Minutes of Ordinary Meeting - 19 September 2011

PRESENT Clr R Dowling (in the Chair), Clrs G Dean, N Bleakley, L MacSmith, I Gosper, S Wilcox, A Durkin, D Hyde, K Walker, J 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 and Administration Officer.

ITEMS FOR DETERMINATION

ITEM - 1 Acknowledgement of Country

Proceedings In Brief

It was noted the Mayor recited an Acknowledgement of Country in accord with Council’s Code of Meeting Practice policy.

ITEM - 2 APPLICATIONS FOR LEAVE OF ABSENCE

Proceedings In Brief

There were nil applications for leave of absence.

ITEM - 3 DECLARATIONS OF INTEREST

Proceedings in Brief

Clr MacSmith declared an interest in item 46 of the Ordinary (identified as a pecuniary interest) due to his sister being employed by a local Real Estate Agent referred to in the report and in Item 4 of the Closed having declared an interest at the Land Development Sub Committee meeting whose recommendations were to be adopted.

The Mayor (Clr Dowling) declared an interest in Item 46 of the Ordinary (identified as a general disclosure) due to his wife being employed by a local Real Estate Agent referred to in the report and in Item 4 of the Closed having declared an interest at the Land Development Sub Committee meeting whose recommendations were to be adopted.

Clr Gosper declared an interest in Item 6 of Closed (identified as a general disclosure) due to his daughter being an employee of a doctor who works at the Waluwin Centre;

The Director of Finance and Corporate Services declared an interest in item 5 of the Closed due to the applicant being a neighbour.

ITEM - 4 DECLARATIONS OF POLITICAL DONATIONS

Proceedings In Brief

There were nil declarations of political donations.

ITEM - 5 MAYORAL ELECTIONS PROCEDURE 2011

MOTION (Farr/Wilcox)

THAT Council:

1. Conduct voting for the positions of Mayor and Deputy Mayor by preferential ballot where three or more nominations are received, otherwise by ordinary ballot.

2. Make details of the voting for the positions of Mayor and Deputy Mayor public.

11/09/10

Carried

ITEM - 6 ELECTION OF MAYOR 2011/12 TERM

Proceeding In Brief

It was noted the General Manager (with the Director of Finance & Corporate Services as a witness) opened the ballot box and announced there was one nomination for the positions of Mayor, that being Clr Dowling. In response to a request by the General Manager, Clr Dowling confirmed his acceptance of the nomination and was declared Mayor of Cabonne Council for the ensuing term.

ITEM - 7 ELECTION OF DEPUTY MAYOR 2011/12 TERM

Proceeding In Brief

It was noted the General Manager advised there was one nomination for the positions of Deputy Mayor, that being Clr Gosper. In response to a request by the General Manager, Clr Gosper confirmed his acceptance of the nomination and was declared Deputy Mayor of Cabonne Council for the ensuing term.

ITEM - 8 DESTRUCTION OF BALLOT PAPERS

Proceeding In Brief

As no ballot was conducted this item was not required.

It was noted at this time the Mayor assumed the Chair and made his acceptance speech thanking councillors for his appointment.

ITEM - 9 DELEGATIONS TO THE MAYOR AND DEPUTY MAYOR, (IN THE MAYOR’S ABSENCE)

MOTION (Farr/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 s377 of the Local Government Act 1993, the Mayor (Robert Dougall Dowling) and in his absence the Deputy Mayor (Ian Joseph Gosper) be authorised to exercise or perform on behalf of the Council the powers, authorities, duties and functions as follows:

 to incur expenditure up to the sum of $1,000 for incidental expenses, within approved votes of Council.

 Authority to make application to the Environmental Protection Authority for the necessary landfill approval required in association with the disposal of asbestos waste, following consultation with local Councillors and Director of Environmental Services.

11/09/11

Carried

ITEM - 10 STANDING COMMITTEES

MOTION (Farr/Durkin)

THAT:

1. The standing Committees continue to be on a Panel system as follows:

Panel A

· Works Committee

· Community Services Committee

· Audit Committee

· Rate Review Committee

Panel B

· Environmental Services and Sustainability Committee

· Economic Development and Tourism Committee

· Wards Review Committee

2. Panel membership remain as is:

Panel A

The Mayor (Clr R Dowling), Clrs N Bleakley, G Dean, D Hyde, I Gosper and K Walker.

Panel B

Clrs J Culverson, K Duffy, A Durkin, J Farr, L MacSmith, and S Wilcox.

3. Council’s Quarry Review and Land Development Committees meet on a bi-monthly basis.

4. Council’s Standing Committees’ core Members for the 2011/2012 year be as follows:

The QUARRY REVIEW COMMITTEE consist of Clrs N Bleakley, J Culverson, R Dowling, K Duffy, A Durkin, J Farr, I Gosper, L MacSmith, S Wilcox and the Director of Engineering & Technical Services.

