Minutes of Ordinary Meeting

PRESENT Clr R Dowling (in the Chair), Clrs G Dean, L MacSmith, 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, Administration Manager and Administration Officer.

ITEMS FOR DETERMINATION

	ITEM - 1 APPLICATIONS FOR LEAVE OF ABSENCE
	Proceedings in Brief An apology was tendered on behalf of Clr N Bleakley for his unavoidable absence from the meeting.
	MOTION (Farr/Wilcox) THAT the apology tendered on behalf of Clr N Bleakley be accepted and the necessary leave of absence be granted.
11/08/01	Carried

ITEM - 2 DECLARATIONS OF INTEREST

Proceedings in Brief

Clr Culverson declared an interest in Item 22 of Ordinary (identified as a Perceived conflict of interest of a Significant Non-pecuniary nature) due to the Solicitor acting for the applicant being a client of her business; Clr Hyde declared an interest in Item 21 of Ordinary (identified as an interest of a significant non-pecuniary nature) due to his son using the applicant’s Architectural services; and the General Manager declared an interest in item 22 of Ordinary (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.

	ITEM - 4 MAYORAL MINUTE - APPOINTMENTS
	Proceedings in Brief Mayor Dowling · Cabonne 2025 Community Plan workshop - Cargo · Met with ratepayer – future business development · Attended meeting road concerns on Mitchell Highway – RTA reps and Minister, Local State member were present · Canowindra Business Chamber of Commerce · Waluwin Centre morning tea · Opening of hall at St Joseph’s School Molong · Met with ratepayers · Handing out of community certificates – Canowindra Skate park · Met with RTA and concerned citizens–Strathmore Lane Mitchell Highway · Opened Mulga Bill Bicycle Festival, Yeoval · Committee meetings · LEP workshops · Yeoval Progress meeting · WBC internal audit – Blayney · Met with ratepayer · Director’s meeting · Welcomed 2011 Emirates Melbourne cup ambassadors · Cudal leg of 20^th Emirates Melbourne cup tour · Tour of roads in Yeoval area · Debrief – Canowindra Balloon Championships · Council meeting Clr Dean · Future Direction Forum · Waluwin Morning Tea · Cabonne Caravan committee meeting · Committee meetings · LEP workshop · Council meetings Clr Gosper · Council meeting · Cabonne 2025 community workshop · R.F.S meeting with Roads Minister and Local members · Waluwin Morning Tea · Offical opening of school hall St Joseph’s School · Attended meeting with RTA at Strathmore Lane & Mitchell Highway · Molong Advancement Group’s meeting Clr Hyde · IP & R workshop · Waluwin Morning tea · Meeting in Eugowra to discuss signage at Escort Rock site · Committee meetings · LEP workshop · Meet with EPPA members at Apex Pioneer Park site of the VPS house under review. Discussion towards the survey for the town · Met with MPS advisory committee · Met with the Heritage advisory committee · Met with the MPS hospital planning committee · Met with EPPA members Clr Walker · Cargo 2025 · Canowindra Business Chamber · St Vincents De Paul · Waluwin Morning tea · Skate park clean up · Skate park opening · Canowindra pool · Canowindra cemetery · Cudal caravan park meeting · LEP workshop · Met with S & C Club - DA concerns · Committee meeting · Mens shed · AOF Board meeting · Canowindra challenge AGM · Canowindra Public School BER opening · Canowindra challenge met with AOF · Council meeting Clr Wilcox · IP & R Cabonne 2025 · CCTAC – Insufficient Quorum · Anti-amalgamation concerned residents · Cumnock Progress Association · Waluwin Morning Tea · Canowindra site inspection – DA · Committee meeting · LEP workshop · Molong RSL – Plaque and tree planting · AOW – Bathurst · Mines related Councils · Council meeting Clr Culverson · Ordinary council meeting · Waluwin Centre thankyou morning tea · Canowindra Environmental Services Committee inspection · Macquarie Pipeline Concerned Citizens Committee meeting · Local Government Reform Workshop – Cowra · Tree Planting Day Mullion Creek · Committee Meetings · Workshop LEP · Macquarie Pipeline Concerned Citizens Committee meeting
	MOTION (Dowling/-) THAT the information contained in the Mayoral Minute be noted.
11/08/02	Carried

ITEM - 5 Grouping of report adoption

Proceedings in Brief

Clr Duffy called Items 7, 9 and 10; Clr Hyde called Item 8; Clr Farr called Item 9.

