MINUTES OF THE Ordinary Council Meeting HELD AT THE COUNCIL CHAMBERS MOLONG ON Monday 17 October, 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 - 5     Grouping of report adoption.. 4

ITEM - 6     CONFIRMATION OF THE MINUTES.. 4

ITEM - 8     ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING   4

ITEM - 12  2011/2012 MANAGEMENT PLAN - FIRST QUARTERLEY REVIEW TO 30 SEPTEMBER 2011. 5

ITEM - 14  Rates Incentive Scheme Draw... 5

ITEM - 7     BUSINESS PAPER ITEMS FOR NOTING.. 5

NOTING ITEM 12 - MANILDRA FLOUR MILL.. 6

ITEM - 9     COMMUNITY SERVICES COMMITTEE MEETING.. 6

ITEM - 10  ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING   6

ITEM - 11  WORKS COMMITTEE MEETING MINUTES.. 6

ITEM - 13  DESTINATION 2036 WORKSHOP.. 7

ITEM - 16  BUSINESS DEVELOPMENT ASSISTANCE PROGRAM.. 7

ITEM - 17  CONSTITUTIONAL RECOGNITION OF LOCAL GOVERNMENT.. 7

ITEM - 18  INTERNAL AUDIT - LIMESTONE QUARRY.. 7

ITEM - 19  RESCISSION MOTION.. 8

ITEM - 20  Australia Day 2012. 9

ITEM - 15  NAMING OF UNAMED ROAD IN BORENORE.. 9

ITEM - 21  Alcohol and Other Drugs Policy and Procedure.. 9

ITEM - 22  Volunteer Policy and Volunteers Manual.. 9

ITEM - 23  Proposed Council Amalgamations & Representation on the Implementation Steering Committee.. 10

ITEM - 24  ADOPTION OF EUGOWRA FLOODPLAIN RISK MANAGEMENT STUDY 2010  10

ITEM - 25  CENTROC REGIONAL BITUMEN EMULSION REPORT.. 10

ITEM - 26  MOLONG VILLAGE GREEN GAZEBO.. 11

ITEM - 27  COMMUNITY IMPROVEMENT GRANT APPLICATIONS 2011/2012  11

ITEM - 28  LOTS 1-10 SECTION 9 DP758643, LOTS 1 AND 2 DP 722107  WHITTON STREET, MANILDRA.. 11

ITEM - 29  DRAFT CABONNE LOCAL ENVIRONMENTAL PLAN 2011. 12

ITEM - 30  LEASE ENQUIRY - RAILWAY LAND AT MOLONG.. 15

ITEM - 31  REVIEW OF PLANNING ASSESSMENT POLICIES AND PROCEDURES   15

ITEM - 32  Eastern Area Waste and Recycling Trial.. 16

ITEM - 33  Questions For Next Meeting.. 16

CONFIDENTIAL ITEMS.. 16

ITEM - 1     CARRYING OF COUNCIL INTO CLOSED COMMITTEE OF THE WHOLE MEETING.. 16

ITEM - 2     ENDORSEMENT OF PROCEEDINGS OF CONFIDENTIAL MATTERS CONSIDERED AT COMMITTEE OF THE WHOLE MEETING.. 17

ITEM - 3     OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS.. 17

ITEM - 4     Headworks charge to connect to Molong Sewerage Scheme   17

ITEM - 5     Voluntary Purchase, Barrack Street Eugowra.. 17

ITEM - 7     CENTROC ROAD SIGN CONTRACT.. 17

ITEM - 8     CADIA EAST VOLUNTARY PLANNING AGREEMENT.. 18

ITEM - 9     QUARRY REVIEW COMMITTEE MEETING MINUTES.. 18

CARRYING OF COUNCIL INTO CLOSED COMMITTEE OF THE WHOLE MEETING   18

ITEM - 6     ARTICULATED DUMP TRUCK PURCHASE FOR THE MOLONG LIMESTONE QUARRY.. 19

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE.. 19

ADDITIONAL ITEM - DESTINATION 2036 WORKSHOP.. 19

 


 

 

PRESENT         Clr R Dowling (in the Chair), Clrs G Dean, N Bleakley, L MacSmith, I Gosper, 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    APPLICATIONS FOR LEAVE OF ABSENCE

 

Proceedings in Brief

An apology was tendered on behalf of Clr S Wilcox for her unavoidable absence from the meeting.