The LAND DEVELOPMENT SUB-COMMITTEE consist of Clrs N Bleakley, K Duffy, J Farr, D Hyde and the Director of Finance & Corporate Services, Director of Engineering &Technical Services, Director of Environmental Services, Design Manager and Economic Development Manager.

11/09/12

Carried

ITEM - 11 OTHER COUNCIL COMMITTEES THAT MEET AS AND WHEN REQUIRED

MOTION (Farr/Duffy)

THAT the Committee Members for Other Council Committees that meet as and when required for the year 2011/2012 comprise of the following:

1) FLOODPLAIN MANAGEMENT COMMITTEE

The Mayor (Clr R Dowling) and Clrs D Hyde and N Bleakley.

2) DISTRICT FLOODPLAIN MANAGEMENT SUB-COMMITTEE

i. Canowindra Clrs K Walker and A Durkin

ii. Molong Clrs N Bleakley and I Gosper

iii. Eugowra Clrs D Hyde and G Dean

iv. Cudal Clrs D Hyde and G Dean

With Council’s Director of Environmental Services and Design Manager also members of all District Flood Management Sub-Committees in accordance with the Floodplain Policy Manual.

3) LOCAL GOVERNMENT WEEK COMMITTEE

The Mayor (Clr R Dowling) and Clrs J Culverson, K Duffy, I Gosper, D Hyde and S Wilcox.

4) FOUR TOWN SEWERAGE COMMITTEE

The Mayor (Clr R Dowling) and Clrs J Farr, I Gosper, and the Director of Engineering & Technical Services.

5) HERITAGE COMMITTEE

Clr D Hyde and the Director of Environmental Services.

11/09/13

Carried

ITEM - 12 DELEGATES TO OTHER ORGANISATIONS - FOR THE TERM OF COUNCIL

MOTION (Farr/Dean)

THAT:

1. Council note the delegates to Central Tablelands Water and Central West Libraries for the term of Council.

2. Council’s representative to the Cabonne/Orange/Blayney Enterprise Centre change to Clr Dowling with the General Manager being an alternate delegate for the year 2011/2012.

11/09/14

Carried

ITEM - 13 DELEGATES TO OTHER ORGANISATIONS - FOR THE YEAR 2011/12

MOTION (Farr/Duffy)

THAT Council’s Delegates and Representatives to other organisations for the 2011/2012 year be as follows:

1) ARTS OUT WEST - Clr S Wilcox.

2) ASSOCIATION OF MINE RELATED COUNCILS INC - Clr S Wilcox with Clr N Bleakley as alternate delegate and the Director of Environmental Services.

3) AUSTRALIA WIDE RURAL ROAD GROUP (AWRRG) - Council’s Chair of the Works Committee and Clr Culverson.

4) BELUBULA RIVER JOINT COMMITTEE - Clr K Walker with Clr A Durkin as an alternate delegate.

5) CABONNE CARAVAN PARK COMMITTEE - Clrs N Bleakley, G Dean and K Walker; and the Director of Engineering and Technical Services, Finance Manager, Urban Assets Coordinator and Services Overseer.

6) CABONNE CONSULTATIVE COMMITTEE - Clrs G Dean and N Bleakley.

7) CABONNE/ORANGE ROAD SAFETY COMMITTEE - Clr G Dean.

8) CABONNE COUNTRY TOURISM ADVISORY COMMITTEE - Clr Wilcox.

9) CADIA - MREMP COMMITTEE - The Director of Environmental Services.

10) CADIA – COMMUNITY CONSULTATIVE COMMITTEE – The Director of Environmental Services with Clr L MacSmith as alternate delegate.

11) CANOBOLAS BUSH FIRE MANAGEMENT COMMITTEE - Clr L MacSmith with Clr I Gosper as alternate delegate and Council’s Director of Engineering and Technical Services.

12) CANOBOLAS ZONE LIAISON COMMITTEE - Clr I Gosper and the Director of Engineering and Technical Services with Clr L MacSmith as alternate delegate.

13) CANOWINDRA AGE OF FISHES MUSEUM BOARD and STRATEGIC ADVISORY COMMITTEE OF THE CANOWINDRA AGE OF FISHES MUSEUM - Clr A Durkin with Clr K Walker as the alternate delegate.

14) CANOWINDRA FOOD BASKET ADVISORY GROUP - Clr Walker.

15) CARGO ROAD USERS ASSOCIATION - Mayor (Clr R Dowling) with Clr L MacSmith as an alternate delegate.

