Minutes of Ordinary Meeting - 19 December 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 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 Manager.

ITEMS FOR DETERMINATION

	ITEM - 1 APPLICATIONS FOR LEAVE OF ABSENCE
	Proceedings in Brief An apology was tendered on behalf of Clr J Farr for his unavoidable absence from the meeting.
	MOTION (Gosper/Wilcox) THAT the apology tendered by Clr J Farr be accepted and the necessary leave of absence be granted.
11/12/01	Carried

ITEM - 2 DECLARATIONS OF INTEREST

Proceedings in Brief

Clr Culverson declared an interest (identified as a pecuniary interest) in Item 19 due to her business carrying out work for National Parks and Wildlife and Cabonne Council in the Mt Canobolas State Conversation Area and in Item 31 (identified as a pecuniary interest) due to her sister and her partner owning property on the proposed pipeline route; Clr Duffy declared an interest (identified as a General Disclosure) in Item 5 of Closed due to his son being an employee of Cadia Valley Operations; Clr Gosper declared an interest (identified as a pecuniary interest) in Item 21 due to his daughter being an employee at the Waluwin Centre and in Item 28 (identified as a pecuniary interest) due to being a neighbour of the proposed Euchareena Road Resource Recovery Centre; and the Director of Finance & Corporate Services declared an interest in Item 5 of Close due to being a shareholder 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 · Met with Senator Conroy re Digital Switch over for Eugowra residents · Centroc meeting at Oberon · Second launch ‘Animals on bikes” · Met with Borenore RFS group · Met with Nashdale Hall committee · WBC Forum · Committee meeting · Community Safety Precinct meeting · Western Care Lodge opening · Manildra St Joseph Presentation night · Met with proponents of proposed new business venture – Cabonne · Yeoval Central School Presentation night · Council meeting Clr Dean · Consultative Meeting · Cudal BBQ · Eugowra BBQ · WBC Conference · Committee Meeting · Bus Tour western area · Cudal Progress meeting · Council meeting Clr Gosper · Molong Volunteers BBQ · Cabonne Council’s monthly meeting · Meeting at Council with staff and Mayor re Manildra DA · Meeting at RFS headquarters in Orange and with members of the March brigade re new fire shed · Centroc board meeting · Meeting with other councillors and staff re siting of the Borenore Brigade shed with their captain and secretary · WBC Forum · Directors meeting and Insurance brokers info seminar · Shire tour of southern area of Cabonne · Committee meeting · Molong Xmas party · Represented the Mayor Molong Central School Presentation night · Represented the Mayor Cumnock Public School Presentation night · Council’s Rep at the MAG AGM · Directors meeting Clr Wilcox · WBC Forum · Western area shire tour · Committee meetings · CCTAC · Cumnock Progress Association meeting · Council meeting · Roads workshop Forum · Australia Day awards committee Clr Hyde · Met Council’s solicitor at the Eugowra Medical centre site · Eugowra Progress for inspection of possible location sites for the RV Motor homes · MPS Hospital meeting · Eugowra Volunteers BBQ · WBC Forum · Heritage Committee meeting · Eugowra Australia Day committee meeting – Eugowra · Council shire tour · Escort rock committee meeting · Met with Council’s staff for inspection of repairs and concreting in Eugowra · Heritage & Aboriginal Cultural Planning Review NSW workshop · Met with DETS and applicant from Eugowra · Met with committee member of the flood management plan review · HACC at Manildra memorial Hall · Eugowra Public Primary School Presentation night · St Joseph’s Primary school Presentation night Clr Walker · Business Chamber · WBC Forum · Shire tour · Committee meeting · Council meeting Clr Culverson - (Provided after meeting 20/12/11) · Ordinary council meeting · Meeting with RFS, Group Captain and Clr Gosper · IP & R WBC Forum Molong · Shire tour · Committee meetings · Mullion Creek Public School presentation night – Cabonne Award · Mullion Creek Community Christmas Party · Mullion Creek & District Progress Association meeting · Cabonne Council Volunteer Appreciation BBQ at Mullion creek · Macquarie Pipeline Concerned Citizens Committee meeting
	MOTION (Dowling/) THAT the information contained in the Mayoral Minute be noted.
11/12/02	Carried
	MOTION (Bleakley/Hyde) THAT Council write letters of congratulation to the schools and students who had exceptional HSC results.
11/12/03	Carried

	ITEM - 5 Grouping of report adoption
	Proceedings in Brief Clr Bleakley called Item 7 as he wished to speak in relation to Item 8 of Notation; and Clr Duffy called Item 6 in relation to confirmation of the Minutes and Item 7 - requesting that Items 10 and 12 of Notation be considered in conjunction with Item 31.
	MOTION (Wilcox/Durkin) THAT: 1. Council consider the Items called. 2. Items 8 to 15 be moved and seconded. 3. Business Paper Items for Noting not be included in the Grouping of Report Adoption item in future.
11/12/04	Carried

ITEM - 8 ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING

MOTION (Wilcox/Durkin)

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 5 December 2011 be adopted.

