Minutes of Ordinary Meeting

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

Also present were the Acting General Manager (the 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 Bleakley for his unavoidable absence from the meeting.
	MOTION (Wilcox/Gosper) THAT the apology tendered by Clr Bleakley be accepted and the necessary leave of absence be granted.
12/04/01	Carried

ITEM - 2 DECLARATIONS OF INTEREST

Proceedings in Brief

There were Nil Declarations of Interest.

ITEM - 3 DECLARATIONS FOR POLITICAL DONATIONS

Proceedings in Brief

There were Nil declaration of Political Donations.

	ITEM - 4 MAYORAL MINUTE - APPOINTMENTS
	Proceedings in Brief Mayor – Dowling Meeting with ratepayers – new business development – Molong Meeting with Yeoval representatives – Yeoval Sewerage scheme Yeoval Sewerage scheme public meeting Cumnock Sewerage scheme public meeting Meeting with ratepayers and General Manager Public libraries of NSW Central West Zone conference Committee meeting Yeoval Progress meeting Balloon challenge media launch Meeting with Balloon Challenge organisers Directors meeting Opened photographic exhibition Barrie Flakelar Council meeting Clr Dean School traffic inspection at Mullion Creek and Nashdale Committee meeting Cudal Progress meeting Council meeting Clr Gosper Council meeting Represented the Mayor at the Mayoral Morning tea and welcomed visitors to the NSW Sheep dog trials Yeoval community sewer meeting Cumnock community sewer meeting Committee meeting On site inspection at Gowan Directors meeting Clr Wilcox – (January to March) Australia Day – Mullion Creek and Molong Council meeting Mullion Creek Hall Reserve Trust meeting Arts out west Extra Ordinary meeting Committee meetings Quarry review CCTA – Molong Cumnock Progress Association Council meeting Clr Hyde Council Advisory Flood management Committee MPS meeting Eugowra Committee meeting Meeting at Cudal with Clr Dean Boree Lodge units committee Eugowra 150^th celebrations committee Escort Rock Robbery “Murals Most Wanted” committee EPPA meeting re AGM reporting of all positions Called a meeting for a proposal to request delegates from Eugowra organisation re need for age self care units Council meeting Clr Walker Committee Meeting Canowindra Balloon Media Launch Concern re River park Balloon Challenge glow Council meeting Vintage car rally Tilga Heights concerns
	MOTION (Dowling/-) THAT the information contained in the Mayoral Minute be noted.
12/04/02	Carried
	MOTION (Walker/Wilcox) THAT a letter of appreciation be sent to the Age of Fishes Manager, staff and volunteers; the staff at Cowra Information Centre; members of the Canowindra Show Ground Trust; and Cabonne Council staff in relation to the Canowindra Balloon Challenge.
12/04/03	Carried

ITEM - 5 GROUPING OF REPORT ADOPTION

MOTION (Wilcox/MacSmith)

THAT items 6 to 13 be moved and seconded.

12/04/04

Carried

ITEM - 6 CONFIRMATION OF THE MINUTES

MOTION (Wilcox/MacSmith)

THAT the minutes of the Ordinary Meeting held on Monday 19^th March 2012 be adopted.

12/04/05

Carried

ITEM - 7 ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING

MOTION (Wilcox/MacSmith)

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 2^nd April 2012 be adopted.

12/04/06

Carried

ITEM - 8 COMMUNITY SERVICES COMMITTEE MEETING

MOTION (Wilcox/MacSmith)

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 2^nd April 2012 be adopted

12/04/07

Carried

ITEM - 9 ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING

MOTION (Wilcox/MacSmith)

THAT the report and recommendations of the Environment Services and Sustainability Committee Meeting of Cabonne Council held on 2^nd April 2012 be adopted and carried Motions be noted.

12/04/08

Carried

ITEM - 10 WORKS COMMITTEE MEETING

MOTION (Wilcox/MacSmith)

THAT the report and recommendations of the Works Committee Meeting of Cabonne Council held 2^nd April, 2012 of Cabonne Council be adopted.

12/04/09

Carried

ITEM - 11 MYRTLEFORD ROAD TRANSFER

MOTION (Wilcox/MacSmith)

THAT Council authorise the affixing of the common seal to the road transfer document and allow the transfer of the road to a Council Road and that the land be classified operational

12/04/10

Carried

ITEM - 12 AQUISITION OF CROWN LAND TO FACILITATE REPLACEMENT OF GOOLOOGONG BRIDGE

MOTION (Wilcox/MacSmith)

THAT Council provide concurrence in writing to the acquisition of part Lot 10 & Lot 12 DP 1169363 to facilitate the RMS bridge replacement project and Council waive any entitlement to seek compensation for the acquisition of the subject land, noting that Council does not appear to be the current trustee.

12/04/11

Carried

ITEM - 13 ONE ASSOCIATION

MOTION (Wilcox/MacSmith)

THAT an update report on progress with the One Association be provided to Council after the conduct of the Annual Conference of the Shires Association being held in June.