 

MOTION (Gosper/Dean)

 

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

 

11/10/01

Carried

 

 

ITEM - 2    DECLARATIONS OF INTEREST

 

Proceedings in Brief

Clr Farr declared an interest in items 6 of Determination and 12 of Notation (identified as a Non Significant Non-pecuniary interest) due to his daughter and brother-in-law being employed by the Manildra Flour Mill.

Clr Duffy declared an interest in Item 3 of Closed (identified as a Significant Non-pecuniary interest) due to a claimant being a neighbour and also declared an interest in Item 8 of the Closed (identified as a Pecuniary interest) due to his son being employed by Cadia Mine.

The Director of Finance and Corporate Services declared an interest in item 8 of the Closed due to being  share holder in Newcrest.

 

 

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

  • Yeoval Central School Concert
  • W.B.C Internal Audit
  • National Police Remembrance Day
  • Committee Meetings
  • Quarry Inspection
  • Yeoval Progress meeting
  • Met with Cabonne staff – LEP Draft Plan
  • Manildra Community Consultation meeting
  • Eugowra Community Consultation meeting
  • Directors meeting
  • Council meeting

 

Clr Dean

  • Mullion Creek Community Consultation meeting
  • Eugowra Community Consultation meeting
  • Committee meeting
  • Molong child care centre Inspection
  • Quarry Inspection
  • Committee meetings
  • Manildra Community Consultation meeting
  • Council meeting

 

Clr MacSmith

  • Mullion Creek Community Consultation meeting
  • Committee meetings
  • Cargo Community Consultation meeting
  • Opening of Canobolas and Nashdale Fire Shed
  • Manildra Community Consultation meeting
  • Council meeting

Clr Gosper

  • Council meeting
  • Mullion Creek Community Consultation meeting
  • NSW Department of Planning Systems review panel
  • Attend a meeting at the UPA re B & S ball Molong
  • Committee meetings
  • Opening Canobolas and Nashdale Fire Shed
  • Attended MAG meeting

 

Clr Hyde

  • Meeting with Cabonne staff and ratepayer
  • Mullion Creek Community Consultation meeting
  • NSW Department of Planning Systems review panel
  • Meeting re Eugowra Flood plain management
  • MPS Hospital meeting
  • Eugowra Community Consultation meeting
  • Committee meetings
  • Meeting with Escort rock committee
  • Eugowra CWA garden party
  • Eugowra Progress Association meeting
  • Manildra Community Consultation meeting
  • Eugowra Flood Plain Consultative meeting

 

Clr Walker

  • Eugowra Community Consultation meeting
  • Caravan park Issues
  • Committee meetings
  • Waddell Street trees
  • LEP
  • Meeting with ratepayer Rygates lane
  • Manildra Community Consultation meeting
  • Canowindra S & L rebuild update
  • Canowindra Sports Trust
  • AOF Cowra High School reunion
  • Council meeting

 

Clr Culverson

  • Ordinary council meeting
  • Attend Macquarie Pipeline information night
  • Mullion Creek Community Consultation meeting
  • Eugowra Community Consultation meeting
  • Committee meetings
  • Limestone Quarry tour
  • Macquarie Pipeline/River meeting
  • Manildra Community Consultation meeting
  • Daroo meeting – Eugowra
  • Macquarie Pipeline Concerned Citizens meeting

 

MOTION (Dowling/-)

 

THAT the information contained in the Mayoral Minute be noted.

 

11/10/02

Carried

 

It was noted, the time being 9:40am Clr Farr declared an interest in the following Item, referring to Item 6, (identified as potential conflict of interest of a non significant non-pecuniary nature) due to his daughter and brother-in-law working at the Manildra Flour Mills and left the Chambers.

 

 

ITEM - 5    Grouping of report adoption

 

Proceedings in Brief

Items 7, 9, 10, 11, 13 and 15 were called.