16) CENTRAL WEST CATCHMENT MANAGEMENT AUTHORITY (CWCMA) - Clr MacSmith with Clr Wilcox as the alternate delegate.

17) CENTRAL WEST COMMUNITY COLLEGE - Clr S Wilcox.

18) CENTRAL WEST MINING LIAISON COMMITTEE - (CABONNE/ORANGE/BLAYNEY) - Mayor (Clr R Dowling) with Clr J Farr as the alternate delegate.

19) CENTROC HEALTH WATCH COMMITTEE - Clr J Farr and the Community Services Manager with the Mayor (Clr R Dowling) as the alternate delegate.

20) GREATER WESTERN AREA HEALTH SERVICE (GWAHS) – CABONNE HEALTH COUNCIL - Clr D Hyde with Clr N Bleakley as the alternate delegate.

21) HACC JOINT COMMITTEE - Clr D Hyde with Council’s Community Services Manager as the alternate delegate.

22) LACHLAN REGIONAL TRANSPORT COMMITTEE - Clr D Hyde and Director of Engineering and Technical Services (as and when required) with Clr K Walker as the alternate delegate.

23) LITTLE RIVER LANDCARE CATCHMENT MANAGEMENT - Mayor (Clr R Dowling).

24) LOCAL EMERGENCY MANAGEMENT COMMITTEE - Mayor (Clr R Dowling), with the Director of Engineering and Technical Services

25) MOLONG MEDICAL COMMITTEE - Clr N Bleakley.

26) NOXIOUS WEEDS ADVISORY COMMITTEES

Lachlan Valley Noxious Weeds Advisory Committee - Clr D Hyde with the Mayor (Clr R Dowling) being the alternate delegate.

Upper Macquarie Noxious Weeds Advisory Committee - Mayor (Clr R Dowling) with Clr L MacSmith being the alternate delegate.

27) OPHIR RESERVE TRUST BOARD - Clr K Duffy with Clr J Culverson as the alternate delegate.

28) ORANGE/MUDGEE ROAD LINK COMMITTEE - Clr S Wilcox.

29) SALINITY ACTION ALLIANCE - Clr L MacSmith and the Director of Environmental Services with the Mayor (Clr R Dowling) as the alternate delegate.

30) SYDNEY ROADLINKS COMMITTEE – The Mayor (Clr R Dowling) with Clrs N Bleakley and J Farr as the alternate delegates.

31) TRAFFIC COMMITTEE - Clr N Bleakley with Clr G Dean as the alternate delegate.

32) WALUWIN CENTRE GOVERNANCE COMMITTEE - Clr N Bleakley with Clr L MacSmith as the alternate delegate.

33) WELLINGTON/DUBBO LANDCARE MANAGEMENT - The Mayor (Clr R Dowling) with Clr L MacSmith as the alternate delegate.

34) WESTERN REGION JOINT REGIONAL PLANNING PANEL (CABONNE LOCAL GOVERNMENT AREA) - The Chair of the Environmental Services and Sustainability Committee and the General Manager with Clr S Wilcox as the alternate delegate.

11/09/15

Carried

ITEM - 14 DELEGATES TO OTHER ORGANISATIONS - COMMUNITY PEAK ORGANISATIONS

Proceedings in Brief

THAT

Mullion Creek Community Peak Organisations representative change from Clr Wilcox to Clr Culverson.
Cudal Community Peak Organisations has changed from the 1^st Wednesday of each month to the 1^st Tuesday of each month.

MOTION (Farr/Duffy)

THAT Council’s delegates to Community Peak Organisations (as listed below), subject to the support from these Organisations for the 2011/2012 year be as follows:

Town	Organisation	Meetings	Representative
Manildra	Manildra and District Improvement Association (MADIA)	1^st Wednesday of each month	Clr Farr
Cumnock	Cumnock and District Progress Association	3^rd Thursday of each month	Clr Wilcox with Clr Dowling as alternate
Yeoval	Yeoval and District Progress Association	1^st Tuesday of each month	Clr Dowling with Clr Farr as alternate
Molong	Molong Advancement Group	1^st Wednesday of each month	Clr Gosper with Clr Bleakley as alternate
Mullion Creek	Mullion Creek & District Progress Association	4^th Tuesday of each month	Clr Culverson
Cargo	Cargo Progress Association	1^st Thursday of every second month	Clr MacSmith
Canowindra	Canowindra Chamber of Commerce	Monthly	Clr Durkin
Eugowra	Eugowra Promotion and Progress Association	2^nd Tuesday of each month	Clr Hyde
Cudal	Cudal Progress Association	1^st Tuesday of each month	Clr Dean

11/09/16

Carried

ITEM - 15 ALTERNATE DELEGATES TO COMMITTEES OTHER THAN COUNCIL COMMITTEES

MOTION (Farr/Hyde)

THAT the information be noted.