11/12/05

Carried

ITEM - 9 COMMUNITY SERVICES COMMITTEE MEETING

MOTION (Wilcox/Durkin)

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

11/12/06

Carried

ITEM - 10 ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING

MOTION (Wilcox/Durkin)

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

11/12/07

Carried

ITEM - 11 WORKS COMMITTEE MEETING

MOTION (Wilcox/Durkin)

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

11/12/08

Carried

ITEM - 12 INTEREST RATES FOR ADVANCES

MOTION (Wilcox/Durkin)

THAT the interest rate to be charged on Advances be calculated by adding one percent to the Commonwealth Bank ten year fixed home loan rate.

11/12/09

Carried

ITEM - 13 Abolishing Ward Boundaries

MOTION (Wilcox/Durkin)

THAT:

1. Council write to the NSW Electoral Commission and issue a media release advising of the Ministerial approval to abolish ward boundaries.

2. Councillors promote the issue within their communities.

11/12/10

Carried

ITEM - 14 DEPARTMENT OF PREMIER & CABINET REGIONAL COORDINATION NETWORK - RENEWAL AND DEVELOPMENT

MOTION (Wilcox/Durkin)

THAT:

1. Council continue to forward relevant concerns and issues to the DPC Regional Coordinator.

2. Request CENTROC to invite the DPC Regional Coordinator to address the next CENTROC meeting.

3. Further advice be reported to Council as it comes to hand.

11/12/11

Carried

ITEM - 15 Rural Fire zone service agreement- amendment

MOTION (Wilcox/Durkin)

THAT Council authorise signing of the amendment to the Rural Fire Zone agreement, to provide for coverage of the “Red Fleet” to be through the New South Wales Treasury Managed Fund.

11/12/12

Carried

	ITEM - 6 CONFIRMATION OF THE MINUTES
	Proceedings in Brief Clr Duffy requested that the Minutes be corrected in relation to: Page 87, Item 11, point 1 where it reads “30 kilometres” should read “13 kilometres”; on page 88 Item 12 the comment by the General Manager should read “… the General Manager confirmed he would recommend…”. In relation to a correction raised by Clr Duffy re page 90, Item 19, point 2 Clr Bleakley as the mover argued that the Minutes were correct.
	MOTION (Wilcox/Durkin) THAT the minutes of the Ordinary Meeting held on Monday 21^st November 2011 be adopted noting the corrections on page 87, Item 11, point 1 where it reads “30 kilometres” should read “13 kilometres”; and on page 88 Item 12 the comment by the General Manager should read “… the General Manager confirmed he would recommend…”.
11/12/13	Carried

	ITEM - 7 BUSINESS PAPER ITEMS FOR NOTING
	Proceedings in Brief Clr Bleakley having called Item 8 of Notation spoke on that Item. It was noted Clr Duffy requested that Items 10 and 12 of Notation be considered in conjunction with Item 31.
	MOTION (Wilcox/Durkin) THAT the balance of the items be noted.
11/12/14	Carried

NOTATION ITEM - 8 RESOLUTIONS REGISTER - INFOCOUNCIL - OUTSTANDING ACTIONS

MOTION (Bleakley/Gosper)

THAT Council undertake a review of the Resolution Register at the March 2012 meeting.

11/12/15

Carried

ITEM - 16 SHIRES ASSOCIATION - 2012 E-DIVISION CONFERENCE

MOTION (Duffy/Durkin)

THAT:

1. The Mayor, Deputy Mayor and Clr Wilcox be Council’s representatives to attend the E Division Conference to be held in Forbes on Friday 17 February 2012.

2. The General Manager formulate appropriate Motions to be submitted to the E Division Conference based on issues outlined in the report.

