, A Durkin, D Hyde, K Walker (arriving 09:34am), J Farr and K Duffy.


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 Culverson for her unavoidable absence from the meeting.  The temporary absence of Clr Walker was noted.

 

MOTION (Hyde/Bleakley)

 

THAT the apology tendered on behalf of Clr J Culverson be accepted and the necessary leave of absence be granted.

 

11/06/10            

Carried

 

 

ITEM - 2    DECLARATIONS OF INTEREST

 

Proceedings in Brief

Clr Gosper declared an interest in Item 2 of Closed (identified as a general disclosure due to his daughter being an employee of a doctor who works at the Waluwin Centre); Clr Hyde declared an interest in Item 21 (identified as a pecuniary interest) due to being a Board member of the Rural Transaction Centre Eugowra and the General Manager declared an interest in item 45 (identified as a significant non-pecuniary interest) due to the applicant being a friend and associate.

 

 

ITEM - 3    DECLARATIONS OF POLITICAL DONATIONS

 

Proceedings in Brief

There were nil declarations of political donations.

 

It was noted the time being 09:34am Clr Walker joined the meeting.

 

 

ITEM - 4    MAYORAL MINUTE - APPOINTMENTS

 

Proceedings in Brief

Dowling

·         L.E.P. Workshop – Council

·         CENTROC – Condobolin

·         Opened National Ploughing Championships.  .N.F.D. Borenore

·         Shire’s Conference – Sydney

·         L.E.P. Workshop – Council

·         Met with Manager, Bendigo Bank – Orange

·         Committee Meetings

·         Extraordinary Meeting

·         Quadro Meeting

·         Yeoval Progress Meeting

·         Met with concerned residents, proposed Macquarie Pipeline

·         Eugowra Progress Meeting

·         N.G.A.  Conference – Canberra

·         Cowra Community Consultation Meeting – Canowindra

·         Council Meeting

 

Clr Dean:

·         Attended LEP work shop

·         Attended Committee meetings

·         Attended Cudal Progress Association meeting

·         Attended Cabonne Consultative Committee meeting

·         Attended Cabonne Traffic Committee meeting

·         Attended Cabonne Council meeting

 

Clr Gosper:

·         Attended Council monthly meeting

·         RFS liaison Canobolas Zone meeting in Orange

·         Attended an RTA users consultation meeting in Parkes along with Director Staples.

·         Attended a meeting with Doctor and the Mayor and the Director of Finance re the Waluwin Centre.

·         Attended the shires association conference in Sydney along with the General Manager, Mayor and Clr Wilcox.

·         Chaired the LEP heritage workshop at the Chambers facilitated by Director of Environmental Services.

·         Met with some West Molong residents re: Planning Issues

·         Attended the Eugowra Progress Associations meeting

·         Meeting with Ophir residents re: OCC Pipeline

·         Represented the mayor at the launch of The Road Safety Campaign in Manildra

·         Attended the Directors’ meeting at Molong

 

Clr Hyde

·         Meeting at The Escort Rock with representatives of Cabonne and Forbes Councils

·         Meeting with the Self Care committee at Eugowra

·         Attended a Quiz Night for the EPPA

·         Workshop for Cabonne’s new LEP at Molong

·         Took part in a book reading day at Eugowra Public School

·         Attended Daroo/STDM at Molong

·         Meeting at the new MPS Hospital Eugowra

·         Met with resident re Investigating Access problems

·         Heritage LEP Workshop at Molong Chambers

·         Attended Committee meetings

·         Met with resident from Bangaroo re conditions of roads

·         EPPA meeting re discussion with community about VPS TV and other pending issues

·         Meeting at the RTC re state of the business

·         Meeting at Eugowra re: Heliport, lights at football oval and skate park

·         HACC combined meeting held at Manildra

·         Medical Centre house Eugowra meeting of the 355 committee

·         Council meeting

 

Clr Walker

·         Committee meeting and LEP

·         Meeting with Resident re Eugowra Road

·         Meeting with resident re Amalgamation

·         Meeting with resident re Private Cemetery

·         Attended Canowindra High School re Back Off Bullying

·         Rotary closure dinner

·         Meet with Director of Engineering & Technical Services re Sports Oval concerns

·         Meeting with resident re Mill Street

·         Meeting with resident re High School Eastern fence

·         Cemetery complete

·         Meeting with CRLFC re Woodbridge Cup Grand Final Cargo

·         Lion’s Club change over

·         Meeting with resident re Memorial Park

·         Council meeting and LEP workshop

 

