Minutes of Ordinary Meeting

PRESENT Clr R Dowling (in the Chair), Clrs G Dean, N Bleakley, L MacSmith, I Gosper, S Wilcox (arriving 9:39am), A Durkin, K Walker, J Farr, J Culverson (arriving 9:41am) 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 Hyde for his unavoidable absence from the meeting. The temporary absence of Clrs Culverson and Wilcox was noted.
	MOTION (Durkin/Farr) THAT the apology tendered by Clr Hyde be accepted and the necessary leave of absence be granted.
12/05/03	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 declarations of political donations.

	ITEM - 4 MAYORAL MINUTE - APPOINTMENTS
	Proceedings in Brief Mayor – Dowling The Mayor advised he had a Mayoral Minute he wished to raise in Closed, it being a personnel matter. · 100 mile dinner · Meeting with people looking to establish new business in Cabonne · Inspected new industrial subdivision in Molong · Met with Stephen Blackadder re recruitment of new General Manager · Canowindra Balloon dinner · Met with representatives – Canowindra Ex-Services club · Attended presentation RFS medals for long service · Extra Ordinary meeting · Little River public meeting · Meeting with proponents of new business venture · Yeoval Progress meeting · Manildra Library Official opening · Committee meetings and Management Plan Budget meeting · Macquarie Pipeline consultative meeting · Task Force re Landholders meeting · BEC meeting · WBC meeting · Task Force meeting · Directors meeting · Meeting with Gelato Factory · Attended former Mayor of Wellington Council funeral · Painting of Murals at Eugowra Clr Dean · Traffic Committee · Manildra Library Official Opening · Cudal Progress meeting · Committee meeting · Consultative committee meeting · Council meeting Clr MacSmith · Council meeting · ANZAC Day service · Extra Ordinary meeting · Cargo Progress association meeting · Committee meeting · Council Information session re for new Councillors elections Clr Gosper · Council Meeting · General Manager recruitment meeting with Blackadder and panel · ANZAC Day march, service and luncheon as Mayor Representative in Orange · Council Extraordinary meeting · MAG sub committee meeting re establishing Molong Markets · MAG meeting as Council’s representative · Council’s Committee and Extra Ordinary meeting · WBC board meeting · Directors meeting · Meeting with Gelato delegates and Mayor and General Manager and the Director of Engineering & Technical Services Clr Wilcox · Council meeting · Sub committee rural land holders pipeline - Mayoral delegation · Cumnock Progress Association meeting · Australia Day meeting · Arts Out West AGM · Extra Ordinary meeting · Manildra Library Official Opening · Committee meeting · CCTAC meeting · Pipeline sub committee · Mining Related Councils · Council meeting Clr Walker · Australia Day meeting · ANZAC Day service · Extraordinary meeting · Canowindra Ex-Services Club · Tilga Heights re DA for duplex · Committee meeting · Ratepayers inspection at Swinging Bridge · Morris Park · Murals at Eugowra · AOF Board meeting · Cowra Community Consultation · Business Chamber · Golf Club concerns regarding Show Trust and Golf Club · Council meeting
	MOTION (Dowling/-) THAT the information contained in the Mayoral Minute be noted.
12/05/04	Carried

It was noted the time being 9:38am Clr Wilcox joined the meeting.

ITEM - 5 GROUPING OF REPORT ADOPTION

MOTION (Farr/Durkin)

THAT items 6 to 14 be moved and seconded

12/05/05

Carried

ITEM - 6 CONFIRMATION OF THE MINUTES

MOTION (Farr/Durkin)

THAT the minutes of the Ordinary Meeting held on Monday 16^th April 2012, Extraordinary Meeting held 30^th April 2012 and Extraordinary Meeting held 7^th May 2012 be adopted.

12/05/06

Carried

ITEM - 7 ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING

MOTION (Farr/Durkin)

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 7^th May 2012 be adopted.

12/05/07

Carried

ITEM - 8 COMMUNITY SERVICES COMMITTEE MEETING

MOTION (Farr/Durkin)

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 7^th May 2012 be adopted

12/05/08

Carried

ITEM - 9 WORKS COMMITTEE MEETING

MOTION (Farr/Durkin)

THAT the report and recommendations of the Works Committee Meeting of Cabonne Council held 7^th May, 2012 of Cabonne Council be adopted.

12/05/09

Carried

ITEM - 10 ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING

MOTION (Farr/Durkin)

THAT the report and recommendations of the Environment Services and Sustainability Committee Meeting of Cabonne Council held on 7^th May 2012 be adopted and carried Motions be noted.

