MINUTES OF THE Ordinary Council Meeting HELD AT THE COUNCIL CHAMBERS MOLONG ON Monday 16 July, 2012 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 FOR POLITICAL DONATIONS.. 1

ITEM - 4     MAYORAL MINUTE - APPOINTMENTS.. 1

ITEM - 5     GROUPING OF REPORT ADOPTION.. 3

ITEM - 6     CONFIRMATION OF THE MINUTES.. 3

ITEM - 7     COMMUNITY SERVICES COMMITTEE MEETING.. 4

ITEM - 8     ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING   4

ITEM - 9     ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING   4

ITEM - 10  WORKS COMMITTEE MEETING.. 4

ITEM - 11  LOCAL GOVERNMENT WEEK COMMITTEE MEETING.. 4

ITEM - 12  ORANGE CITY COUNCIL RESOURCE RECOVERY CENTRE - EUCHAREENA ROAD UP-GRADE.. 5

ITEM - 13  SEPTEMBER 2012 LOCAL GOVERNMENT ELECTIONS - CARETAKER PROVISIONS.. 5

ITEM - 14  CARAVAN PARK RULES.. 5

ITEM - 15  NUMBERS OF APPROVED SITES FOR COUNCIL'S CARAVAN PARKS   5

ITEM - 16  Council lease of part Molong Railway Station for Library operations.. 6

ITEM - 17  CABONNE COUNCIL TOURISM PLAN 2012/13 - 2021/22. 6

ITEM - 18  GASWORKS LANE TEMPORARY ROAD CLOSURE.. 6

ITEM - 19  MOLONG PONY CLUB AND MOLONG AND DISTRICT RODEO ASSOCIATION LICENCE.. 6

ITEM - 20  JOINT REGIONAL PLANNING PANEL REAPPOINTMENTS.. 6

ITEM - 21  2012 SHIRES ASSOCIATION ANNUAL CONFERENCE.. 7

ITEM - 22  DESTINATION 2036 ACTION PLAN.. 7

ITEM - 23  NSW INDEPENDENT LOCAL GOVERNMENT REVIEW PANEL.. 7

ITEM - 24  DELEGATION OF AUTHORITY.. 8

ITEM - 25  Draft Delegates to Central Tablelands Water Policy   8

ITEM - 26  EVENTS ASSISTANCE PROGRAM GRANT FUNDING APPLICATIONS   8

ITEM - 27  CARAVAN WASTE DUMP POINT IN MOLONG.. 8

ITEM - 28  ACQUISITION OF LAND FOR REALIGNMENT OF NASHDALE RAIL  OVERBRIDGE.. 9

ITEM - 29  TRAFFIC CONTROL FACILITIES AND DEVICES.. 9

ITEM - 30  FREEMANTLE ENDURANCE RIDE.. 9

ITEM - 31  RESTRICTED ACCESS VEHICLES - APPLICATIONS AND ASSESSMENTS   10

ITEM - 32  AMSAG FORBES RALLY - Post event report.. 11

ITEM - 33  Four Towns Sewer Reticulation - Decommissioning Septic Tanks. 11

ITEM - 34  ALPINE CLASSIC RALLY.. 12

ITEM - 35  ORANGE CITY COLOUR FESTIVAL.. 12

ITEM - 36  CADIA VALLEY OPERATIONS - PROPOSAL TO ESTABLISH PANUARA WASTE SERVICE.. 13

ITEM - 37  DRAFT CABONNE LOCAL ENVIRONMENTAL PLAN 2012 & DRAFT CABONNE SETTLEMENT STRATEGY 2012. 14

ITEM - 38  BUSINESS PAPER ITEMS FOR NOTING.. 16

ITEM - 39  QUESTIONS FOR NEXT MEETING.. 16

ITEMS FOR NOTATION.. 16

ITEM - 12  AUSTRALIA DAY COMMITTEE MEETINGS.. 17

ITEM - 14  TRAFFIC COMMITTEE 29 JUNE 2012. 17

MATTERS OF URGENCY.. 17

MATTER OF URGENCY - INLAND TOURISM AWARDS - COUNCIL REPRESENTATIVE   17

CONFIDENTIAL ITEMS.. 17

ITEM - 1     CARRYING OF COUNCIL RESOLUTION INTO CLOSED COMMITTEE OF THE WHOLE MEETING.. 17

ITEM - 2     OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS.. 17

ITEM - 3     GENERAL MANAGER'S APPOINTMENT.. 18

ITEM - 4     MOLONG GELATO FACTORY.. 18

ITEM - 5     REQUEST FOR FINANCIAL ASSISTANCE.. 18

ITEM - 6     sale of property.. 18

ITEM - 7     QUARRY REVIEW COMMITTEE MEETING MINUTES.. 18

ITEM - 8     MOLONG CARAVAN PARK REQUEST FOR PERMANENT RESIDENCY   18

NOTATION ITEM - 5     WBC ACTIVITIES UPDATE REPORT.. 19

ADDITIONAL ITEM - VOLUNTARY PLANNING AGREEMENT.. 19

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

 


 

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 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 Bleakley for his unavoidable absence from the meeting.