Clr Wilcox

  • One Association Workshop
  • CCTAC – Molong
  • Cumnock Progress Association
  • LGMA NSW Forum 2011
  • Shires Association of NSW Annual Conference Day 1
  • Shires Association of NSW Annual Conference Modernisation It’s our time
  • Cabonne Heritage Study Workshop
  • Economic Development and Tourism Committee – Chair
  • Environmental Services Committee
  • Quarry Review Committee
  • Extra Ordinary Meeting and Finance workshop – Management Plan
  • Waste management Workshop – Quadro report II
  • CCTAC network meeting – Borenore store
  • Cumnock Progress Association
  • AOW Cultural Fund meeting – Bathurst
  • Mullion Creek Hall Trust meeting
  • Council meeting

 

 

MOTION (Dowling/)

 

THAT the information contained in the Mayoral Minute be noted.

 

11/06/11            

Carried

 

It was noted Item 49 was addressed next.

 

 

ITEM - 49 MAYORAL MINUTE - 24 HOUR HELICOPTER RETRIEVAL SERVICE

 

MOTION (Dowling/Wilcox)

THAT:

1.   Cabonne Council lend its support for a 24 hour helicopter retrieval service located out of Orange.

2.   Council notify surrounding Councils and CENTROC of this support.

3.   Council support any lobbying or delegation in relation to the proposal.

11/06/12            

Carried

 

 

ITEM - 5    CONFIRMATION OF THE MINUTES

 

MOTION (Farr/Walker)

 

THAT the minutes of the Ordinary Meeting held on 16th May 2011 and the Extraordinary Meeting held on 6th June 2011 be adopted.

 

11/06/13            

Carried

 

It was noted the following Items, (15, 16, 17, 18, 22, 25, 34, 37, 38, 41, and 42), were resolved as a block.

 

 

ITEM - 15 Access to Information Held by Council - Councillors' Access

 

MOTION (Wilcox/Hyde)

THAT Council re-affirm its adoption of the Access to Information Held by Council policy.

11/06/14            

Carried

 

 

 

ITEM - 16 PROTECTED DISCLOSURES

 

MOTION (Wilcox/Hyde)

 

THAT Council:

1.  Authorise the General Manager as being responsible for understanding and implementing the changed system.

2.  Handle any protected disclosures made after 1 July 2011 in accordance with the changed system.

3.  Receive a further report to adopt a revised Public Interest Disclosures Policy by the September 2011 meeting.

11/06/15            

Carried

 

 

 

ITEM - 17 LOCAL GOVERNMENT REMUNERATION TRIBUNAL 2011 ANNUAL REVIEW – COUNCILLORS & MAYORAL FEES

 

MOTION (Wilcox/Hyde)

 

THAT from 1 July 2011 the annual fees payable to Councillors be set at $9,970 and the additional annual fee payable to the Mayor be set at $21,770.

11/06/16            

Carried

 

 

 

ITEM - 18 Government Information Public Access (GIPA) ACT - Publication Guide - Review

 

MOTION (Wilcox/Hyde)

 

THAT Council adopt the Publication Guide for the ensuing 12 months and make it available on Council’s website.

 

11/06/17            

Carried

 

 

 

ITEM - 22 COMMUNITY SERVICES COMMITTEE MEETING

 

MOTION (Wilcox/Hyde)

 

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 6th June 2011 be adopted.

 

11/06/18            

Carried

 

 

ITEM - 25 INTEREST RATES ON OVERDUE RATES & CHARGES FOR 2011/2012

 

MOTION (Wilcox/Hyde)

 

THAT Council formally adopt the maximum interest rate allowable to be charged on overdue rates and charges for the 2011/2012 Management Plan, in accordance with  Section 566(3) of the Local Government Act,1993, to be advised by the Minister.

 

11/06/19            

Carried

 

 

 

ITEM - 34 WORKS COMMITTEE MEETING MINUTES

 

MOTION (Wilcox/Hyde)

 

THAT the report and recommendations of the Works Committee held on Monday 6th June 2011 of Cabonne Council be adopted.

 

11/06/20            

Carried

 

 

ITEM - 37 EUGOWRA ANALOGUE TV RETRANSMISSION SERVICE

 

MOTION (Wilcox/Hyde)

 

THAT Council comment on the ACMA’s recommendation to revoke council’s retransmission licence for the 5 analogue signals in the following, “Cabonne Council has concern that revoking its re-transmission licence for Eugowra will have a significant impact on a wide section of the Eugowra community as digital services may not be available to replace the analogue signals. Cabonne council calls on the Authority to ensure measures are put in place to ensure small remote communities, such as Eugowra are not adversely impacted on by this action”.

