MINUTES OF THE Ordinary Council Meeting HELD AT THE COUNCIL CHAMBERS MOLONG ON Monday 27 June, 2011 COMMENCING AT 9:30am
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TABLE OF CONTENTS
ITEM - 1 APPLICATIONS FOR LEAVE OF ABSENCE
ITEM - 2 DECLARATIONS OF INTEREST
ITEM - 3 DECLARATIONS OF POLITICAL DONATIONS
ITEM - 4 MAYORAL MINUTE - APPOINTMENTS
ITEM - 49 MAYORAL MINUTE - 24 HOUR HELICOPTER RETRIEVAL SERVICE
ITEM - 5 CONFIRMATION OF THE MINUTES
ITEM - 15 Access to Information Held by Council - Councillors' Access
ITEM - 16 PROTECTED DISCLOSURES
ITEM - 17 LOCAL GOVERNMENT REMUNERATION TRIBUNAL 2011 ANNUAL REVIEW – COUNCILLORS & MAYORAL FEES
ITEM - 18 Government Information Public Access (GIPA) ACT - Publication Guide - Review
ITEM - 22 COMMUNITY SERVICES COMMITTEE MEETING
ITEM - 25 INTEREST RATES ON OVERDUE RATES & CHARGES FOR 2011/2012
ITEM - 34 WORKS COMMITTEE MEETING MINUTES
ITEM - 37 EUGOWRA ANALOGUE TV RETRANSMISSION SERVICE
ITEM - 38 SIGNING OF DEED FOR LAND ACQUISITION AS PART OF WORKS AT CHERRY TREE FALLS BRIDGE.
ITEM - 41 SECTION 355 COMMITTEE FOR CUDAL TENNIS COURTS..
ITEM - 42 WAR MEMORIAL GROVE OF TREES AND COMMEMORATIVE PLAQUES
ITEM - 6 BUSINESS PAPER ITEMS FOR NOTING
ITEM - 7 COMMUNITY CONSULTATION MEETINGS
ITEM - 8 LOCAL GOVERNMENT, PLANNING & ENVIRONMENTAL LAW CONFERENCE
ITEM - 9 DLG "LOCAL GOVERNMENT - DESTINATION 2036" WORKSHOP
ITEM - 10 INTEGRATED PLANNING & REPORTING - CABONNE COMMUNITY STRATEGIC PLAN
ITEM - 11 MODEL CODE OF CONDUCT
ITEM - 12 RESOLUTIONS REGISTER
ITEM - 13 INTERNAL AUDIT COMMITTEE
ITEM - 19 LOCAL GOVERNMENT WEEK 2011
ITEM - 20 Beyond the Ranges Health Workforce Project
ITEM - 21 Eugowra Rural Transaction Centre
ITEM - 24 2011/2012 Management Plan
ITEM - 26 RATES AND CHARGES FOR 2011/2012
ITEM - 27 HAWKESBURY & CABONNE COUNTRY - CITY ALLIANCE - 2011 STUDENT EXCHANGE PROGRAM
ITEM - 28 ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING
ITEM - 29 BORENORE BUSHFIRE SHED
ITEM - 36 Orange City Council - Macquarie Pipeline
ITEM - 35 EUGOWRA FLOODPLAIN RISK MANAGEMENT STUDY MARCH 2010 (DRAFT)
ITEM - 30 RAILWAY BRIDGE - MOLONG CREEK
ITEM - 31 FLUORIDATION OF MOLONG WATER SUPPLY - RESULTS OF SURVEY
ITEM - 32 YEOVAL DISTRICT BAPTIST CHURCH - REQUEST FOR WAIVER OF FEE OR INTEREST FREE LOAN
ITEM - 33 EUGOWRA VOLUNTARY PURCHASE SCHEME
ITEM - 39 DECEMBER 2010 NATURAL DISASTER FUNDING - LOCAL ROADS DAMAGE ADDITIONAL FUNDS VIA RTA SOW 2
ITEM - 44 ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING
ITEM - 48 MINUTES OF THE MAY 2011 MEETING OF THE ASSOCIATION OF MINING RELATED COUNCILS
ITEM - 50 Regional Relocation Grants
ITEM - 51 Questions For Next Meeting
ITEM - 20 LOCAL DEVELOPMENT PERFORMANCE MONITORING 2009-10
Application for leave - Clr Bleakley
ITEM - 1 CARRYING OF COUNCIL INTO CLOSED COMMITTEE OF THE WHOLE MEETING
ITEM - 2 WALUWIN COMMUNITY CENTRE
ITEM - 3 WRITE OFF OF FEES FOR DAMAGE TO CARGO HALL
ITEM - 4 IT Corporate System Replacement Tender
ITEM - 5 REQUEST FOR CONSIDERATION OF SEWER CHARGES - ACCOUNT 9350.00000.7
ITEM - 6 DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS
ITEM - 7 70A Gaskill Street, CANOWINDRA - LEASE
ITEM - 8 REGIONAL ROAD SIGNS CONTRACT
ITEM - 9 BURGOON LANE, REALIGNMENT
ITEM - 10 CENTROC REGIONAL FUEL CONTRACT
ITEM - 11 QUARRY REVIEW COMMITTEE MEETING MINUTES
ITEM - 12 OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS
ITEM - 13 DIRECTOR OF FINANCE & CORPORATE SERVICES CONTRACT
REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE
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.