11/09/17

Carried

	ITEM - 16 FIXING THE DATE AND TIME OF REGULAR MEETINGS OF COUNCIL AND VARIOUS COMMITTEE MEETINGS
	Proceedings in Brief The Director of Finance & Corporate Services indicated that if the amendment was carried that Committees would be required to cease at 7:00pm.
	MOTION (Dean/Duffy) THAT the starting time of regular Meetings of Council and various Committee Meetings continue as 9:30am with Committee meetings held on the 1^st Monday of the month and Council meetings held on the 3^rd Monday of the month. AMENDMENT (Dowling/Wilcox) THAT: 1. The starting time of regular Meetings of Council continue as 9:30am with Council meetings held on the 3^rd Monday of the month. 2. On a six month trail basis Council Committee meetings be held from 5:00pm to 7:00pm and continue to be held on the 1^st Monday of the month. The amendment was put and carried becoming the motion.
	MOTION (Dowling/Wilcox) THAT: 1. The starting time of regular Meetings of Council continue as 9:30am with Council meetings held on the 3^rd Monday of the month. 2. On a six month trail basis Council Committee meetings be held from 5:00pm to 7:00pm and continue to be held on the 1^st Monday of the month.
11/09/18	Carried

ITEM - 17 THE PAYMENT OF EXPENSES AND THE PROVISION OF FACILITIES FOR MAYORS AND COUNCILLORS 2012 Policy

MOTION (Farr/MacSmith)

THAT Council:

1. Council endorse the draft Payment of Expenses & Provision of Facilities for Mayor and Councillors 2012 Policy including limits for expenses listed.

2. In accordance with the provisions of the Local Government Act 1993, advertise the intended adoption of Council’s Payment of Expenses & Provision of Facilities for Mayor and Councillors 2012 Policy.

3. Receive a further report to the November Council meeting for consideration of submissions and adoption of the Payment of Expenses & Provision of Facilities for Mayor and Councillors 2012 Policy.

11/09/19

Carried

	ITEM - 18 MAYORAL MINUTE - APPOINTMENTS
	Proceedings in Brief The Mayor read a letter from the A.R Bluett Memorial Trust, advising that the General Manager had been appointed as a trustee and congratulated the General Manager on the prestigious appointment. Mayor Dowling · Cabonne Community Plan Shaping Workshop · Destination 2036 Workshop · Directors meeting · Meeting with Davimac Pty Ltd · Meeting with Dr R Williams · Welcomed Continuous call team and Ray Hadley · Manildra show · Committee meetings · Extraordinary meeting · Molong Floodplain presentation · Mermaid calendar launch · Along with CENTROC Mayors attended meeting with Minister Jillian Skinner – 24hr helicopter service · Civic Reception – Masterchef winner · Molong show · Inspected water leak – Manildra resident’s house · Council meeting Clr Dean · August Cabonne Consultative Committee · September Committee Meetings · Workshop on wards · Cudal show · Cargo Community Focus meeting · Council meeting Clr Wilcox · Council meeting · Progress Association & the acting Design Manager (VEP – Positioning of tables & signage) · CENTROC – Lithgow · Committee meetings · Workshop on wards · CMA – Dubbo · Cidar Awards Dinner – Borenore · Council meeting Clr Gosper · Council meeting · Police awards ceremony · CENTROC - Lithgow · Orange, Molong road rural fire service with Federal member re: condition of Mitchell highway between Molong and Orange · Australian Electoral Commission re Council Elections. · Police Community Precinct meeting · Canobolas Zone Rural fire service Liaison meeting · Community meeting re Molong Gasometer and remediation of the area · Official welcome Ray Hadley Continuous Call Team · Woodbridge Cup Football grand final at Cargo · Committee meeting · Workshop on wards · WBC AGM · Molong Advancement Group’s monthly meeting · Cargo Community Focus meeting Clr Hyde · Meeting with BTS consultants re Black spot TV tower site. · Meeting with Eugowra football club · Workshop re shaping 2025 · Self care units committee · RTC board · ODEEP · Lachlan Regional transport committee · Meeting with acting Design Manager re Apex park Eugowra with EPPA – VE program · Committee meetings · Flood advisory committee · Australia Day Eugowra committee · EPPA re nominated members for the consultative flood committee · Inspect the break at the Eugowra Waste Depot – Oil spillage · Community Focus meeting · Eugowra show Clr Culverson · Council meeting · Inspection of stormwater pumps followed by meeting with Macquarie Pipe Line stakeholders and Orange City Council Representatives. · Attend meeting of Macquarie Pipe Line Concerned Citizens Committee · Committee meetings · Extra ordinary meeting · Molong Flood Plain Risk Management Draft · Macquarie Pipe Line Concerned Citizens meeting · WBC meeting · Meet with DETS and land owner · Attend meeting between Oakey Lane land owners and Orange City Council · Community meeting - Macquarie Pipeline · Daroo meeting · Cargo Community Consultation meeting
	MOTION (Dowling/-) THAT the information contained in the Mayoral Minute be noted.
11/09/20	Carried