	ITEM - 6 CONFIRMATION OF THE MINUTES
	Proceedings in Brief In response to a declaration of interest by Clr Culverson the Director of Finance & Corporate Services advised that the Item was simply to confirm the accuracy of the minutes and there was no need to declare an interest.
	MOTION (Hyde/Dean) THAT the minutes of the Ordinary Meeting held on 18 July 2011 be adopted.
11/08/03	Carried

	ITEM - 7 ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING
	MOTION (Duffy/Hyde) THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 1 August 2011 be adopted except Item 5 point 2 relating to underwriting the Woodbridge Cup up to the value of $2,000. AMENDMENT (Farr/Wilcox) THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 1 August 2011 be adopted. The amendment was put and carried becoming the motion. A division of Council was called as requested by Clr Duffy which resulted in a vote for the amendment (noting the absence of Clr Bleakley – apology) as follows: For: Clrs Dowling, Dean, MacSmith, Gosper, Wilcox, Durkin, Walker, Farr and Culverson. Against: Clrs Hyde and Duffy. The motion was put and carried.
	MOTION (Farr/Wilcox) THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 1 August 2011 be adopted.
11/08/04	Carried A division of Council was called as requested by Clr Duffy which resulted in a vote for the motion (noting the absence of Clr Bleakley – apology) as follows: For: Clrs Dowling, Dean, MacSmith, Gosper, Wilcox, Durkin, Walker, Farr and Culverson. Against: Clrs Hyde and Duffy.

	ITEM - 8 COMMUNITY SERVICES COMMITTEE MEETING
	MOTION (Hyde/Culverson) THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 1 August 2011 be adopted except Item 4 - Request For Donation point 1 relating to identify a source of funding for a $1,000 donation being replaced with “Council to source $13,610 from reserves to fund ODEEP (Orange and District Early Education Program Inc.)”. AMENDMENT (Farr/Wilcox) THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 1 August 2011 be adopted. The amendment was put and carried becoming the motion. A division of Council was called as requested by Clr Duffy which resulted in a vote for the amendment (noting the absence of Clr Bleakley – apology) as follows: For: Clrs Dowling, MacSmith, Gosper, Wilcox, Durkin, Walker and Farr. Against: Clrs Dean, Hyde, Culverson and Duffy. The motion was put and carried.
	MOTION (Farr/Wilcox) THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 1 August 2011 be adopted.
11/08/05	Carried A division of Council was called as requested by Clr Duffy which resulted in a vote for the motion (noting the absence of Clr Bleakley – apology) as follows: For: Clrs Dowling, MacSmith, Gosper, Wilcox, Durkin, Walker and Farr. Against: Clrs Dean, Hyde, Culverson and Duffy.

ITEM - 9 ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING

MOTION (Farr/Durkin)

THAT the report and recommendations of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 1 August 2011 be adopted and carried Motions be noted except Item 4 - Modification of DA 2010/189 Residential Flat Units (Duplex) Lot 2 Section 6 DP 758221, Sutton Street, Canowindra – with the recommendation to be changed to THAT:

1. The southern fence be reduced in length and height as per original approved plans.

2. The western fence is to provide a privacy fence as per Council’s approved landscape plans.

3. There be no requirement for landscaping on southern side.

4. Landscaping within the private open space be carried out to the satisfaction of the Director of Environmental Services.

11/08/06

Carried

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

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

Against: Clrs Wilcox and Culverson.

	ITEM - 10 WORKS COMMITTEE MEETING MINUTES
	MOTION (Duffy/-) THAT the report and recommendations of the Works Committee held on Monday 1^st August 2011 of Cabonne Council be adopted except Item 8 - Operations Report - with the recommendation changed to: “THAT Council receive an independent report on the status of Council roads.”. The Motion lapsed for want of a seconder.
	MOTION (Wilcox/MacSmith) THAT the report and recommendations of the Works Committee held on Monday 1^st August 2011 of Cabonne Council be adopted.
11/08/07	Carried Clr Duffy requested his vote against the motion be recorded.

ITEM - 11 BUSINESS PAPER ITEMS FOR NOTING

MOTION (Wilcox/Dean)

THAT the Items for Noting be noted.

11/08/08

Carried

ITEM - 12 COMMUNITY CONSULTATION MEETINGS

MOTION (Dean/Wilcox)

THAT Council note the confirmed timetable and communication strategy for the 2^nd round of Community Consultation Meetings commencing in September 2011.