12/05/10

Carried

ITEM - 11 TRAFFIC COMMITTEE 26 APRIL 2012

MOTION (Farr/Durkin)

THAT the recommendations of the Traffic Committee be adopted.

12/05/11

Carried

ITEM - 12 YEOVAL WATER SUPPLY LICENCE AGREEMENT

MOTION (Farr/Durkin)

THAT Council;

1. Enters into licence agreement no LI491467 with the Department of Primary Industries in order to occupy Crown Land for the purpose of supplying town water for Yeoval Bore B

2. Authorise its common seal to be affixed to the document

3. Agree to pay the annual rental of $431.00 (ex GST) from the water fund operational expenditure

12/05/12

Carried

ITEM - 13 EXCLUSIVE LICENCE TO QUARRY

MOTION (Farr/Durkin)

THAT Council authorise the affixing of the Common Seal to the exclusive licence to quarry agreements for the following small mines:

1. Christopherson’s Pit – S3

2. Gavin’s Pit – S 42

3. Betts Pit – N152

12/05/13

Carried

ITEM - 14 ALGA BUDGET SUBMISSION 2012-2013

MOTION (Farr/Durkin)

THAT Council receive further information on the 2012/2013 Federal Budget as information comes to hand.

12/05/14

Carried

It was noted the time being 9:41am Clr Culverson joined the meeting.

ITEM - 15 FLOOD INSURANCE MATTERS

MOTION (Bleakley/Wilcox)

THAT:

1. The actions proposed in this report be endorsed.

2. Further representations in relation to flood insurance issues be made to both the Federal & State Government.

3. A submission be made to the Insurance Council of Australia highlighting the relevant issues contained in this report.

4. The matter be taken up with the LGSA.

5. A copy of this report and Council’s resolution be provided to the Eugowra Floodplain Consultative Committee and the Molong & Canowindra Floodplain Committees.

6. A media release be issued to advise property owners and residents of the above information.

7. Council receive further reports on the matter as information comes to hand.

8. Council hold an information day at Eugowra on flood and insurance matters and invite NRMA/AIG and other insurance providers.

12/05/15

Carried

ITEM - 16 LOCAL GOVERNMENT & SHIRES ASSOCIATION - ONE ASSOCIATION

MOTION (Wilcox/Gosper)

THAT Council formally nominate the Mayor, Clr Robert Dowling, as its delegate for the postal vote for the proposed amalgamation of the Local Government Association and the Shires Association and advise the Australian Electoral Commission accordingly.

12/05/16

Carried

	ITEM - 17 CODE OF CONDUCT REVIEW
	Proceedings in Brief Council requested that a draft response be prepared by the General Manager and circulated to councillors for consideration.
	MOTION (Wilcox/Durkin) THAT Council advise of any matters it wishes raised in a submission regarding the Consultation Drafts of the new Model Code of Conduct and amendments to the Local Government Act 1993.
12/05/17	Carried

ITEM - 18 DONATIONS EQUAL TO THE REFUNDING OF COUNCIL DA FEES AND CHARGES POLICY

MOTION (Bleakley/Durkin)

THAT Council’s Donations Policy be amended to include:

1. donations equal to refunding the actual value of Council DA fees and charges as defined in option 2 of the report in instances relating to Council owned/controlled or Crown Land where the improvement would become a Council Asset; and

2. further that any request for a refund/donation of DA fees by Not-For-Profit/Community Organisation be submitted for consideration by Council with the amount to be refunded/donated to be determined on a case by case basis.

12/05/18

Carried

ITEM - 19 NOTICE OF RESCISSION MOTION - ITEM 28 APRIL COUNCIL MEETING

MOTION (Farr/Dean)

THAT the Motion resolved for Item 28 of Determination at the 16 April 2012 Council meeting being:

“THAT the matter be deferred until an onsite inspection is held on 7 May 2012.”

be rescinded.

12/05/19

Carried

ITEM - 20 Quarterly Budget Review for period from 01/01/2012 to 31/03/2012

MOTION (Farr/MacSmith)

THAT the changes in the attached review be approved by Council and updated to the present budget for 2011/2012

12/05/20

Carried

ITEM - 21 CABONNE COUNCIL DRAFT TOURISM PLAN 2012/13 TO 2021/22

MOTION (Wilcox/Durkin)

THAT Council approve for the draft Tourism Plan 2012/13 to 2021/22 to go on public display for 28 days.