 

11/06/21            

Carried

 

 

ITEM - 38 SIGNING OF DEED FOR LAND ACQUISITION AS PART OF WORKS AT CHERRY TREE FALLS BRIDGE.

 

MOTION (Wilcox/Hyde)

THAT Council:

1.      Authorise the attachment for Council’s seal to the Deed of Release between Nicholas O’Ryan and Cabonne Council.

2.      Classify the land as operational.

11/06/22            

Carried

 

 

ITEM - 41 SECTION 355 COMMITTEE FOR CUDAL TENNIS COURTS

 

MOTION (Wilcox/Hyde)

 

THAT subject to not receiving direction from the Council as to the consideration of any particular matter by the Council itself and subject to the requirements of the Local Government Act 1993 and regulations thereunder and any express policy of the Council or regulations of any public authority other than the Council and pursuant to the powers conferred on Council by s355 of the Local Government Act 1993, the Cudal Sports Trust committee be authorised to exercise or perform on behalf of the Council the powers, authorities, duties and functions as follows:

 

   the care, control and management of the Cudal tennis courts.

 

11/06/23            

Carried

 

 

ITEM - 42 WAR MEMORIAL GROVE OF TREES AND COMMEMORATIVE PLAQUES

 

MOTION (Wilcox/Hyde)

 

THAT Council approve the project on the basis that there is no cost to Council for implementation or ongoing maintenance of the trees and plaques.

 

11/06/24            

Carried

 

It was noted Item 6 was addressed next.

 

 

ITEM - 6    BUSINESS PAPER ITEMS FOR NOTING

 

Proceedings in Brief

Clr Duffy called Items 2, 4, 6, 11 and 13; Clr Gosper called Items 12 and 20; Clr Bleakley called Items 5, 9, 11 and 12; and Clr MacSmith called Item 19.

 

MOTION (Hyde/Wilcox)

 

THAT:

1.     Councillors consider the items called.

2.     The balance of the items be noted.

 

11/06/25            

Carried

 

 

ITEM - 7    COMMUNITY CONSULTATION MEETINGS

 

Proceedings in Brief

 

It ws noted the dates for Manildra and Cumnock were nominated as 12 October and 19 October respectively.

 

 

MOTION (Hyde/Duffy)

THAT:

1.         Council confirm the indicative dates for the Community Consultation meetings.

2.         Council liaise with local Progress Association’s/Groups re date, conduct, venue, catering, agenda, etc.

3.         Councillors advise of any local arrangements which will assist with the promotion and communication of the meetings in their area.

4.         Letters be sent to ratepayers and media releases be arranged.

11/06/26            

Carried

 

 

ITEM - 8    LOCAL GOVERNMENT, PLANNING & ENVIRONMENTAL LAW CONFERENCE

 

MOTION (Hyde/Wilcox)

 

THAT the Director of Environmental Services and Clrs Dowling and Duffy be authorised to attend the Marsden’s Local Government, Planning & Environmental Law Conference on Friday 1 July 2011.

 

11/06/27            

Carried

 

 

ITEM - 9    DLG "LOCAL GOVERNMENT - DESTINATION 2036" WORKSHOP

 

MOTION (Wilcox/Farr)

 

THAT the Mayor and General Manager be authorised to attend the “Local Government – Destination 2036” workshop in Dubbo on 17-18 August 2011.

 

11/06/28            

Carried

 

 

ITEM - 10 INTEGRATED PLANNING & REPORTING - CABONNE COMMUNITY STRATEGIC PLAN

 

MOTION (Hyde/Gosper)

 

THAT:

 

1.   The information be noted.

 

2.   Councillors promote attendance by nominated persons and other interested parties at the workshop.

 

3.   An update report be presented to Council’s July meeting.

 

11/06/29            

Carried

 

 

ITEM - 11 MODEL CODE OF CONDUCT

 

Proceedings in Brief

 

The Director of Finance & Corporate Services indicated comments should be received by 8 July 2011 to enable submission to be made.

 

 

MOTION (Gosper/MacSmith)

 

THAT Councillors provide any comments to the Director of Finance and Corporate Services to enable a submission to be made.

 

11/06/30            

Carried

 

 

ITEM - 12 RESOLUTIONS REGISTER

 

MOTION (Wilcox/Hyde)

 

THAT Council continue with the reporting of the resolutions register as per its current policy.