 

MOTION (Hyde/Dean)

 

THAT:

1.      Councillors consider the items called.

2.      That items 6, 8, 12 and 14 be moved and seconded.

11/10/03

Carried

 

 

ITEM - 6    CONFIRMATION OF THE MINUTES

 

MOTION (Hyde/Dean)

 

THAT the minutes of the Ordinary Meeting held on 19 September 2011 be adopted.

 

11/10/04

Carried

 

 

ITEM - 8    ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING

 

MOTION (Hyde/Dean)

 

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

11/10/05

Carried

 

 

ITEM - 12 2011/2012 MANAGEMENT PLAN - FIRST QUARTERLEY REVIEW TO 30 SEPTEMBER 2011

 

MOTION (Hyde/Dean)

 

THAT the update of the Management Plan to the 30 September 2011, as presented be adopted.

11/10/06

Carried

 

 

ITEM - 14 Rates Incentive Scheme Draw

 

Proceedings in Brief

It was noted the Draw took place during the morning tea break and winners determined.

 

MOTION (Hyde/Dean)

 

THAT Council endorse the draw of the Rates Incentive Scheme at Morning Tea on Council meeting day.

 

11/10/07

Carried

 

It was noted, the time being 9:44am Clr Farr rejoined the meeting.

 

It was noted, the time being 9:47am Clr Farr declared an interest in the following item (identified as potential conflict of interest of a non significant non-pecuniary nature) due to his daughter and brother-in-law working at the Manildra Flour Mills and left the Chambers.

 

 

ITEM - 7    BUSINESS PAPER ITEMS FOR NOTING

 

Proceeding in Brief

 

Clr Duffy called Item 6 and Clr Bleakley called Item 12.

 

 

MOTION (Hyde/Dean)

 

THAT:

1.            Council consider the items called.

2.         The balance of the items be noted.

11/10/08

Carried

 

 

NOTING ITEM 12 - MANILDRA FLOUR MILL

 

MOTION (Duffy/Bleakley)

 

THAT a report be presented to Council regarding the status and responsibility for turning bays in Manildra with regard to both Mills.

 

11/10/09

Carried

 

 

MOTION (Bleakley/Hyde)

 

THAT Council write to the Minister expressing concern at the lack of policing to ensure that private certifiers meet their obligations.

 

11/10/10      

Carried

 

 

It was noted, the time being 10:07am Clr Farr rejoined the meeting.

 

 

ITEM - 9    COMMUNITY SERVICES COMMITTEE MEETING

 

MOTION (Hyde/Durkin)

 

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 4 October 2011 be adopted.

 

11/10/11      

Carried

 

 

ITEM - 10 ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING

 

MOTION (Culverson/Hyde)

 

THAT the report and recommendations of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 4 October 2011 be adopted and carried Motions be noted with the exception of the recommended refusal at Item 6 re DA 2007/11 Lot 1 DP 817557, Kiewa Street Manildra Bulk Flour Storage Tower and noting that the recommendation was for Clr Durkin to be Deputy Chair of the Committee and not Chair as stated.

 

11/10/12      

Carried

 

 

ITEM - 11 WORKS COMMITTEE MEETING MINUTES

 

MOTION (Farr/Gosper)

 

THAT the report and recommendations of the Works Committee held on Tuesday 4 October 2011 of Cabonne Council be adopted noting that the additional Item - 40KM/H in Kiewa Street - should refer to “Kiewa Street” not “Gaskill Street” in the report and requesting that the matter not be referred to the Traffic Committee.

 

11/10/13      

Carried

 

 

ITEM - 13 DESTINATION 2036 WORKSHOP

 

MOTION (Dean/Culverson)

THAT Council:

1.   Proceed with the conduct of the workshop at the conclusion of the agenda items of the October meeting.

2.   Provide comment on the draft Vision contained in the Outcomes Report.

3.   Establish priorities for the draft Action Plan.

11/10/14      

Carried

 

It was noted Item 15 was deferred until 11:00am.