12/05/21

Carried

ITEM - 22 MOLONG WATER SUPPLY EMERGENCY DROUGHT SOURCE

MOTION (Bleakley/Gosper)

THAT Council:

1. Make available an amount of $18,000 (ex GST) from Cabonne Water Supply Reserve to fund the Molong Water Supply emergency bore pump testing, water quality testing, hydrological assessment and production bore licence.

2. Include the fitting of the bore and rising main in the IWCM Strategy.

12/05/22

Carried

ITEM - 23 FINANCIAL ASSISTANCE TO MANILDRA SHOWGROUND TRUST

MOTION (Farr/Walker)

THAT Council fund the cost of the connection fees and Headworks charges to the value of $7,500 from its Four Town Sewerage funds subject to permissibility via Crown Consent and Development approval for the proposed overnight caravan stop over by the Manildra Showground Trust Sub-Committee.

12/05/23

Carried

ITEM - 24 AMSAG FORBES/CABONNE RALLY

MOTION (Gosper/Farr)

THAT:

1. Council note the Traffic Committee’s conditions of approval.

2. Council advise AMSAG to be responsible for implementing traffic control using accredited contractors.

3. AMSAG provide notices to the public and residents on the route of the event and changed traffic conditions.

12/05/24

Carried

ITEM - 25 3 lot subdivision Lot 101 DP 1113203, Freemantle Road, Gowan.

MOTION (Farr/Bleakley)

THAT Development Application 2012/084 for a three (3) lot subdivision of Lot 101 DP 1113203, Freemantle Road, Gowan be approved subject to the draft conditions of approval attached to the report.

12/05/25

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 Hyde – apology) as follows:

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

Against: Clrs MacSmith, Gosper, Wilcox.

ITEM - 26 BUSINESS PAPER ITEMS FOR NOTING

MOTION (Gosper/Walker)

THAT the balance of the items be noted.

12/05/26

Carried

It was noted the time being 10:24am Clr Farr declared an Interest (identified as a pecuniary interest) in the following Item when Clr Culverson asked a question in relation to the Manildra Tennis Club due to being an Executive Member of the Manildra Sports Trust and left the Chambers.

ITEM - 27 QUESTIONS FOR NEXT MEETING

MOTION (Duffy/Bleakley)

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 relating to on-site waste management for other areas that are not being connected to a reticulated sewerage system.

12/05/27

Carried

It was noted the time being 10:27am Clr Farr rejoined the meeting.

It was noted the time being 10:28am a presentation was made to the May Youth of the Month Ben Brown followed by an adjournment for the 2012 Daroo Awards Launch and morning tea.

It was noted the time being 11:02am Council resumed its meeting and was addressed by students from Canowindra High School and Molong Central School after which Item 28 was addressed.

	ITEM - 28 Yeoval Sewage Management
	Proceedings in Brief The Mayor advised Council that a deputation has been arranged to visit the Minister regarding the Cumnock and Yeoval Sewer Schemes on 13^th June.
	MOTION (Wilcox/Gosper) THAT Council: 1. Note the report on the Yeoval sewage management; and 2. Provide the information contained in the report to the Yeoval Progress Association and other interested individuals or groups.
12/05/28	Carried

MATTERS OF URGENCY

MATTERS OF URGENCY - BOTTLED WATER ALLIANCE

MOTION (Farr/Walker)

THAT Council immediately write to Central Tablelands Water advising that the nominated location for the installation of a filtered water refill station at Canowindra is the Canowindra Skate Park and that Council will fund the installation costs.

12/05/29

Carried

CONFIDENTIAL ITEMS

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

MOTION (Gosper/Wilcox)

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.

12/05/30

Carried

It was noted the time being 11:38am the General Manager declared a pecuniary interest in the following item being the Closed Mayoral Minute due to personal benefit and left the Chambers during consideration of the Mayor’s recommendation.

	ITEM - 11 MAYORAL MINUTE - GENERAL MANAGER'S RETIREMENT
	Recommendation (Farr/Bleakley) THAT Council endorse the Mayor’s recommendation and authorise the Mayor to finalise the appropriate arrangements noting it is a once off due to the General Manager’s time of service (26 years).
1.	Carried
	Recommendation (Culverson/Wilcox) THAT a farewell function be held for the General Manager.
2.	Carried

It was noted the time being 11:48am the General Manager rejoined the meeting and as he was to provide an update in relation to the recruitment of a new General Manager the Director of Finance & Corporate Services (who may be an applicant for the position) and all other staff were requested to leave the Chambers returning at 11:57am.