11/12/16

Carried

ITEM - 17 DESTINATION 2036 DRAFT ACTION PLAN

MOTION (Durkin/Culverson)

THAT Council:

1. Conduct a workshop on February Committee Day to enable a response to be formulated to the Destination 2036 Action Plan.

2. Issue a media release promoting the Draft Action Plan.

11/12/17

Carried

ITEM - 18 ONE ASSOCIATION DRAFT CONSTITUTION

MOTION (Duffy/Gosper)

THAT Council:

1. Consider the draft constitution for One Association and provide comments to the General Manager for a submission.

2. List the matter for consideration at the E-Division conference.

11/12/18

Carried

It was noted, the time being 09:52am Clr Culverson declared an interest (identified as a pecuniary interest) in the following Item due to her business carrying out work for National Parks and Wildlife and Cabonne Council in the Mt Canobolas State Conversation Area and left the Chambers.

ITEM - 19 ENHANCEMENT OF MOUNT CANOBOLAS STATE CONSERVATION AREA

MOTION (Duffy/Wilcox)

THAT Council:

1. Lobby for the upgrading of the access roads to Mount Canobolas and redevelopment of the summit.

2. Seek support of local Federal Member, Hon John Cobb, and the local State Member, Hon Andrew Gee, for Council’s application.

3. Write to Orange City Council and NSW National Parks and Wildlife Service thanking them for their cooperation and support.

4. Write a submission to the new State Government to have the road reinstated as a Regional Road due to its State and National significance.

11/12/19

Carried

It was noted, the time being 09:56am Clr Culverson rejoined the meeting.

ITEM - 20 EVENTS ASSISTANCE PROGRAM

MOTION (Wilcox/Durkin)

THAT Council fund the following projects under the Events Assistance Program and that all proponents provide a full report on outcomes following the event:

1. In line with previous years, that the Australian National Field Day Committee receive $1500.00 in EAP funding, subject to the receipt of an acquittal form for the 2011 event.

2. Canowindra Challenge Incorporated receive up to $6,000.00 in EAP funding. This funding is to be firstly allocated to all inkind expenses associated with the event and staff wages of a trainee to provide assistance from the Age of Fishes Museum. Any funding remaining of the $6,000.00 is to be allocated to event advertising.

11/12/20

Carried

It was noted, the time being 09:59am Clr Gosper declared an interest (identified as a pecuniary interest) in the following Item due to his daughter being an employee at the Waluwin Centre and left the Chambers.

ITEM - 21 WALUWIN MOLONG HEALTHONE HEALTH SERVICES ADVISORY COMMITTEE

MOTION (Dowling/Wilcox)

THAT Council nominate Clr Bleakley as the representative to the Waluwin Molong HealthOne Health Services Advisory Committee.

11/12/21

Carried

It was noted, the time being 10:00am Clr Gosper rejoined the meeting.

ITEM - 22 March Rural Fire Service Brigade Station

MOTION (Duffy/Culverson)

THAT Council agree to fund the short falling funding of $90,000 for construction of the March brigade station subject to a letter of commitment being received from the Regional Manager of the Rural Fire Service Region West for $90,000 to be made available from the Rural Fire Fighting Fund, in 2012/2013, with funding to be provided from the Bushfire Infrastructure Reserve.

11/12/22

Carried

	ITEM - 23 Borenore Rural Fire Service Brigade station
	Proceedings in Brief After the Chair ruled it inappropriate to add the proposed point 4 to the Motion Clr Duffy foreshadowed a motion as follows: FORESHADOWED MOTION THAT Council receive a report in relation to the purchase of Railway owned land at Borenore for Community purposes.
	MOTION (Duffy/Durkin) THAT Council: 1. As a matter of urgency pursue the acquisition of the block of land situated at the Borenore railway crossing (being at the corner of the Escort Way and Borenore Roads) as the stated preferred site by the Borenore Rural Fire Service Brigade for the construction of their shed to be used for operational and training purposes. 2. Classify the land as operational 3. Authorise the a fixing of the Council seal to the necessary documents for the proposed sub-division.
11/12/23	Carried
	MOTION (Duffy/Hyde) THAT Council receive a report in relation to the purchase of Railway owned land at Borenore for Community purposes.
	Lost