 

 

ITEM - 16 BUSINESS DEVELOPMENT ASSISTANCE PROGRAM

 

MOTION (Farr/Gosper)

THAT Council

1.   Donate amount equivalent to the basic Development Application fees

2.   Meet 50% of relocation and establishment costs to a value of $3,599 for the applicant, Peter Browne Gallery funded from Council’s Business Development Assistance Program.

11/10/15      

Carried

 

 

ITEM - 17 CONSTITUTIONAL RECOGNITION OF LOCAL GOVERNMENT

 

MOTION (Farr/Gosper)

 

THAT Council supports the ALGA’s submission and recommendations on the Constitutional Recognition of Local Government by way of our own submission in support of the panels’ recommendations.

 

11/10/16      

Carried

 

 

ITEM - 18 INTERNAL AUDIT - LIMESTONE QUARRY

 

MOTION (Farr/Culverson)

 

THAT Council authorise the scope of works for the proposed Internal Audit for the Cabonne Council Limestone Quarry operations.

 

11/10/17      

Carried

 

 

ITEM - 19 RESCISSION MOTION

 

MOTION (Dean/Walker)

 

THAT the following Motion resolved at the September 2011 Council meeting which reads:

 

“1.   The starting time of regular Meetings of Council continue as 9:30am with Council meetings held on the 3rd 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 1st Monday of the month.”

be rescinded.

11/10/18      

Carried

 

 

MOTION (Culverson/Gosper)

THAT:

1.       The starting time of regular Meetings of Council continue as 9:30am with Council meetings held on the 3rd Monday of the month.

2.       On a three month trail basis Council Committee meetings be held from 5:00pm and continue to be held on the 1st Monday of the month.

 

AMENDMENT (Bleakley/Dean)

 

THAT:

1.       The starting time of regular Meetings of Council continue as 9:30am with Council meetings held on the 3rd Monday of the month.

2.       Council’s monthly Committee meetings be held on the first Monday of each month, fourteen (14) days prior to Council’s Ordinary Meeting starting from 9:30am.

 

The amendment was put and lost.  The Motion was put and carried.

 

 

MOTION (Culverson/Gosper)

THAT:

1.       The starting time of regular Meetings of Council continue as 9:30am with Council meetings held on the 3rd Monday of the month.

2.       On a three month trail basis Council Committee meetings be held from 5:00pm and continue to be held on the 1st Monday of the month.

11/10/19      

Carried

Clr Duffy requested that his vote against the motion be recorded.

 

 

ITEM - 20 Australia Day 2012

 

MOTION (Culverson/MacSmith)

 

THAT:

1.    Council Endorse the steps taken in relation to Australia Day 2012.

2.    Council’s Official Party visitation locations for 2012, 2013 & 2014 be as per the report.

11/10/20      

Carried

 

It was noted the time being 10:27am a presentation was made to the Volunteer of the Month Sue Reynolds followed by a presentation to Glen Townsend of an Outstanding Service Award following which Council adjourned for morning tea at 10:40am.  It was noted the time being 10:50am Council resumed the meeting.

 

It was noted, the time being 10:58am Warren Bradley addressed Council in relation to the following Item.

 

 

ITEM - 15 NAMING OF UNAMED ROAD IN BORENORE

 

MOTION (Duffy/Dean)

THAT Council:

1.  Proceed with the road naming process for the new road to be named ‘Warren Road’.

2.  Authorise the affixing of the Council seal to the documents relating to the naming of this road.

3.  Advise Mr. L Edgecombe of the decision and the process involved in formalising the road naming.

11/10/21      

Carried

 

 

ITEM - 21 Alcohol and Other Drugs Policy and Procedure

 

MOTION (Bleakley/Durkin)

 

THAT the Draft Alcohol and Other Drugs Policy and Procedures be adopted.

 

11/10/22      

Carried

 

 

ITEM - 22 Volunteer Policy and Volunteers Manual

 

MOTION (Durkin/MacSmith)

 

THAT the Volunteers Policy and associated Volunteers Manual be adopted.