11/06/31            

Carried

 

 

ITEM - 13 INTERNAL AUDIT COMMITTEE

 

Proceedings in Brief

The Director of Finance & Corporate Services advised that two suitable applications had now been received and gave a brief summary of the candidates’ experience and qualifications.

 

 

MOTION (Gosper/Wilcox)

 

THAT Council appoint the independent representatives on its Audit Committee as Phillip Bergett and Matthew Lawrence.

 

11/06/32            

Carried

 

 

ITEM - 14 BORENORE MEN'S SHED

 

MOTION (MacSmith/Duffy)

 

THAT Council donate $700 to the Borenore Men’s Shed to cover the outstanding balance of the loan from Council.

 

11/06/33            

Carried

 

It was noted Item 19 was addressed next.

 

 

ITEM - 19 LOCAL GOVERNMENT WEEK 2011

 

MOTION (Hyde/Bleakley)

THAT the Local Government Week Committee meet on 4th July 2011 Committees Day and discuss options including: Council and the Community working together; the forthcoming Integrated Planning and Reporting workshop at Cargo and school visits.

11/06/34            

Carried

 

 

ITEM - 20 Beyond the Ranges Health Workforce Project

 

MOTION (Farr/Gosper)

 

THAT Council contribute a total of $11,000.00 to the ‘Beyond the Range’ health workforce project over the next three years.

 

11/06/35            

Carried

 

It was noted, the time being 09:59am Clr Hyde declared a pecuniary interest in the following Item due to being a committee member of the Rural Transaction Centre and left the Chambers.

 

The Director of Finance & Corporate Services indicated that the RTC had received a one-off grant of $1,000 from Centrelink and was meeting on 28th June to develop a revised business plan.

 

 

ITEM - 21 Eugowra Rural Transaction Centre

 

Proceedings in Brief

The Director of Finance & Corporate Services indicated that the RTC had received a one-off grant of $1,000 from Centrelink and was meeting on 28th June to develop and revise a business plan.

 

 

MOTION (Farr/Bleakley)

 

THAT Council write today to the Minister for Human Services, the Hon Tanya Plibersek seeking the retention of Centrelink Agency Status at the Eugowra Rural Transaction Centre.

 

11/06/36            

Carried

 

It was noted, the time being 10:02am Clr Hyde rejoined the meeting and Item 23 was addressed next.

 

 

ITEM - 23 FRINGE BENEFITS TAX

 

MOTION (Hyde/MacSmith)

 

THAT Council:

1.    Continue to ensure accurate records are kept with regard to any area in which a liability for Fringe Benefits Tax may arise, and take steps to ensure Council’s Fringe Benefits Tax liability is minimised.

2.    Receive a further report once the new FBT requirements have been clarified.

 

11/06/37            

Carried

 

 

ITEM - 24 2011/2012 Management Plan

 

MOTION (Farr/Wilcox)

 

THAT:

1.     Council adopt the contents of the 2011/2012 Management Plan as placed on public exhibition.

2.     Council adopt the Draft Budget as placed on public exhibition.

11/06/38            

Carried

 

It was noted Item 26 was addressed next.

 

 

ITEM - 26 RATES AND CHARGES FOR 2011/2012

 

MOTION (Farr/Gosper)

 

THAT:

1.  The rates and charges detailed on the  schedule annexed hereto be made now for the year 2011/2012.

2.  The following definitions relating to areas covered by the rating categories be approved:

Farmland Category : All land outside the urban areas of Cabonne not categorised as “Residential”, “Business” or “Mining.

Residential Category : All land within defined urban areas of Cabonne,  excluding Canowindra Town, but including areas outside urban areas comprising an area of 2 to 40 hectares not categorised as “Farmland”, “Business” or “Mining”.

Residential Canowindra Town Category: All land within the Canowindra Town Improvement area, as defined in the Local Government Gazette No 124 22nd December 1989, not categorised as “Business”.

Mining Category. All land subject to a mining or a mineral Lease.

Business Category All land within defined urban areas other than Canowindra, as well as other land outside urban areas not categorised as “Farmland”, “Residential”  or “Mining.

Business – Molong Town Category  All Land within the Town of Molong, as defined in the Government Gazette of 18th of December 1964, not categorised as “Residential”.

Business – Canowindra Town Category All land within the Canowindra Town Improvement area, as defined in the Local Government Gazette No 124 22nd December 1989, not categorised as “Residential”.

Water Charges - In accordance with the Local Government Act.