	ITEM - 19 Grouping of report adoption
	Proceedings in Brief It was noted various Councillors had questions in relation to the grouped reports which were answered at the meeting. The Director of Finance & Corporate Services indicated that Item 31 had inadvertently been included in the agenda.
	MOTION (Duffy/Hyde) THAT: 1. Item 31 not be considered at this meeting. 2. That items 20 to 27; 29 to 30 and 32 to 35 be moved and seconded.
11/09/21	Carried

ITEM - 20 CONFIRMATION OF THE MINUTES

MOTION (Duffy/Hyde)

THAT the minutes of the Ordinary Meeting held on 15 August 2011 and the Extraordinary Meeting held on 5 September 2011 be adopted.

11/09/22

Carried

ITEM - 21 COMMUNITY SERVICES COMMITTEE MEETING

MOTION (Duffy/Hyde)

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 5 September 2011 be adopted.

11/09/23

Carried

ITEM - 22 WORKS COMMITTEE MEETING MINUTES

MOTION (Duffy/Hyde)

THAT the report and recommendations of the Works Committee held on Monday 5 September 2011 of Cabonne Council be adopted.

11/09/24

Carried

ITEM - 23 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 5 September 2011 be adopted.

11/09/25

Carried

ITEM - 24 ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING

MOTION (Duffy/Hyde)

THAT the report and recommendations of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 5 September 2011 be adopted and carried Motions be noted.

11/09/26

Carried

ITEM - 25 BUSINESS PAPER ITEMS FOR NOTING

MOTION (Duffy/Hyde)

THAT:

1. Councillors call any items they wish to further consider.

2. The balance of the items be noted.

11/09/27

Carried

ITEM - 26 COUNCIL PICNIC DAY

MOTION (Duffy/Hyde)

THAT:

1. Council approve the annual Picnic Day to be held on Friday 28 October 2011.

2. Council authorise the attendance of all Councillors at the Picnic Day.

3. Councillors note the cost of $30.00 for attending the Picnic Day to be paid to the Picnic Committee from the Councillor Expense Account.

11/09/28

Carried

ITEM - 27 WBC STRATEGIC ALLIANCE - 2010/2011 ANNUAL REPORT

MOTION (Duffy/Hyde)

THAT Council:

1. Receive the WBC Annual Report 2010/2011.

2. Continue to allocate 10% of actual cash savings on projects to the WBC Provision Account for future Alliance projects.

11/09/29

Carried

It was noted Item 28 was addressed after Item 35.

ITEM - 29 CENTROC - UPDATE REPORT

MOTION (Duffy/Hyde)

THAT Council:

1. Note the outcomes from the CENTROC Board Meeting.

2. Endorse the collaboration between CENTROC Council media staff in relation to advocacy and media support of the 24hr helicopter retrieval service.

11/09/30

Carried

ITEM - 30 Annual Financial Statements

MOTION (Duffy/Hyde)

THAT Council receive the tabled report on the Annual Financial Statements at its September meeting.

11/09/31

Carried

ITEM - 31 Rates Incentive Scheme Draw

Proceedings in Brief

It was resolved at Item 19 that this item would not be considered at this meeting.

ITEM - 32 FRISBY LANE TRANSFER

MOTION (Duffy/Hyde)

THAT:

1. 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.

2. Council authorise the affixing of the common seal to the road transfer document.

11/09/32

Carried

ITEM - 33 YELLS ROAD TRANSFER

MOTION (Duffy/Hyde)

THAT Council:

1. Approves the cost of legal expenses and fees associated with the road opening;

2. Approves the cost of acquiring the land under the Land Acquisition (Just Terms Compensations) Act 1991;

3. Authorise the affixing of the common seal to the road transfer document.

11/09/33

Carried

ITEM - 34 EUGOWRA ROAD TRANSFERS

MOTION (Duffy/Hyde)

THAT:

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

2. Council authorise the affixing of the common seal to the road transfer document.

11/09/34

Carried

ITEM - 35 USE OF COUNCIL SEAL - SUBDIVISION OF COUNCIL OWNED LAND - LOT 1 DP 1076034, CNR HILL AND WILLIAM STREETS, MOLONG

MOTION (Duffy/Hyde)

THAT Council authorise the affixing of Council’s Common Seal to the s88B documents creating an easement over proposed Lot 101 in the subdivision of Council owned land described as Lot 1 in DP 1076034, cnr William and Hill Streets, Molong.