11/08/09

Carried

ITEM - 13 Local Government Act Amendments

MOTION (Duffy/Hyde)

THAT Council:

1. Advertise its intention to request the Minister for Local Government to reduce the number of Councillors from 12 to 9 and to abolish wards for Cabonne Council.

2. Hold a workshop to develop a case for presenting the above to the community.

11/08/10

Carried

ITEM - 14 Notice of Motion

MOTION (Gosper/Durkin)

THAT due to Clr Duffy not resigning as requested at the July Council Meeting for not appearing to be representing the interests of Cabonne Ratepayers as a whole and having a clear conflict of interest Council censure Clr Kevin Duffy for apparently not fulfilling his role as an elected person to represent the interest of the residents and ratepayers.

11/08/11

Carried

A division of Council was called as requested by Clr Duffy which resulted in a vote for the motion (noting the absence of Clr Bleakley – apology) as follows:

For: Clrs Dowling, Dean, MacSmith, Gosper, Wilcox, Durkin, Walker and Farr.

Against: Clrs Hyde, Culverson and Duffy.

ITEM - 15 Government Information (Public Access) Act 2009 - proactive release program

MOTION (Durkin/Wilcox)

THAT Council adopt the Proactive Release Program as detailed in the report for a further 12 months.

11/08/12

Carried

ITEM - 16 PEDESTRIAN BRIDGE, MOLONG

MOTION (Durkin/Gosper)

THAT Council:

1. Accept the RTA offer to undertake the construction of the new pedestrian bridge and associated works for the sum of $250,000.

2. Agree with the quotation to the RTA for the new bridge from Fleetwood in the amount of $149,580 + GST.

11/08/13

Carried

ITEM - 17 YELLS ROAD TRANSFER

MOTION (Durkin/Wilcox)

THAT Council commence these processes to legalise the extent of this already formed and maintained road.

11/08/14

Carried

ITEM - 18 FRISBY LANE TRANSFER

MOTION (Wilcox/Gosper)

THAT Council transfer Frisby Lane to a Council Road as it is currently on Council’s Road Register and is maintained by Council and that Council leave the two unformed roads (dotted lines) vested in Crown and do not take ownership of these roads.

11/08/15

Carried

ITEM - 19 EUGOWRA ROAD TRANSFERS

MOTION (Hyde/Durkin)

THAT Council proceed with the transfer of these roads as requested.

11/08/16

Carried

ITEM - 20 POLICY REGARDING HIRE OF ITEMS FROM THE MOLONG AND CUDAL HALL

MOTION (Gosper/MacSmith)

THAT Council approve an amended policy: “Council continue to not hire out chairs and tables from the Molong and Cudal Community halls but permit hire of items from halls controlled by S355 Committees.”

11/08/17

Carried

It was noted the time being 10:27am a presentation was made to the Youth of the Month for July, Chloe Boyd following which Council adjourned for morning tea at 10:31am. It was noted the time being 10:55am Council resumed the meeting.

It was noted, the time being 10:55am Clr Hyde declared an interest in the following item (identified as a conflict of interest of a significant non-pecuniary nature) due to the Councillor’s son utilising the applicant to provide Architectural services and left the Chambers.

	ITEM - 21 DA 2008/69 - PROPOSED DWELLING, GORHAM ROAD, SPRINGSIDE
	Proceedings in Brief The Mayor reminded Councillors of letters that had been received by Mr Nock and Mr MacTier which had been forwarded to Council last week and provided to Councillors at the start of the meeting. Photos were also provided by the applicant at the meeting and these were tabled and provided to Councillors and Mr Nock. The Mayor then invited Mr Nock, on behalf of the objectors, to make a presentation to Council and invited questions from Councillors. Mr Nock presented photos which were circulated amongst the councillors. Following Mr Nock’s presentation the Mayor invited Mrs Blackwood to make a presentation on behalf of the applicant and invited questions from Councillors. The Director of Environmental Services, in response to a question from Clr Farr, gave a summary of the background of the Development Application. The Mayor then invited further questions to the Director, Mr Nock or Mrs Blackwood.
	MOTION (Wilcox/Farr) THAT: 1. Development Application 2008/69 for a dwelling and extensions to a machinery/hay shed upon Lot 101 DP 1139346, Gorham Road, Springside, be granted consent subject to the attached conditions. 2. Council support the SEPP 1 objection to the 100ha standard for the erection of dwelling on land having an area of 91ha in the 1(a) General Rural zone, to permit the erection of a dwelling upon Lot 101 DP 1139346, Gorham Road, Springside.
11/08/18	Carried The Chair called for a Division of Council as required under Section 375A (3) of the Local Government Act which resulted in a vote for the Motion (noting the absence of Clr Bleakley – apology, and Clr Hyde – declared interest) as follows: For: Clrs Dowling, Dean, MacSmith, Wilcox, Gosper, Durkin, Walker, Farr, Culverson and Duffy. Against: Nil

It was noted, the time being 11:14am Clr Hyde rejoined the meeting.