Sewer Charges - In accordance with the Local Government Act.

 

11/06/39            

Carried

 

 

ITEM - 27 HAWKESBURY & CABONNE COUNTRY - CITY ALLIANCE - 2011 STUDENT EXCHANGE PROGRAM

 

MOTION (Bleakley/Wilcox)

 

THAT:

1.  Council corresponds with Yeoval Central School, Molong Central School and Canowindra High School to invite their participation in the 2011 Student Exchange Program as well as State, private and boarding schools in surrounding LGAs at which it is known children from Cabonne LGA attend.

2.  Council issues a media release to invite the young people in Cabonne to participate in the 2011 Student Exchange Program.

3.  Council offer a travel assistance contribution of up to $50 per student funded from Cabonne from the Section 356 vote.

 

11/06/40            

Carried

 

It was noted, the time being 10:14am Clr MacSmith declared an interest in the following Item due to having declared an interest during the Economic Development & Tourism Committee meeting and left the Chambers.

 

 

ITEM - 28 ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING

 

MOTION (Wilcox/Farr)

 

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 6 June 2011 be adopted with the exception of the 2nd recommendation of Item 4 (No. EDT41/11) which is to be referred back to the Economic Development and Tourism Committee.

11/06/41            

Carried

 

It was noted, the time being 10:17am Clr MacSmith rejoined the meeting.

 

 

ITEM - 29 BORENORE BUSHFIRE SHED

 

MOTION (MacSmith/Wilcox)

 

THAT Council allow modification to the setback as shown on the attached plan for the establishment of the Borenore Bushfire shed.

 

11/06/42            

Carried

 

Clr Duffy requested his vote against the motion be recorded.

 

It was noted the time being 10:22am the Mayor made a presentation to the volunteer of the month for June Ray Anderson followed by a presentation to Alan Chandler and Michael Fitzgerald of their Certificate IV in Frontline Management.

 

It was noted the time being 10:34am Council adjourned for morning tea resuming at 10:54am at which time Police Superintendent David Driver addressed Council.  It was noted at this time Clr Durkin made a general declaration of interest due to being a serving Police Officer and left the Chambers rejoining the meeting at 11:32am.

 

It was noted at this time 11:32am Item 36 was addressed next and representatives from the Macquarie Pipeline Concerned Residents Group addressed Council.

 

 

ITEM - 36 Orange City Council - Macquarie Pipeline

 

MOTION (Farr/Bleakley)

 

THAT:

1.       Council obtain an updated status report and timeline from Orange City Council in relation to the project.

2.       Further details of the establishment of a State Government Taskforce be investigated in relation to Terms of Reference and representation.

3.      An update on the approval process for the Pipeline through Part 3A or alternative measures be obtained.

4.       Council staff assist in assessing the impact of the Pipeline.

5.       Council support the immediate establishment of a Community Consultative Committee involving at least representatives from Orange City Council, local landholders and Cabonne Council.

6.       Council continue to meet and liaise with the Macquarie Pipeline Concerned Citizens Group.

7.       A Copy of Council’s report and resolutions be provided to Orange City Council for their information.

8.       At a suitable time Council write to the Minister requesting that the Macquarie Pipeline Part 3A application be referred to Council for assessment.

11/06/43            

Carried

 

It was noted Council addressed Item 35 next at which time representatives from the Eugowra Floodplain Review Committee addressed Council.  Additionally a submission was read out by the Mayor and a representative from the Department of Environment, Climate Change and Water also addressed Council.

 

 

ITEM - 35 EUGOWRA FLOODPLAIN RISK MANAGEMENT STUDY MARCH 2010 (DRAFT)

 

MOTION (Hyde/Farr)

 

THAT Council:

1.    Adopt the recommendations included in the report under Documentation 1 & 2, Mitigation Works, 1, 2 & 3, Council Assistance Measures 1 through 11 and Planning 1 through 7.

2.    Subject to adoption of the recommendations in 1 above, adopt the Review of Eugowra Floodplain Risk Management Study, March 2010.

3.    Thank the Eugowra Floodplain Review Committee for their input into the review and comment on the draft document.

4.    Develop implementation strategies for mitigations works and planning controls consistent with current planning legislation requirements.

5.    Investigate financial assistance options associated with the flood mitigation measures.

6.    Establish a consultative committee made up of representatives of the Eugowra Floodplain Review Committee, Eugowra Promotion and Progress Association and Community Members to assist with the development of strategies and implementation of the actions.