	ITEM - 24 Notice of Motion - Proposed Boundary Adjustment
	Proceedings in Brief Clr Duffy advised that he wish to amend the notice of Motion to withdraw the meeting time for the proposed workshop as Council had other commitments at that time. It was noted the Director of Finance & Corporate Services reaffirmed the requirements of the Code of Meeting relating to a calling of divisions which requires 2 councillors to request a division when they believe the Chair has miscounted the vote and is not intended to be used to record which way councillors voted.
	MOTION (Duffy/Culverson) THAT Council hold a workshop on Monday the 6^th February 2012 to address and discuss the Boundary Adjustment proposed between Orange City Council and Cabonne Council The Scope to include but not limited to: 1. The process of the submission and defining Community of Interest 2. Sustainability of Cabonne. 3. The number of ratepayers and rate notices within the proposed Boundary adjusted area. 4. The number of rate categories and the number of rate notices within each category in the proposed Boundary adjusted area. 5. The amount of General Rates collected in the 2011/12 financial year within the proposed Boundary adjusted area, including farmland, business, rural residential, residential and mining. 6. The road classifications within the proposed Boundary adjusted area and their distance, sealed and unsealed. 7. The size of the proposed Boundary adjusted area (sq kilometres) 8. The amount of Waste Management charge and Waste Management upgrade fee collection in the proposed Boundary adjusted area in the 2011/12. 9. Details of all Council assets in the proposed Boundary adjustment area.
	Lost The Chair called for a division of Council as requested by Clrs Bleakley and Duffy which resulted in a vote against the motion (noting the absence of Clr Farr – apology) as follows: For: Clrs Culverson and Duffy. Against: Clrs Dowling, Dean, Bleakley, MacSmith, Gosper, Wilcox, Durkin, Hyde and Walker.

ITEM - 25 Local Government Remuneration Tribunal

MOTION (Gosper/MacSmith)

THAT Council support the submission of the LGSA to the Local Government Remuneration Tribunal.

11/12/24

Carried

ITEM - 26 Code of Meeting Practice Policy

MOTION (Hyde/Durkin)

THAT the updated Code of Meeting Practice Policy be adopted.

11/12/25

Carried

It was noted the time being 10:20am Youth of the Month presentations were made to Jemima McCalman (November), Lauren Hutchinson (September) and Amy McAlister (October). The time being 10:31am Council adjourned for morning tea resuming 10:53am.

ITEM - 27 Review of Council Occupational Health and Safety Policies to comply with the Work Health and Safety Act 2011.

MOTION (Durkin/Wilcox)

THAT:

1. The Work Health and Safety Policy be adopted.

2. The Health and Safety Committee – Formation Policy be adopted.

3. The Work Health and Safety and Workers Compensation Policy be adopted.

4. The Management of Workplace Risk Policy be adopted.

5. The Volunteers Policy be adopted.

11/12/26

Carried

It was noted, the time being 10:54am Clr Gosper declared an interest (identified as a pecuniary interest) due to being a neighbour of the proposed Euchareena Road Resource Recovery Centre and left the Chambers.

ITEM - 28 ORANGE CITY COUNCIL - EUCHAREENA ROAD UPGRADE

MOTION (Bleakley/Dean)

THAT Council:

1. Agrees in principle with the consideration of general principles, 1 to 10 as noted in the report.

2. Undertakes the works as it will be responsible for the ongoing maintenance of the road and accept a road contribution from Orange City Council of $341,640.

3. Fund the estimated cost for Cabonne Council of $126,000 from Financial Assistance Grants (FAG).

11/12/27

Carried

It was noted, the time being 10:58am Clr Gosper rejoined the meeting.

ITEM - 29 52ND FLOODPLAIN MANAGEMENT ASSOCIATION CONFERENCE

MOTION (Durkin/Walker)

THAT Council approve the Director of Engineering and Technical Services or his representative and Clr Hyde to attend the relevant day sessions of the Floodplain Management Association Conference.

11/12/28

Carried

ITEM - 30 MOLONG FLOODPLAIN RISK MANAGEMENT STUDY

MOTION (Bleakley/Gosper)

THAT Council:

1. Exhibit the Draft Review of Molong Floodplain Risk Management Study for a period of 9 weeks commencing 22 December 2011 to 23 February 2012.

2. Approve the extension of the study to include;

i) Investigation of waterway under the railway bridge and options to improve waterway.

ii) Investigate extension of the stormwater drainage

iii) Investigate provision of floodgates on outlets to Molong Creek.

3. Conclude the contract with URS on completion of the Draft document.

4. After 9 weeks write to the Flood Committees to arrange a meeting.

11/12/29

Carried

It was noted, the time being 11:04am Clr Culverson declared an interest (identified as a pecuniary interest) in the following Item due to her sister and her partner owning property on the proposed pipeline route and left the Chambers.