It was noted the time being 11:59am Clr Culverson declared an interest (identified as a pecuniary interest) in the following Item due to the Swift family, who were to address Council, being clients of her business and left the Chambers.

It was noted Messrs Ed and Jim Swift addressed Council until 12:26pm at which time they left the Chambers and Council considered the following item.

ITEM - 2 ECONOMIC DEVELOPMENT PROPOSAL

Recommendation (Farr/Bleakley)

THAT Council fund the balance of DA fees payable from the Business Development Assistance Vote with repayment to be 50% in 12 months and the other 50% in 18 months on an interest free basis.

Carried

It was noted the time being 12:30pm Clr Culverson rejoined the meeting.

It was noted that during the vote on the following item Clr MacSmith was not present rejoining the meeting at 12:36pm.

ITEM - 3 COUNCIL OWNED OFFICE AT 70A GASKILL STREET CANOWINDRA - LEASE

Recommendation (Durkin/Walker)

THAT Council:

1. Agree to the request for a 1 year extension to the Commercial Lease at 70A Gaskill Street Canowindra with the Current Tenant as provided by clause 29 of the Lease at the current rent until 30 June 2013.

2. Continue the Lease at such time, subject to timely rent payments, on a month to month basis as provided by clause 30a, at a market based rent amount.

Carried

It was noted at this time items 4 and 10 were considered together.

ITEM – 4 and 10 MOLONG GELATO FACTORY

Recommendation (Bleakley/Wilcox)

THAT Council decline the offer and refer the tenant to the option to purchase clauses of the lease.

Carried

ITEM - 5 PROPOSED SALE OF LAND AT LONGS CORNER ESTATE CANOWINDRA

Recommendation (Durkin/Walker)

THAT Council:

1. Offer a $10,000 cash back for Lot 6 or Lot 9 in the Longs Corner Estate.

2. Not remove the covenant requiring masonry construction.

3. Negotiate with the proposed purchaser regarding the size, scale and colour of the proposed shed.

4. Authorise the affixing of the Common Seal to the contract of sale and variation of covenant.

Carried

ITEM - 6 MOLONG VOLUNTARY PURCHASE SCHEME

Recommendation (Bleakley/MacSmith)

THAT Council:

1. Approve giving priority to the voluntary purchase of 19 Betts Street, Molong, in 2012/2013 pending funding approval from the state government.

2. Authorise the affixing of the Council seal to the land purchase contract.

3. Classify the land as operational.

Carried

It was noted the time being 12:51pm 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 - 7 LAND DEVELOPMENT SUB COMMITTEE MEETING
	MOTION (Farr/Walker) THAT the report and recommendations of the Land Development Sub Committee Meeting of Cabonne Council held on Monday 7^th May 2012 be adopted.
	AMENDMENT (Bleakley/Duffy) THAT Council take financial responsibility for the improvement, maintenance and extension of existing water and sewer infrastructure that it owns, that it is responsible for, and, that is has control over within residential boundaries.
	The amendment was put and lost. The Motion was put and carried.
	Recommendation (Farr/Walker) THAT the report and recommendations of the Land Development Sub Committee Meeting of Cabonne Council held on Monday 7^th May 2012 be adopted.
8.	Carried

ITEM - 8 QUARRY REVIEW COMMITTEE MEETING MINUTES

Recommendation (Bleakley/Wilcox)

THAT the report and recommendations of the Quarry Review Committee held on Monday 7^th May 2012 be adopted.

Carried

It was noted the time being 1:10pm Clrs Dowling and MacSmith rejoined the meeting. Clr Dowling resumed the Chair. It was noted Clr MacSmith was absent during the voting on the following item.

ITEM - 9 CANOWINDRA INDUSTRIAL ESTATE - SELLING OF BLOCKS

Recommendation (Durkin/Walker)

THAT Council:

1. Accept the offer from Greg Wythes and Paul Harper to purchase Lot 22 and 23 of the Canowindra Industrial Estate.

2. Authorise the affixing of the Common Seal to the contract of sale.

10.

Carried

It was noted the time being 1:11pm the Chair resumed the Ordinary meeting.

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE

MOTION (Culverson/Wilcox)

THAT the Report and Recommendations of the Closed Committee of the Whole Meeting held on Monday 21 May, 2012 be adopted.

12/05/31

Carried

There being no further business, the meeting closed at 1:12pm.

CHAIRMAN.

Chairman of the Ordinary Meeting of Cabonne Council held on the 25 June, 2012 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.