7.    Adopt an additional Mitigation Works recommendation viz. that Council in consultation with the Eugowra Floodplain Review Committee develop a budget, management plan and policy for the continuation of vegetation stream clearing of Mandagery Creek at Eugowra.

8.    Adopt an additional Documentation recommendation viz. that Council included all submissions and comments received from the start of the review process by the consultant, in Appendix G of Eugowra Floodplain Risk Management Study March 2010 document.

9.    Action the recommendation within three months.

10. Employ additional staff if required.

11/06/44            

Carried

 

It was noted, the time 12:50pm the General Manager declared an interest (identified as a significant non-pecuniary interest) due to the applicant being a friend and associate in Item 45 which was to be addressed next and left the Chambers. 

 

 

ITEM - 45 REQUEST FOR s82A REVIEW OF DEVELOPMENT DETERMINATION - DA  2011/77 - LOT 100 DP 1031436 - 1034 THE ESCORT WAY, BORENORE

 

MOTION (Gosper/Wilcox)

 

THAT Council agree to the request submitted under s82A of the Environmental Planning and Assessment Act 1979, as amended, to review the determination of DA 2010/77 – Lot 100 DP 1031436, 1034 The Escort Way, Borenore and that Council seek it own legal advice on planning issues as a matter of urgency prior to any determination of the review by Council.

 

11/06/45            

Carried

 

The Chair called for a Division of Council as required under Section 375A (3) of the Local Government Act which resulted in a unanimous vote for the Motion (noting the absence of Clr Culverson – apology).

 

It was noted the time being 12:57pm  the General Manager rejoined the meeting and at this time Council received an update on the WBC Strategic Alliance following which Council adjourned for lunch resuming at 2:10pm.

 

 

ITEM - 30 RAILWAY BRIDGE - MOLONG CREEK

 

MOTION (Gosper/MacSmith)

THAT Council:

1.   Note the report.

2.   Include the increase of the waterway under the railway bridge or alternative structure as an option to further investigate.

3.   Investigate other options.

 

11/06/46            

Carried

 

 

ITEM - 31 FLUORIDATION OF MOLONG WATER SUPPLY - RESULTS OF SURVEY

 

MOTION (Gosper/Durkin)

 

THAT Council contact NSW Health and seek advice and direction with regard to the results of the survey and fluoridation of the water supply.

 

11/06/47            

Carried

 

 

ITEM - 32 YEOVAL DISTRICT BAPTIST CHURCH - REQUEST FOR WAIVER OF FEE OR INTEREST FREE LOAN

 

MOTION (Durkin/Gosper)

 

THAT Council agree to an interest free loan over a five year period for the repayment of the sewer connection fee for the Yeoval District Baptist Church.

 

11/06/48            

Carried

 

 

ITEM - 33 EUGOWRA VOLUNTARY PURCHASE SCHEME

 

MOTION (Hyde/Gosper)

 

THAT Council:

1.    Note the proposed VP scheme is under consideration by the EPPA.

2.    Purchase and demolish 1 Barrack Street under the current VP program to be funded in the 2011/12 budget based on the indication of the current owners to relocate in Eugowra.

3.    Not consider any further applications under the VP program until after a policy has been adopted in consultation with the EPPA.

11/06/49            

Carried

 

 

ITEM - 39 DECEMBER 2010 NATURAL DISASTER FUNDING - LOCAL ROADS DAMAGE ADDITIONAL FUNDS VIA RTA SOW 2

 

MOTION (Bleakley/Dean)

 

THAT Council formally accept the RTA’s assessment of Council’s presentation of the December 2010 Natural Disaster damage to Council’s Local and Regional Roads and Bridges.

 

11/06/50            

Carried

 

 

ITEM - 40 SIGNING OF DEED OF LICENCE FOR CABONNE COUNCIL'S OCCUPANCY AT ESSENTIAL ENERGY'S KARUGA RADIO SITE, YEOVAL

 

MOTION (Gosper/Hyde)

 

THAT Council:

1.          Contact the RFS to determine when they will establishing their own site and whether there is an ongoing need to sign the licence

2.          Authorise the signature under Seal of the Deed of Licence.

11/06/51            

Carried

 

 

ITEM - 43 BEN HALL MONUMENT

 

MOTION (Walker/Durkin)

 

THAT approval be given for naming the monument the “Traveller’s Rest Monument” and that a blade sign with this name be affixed to the sign post as indicated in the body of the report.

 

11/06/52            

Carried

 

It was noted, the time being 2:24pm Clr Farr declared an interest in the following Item due to having declared an interest during the Environmental Services and Sustainability Committee meeting and left the Chambers.