 

11/10/23      

Carried

 

 

ITEM - 23 Proposed Council Amalgamations & Representation on the Implementation Steering Committee

 

MOTION (Bleakley/Gosper)

 

THAT Council write to the Minister for Local Government, calling on him to invite all local government industry unions to participate in the Implementation Steering Committee.

 

11/10/24      

Carried

 

 

ITEM - 24 ADOPTION OF EUGOWRA FLOODPLAIN RISK MANAGEMENT STUDY 2010

 

MOTION (Hyde/Culverson)

THAT Council:

1.  Adopt the 2010 Draft Review of the Eugowra Flood Plain Risk Management Study 1999 and the 17 Recommendations contained in this report.

2.    Provide a copy of the report and recommendations to the;

i)     Eugowra Floodplain Risk Management Review Committee

ii)    Eugowra Promotion and Progress Association

iii)   Eugowra Floodplain Consultative Committee.

3.    Seek the support of both the local State and Federal Members in advancing the relevant recommendations contained in this report.

4.    Issue an appropriate media release.

5.    Note changes in the report as follows:

4.2. Undertake works to remove exotic vegetation and selected log snags from the Mandagery Creek riparian zone in the town environs funded from the 2011/12 vote.

4.3. Council commit to a 10 year financial plan for the vegetation maintenance of the Mandagery Creek environs in accordance to the vegetation management plan.

9.      Council Assistance Measures, Development of open space landscaping and walkways along creek area.

 

11/10/25      

Carried

 

 

ITEM - 25 CENTROC REGIONAL BITUMEN EMULSION REPORT

 

MOTION (Duffy/Gosper)

 

THAT Council agree to participate in a regional bitumen emulsion contract.  Council to provide CENTROC with advice accordingly.

 

11/10/26      

Carried

 

 

ITEM - 26 MOLONG VILLAGE GREEN GAZEBO

 

MOTION (Gosper/Dean)

THAT Council:

1.   Rescind the February resolution to relocate the gazebo on the Village Green and

2.   Approve the proposed works listed 1 to 8 in the report.

11/10/27      

Carried

 

It was noted, the time being 11:22am Clr Farr declared an interest in the following item (identified as potential conflict of interest of a non significant non-pecuniary nature) due to being a Secretary/Treasurer of the Manildra Sports Council and left the Chambers.

 

 

ITEM - 27 COMMUNITY IMPROVEMENT GRANT APPLICATIONS 2011/2012

 

MOTION (Gosper/Culverson)

 

THAT Council:

1.    Approve the complying grant applications numbered 1 to 13 in Table 1 totalling $44,659 and not approve the non-complying application number 14 in Table 2 totalling $3,500.

2.    And note changes in the report at note 3 as follows:

Note 3. Men’s Shed projects do not comply with the intention and guidelines of the CIP grant and approval of the grant is not recommended.  Council has a separate men’s shed policy, which the Committee has already received funds from.

11/10/28      

Carried

 

It was noted, the time being 11:24am Clr Farr rejoined the meeting.

 

 

ITEM - 28 LOTS 1-10 SECTION 9 DP758643, LOTS 1 AND 2 DP 722107  WHITTON STREET, MANILDRA

 

Proceedings in Brief

The Director of Environmental Services indicated that  based on verbal legal advice that she had obtained, the recommendation was the only legal manner available to Council to favourably consider the request however it could be strengthened by indicating that Council would support an application to the Department of Planning and Infrastructure for variation under State Environmental Planning Policy No 1.

The Director of Finance and Corporate Services advised that granting of ‘in principle’ approval carried legal implications that could be binding on Council and that this could have ramifications for Council should it proceed.

The General Manager indicated to Council that the letter of reply from Council to the Department of Lands attached to the report related to a letter inquiring as to the permissibility of a (singular) dwelling on the land and tabled a letter dated 28 March, 2008 regarding the original request.

The Director of Finance and Corporate Services advised that in his opinion the proposed motion could not be legally passed by Council as it was beyond the scope of the current Local Environmental Plan.

 

MOTION (Farr/Walker)

 

THAT Council approve that building permission will be approved subject to conditions for a Development Application for Lots 1 - 5 based on  the correspondence to the Department of Lands.