11/09/35

Carried

ITEM - 28 DESTINATION 2036 WORKSHOP

MOTION (Duffy/Hyde)

THAT Council:

1. Receive further reports from the Destination 2036 conference as they come to hand.

2. Make a formal submission to the discussion paper when it is issued.

3. Conduct a workshop regarding the discussion paper after it has been received.

11/09/36

Carried

It was noted the time being 10:20am a presentation was made to the Volunteer of the Month Ethan Davies – (it was noted that Adam Garland was the co-recipient of this award but was not present); followed by presentations to the Youth of the Month for August, Jamahl Wright and the Youth of the Month for September, Chloe Roberts, following which Council adjourned for morning tea at 10:37am. It was noted the time being 10:58am Council resumed the meeting.

ITEM - 36 LOCAL GOVERNMENT ELECTIONS 2012

MOTION (Duffy/Bleakley)

THAT Council receive a updated report on the conduct of the 2012 Local Government Elections at its October Ordinary meeting.

11/09/37

Carried

ITEM - 37 MACQUARIE RIVER PIPELINE

MOTION (Wilcox/Hyde)

THAT Council continue to receive updates on the matter.

11/09/38

Carried

ITEM - 38 INTERNAL AUDIT COMMITTEE

MOTION (Farr/Bleakley)

THAT Council appoint Mr Stephen Kent as an independent representative on its Audit Committee.

11/09/39

Carried

ITEM - 39 ROADS TO RECOVERY PROGRAM

MOTION (Bleakley/Hyde)

THAT:

1. Cabonne Council calls on the Federal Government to recognise the successful delivery of the roads to recovery program by local government since 2000;

2. Cabonne Council calls on the Federal Government to continue the road to recovery program on a permanent basis to assist local government meet its responsibilities of providing access for its communities;

3. Cabonne Council calls on the Federal Government to continue the road to recovery program with the current administrative arrangement;

4. Cabonne Council calls on the Federal Government to provide an increased level of funding under a future road to recovery program that recognises the shortfall of funding on local roads of $1.2B annually.

5. The Director of Engineering & Technical Services and Clr Gosper be authorised to attend the Annual Local Roads and transport congress as delegates on behalf of Cabonne Council.

11/09/40

Carried

ITEM - 40 VOLUNTARY PURCHASE - GREVILLEA AVENUE

MOTION (Hyde/Dean)

THAT Council proceed with the demolition of the building on No 5 Grevillea Avenue noting that the demolition will require a Development Application.

11/09/41

Carried

ITEM - 41 ROAD SAFETY - LOG BOOK RUN

MOTION (Hyde/Dean)

THAT Council:

1. Approve the $5,000 contribution to the Road Safety Log Book run from the roads votes.

2. Arrange appropriate media acknowledgment and acquittal process.

3. Co-ordinate with Roads Safety Officer.

11/09/42

Carried

ITEM - 42 EUGOWRA VOLUNTARY PURCHASE SCHEME

MOTION (Hyde/Dean)

THAT Council:

Formally establish the Eugowra Floodplain Consultative Committee with the committee to consist of representatives being, Councillor (as the chair), the Director of Engineering and Technical Services and the State Emergency Services Unit Controller and of the community as listed:

Eugowra Promotion & Progress Assoc. Inc., R. Roach, R. Agustin.

Eugowra Flood Plain Advisory Committee, B. Noble, A. Noble.

Commercial community, [Flood Hazard, Flood Plain areas] Michelle Cheney [Lady Bushranger], Dianne Smith [owner Eugowra Supermarket].

2. Develop a policy for the voluntary purchase of residential property in Eugowra, based on the guidelines in the report for adoption by council.

3. The VP application for 1. Barrack Street be referred to the Eugowra Floodplain Consultative Committee for comment.

11/09/43

Carried

It was noted at this time Item 44 was addressed next.

ITEM - 44 EUGOWRA FLOODPLAIN RISK MANAGEMENT STUDY - MARCH 2010

MOTION (Hyde/Gosper)

THAT Council:

1. Prepare for the adoption of the actions 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. Prepare for the adoption of the Review of Eugowra Floodplain Risk Management Study, March 2010.

11/09/44

Carried

It was noted at this time Item 43 was addressed next.