 

 

ITEM - 44 ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING

 

MOTION (Wilcox/Durkin)

 

THAT the report and recommendations of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 6 June 2011 be adopted and carried Motions be noted.

 

11/06/53            

Carried

 

It was noted, the time being 2:25pm Clr Farr rejoined the meeting.

 

 

ITEM - 46 ESCORT ROCK ROAD RESERVE, EUGOWRA - SITE INTERPRETATION PROJECT AND SITE ACCESS PUBLIC LIABILITY ISSUES

 

MOTION (Wilcox/Hyde)

 

THAT:

1.       Council investigate opportunities to develop an interpretive signage project for implementation at the Escort Rock Rest Area, Eugowra with such project to potentially be implemented by June 2012.

2.       A further report be provided to Council following investigation and community consultation, detailing signage options and costs.

3.       Council provide funding of a minimum $3,000 towards the provision of suitable interpretive signage for the Escort Rock road reserve area.

4.       Council endorse access to the Escort Rock historic site on its existing public liability insurance policy.

5.       A further report be provided to Council addressing requirements for  adequate risk management of the historic site and the road reserve/rest area.

6.       Council acknowledge Forbes Council’s involvement and advise them of this resolution.

7.       The signage matter be referred to the RTA for comment.

 

11/06/54            

Carried

 

 

ITEM - 47 REQUEST FROM ORANGE CITY COUNCIL TO CONTRIBUTE TOWARDS COST OF REPORT PREPARED ON OPTIONS FOR MANAGEMENT OF FLYING FOX WITH PARTICULAR REFERENCE TO COOK PARK, ORANGE

 

MOTION (Duffy/MacSmith)

 

THAT Council give consideration to the request by Orange City Council to contribute $5,335 towards the costs incurred by Orange City Council in 2010 commissioning a report into grey headed flying fox camps at Orange.

 

11/06/55            

Carried

 

 

ITEM - 48 MINUTES OF THE MAY 2011 MEETING OF THE ASSOCIATION OF MINING RELATED COUNCILS

 

MOTION (Duffy/Walker)

 

THAT:

1.    The minutes of the May 2011 meeting of the Association of Mining Related Councils be noted.

2.    Council write to the State member of Parliament seeking support and further discussions regarding the return of mining royalties to local communities impacted by mining activity.

3.    Council writes to the Hon. Duncan Gay reminding him of his comments made into mining royalties being returned to Local Government.

11/06/56            

Carried

 

It was noted that Clr Durkin was out of the Chambers during voting on the following Item.

 

 

ITEM - 50 Regional Relocation Grants

 

MOTION (Wilcox/MacSmith)

 

THAT Council give in principle support to participating in the Regional Relocation Grants Scheme.

 

11/06/57            

Carried

 

 

ITEM - 51 Questions For Next Meeting

 

MOTION (Hyde/Durkin)

 

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

1.       Clr Hyde requested a report in relation to all costs incurred through the engagement of Lyall & Associates.

2.       Clr Duffy requested a closed report in relation to the General Manager’s performance review.

 

11/06/58            

Carried

 

ITEMS FOR NOTATION

 

ITEM - 20 LOCAL DEVELOPMENT PERFORMANCE MONITORING 2009-10

 

MOTION (Gosper/MacSmith)

 

THAT Council write to the Director of Environmental Services congratulating her and her staff on a job well done with particular note on the great figures reported on.

 

11/06/59            

Carried

 

MATTERS OF URGENCY

 

Application for leave - Clr Bleakley

 

MOTION (Gosper/Wilcox)

 

THAT Clr Bleakley be granted leave of absence for a period of two months.

 

11/06/60            

Carried

 

CONFIDENTIAL ITEMS

 

 

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

 

MOTION (Gosper/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.

 

11/06/61            

Carried

 

It was noted, the time being 2:55pm Clr Gosper made a general declaration of interest due to his daughter being employed by a Doctor who works at the Waluwin Centre and left the Chambers.

 

 

ITEM - 2    WALUWIN COMMUNITY CENTRE

 

Recommendation (Dowling/Bleakley)

 

THAT Council:

1.       Representatives meet with the Chairman and Executive Officer of the Dubbo Plains Division of General Practice.

2.       Receive a further report following the meeting indicating financial implications.

1.

Carried

 

It was noted, the time being 2:57pm Clr Gosper rejoined the meeting.