11/10/29      

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 Wilcox – apology) as follows:

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

Against: Clrs. MacSmith, Durkin and Hyde,

 

 

 

ITEM - 29 DRAFT CABONNE LOCAL ENVIRONMENTAL PLAN 2011

 

Proceedings in Brief

 

In response to questions from Councillors, the Director of Environmental Services and the Principal Strategic Planner advised that changes to the draft LEP outside the strategy and advice from the Department of Planning & Investment would result in further time delays.

 

 

MOTION (Farr/Walker)

 

THAT Council:

1.   Agrees that the Draft Plan is consistent with the adopted and draft land use strategies for the Cabonne Shire including, but not limited to, the Councils of Blayney, Cabonne and Orange City (July 2008) Sub-Regional Rural and Industrial Land Use Strategy; the Cabonne Council (2011) Draft Cabonne Settlement Strategy; and the Cabonne Council (2003) Community Heritage Study;

2.   Approves the Draft Cabonne Local Environmental Plan 2011 (‘Draft Plan’) as set out in the Appendices to this report for the purpose of public exhibition in accordance with the provisions of the EP&A Act;

3.   Forwards the Draft Plan to the Director-General of the Department of Planning & Infrastructure requesting that a certificate pursuant to former Section 65 of the EP&A Act be issued to allow public exhibition of the Draft Plan;

4.   In seeking a certificate under former Section 65, forwards all relevant supporting documentation indicating the actions taken to fulfill responsibilities under the EP&A Act including, but not limited to Consultation (Section 62), and compliance with the relevant Ministerial Directions (Section 117 ), Planning Circulars, State Environmental Planning Policies (‘SEPPs’), and land use strategies (draft and adopted) by Cabonne Council;

5.   Seeks the Director-General’s opinion that the inconsistencies between the Draft Plan and any Ministerial Directions or Planning Circulars are, for the reasons identified, of minor significance or can be addressed at a later date;

6.   Upon receipt of a certificate under former Section 65, Council exhibits the Draft Plan for a minimum period of six (6) weeks unless it falls within December 2011 to January 2012 in which case an additional two (2) weeks be added to the exhibition period;

7.   Provides the General Manager with the delegation to make minor technical and policy amendments to the adopted Draft Plan arising out of the consultation with Department of Planning & Infrastructure or as required in a Section 65 Certificate to exhibit the Draft Plan;

8.   Requires the Draft Plan be reconsidered by Council in the event that significant policy changes are sought by Department of Planning & Infrastructure prior to the issue of a Section 65 Certificate; and

9.

a)    Amend the Draft Plan to incorporate minimum lot size mapping and provisions to retain the existing intensive agriculture subdivision principles for 10ha lots in the RU1 zone and 20ha lots in the RU2.

b)    Should this amendment be unsuccessful then Council pursue 25ha minimum lot sizes for Nashdale & Borenore areas (part Sector A) as per the Rural and Industrial Land Use Strategy.

c)    Council agree to adopt 100ha lot size subdivision standard for dwelling entitlements for general rural subdivision across the shire.

 

11/10/30      

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 Wilcox – apology) as follows:

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

Against: Clrs Bleakley, Duffy and Gosper.

 

 

Motion (Farr/Culverson)

 

THAT Council pursue amendment to the Rural and Industrial Land Use Strategy to consider areas for RU5 Village or Rural Residential Development in the eastern area to be funded from existing reserves and resourced from internal or external sources and that a report be presented to the November meeting on process, resourcing and estimated timeframes.

 

11/10/31      

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 Wilcox – apology) as follows:

For: Unanimous

 

 

It was noted, the time being 12:19pm Mayor Dowling declared an interest in the following item (identified as a general disclosure) due to his wife being a local real estate agent and left the Chambers.

Clr MacSmith declared an interest in the following item (identified as perceived conflict of interest of a pecuniary nature) due to his sister being a local real estate agent and left the Chambers.

Clr Gosper declared an interest in the following part of this item (identified as a pecuniary interest) due to being an executor of an estate of land in the area to be discussed.