It was noted, the time being 11:14am Clr Culverson declared an interest in the following item (identified as perceived conflict of interest of a significant non-pecuniary nature) due to the Solicitor acting for the applicant being a client of her business and left the Chambers and the General Manager declared an interest in the following item (identified as a significant non-pecuniary interest) due to the applicant being a friend and associate and also left the Chambers.

	ITEM - 22 REQUEST FOR s82A REVIEW OF DEVELOPMENT DETERMINATION - DA 2011/77 - LOT 100 DP 1031436 - 1034 THE ESCORT WAY, BORENORE
	MOTION (Farr/Hyde) THAT Council proceed with undertaking a review as requested 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.
11/08/19	Carried The Chair called for a Division of Council as required under Section 375A (3) of the Local Government Act which resulted in a vote for the Motion (noting the absence of Clr Bleakley – apology, and Clr Culverson – declared interest) as follows: For: Clrs Dowling, Dean, MacSmith, Wilcox, Gosper, Durkin, Hyde, Walker, Farr and Duffy. Against: Nil
	MOTION (Duffy/-) THAT DA 2011/77 for a tourist facility, barn and ancillary dwelling upon land described as Lot 100 DP10314 [sic] be approved in a staged manner comprising: Stage 1 – 2 Cabins Stage 2 – Barn Stage 3 – Ancillary dwelling With the conditions of consent attached to the report provided at the April Council meeting. The motion lapsed for want of a seconder.
	MOTION (MacSmith/Gosper) THAT Council reaffirm the determination based upon the legal advice provided, and expand on its previously stated reasons for refusal of the applicant as follows: 1. The carrying out of the proposed development on the land to which the development application relates would not be consistent with the following objectives of Zone No 7(c) (Environmental Protection – Water Catchments): (c) to promote the proper management and utilisation of agricultural resources by: (i) protecting, enhancing and conserving: Agricultural land in a manner which sustains its efficient and effective agricultural production potential, (ii) preventing the unjustified development of prime crop and pasture land for purposes other than agriculture, 2. The erection of the proposed dwelling-house on the land to which the development application relates is prohibited by clause 18(2) of Cabonne Local Environmental Plan 1991 because: (a) The dwelling-house is not ancillary to the use of the land for another purpose, and (b) The council is not satisfied that (i) the land could not reasonably be used for the purpose of the tourist cabins without the erection of the dwelling-house, and (ii) the dwelling-house is to be located so as to minimise any adverse effect on the use of the land for that primary purpose.
11/08/20	Carried The Chair called for a Division of Council as required under Section 375A (3) of the Local Government Act which resulted in a vote for the Motion (noting the absence of Clr Bleakley – apology, and Clr Culverson – declared interest) as follows: For: Clrs Dowling, MacSmith, Wilcox, Gosper, Hyde, Walker and Farr. Against: Clrs Dean, Durkin and Duffy.

It was noted, the time being 11:30am Clr Culverson and the General Manager rejoined the meeting.

ITEM - 23 Modification of DA 2011/103

MOTION (Walker/Wilcox)

THAT Development Application 2011/103 for the construction of three (3) villa houses on Lot 5, Section 16, DP 758221, Preston Street, Canowindra include Condition 19 and amend Condition 20 to delete the requirement for a sealed driveway as per the attached conditions.

11/08/21

Carried

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

Against: Clr Durkin.

ITEM - 24 AQUISITION OF A PORTION OF LOT 4 DP 846004 BEING FOR ROAD REALIGNMENT ALONG EDINBORO LANE, CARGO

MOTION (Farr/Dean)

THAT Council:

1. Accept the purchase price of $2,281.50 +GST for the portion of Lot 4 DP846004 required for road realignment purposes.

2. Authorise the affixing of the common seal to the transfer document for purchase of the portion of Lot 4 DP 846004 required for road realignment purposes.