 

 

ITEM - 3    WRITE OFF OF FEES FOR DAMAGE TO CARGO HALL

 

Recommendation (Duffy/Hyde)

 

THAT:

1.      The amount of $2,507.19 being for damages to the Cargo Hall be written off as not legally recoverable.

2.      Council receives a report in relation to measures taken to make s355 committees aware of their responsibilities.

3.      Write to  the parent/s of the minor detailing the damage caused, costs incurred and advising of Council’s displeasure.

4.      Council write to all hall committees reminding them to require “proof of age” when taking hall bookings and warning of the dangers of “Social Media” parties.

2.

Carried

 

 

ITEM - 4    IT Corporate System Replacement Tender

 

Recommendation (Bleakley/Wilcox)

 

THAT Council approve the engagement of IT Vision Pty Ltd in accordance with the terms of the report for provision of supply, installation, training and annual maintenance of a corporate software system and authorise the signing under Council’s Seal of the contract documents.

 

3.

Carried

 

It was noted the following items (5, 6 & 7) were resolved as a block.  It was noted at this time Clr Durkin declared an interest (indentified as a perceived conflict of interest of a non significant non-pecuniary nature) in Item 5 due to the applicant being a personal friend but did not leave the Chambers.

 

 

ITEM - 5    REQUEST FOR CONSIDERATION OF SEWER CHARGES - ACCOUNT 9350.00000.7

 

RECOMMENDATION (Duffy/Bleakley)

 

THAT:

1.    The sewer account 9350.00000.7 be reduced using the method of averaging the previous three billing period amounts.

2.    A policy be written when a request for a reduction in sewer charges is received due to a water leak.

4.

Carried

 

 

ITEM - 6    DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS

 

RECOMMENDATION (Duffy/Bleakley)

 

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.

 

5.

Carried

 

 

ITEM - 7    70A Gaskill Street, CANOWINDRA - LEASE

 

RECOMMENDATION (Duffy/Bleakley)

 

THAT Council enter into a Lease Agreement with the current lease of 70A Gaskill Street Canowindra at the rental rate of $110 per week (GST Incl) for a further period until 30 June 2012.

 

6.

Carried

 

 

ITEM - 8    REGIONAL ROAD SIGNS CONTRACT

 

Recommendation (Bleakley/Gosper)

 

THAT Council:

1.   Agree to participate in a regional road signs contract.

2.   Provide CENTROC with advice accordingly.

3.   Authorise the signing under seal of the road signs contract document.

7.

Carried

 

 

ITEM - 9    BURGOON LANE, REALIGNMENT

 

Recommendation (Dowling/Bleakley)

 

THAT:

1.    Council make application to LMPA to close the Crown road reserve not required for road purpose as shown on the plan in the annexure to this report

2.    Subject to the vesting of the land being in Council’s favour and the land owner’s agreement to accepting the closed road to be full  compensation for road to be acquired for road, prepare a plan for road opening and dedication as a public road.

3.    Council Submit the plan for road opening and dedication for Council’s consideration including all costs associated with the process.

4.    Council attach Seal of Council to the plans of subdivision.

8.

Carried

 

 

ITEM - 10 CENTROC REGIONAL FUEL CONTRACT

 

Recommendation (Duffy/Gosper)

 

THAT this Item be deferred to the next Council meeting, or Extraordinary if required, to allow the pricing structure to be given further consideration in relation to local preference.

 

9.

Carried

 

 

ITEM - 11 QUARRY REVIEW COMMITTEE MEETING MINUTES

 

Recommendation (Bleakley/MacSmith)

 

THAT the report and recommendations of the Quarry Review Committee held on Monday 6th June 2011 be adopted.

 

10.

Carried

 

 

ITEM - 12 OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS

 

Recommendation (Gosper/Hyde)

 

THAT the information be noted.

 

11.

Carried

 

*

ITEM - 13 DIRECTOR OF FINANCE & CORPORATE SERVICES CONTRACT

 

Recommendation (Bleakley/Walker)

 

THAT the Contract for the Director of Finance & Corporate Services, Stephen Harding, be renewed for a further five year period commencing in May 2012.

 

12.

Carried

 

It was noted the time being 3:25pm the chair resumed the Ordinary meeting.

 

 

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE

 

MOTION (Bleakley/Gosper)

THAT the Report and Recommendations of the Closed Committee of the Whole Meeting held on Monday 27 June, 2011 be adopted.

 

11/06/62            

Carried

 

 

 

There being no further business, the meeting closed at 3:26pm.

 

 

 

CHAIRMAN.

 

 

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