 

Motion (Culverson/Bleakley)

 

THAT Councillor Farr be elected Chairperson in the absence of the Mayor and Deputy Mayor.

 

11/10/32      

Carried

 

It was noted the time being 12:19pm that Clr Farr assumed the Chair.

 

 

Motion (Duffy/Culverson)

 

THAT a report be presented to the March Council meeting on the servicing, process and procedure for an amendment to the Draft Local Environmental Plan, 2011 as follows:

 

Clause 4.1 - Minimum subdivision lot size shall be amended in subclause (4A) to include an additional row including ‘Area B’ under Column 1 and ‘4,000m2’ under Column 2 and the Lot Size Maps shall be amended such that the area east of McGroder Street, Molong in Zone R5 Large Lot Residential that is outside 500m distance from the Molong Limestone Quarry has a boundary added entitled ‘Area B’ in the legend.  This will permit subdivision in this Area B (West Molong Large Lot Residential) down to 4,000m2 lots subject to connection to reticulated sewer.

 

11/10/33      

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 Wilcox – apology, Clrs Dowling, Gosper and MacSmith – declared an interest) as follows:

For: Unanimous

 

It was noted, the time being 12:47pm Mayor Dowling, Clr MacSmith and Clr Gosper rejoined the meeting and Mayor Dowling resumed the Chair.

 

It was noted, the time being 1:00pm Mr John Cobb, Member for Calare, addressed Council and spoke about the following: Analog TV; Carbon Tax; Eugowra/Yeoval Floods; Optus Tower; Youth Allowance; Rural Transaction Centre.

 

It was noted, the time being 1:30pm Council adjourned for lunch resuming at 2:06pm.

 

It was noted the time being 2:06pm Dr Shanti Sivaneswaran addressed Council on the Molong fluoridation proposal.

 

It was noted the time being 2:38pm Council resumed the meeting.

 

It was noted the time being 2:57pm Clr Bleakley left the meeting.

 

 

ITEM - 30 LEASE ENQUIRY - RAILWAY LAND AT MOLONG

 

MOTION (Durkin/Walker)

 

THAT:

1.      The information be noted.

2.      Council further investigate the opportunity to lease the ARTC land located between 2 Euchareena Road and the Molong Swimming Pool with a view to enable further consideration of the relocation of the Molong gasworks gasometer frame to this area of open space in association with the recently constructed walking / cycle path and outdoor art sculpture.

3.      Molong Advancement Group be advised of Council’s action.

4.      Council further consult with the Molong community.

11/10/34      

Carried

 

 

ITEM - 31 REVIEW OF PLANNING ASSESSMENT POLICIES AND PROCEDURES

 

MOTION (Farr/Walker)

 

THAT:

 

1.      The information be noted; and

2.      The strategies contained in the report entitled ‘Review of Planning Assessment Policies and Procedures’ be adopted and implemented with a review of the effectiveness of the strategies to be considered by Council in 6 months time.

11/10/35      

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 Wilcox – apology; and Clr Bleakley – left the meeting) as follows:

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

Against: Clr Duffy.

 

 

 

ITEM - 32 Eastern Area Waste and Recycling Trial

 

MOTION (Culverson/Durkin)

 

THAT Council engage JR Richards to complete a trial waste and recycling service in the areas of Mullion Creek and Byng of Cabonne.

 

11/10/36      

Carried

 

 

ITEM - 33 Questions For Next Meeting

 

MOTION (Duffy/Culverson)

 

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

1.       Clr Duffy requested a report in relation to the General Manager’s Performance Appraisal.

2.       Clr Duffy requested a report in relation to Clergate block of land.

11/10/37      

Carried

 

CONFIDENTIAL ITEMS

 

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

 

MOTION (Durkin/Gosper)

 

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.

 

11/10/38      

Carried

 

 

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

 

Recommendation (MacSmith/Gosper)

 

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 19 September 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.

 

1.

Carried

 

It was noted the time being 3:24pm, Clr Duffy declared an interest in Item 3 of Closed (identified as a Significant Non-pecuniary interest) due to a claimant being a neighbour and left the Chambers.