12/04/12

Carried

ITEM - 14 2012 National General Assembly - Cabonne Motions

MOTION (Wilcox/Hyde)

THAT Council give consideration and endorsement to the Motions relating to Road Funding-Local Roads and Impacts of Carbon Tax on Local Government and their communities to be submitted to the 2012 National General Assembly.

12/04/13

Carried

ITEM - 15 2012 SHIRES ASSOCIATION ANNUAL CONFERENCE

MOTION (Wilcox/Hyde)

THAT Council be represented at the 2012 Shires Association Annual Conference by the Mayor, or his alternate delegate, Councillors Gosper and Durkin as observers nominated by Council and the General Manager in an advisory capacity.

12/04/14

Carried

ITEM - 16 CENTROC INCLUSION OF TWO NEW PROJECTS FOR MEMBERS FOR 2012/2013

MOTION (Wilcox/Hyde)

THAT advice on the new fee structure for CENTROC be noted and referred for inclusion in the 2012/2013 draft budget.

12/04/15

Carried

ITEM - 17 Notice of Motion

Proceedings in Brief

It was noted that this item lapsed for want of a mover for the rescission motion.

ITEM - 18 NSW Rural Fire Service Review

MOTION (Duffy/Hyde)

THAT Council:

1. Note the report and receive a further progress report once available.

2. Make a submission in relation to the review of the NSW Rural Service highlighting Council’s concerns in relation to the funding and indicating a preference to retain the current arrangements with process improvements.

12/04/16

Carried

	ITEM - 19 Cumnock and Yeoval Sewerage Scheme
	MOTION (MacSmith/Wilcox) THAT Council not make a rate for the Cumnock and Yeoval Sewerage Schemes for the 2012/13 year.
12/04/17	Carried
	MOTION (Duffy/Farr) THAT Council receive a further report in relation to the effect on the four town sewer scheme due to not making a rate for the Cumnock and Yeoval sewerage schemes and its input on pegging to the Canowindra sewerage scheme.
12/04/18	Carried

ITEM - 20 Central West Libraries - Draft Management Plan and Budget 2012/2013

MOTION (Wilcox/MacSmith)

THAT Council adopt the 2012/2013 Central West Libraries Draft Management Plan.

12/04/19

Carried

ITEM - 21 PROCUREMENT FROM DISABILITY EMPLOYMENT ORGANISATIONS

MOTION (Gosper/Hyde)

THAT Council retain its procurement policy as is.

12/04/20

Carried

ITEM - 22 Draft Asset Management Policy

MOTION (Durkin/Wilcox)

THAT Council adopt the draft Asset Management Policy.

12/04/21

Carried

ITEM - 23 Manildra Library Formal Opening

MOTION (Duffy/Durkin)

THAT the Mayor and Central West Libraries Councillor Delegate and all other Councillors be authorised to attend the Formal Opening of the Manildra Library.

12/04/22

Carried

ITEM - 24 MOLONG COMMUNITY HALL DISABLED ACCESS

MOTION (Gosper/Hyde)

THAT Council staff scope the works required for disabled access to the main hall, hall toilets and installation of disabled toilets for Council consideration for possible inclusion in future budgets.

12/04/23

Carried

ITEM - 25 LEWIS PONDS RURAL FIRE SERVICE SHED ACCESS

MOTION (Wilcox/Gosper)

THAT Council approve the improvements to the Lewis Ponds RFS shed.

12/04/24

Carried

ITEM - 26 HOLMAN BRIDGE REPLACEMENT REVIEW OF ENVIRONMENTAL FACTORS

MOTION (Hyde/Culverson)

THAT Council:-

1. Notes the REF.

2. Advise RMS that it objects to the comment in section 6.1 under Socio Economic Considerations that the REF indicates that council would be responsible for any upgrades that may be required as a result of the bridge replacement.

3. Seeks special funding from RMS to assist council to carryout upgrade works on Casuarina Road plus local road 205 to accommodate the potential increase in traffic on this road.

4. Refers to its last data counts in 2011/2012 on these two roads as indicated in the report.

12/04/25

Carried

ITEM - 27 YEOVAL AND CUMNOCK SEWERAGE RETICULATION

MOTION (Farr/Walker)

THAT Council:

1. Note the report on the information meetings

2. Endorse the action plan for progress of the reticulation schemes for Yeoval and Cumnock.

3. Require the General Manager to liaise with Parkes Shire Council re effluent irrigation and s60.

12/04/26

Carried

In was noted item 29 was addressed next.

ITEM - 29 EUGOWRA MURAL PROJECT

MOTION (Hyde/Farr)

THAT:

1. Council note the information regarding the proposed Eugowra Mural Project.

2. Support the innovation of the Eugowra Promotions and Progress Association by encouraging lodgement of a development application for the whole project.

3. Assist the Eugowra community by providing ongoing assistance and advice from council staff and council’s heritage advisor.

4. Council support financially with $200 per mural with a limit of $5,000 for this project funded from the Rural Promotions Reserve.

5. If a grant is received for the project then Council reconsider this amount.

12/04/27

Carried

ITEM - 30 DEVELOPMENT APPLICATION 2005/123 - 5 LOT SUBDIVISION OF LAND OFF FREEMANTLE ROAD, GOWAN

MOTION (Hyde/Durkin)

THAT:

1. The information be noted, and

2. No further action be taken.

12/04/28

Carried

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

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

Against: Clr Duffy (abstained).