	ITEM - 43 ROAD NAMING - GEORGE ROAD
	MOTION (Wilcox/Farr) THAT Council proceed with the requirements to name the road "George Road", as per Section 162 of the Roads Act, 1993. AMENDMENT (Duffy/Dean) THAT Council proceed with the requirements to name the road "Warren Road", as per Section 162 of the Roads Act, 1993. Clr Gosper foreshadowed the following amendment: THAT a further report be submitted to Council and notice be given to the ratepayers as to the current status. The amendment was put and lost. FORESHADOWED AMENDMENT (Gosper/Culverson) THAT a further report be submitted to Council and notice be given to the ratepayers as to the current status. The foreshadow amendment was put and carried, becoming the motion. The Motion was put and carried.
	MOTION (Gosper/Culverson) THAT a further report be submitted to Council and notice be given to the ratepayers as to the current status.
11/09/45	Carried

It was noted at this time Item 45 was addressed next.

ITEM - 45 MANILDRA TOILETS - KIEWA STREET

MOTION (Farr/Hyde)

THAT Council agree to fund the $14,400 CIP grant application from MADIA from the previously funded CIP application.

11/09/46

Carried

It was noted, the time being 11:37am Clr Dowling declared an interest in the following item (identified as a general disclosure) due to his wife being employed by a local Real Estate Agent referred to in the report and left the Chambers. Clr Gosper assumed the Chair.

Clr MacSmith declared an interest in the following item (identified as a pecuniary interest) due to his sister being employed by a local Real Estate Agent referred to in the report and left the Chambers.

ITEM - 46 MODIFICATION APPLICATION DA 2006/251 - 73 LOT SUBDIVISION, EUCHAREENA ROAD, MOLONG

MOTION (Farr/Hyde)

THAT:

1. The information be noted, and

2. Council amend condition 19 of the development consent DA 2006/ 251 to read:

“A centralised water reticulation system for the estate is to be provided for external use throughout the site. In conjunction with this, a prohibition on the sinking of individual bores is to be created via a legally appropriate and effective means.

A section 88b instrument is to be created on each new allotment requiring each dwelling to install a 90,000 litre rainwater tank for an internal domestic water supply.

The applicant is required to bear full cost of an extension of the raw water main to the development which is to be constructed strictly in accordance with the Water Supply Authority (Cabonne Council) specification. A Compliance Certificate for the works is to be submitted for the Supply Authority. All relevant works are to be completed before the issue of the subdivision certificate.

The applicant is required to connect each lot to the raw water supply before issue of a Subdivision Certificate by applying directly to the relevant water supply authority and bearing the full cost of the connection fee. A Compliance Certificate is to be provided to Council’s Environmental Services Department from the relevant Water Supply Authority.

Council reserves the right at anytime to restrict the supply of water to the development, as the supply of water to the village takes first precedent, and the owners shall abide by water restrictions at all times.

The raw water supply is to be used for domestic purposes only, irrigation use is not permitted.

A section 88b instrument is to be placed on the linen plan for each allotment indicating to the prospective purchaser as such.”

3. Amend the notice of consent for DA 2006/251 to include an additional condition of consent requiring payment of a headworks contribution of $3,343.29 per allotment created by the subdivision.

11/09/47

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 Clrs Dowling and MacSmith – declared interest).

It was noted, the time being 11:43am Clrs Dowling and MacSmith rejoined the meeting. Clr Dowling resumed the Chair.

ITEM - 47 REQUEST TO MODIFY PROPOSED LOCATION OF BUILDING - DA 2011/94, RURAL FIRE STATION, LAKE CANOBOLAS ROAD, NASHDALE

MOTION (Duffy/Wilcox)

THAT modification of Development Application 2011/94 for a rural fire station upon Lot 16 DP 859359, Lake Canobolas Road, Nashdale be approved subject to the provision of extensive landscaping along the boundaries of the development and within the site with such landscaping measures to be to the satisfaction of Cabonne Council and Orange City Council.

11/09/48

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.

ITEM - 48 EMERGENCY DEMOLITION ORDER – 4 Charlotte Street, Canowindra

MOTION (Durkin/Walker)

THAT:

1. Council investigate the potential budget implications associated with undertaking the demolition works itself; and

2. Investigate possible ways in which Council may recover associated costs incurred in executing the Order.

11/09/49

Carried

ITEM - 49 Questions For Next Meeting

Proceedings in Brief

There were Nil questions asked nor reports requested.

ITEM - 50 Annual Financial Statements

MOTION (Farr/Wilcox)

THAT:

1. The draft Financial Reports for the year ending 30 June 2011, be received and noted for information;

2. The draft Financial reports for the year ended 30 June 2011, be referred to Council’s auditor, Morse Group, to complete the audit report in accordance with Section 413 of the NSW Local Government Act 1993;

3. The Mayor and Deputy Mayor sign the Statement by Councillors and Management in the approved format, for both the General Purpose and Special Purpose Financial Statements.