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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. |
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THAT the apology tendered on behalf of Clr J Culverson be accepted and the necessary leave of absence be granted.
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11/06/10 |
Carried |
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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. |
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Proceedings in Brief There were nil declarations of political donations. |
It was noted the time being 09:34am Clr Walker joined the meeting.
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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
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THAT the information contained in the Mayoral Minute be noted.
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11/06/11 |
Carried |
It was noted Item 49 was addressed next.
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THAT the minutes of the Ordinary Meeting held on 16th May 2011 and the Extraordinary Meeting held on 6th June 2011 be adopted.
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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.
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ITEM - 15 Access to Information Held by Council - Councillors' Access |
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THAT Council re-affirm its adoption of the Access to Information Held by Council policy. |
11/06/14 |
Carried |
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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 |
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THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 6th June 2011 be adopted.
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11/06/18 |
Carried |
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THAT the report and recommendations of the Works Committee held on Monday 6th June 2011 of Cabonne Council be adopted.
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11/06/20 |
Carried |
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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”.
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11/06/21 |
Carried |
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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.
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11/06/23 |
Carried |
It was noted Item 6 was addressed next.
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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. |
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THAT: 1. Councillors consider the items called. 2. The balance of the items be noted.
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11/06/25 |
Carried |
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Proceedings in Brief
It ws noted the dates for Manildra and Cumnock were nominated as 12 October and 19 October respectively.
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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 |
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THAT the Mayor and General Manager be authorised to attend the “Local Government – Destination 2036” workshop in Dubbo on 17-18 August 2011.
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11/06/28 |
Carried |
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Proceedings in Brief
The Director of Finance & Corporate Services indicated comments should be received by 8 July 2011 to enable submission to be made.
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THAT Councillors provide any comments to the Director of Finance and Corporate Services to enable a submission to be made.
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11/06/30 |
Carried |
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THAT Council continue with the reporting of the resolutions register as per its current policy. |
11/06/31 |
Carried |
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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.
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THAT Council appoint the independent representatives on its Audit Committee as Phillip Bergett and Matthew Lawrence.
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11/06/32 |
Carried |
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THAT Council donate $700 to the Borenore Men’s Shed to cover the outstanding balance of the loan from Council.
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11/06/33 |
Carried |
It was noted Item 19 was addressed next.
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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 |
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THAT Council contribute a total of $11,000.00 to the ‘Beyond the Range’ health workforce project over the next three years.
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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.
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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.
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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.
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11/06/36 |
Carried |
It was noted, the time being 10:02am Clr Hyde rejoined the meeting and Item 23 was addressed next.
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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.
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11/06/37 |
Carried |
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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.
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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.
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11/06/39 |
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.
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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.
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THAT Council allow modification to the setback as shown on the attached plan for the establishment of the Borenore Bushfire shed.
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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.
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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.
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.
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.
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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.
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11/06/46 |
Carried |
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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 |
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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.
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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.
It was noted, the time being 2:25pm Clr Farr rejoined the meeting.
It was noted that Clr Durkin was out of the Chambers during voting on the following Item.
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THAT Council give in principle support to participating in the Regional Relocation Grants Scheme.
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11/06/57 |
Carried |
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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.
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11/06/58 |
Carried |
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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.
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11/06/59 |
Carried |
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THAT Clr Bleakley be granted leave of absence for a period of two months.
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11/06/60 |
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.
It was noted, the time being 2:57pm Clr Gosper rejoined the meeting.
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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 |
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.
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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.
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9. |
Carried |
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Recommendation (Bleakley/MacSmith)
THAT the report and recommendations of the Quarry Review Committee held on Monday 6th June 2011 be adopted.
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10. |
Carried |
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THAT the information be noted.
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11. |
Carried |
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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.
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12. |
Carried |
It was noted the time being 3:25pm the chair resumed the Ordinary meeting.
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THAT the Report and Recommendations of the Closed Committee of the Whole Meeting held on Monday 27 June, 2011 be adopted.
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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.