	ITEM - 31 MACQUARIE PIPELINE - OFFICE OF WATER RURAL LANDHOLDER SUB-COMMITTEE
	Proceedings in Brief It was noted Items 10 and 12 of Notation were considered together with this Item. MOTION (Duffy/) THAT Council: 1. Nominate the Mayor as Council’s delegate to sit on the NSW Office of Water Rural Landholder Sub-Committee. 2. Confirm its support for the Macquarie River Pipeline. Proceedings in Brief After discussion it was agreed to remove the 2^nd part of the Motion confirming Council’s support.
	MOTION (Duffy/Bleakley) THAT Council nominate the Mayor as Council’s delegate to sit on the NSW Office of Water Rural Landholder Sub-Committee.
11/12/30	Carried

It was noted, the time being 11:06am Clr Culverson rejoined the meeting.

ITEM - 32 EFFLUENT DUMP STATION - CANOWINDRA

MOTION (Bleakley/Wilcox)

THAT:

1. Council approve the installation of a dump station in the caravan park and that funds for the associated works to come from the Sewer Fund.

2. Works be completed in time for the “Canowindra Challenge”.

11/12/31

Carried

	ITEM - 33 Modification of DA 2011/110 Lot 2 DP 533199, 321 Mandagery Road, Mandagery.
	Proceedings in Brief In response to a proposed motion by Clr Duffy that the applicant be allowed to address Council even though she had already addressed the Environmental Services and Sustainability Committee the Director of Finance & Corporate Services advised that a notice of motion would be required to change Council’s policy. Notwithstanding the General Manager directed the Director of Environmental Services to read out an email from the applicant and to indicate how the applicant’s concerns had been addressed in the report. He advised that photo’s provided by the applicant had been circulated to councillors. The Chair then gave permission for the applicant to answer questions from councillors.
	MOTION (Bleakley/Wilcox) THAT the matter of the modification of Development Application 2011/110 for Lot 2 DP 533199, Mandagery Road, Mandagery and the requirements for Conditions 6, 7 & 8 be adjourned to the February 2012 Council meeting, for a further report on options related to the s94 contributions.
11/12/32	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 Farr – apology) as follows: For: Unanimous Against: Nil

ITEM - 34 MODIFICATION APPLICATION DA 2008/153 - 22 LOT SUBDIVISION, LOTS 13 TO 22 DP 1131133, FOREST ROAD, SPRING HILL

MOTION (Duffy/Wilcox)

THAT Modification Application DA 2008/153 for a 22 lot subdivision of land described as Lots 13 to 24 DP 1141144, Forest Road, Spring Hill

be granted consent subject to the following amendments to the notice of consent:

(1) Amend condition 8 to include a s94 road contribution of $2,689 towards the improvement of Strachan Road,

(2) Deletion of conditions 15, 16, 18 to 22 and 24, and

(3) Amend condition 25 (b) to permit the use of inert building material for road making activity, building, landscaping and construction works, with all other refuse to be removed from the site.

11/12/33

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 Farr – apology) as follows:

For: Unanimous

Against: Nil

ITEM - 35 RELOCATING THE GIRDER STRUCTURE OF THE OLD GASOMETER TO RAILWAY LAND AT MOLONG

MOTION (Gosper/Bleakley)

THAT Council:

1. Enter into a lease agreement with the ARTC, at a total cost of $3,470 over five years.

2. Receive a further report relating to the cost of cleaning and relocating the girder structure, assessment whether decontamination is required and identifying maintenance costs and budget.