3. Pay all associated costs including fencing, surveying costs and legal costs.

4. Classify the land as operational.

11/08/22

Carried

	ITEM - 25 Questions For Next Meeting
	Proceedings in Brief In addition to questions addressed at the meeting or to be followed up by the Directors and the report requested below it was also noted Clr Gosper advised that a rescission motion was to be lodged in relation to Item 13.
	MOTION (Durkin/Hyde) THAT Council receive a report at the next Council meeting in relation to questions asked / matters raised where necessary. 1. Clr Wilcox requested a review of the policy relating to proponents and objectors to DAs addressing Council, in particular on repeated occasions. 2. Clr Gosper requested a workshop relating to the wards system. An Extra Ordinary meeting may need to be held.
11/08/23	Carried

CONFIDENTIAL ITEMS

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

MOTION (Hyde/Wilcox)

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

11/08/24

Carried

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

Recommendation (Wilcox/Hyde)

THAT the Committee endorse the accuracy of the Report of the Proceedings of Confidential Matters at the Closed Committee of the Whole Meeting held on 18 July 2011 and notes that the recommendations recorded in the Official Ordinary Minutes of that meeting are sufficient to state the general effect of the proceeding in Closed Committee.

Carried

ITEM - 3 OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS

MOTION (Wilcox/Hyde)

THAT the information be noted.

Carried

It was noted at this time 11:48am Clr Duffy declared an interest (indentified as a General Disclosure ) in Item 4 due to his son being employed by Cadia and left the Chambers; the Director of Finance & Corporate Services declared an interest (identified as a perceived conflict of interest of a non significant non-pecuniary nature) due to being a shareholder in Newcrest and also left the Chambers.

ITEM - 4 CADIA DEVELOPERS AGREEMENT

MOTION (Wilcox/Gosper)

THAT Council note the progress with the Cadia Developer Agreement.

Carried

It was noted the time being 11.53am Clr Duffy and the Director of Finance & Corporate Services rejoined the meeting.

ITEM - 5 GELATO FACTORY

MOTION (Duffy/Gosper)

THAT the information be noted.

Carried

ITEM - 6 ABANDONMENT OF RATES AND WATER/SEWER AMOUNTS 2010/11

MOTION (Duffy/Hyde)

THAT the information be noted.

Carried

Is was noted the time being 11:54am Clr Durkin declared an interest in the following item (identified as a perceived conflict of interest of a non significant non-pecuniary nature) due to a ratepayer named in the annexure being a serving police officer and friend and left the Chambers.

It was noted the time being 11:55am Clr Duffy declared an interest in the following item (identified as a potential conflict of interest) and left the Chambers.

ITEM - 7 DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS

MOTION (Wilcox/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.

Carried

It was noted the time being 11:57am Clrs Durkin and Duffy rejoined the meeting.

ITEM - 8 PURCHASE OF ROAD MIXING EQUIPMENT

MOTION (Duffy/Hyde)

THAT

1. Council purchase from WesTrac Pty Ltd one Caterpillar RM300 for a purchase price of $624,000.00 Excluding GST.

2. Council purchase from VCV Mack Sydney one Mack Metroliner fitted with a Grant Engineered Vane Spreader for the purchase price of $400,527.50 excluding GST.

Carried

ITEM - 9 QUARRY REVIEW COMMITTEE MEETING MINUTES

MOTION (Wilcox/Gosper)

THAT the report and recommendations of the Quarry Review Committee held on Monday 1^st August 2011 be adopted.

Carried

ITEM - 10 Review of Eugowra Floodplain Study

MOTION (Hyde/Durkin)

THAT Council support the advisory Eugowra Flood Review Committee members actions not to use the services of Lyall & Associates for future reviews of Eugowra Flood Plain.

Carried

ITEM - 11 DRAFT LEP ZONINGS AND PUBLIC EXHIBITION OF DRAFT LEP

MOTION (Farr/Wilcox)

THAT Council:

1. Adopt the notes from the LEP workshop held 1 August 2011, subject to any alterations agreed to at the August Council meeting.

2. Authorise Planning staff to proceed with the appropriate mapping and preparation for the exhibition/community consultation of the draft LEP.

10.

Carried

It was noted the time being 12:09pm the General Manager left the Chambers.

ITEM - 12 General Manager's Performance Review

MOTION (Hyde/Wilcox)

THAT the information be noted.

11.

Carried

It was noted, the time being 12:09pm 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 15 August, 2011 be adopted.

11/08/25

Carried

There being no further business, the meeting closed at 12:10pm.

CHAIRMAN.

Chairman of the Ordinary Meeting of Cabonne Council held on the 19 September, 2011 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.