 

ITEM - 3    OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS

 

Recommendation (Farr/Walker)

 

THAT the information be noted.

 

2.

Carried

 

It was noted the time being 3:26pm, Clr Duffy rejoined the meeting.

 

 

ITEM - 4    Headworks charge to connect to Molong Sewerage Scheme

 

Recommendation (Hyde/Gosper)

 

THAT Council agree to give assessment number 4632-200000-4 an interest free loan for the amount of $5,064.00 over a 36 month period with instalment amounts of $141.00 per month, subject to regular payments being received.

 

3.

Carried

 

 

ITEM - 5    Voluntary Purchase, Barrack Street Eugowra

 

Recommendation (Duffy/Gosper)

 

THAT Council refer the VP application for 1 Barrack Street to the Eugowra Floodplain Consultative Committee for comment noting the  revised offer of $118,750 is subject to the Office of Water approval and two thirds funding.

 

4.

Carried

 

It was noted that Item 6 was deferred to later in the meeting.

 

 

ITEM - 7    CENTROC ROAD SIGN CONTRACT

 

Recommendation (Farr/Culverson)

 

THAT:

1.  Council endorse the selection of Artcraft and Road Management solutions (RMS) for Council’s road signs supplier, and

2.  Advise CENTROC of its decision.

5.

Carried

 

It was noted the time being 3:32pm, Clr Duffy declared an interest in the following Item  (identified as a Pecuniary interest) due to his son being employed by Cadia Mine and the Director of Finance and Corporate Services declared an interest due to being a share holder in Newcrest and left the Chambers.

 

ITEM - 8    CADIA EAST VOLUNTARY PLANNING AGREEMENT

 

Recommendation (Farr/Hyde)

 

THAT the information be noted.

 

6.

Carried

 

It was noted the time being 3:34pm that Clr Duffy and the Director of Finance and Corporate services rejoined the meeting.

 

 

ITEM - 9    QUARRY REVIEW COMMITTEE MEETING MINUTES

 

Recommendation (Farr/Culverson)

 

THAT the report and recommendations of the Quarry Review Committee held on Tuesday 4 October 2011 be adopted.

 

7.

Carried

 

It was noted, the time being 3:35pm Council adjourned to hold the Destination 2036  workshop.

 

It was noted, the time being 4:11pm Council resumed the Ordinary meeting at which time Clrs Dowling, Durkin and Bleakley and the Director Finance and Corporate Services were absent.

 

It was noted, the time being 4:12pm Clr Gosper assumed the Chair.

 

 

CARRYING OF COUNCIL INTO CLOSED COMMITTEE OF THE WHOLE MEETING

 

MOTION (Hyde/Dean)

THAT the Committee 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 which the publicity of which the Committee considers would be prejudicial to the Council or the individuals concerned and that the press and the public be excluded from the meeting in accordance with the conditions of Council’s confidentiality policy.

11/10/39      

Carried

 

*

ITEM - 6    ARTICULATED DUMP TRUCK PURCHASE FOR THE MOLONG LIMESTONE QUARRY

 

Recommendation (Culverson/Hyde)

 

THAT Council purchase from CJD Equipment, one Volvo A25FArticulated Dump truck, for the purchase price of $378,000 exc GST and accept their trade in offer on Council’s Volvo A25C of $80,000 exc GST with a net cost to Council of $298,000 exc GST.

 

8.

Carried

 

It was noted, the time being 4:21pm the Chair resumed the Ordinary meeting.

 

 

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE

 

MOTION (MacSmith/Dean)

THAT the Report and Recommendations of the Closed Committee of the Whole Meeting held on Monday 17 October, 2011 be adopted.

 

11/10/40      

Carried

 

 

ADDITIONAL ITEM - DESTINATION 2036 WORKSHOP

 

MOTION (Culverson/Walker)

 

THAT Council adopt the recommendations of the Destination 2036 Workshop held this afternoon.

 

11/10/41      

Carried

 

There being no further business, the meeting closed at 4:23pm.

 

 

 

CHAIRMAN.

 

Chairman of the Ordinary Meeting of Cabonne Council held on the 21 November, 2011 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.