11/12/34

Carried

	ITEM - 36 DEVELOPMENT APPLICATION 2012/65 - SUBDIVISION (TWO LOT BOUNDARY ADJUSTMENT) - LOT 108 DP 876024 AND LOT 2 DP 884022, 523 GRIFFIN ROAD, BORENORE
	Proceedings in Brief It was noted Mr Basha addressed Council on behalf of the applicant.
	MOTION (Duffy/Bleakley) THAT Council support the SEPP 1 application for DA 2012/65 for proposed subdivision (two lot boundary adjustment) at Lot 108 DP 876024 and Lot 2 DP 884022 – 523 Griffin Road, Borenore and approve the subdivision.
	Lost The Chair called for a Division of Council as required under Section 375A (3) of the Local Government Act which resulted in a vote against the motion (noting the absence of Clr Farr – apology) as follows: For: Clrs Dean, Bleakley, Walker, Culverson and Duffy Against: Clrs Dowling, MacSmith, Gosper, Wilcox, Durkin and Hyde
	MOTION (Durkin/Wilcox) THAT Council support the SEPP 1 application for DA 2012/65 for proposed subdivision (two lot boundary adjustment) at Lot 108 DP 876024 and Lot 2 DP 884022 – 523 Griffin Road, Borenore and refer the subdivision to the Department of Planning.
11/12/35	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 Farr – apology) as follows: For: Clrs Dowling, Bleakley, MacSmith, Gosper, Wilcox and Durkin. Against: Clrs Dean, Hyde, Walker, Culverson and Duffy.

It was noted the time being 11:52am that Clr Durkin left the Chambers and was not present during voting on the following Item.

ITEM - 37 Report on request for donation

MOTION (Wilcox/Culverson)

THAT Council donate an amount of $110.00 as an amount equivalent to the fees paid for Development Application 2012/24.

11/12/36

Carried

It was noted the time being 11:54am Clr Durkin rejoined the meeting.

ITEM - 38 Questions For Next Meeting

Proceedings in Brief

In response to a question by Clr Dean the General Manager advised that an update would be provided on the status of the “Orange Depot” by way of Memo.

MATTERS OF URGENCY

Clr Gosper raised the issue of the gates on the fence at the Molong Skatepark bowl which was considered to be in a life threatening state.

It was noted the time being 11:57am Julie Middleton addressed Council in relation to a proposed Fitness Walk in Canowindra until 12:24pm.

CONFIDENTIAL ITEMS

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

MOTION (Gosper/Wilcox)

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

11/12/37

Carried

ITEM - 2 OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS

Recommendation (Durkin/Walker)

THAT the information be noted.

Carried

ITEM - 3 QUARRY REVIEW COMMITTEE MEETING MINUTES

Recommendation (Bleakley/Wilcox)

THAT the report and recommendations of the Quarry Review Committee held on Monday 5^th December 2011 be adopted.

Carried

It was noted the time 12:23pm Clr Duffy left the Chambers prior to voting on Item 4 having declared an interest (identified as a General Disclosure) in Item 5 due to his son being an employee of Cadia Valley Operations.

ITEM - 4 Sale of Land for Overdue Rates - Assessment 5238.01000.2

Recommendation (Durkin/Gosper)

THAT the owners of assessment 5238.01000.2 be advised the land, Lot 1 DP 32406, will be listed for sale of land for overdue rates when it becomes eligible.

Carried

It was noted the time being 12:25pm the Director of Finance & Corporate Services declared an interest in the following due to being a shareholder in Newcrest and left the Chambers.

ITEM - 5 CADIA EAST - VOLUNTARY PLANNING AGREEMENT

Recommendation (Durkin/MacSmith)

THAT the information be noted.

Carried

It was noted the time being 12:27pm Clr Duffy and the Director of Finance & Corporate Services rejoined the meeting.

ITEM - 6 Deed of Release

RECOMMENDATION (Wilcox/Durkin)

THAT Council authorise signature and attachment of its Common Seal to the Deed of Release with Mycom Australia (The trustee ITCI Pty Ltd).

Carried

ITEM - 7 CLERGATE LAND ADJACENT

Recommendation (Duffy/Wilcox)

THAT Council authorise the General Manager to begin negotiations with the owners to determine the likely purchase price and other associated costs if the owners are prepared to sell the allotment.

Carried

ITEM - 8 Molong Health Services

Recommendation (Bleakley/Gosper)

THAT Council:

1. Advise NSW Health that this Council is not in favour of Molong Hospital becoming an Multipurpose Centre at this point in time.

2. Request that Senior staff from NSW Health visit Cabonne Council and enter into detailed discussions on the future of the Molong Hospital

3. Write to the local Federal Member and request that he get clarification of whether the Federal Government would only fund nursing home beds in an Multipurpose Centre but not fund nursing home bed in hospitals.

Carried

It was noted the time being 12:30pm the Chair resumed the Ordinary meeting.

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE

MOTION (Wilcox/Bleakley)

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

11/12/38

Carried

There being no further business, the meeting closed at 12:31pm.

CHAIRMAN.

Chairman of the Ordinary Meeting of Cabonne Council held on the 20 February, 2012 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.