In was noted at this time Clr Durkin declared an interest (identified as a Non Significant Non-pecuniary interest) in the following item due to one of his children being enrolled at the Canowindra Preschool but did not leave the Chambers.

ITEM - 31 PROPOSED EXTENSION TO CANOWINDRA PRE SCHOOL FACILITIES - DA 2012/110

MOTION (Wilcox/Hyde)

THAT Council grant owner’s consent to the lodgement of DA 2012/110 for alterations and additions to the Canowindra Pre School located upon Lots 1 and 2 Section 3 DP 978016 Ryall Street, Canowindra.

12/04/29

Carried

ITEM - 32 BUSINESS PAPER ITEMS FOR NOTING

MOTION (Wilcox/Dean)

THAT:

1. Council further consider item 8 called by Clr Duffy.

2. The balance of the items be noted.

12/04/30

Carried

ITEM - 33 QUESTIONS FOR NEXT MEETING

MOTION (Hyde/MacSmith)

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

1. Clr Culverson requested an update report in relation to land at Clergate.

2. Clr Dean requested an update report on Council’s Orange depot.

12/04/31

Carried

MATTERS OF URGENCY

There were nil matters of urgency.

CONFIDENTIAL ITEMS

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

MOTION (Walker/Hyde)

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 individual concerned and that the press and the 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.

12/04/32

Carried

ITEM - 2 VOLUNTARY PLANNING AGREEMENT

Recommendation (Wilcox/Gosper)

THAT Council receive a further report on this matter when updated advice is available from the Department of Planning & Infrastructure.

Carried

It was noted the time being 10:18am Clrs Dowling and MacSmith declared an interest (identified in both cases as a general disclosure) in the following item due to the wife/sister being employed in real estate and left the Chambers. At this time Clr Gosper assumed the Chair.

ITEM - 3 LAND DEVELOPMENT SUB COMMITTEE MEETING

Recommendation (Duffy/Farr)

THAT:

1. The report and recommendations of the Land Development Sub Committee Meeting of Cabonne Council held on 2^nd April 2012 be adopted with the exception of item 5 which is to be referred to MADIA for comment in relation to layout and Covenants.

2. A Land Development Sub Committee meeting be held on 7 May 2012, the agenda to include the Land Development Incentive Program and the Eugowra Industrial Estate.

3. A letter be sent to Central Tablelands Water requesting that Council be provided with headworks and installation on an interest free delayed payment basis for the Manildra Subdivision.

Carried

It was noted the time being 10:28am Clrs Dowling and MacSmith joined the meeting. Clr Dowling resumed the Chair.

ITEM - 4 Cumnock and Yeoval Sewerage Schemes

Recommendation (Duffy/Durkin)

THAT the cost of the legal advice obtained in relation to this matter be reported to Council.

Carried

ITEM - 5 Yeoval Sewerage Treatment Plant

Recommendation (Gosper/Wilcox)

THAT Council grant a grazing lease rather than a licence for that portion of land acquired for the STP not occupied by Council.

Carried

It was noted the time being 10:30am the Chair resumed the Ordinary meeting.

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE

MOTION (Duffy/Dean)

THAT the Report and Recommendations of the Closed Committee of the Whole Meeting held on Monday 16 April, 2012 be adopted.

12/04/33

Carried

It was noted the time being 10:30am Council adjourned for Morning Tea resuming at 11:00am at which time a proponent and representative of the objectors addressed Council and answered questions in relation to the following Item.

	ITEM - 28 3 lot subdivision Lot 101 DP 1113203, Freemantle Road, Gowan.
	MOTION (Farr/Duffy) THAT Development Application 2012/084 for a three (3) lot subdivision of Lot 101 DP 1113203, Freemantle Road, Gowan be approved with attached conditions plus a further condition relating to a requirement for a road maintenance program to share costs by the users.
	Amendment (Culverson/MacSmith) THAT the matter be deferred until an onsite inspection is held on 7 May 2012.
	The amendment was put and carried becoming the Motion. The Chair called for a Division of Council as required under Section 375A (3) of the Local Government Act which resulted in a vote for the motion (noting the absence of Clr Bleakley – apology) as follows: For: Clrs Dowling, MacSmith, Gosper, Wilcox, Durkin, Hyde and Culverson. Against: Clrs Dean, Walker, Farr and Duffy. .
	MOTION (Culverson/MacSmith) THAT the matter be deferred until an onsite inspection is held on 7 May 2012.
12/04/34	Carried The Chair called for a Division of Council as required under Section 375A (3) of the Local Government Act which resulted in a vote for the motion (noting the absence of Clr Bleakley – apology) as follows: For: Clrs Dowling, MacSmith, Gosper, Wilcox, Durkin, Hyde, Walker, Farr and Culverson. Against: Clrs Dean and Duffy.

There being no further business, the meeting closed at 11:47pm.

CHAIRMAN.

Chairman of the Ordinary Meeting of Cabonne Council held on the 21 May, 2012 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.