11/09/50

Carried

It was noted that Clr Bleakley requested his vote against the motion be recorded.

MATTERS OF URGENCY

There were nil matters of urgency.

CONFIDENTIAL ITEMS

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

MOTION (Hyde/Durkin)

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.

11/09/51

Carried

ITEM - 2 OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS

Recommendation (Hyde/Gosper)

THAT the information be noted.

Carried

ITEM - 3 GELATO FACTORY

Recommendation (Duffy/Farr)

THAT the Mayor, Deputy Mayor, General Manager and Director of Engineering & Technical Services be authorised to resolve the matters regarding the Gelato Factory.

Carried

It was noted, the time being 12:08pm Clr Dowling having declared an interest at the Land Development Sub Committee meeting whose recommendations were to be adopted in the following Item left the Chambers. Clr Gosper assumed the Chair.

It was noted, the time being 12:08pm Clr MacSmith having declared an interest at the Land Development Sub Committee meeting whose recommendations were to be adopted in the following Item left the Chambers.

It was noted that whilst Clr Farr had declared a perceived conflict of interest at the Land Development Sub Committee meeting he considered there was no requirement for him to leave the Chambers.

ITEM - 4 LAND DEVELOPMENT SUB COMMITTEE MEETING

Recommendation (Farr/Walker)

THAT the report and recommendations of the Land Development Sub Committee Meeting of Cabonne Council held on 5 September 2011 be adopted noting changes to the recommendations at LD74/11 and LD8/11 where the reference to “the next Land Development Sub-Committee meeting…” should read “the October Land Development Sub-Committee meeting…”.

Carried

It was noted, the time being 12:13pm Clrs Dowling and MacSmith rejoined the meeting. Clr Dowling resumed the Chair.

It was noted the time being 12:14pm the Director of Finance & Corporate Services declared an interest (identified as a non-significant non pecuniary) in the following item due to the applicant being a neighbour and left the Chambers.

ITEM - 5 REQUEST FOR CONSIDERATION OF WATER CONSUMPTION COSTS - ACCOUNT 4366.30000.4

Recommendation (Wilcox/Gosper)

THAT on payment of fifty percent of consumption costs, being $220.13, plus water and sewer access charges for assessment 4366.30000.4 the remaining fifty percent consumption be written off, including accrued interest and allow the owner three months to finalise the payment.

Carried

It was noted the time being 12:16pm the Director of Finance & Corporate Services rejoined the meeting. At this time Clr Gosper declared an interest (identified as a general disclosure) in the following item due to his daughter being employed by a Doctor at the Waluwin Centre and left the Chambers.

ITEM - 6 WALUWIN COMMUNITY CENTRE

Recommendation (Bleakley/MacSmith)

THAT Council agree to permit General Practitioners and Practice Nurses to occupy the section of the building indicated in the report on a contra arrangement as outlined subject to them meeting all outgoings on a proportional basis including a proportion of the shared area, subject to an agreement that charges would be at the bulk billing rate and that responsibility for maintenance and replacement of equipment provided by Council would be at the cost of the General Practitioners whilst such items remain the property of Council.

Carried

It was noted the time being 12:38pm Clr Gosper rejoined the meeting.

ITEM - 7 DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS

Recommendation (Bleakley/Wilcox)

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

ITEM - 8 NETWASTE REGIONAL HOUSEHOLD CHEMICAL CLEANOUT

Recommendation (Wilcox/Durkin)

THAT in relation to the report NetWaste Quotation 145/534/986/5 – NetWaste Regional Household Chemical Cleanout:

1. The Contract be awarded to Chemsal Pty Ltd

2. That Council confirm its involvement in the Contract and execute the Contract documents under Seal.

Carried

It was noted the time being 12:40pm the Chair resumed the Ordinary meeting.

At this time having declared an interest during the Closed Committee Clrs Dowling, Gosper and MacSmith and the Director of Finance & Corporate Services left the Chambers.

In the absence of the Mayor and Deputy Mayor, Clr Farr was elected to chair the meeting.

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE

MOTION (Duffy/Wilcox)

THAT the Report and Recommendations of the Closed Committee of the Whole Meeting held on Monday 19 September, 2011 be adopted.

11/09/52

Carried

It was noted the time being 12:42pm Clrs Dowling, Gosper and MacSmith and the Director of Finance & Corporate Services rejoined the meeting. Clr Dowling resumed the Chair.

There being no further business, the meeting closed at 12:43pm.

CHAIRMAN.

Chairman of the Ordinary Meeting of Cabonne Council held on the 17 October, 2011 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.