 

MOTION (Wilcox/Durkin)

 

THAT the apology tendered by Clr Bleakley be accepted and the necessary leave of absence be granted.

 

12/07/01

Carried

 

 

ITEM - 2    DECLARATIONS OF INTEREST

 

Proceedings in Brief

Clr Culverson declared an interest (identified as a pecuniary interest) in Item 19 due to the applicant contacting her business regarding future works.  Clr Duffy declared an interest (identified as a pecuniary interest) in Item 36 due to his son working at Cadia mine.  The Director of Finance & Corporate Services declared an interest in Item 36 due to being a shareholder in Newcrest Mining.

 

 

ITEM - 3    DECLARATIONS FOR POLITICAL DONATIONS

 

Proceedings in Brief

There were nil declarations of political donations.

 

 

ITEM - 4    MAYORAL MINUTE - APPOINTMENTS

 

Proceedings in Brief

The Mayor welcomed and acknowledged the presence of the incoming General Manager Andrew Hopkins who was present as an observer.

The Mayor also gave thanks to the outgoing General Manager Graeme Fleming and reflected on his career and achievements and wished him and  his family well.

Mayor – Clr Dowling

  • Opened Manildra Show Deb Ball
  • Committee meetings and inspection at Canowindra
  • Attended Road Asset Management Workshop
  • Council’s LEP Public Forum
  • Council’s LEP Councillor workshop
  • Councillor Information meeting
  • Met with ratepayer – insurance claim
  • Directors meeting
  • Council meeting

Clr Dean

  • Caravan Committee meeting
  • Cabonne Traffic committee meeting
  • Committee meetings and inspection at Canowindra
  • Council’s LEP Public Forum
  • Council’s LEP Councillor workshop
  • Councillor Interest meeting
  • Cabonne Consultative meeting
  • Council meeting

Clr MacSmith

  • Macquarie Pipeline meeting
  • Committee meetings and inspection at Canowindra
  • Council’s LEP Public Forum
  • Council’s LEP Councillor workshop
  • Met with Shadow Minister for Agriculture re Macquarie Pipeline
  • Councillor Information night
  • Cadia Mine tour
  • Cudal Lions club dinner

Clr Gosper

  • Council meeting
  • Committee meetings and inspection at Canowindra
  • Council’s LEP Public Forum
  • WBC Board meeting at Blayney
  • Council’s LEP Councillor workshop

Clr Hyde

  • Eugowra Age Self Care Units meeting
  • Committee meetings and inspection at Canowindra
  • Council’s LEP Public Forum
  • Council’s LEP Councillor workshop
  • MPS hospital advisory committee meeting
  • Australia Day meeting with Cumnock, Molong and Eugowra
  • Council meeting

Clr Wilcox

  • CCTAC
  • Committee meetings and inspection at Canowindra
  • Council’s LEP Public Forum
  • Council’s LEP Councillor workshop

Clr Culverson

  • Ordinary Council meeting
  • Community Safety Precinct Meeting – Mayoral delegation
  • Central West Libraries Committee meeting
  • Committee meetings and inspection of Canowindra
  • Community submissions to Draft LEP
  • WBC Board meeting
  • LEP workshop

 

MOTION (Dowling/-)

 

THAT the information contained in the Mayoral Minute be noted.

 

12/07/02

Carried

 

 

ITEM - 5    GROUPING OF REPORT ADOPTION

 

MOTION (Durkin/Wilcox)

 

THAT items 6 to 21 be moved and seconded.

 

12/07/03

Carried

 

 

ITEM - 6    CONFIRMATION OF THE MINUTES

 

MOTION (Durkin/Wilcox)

 

THAT the minutes of the Ordinary Meeting held on Monday 25th June 2012 be adopted.

 

12/07/04

Carried

 

 

ITEM - 7    COMMUNITY SERVICES COMMITTEE MEETING

 

MOTION (Durkin/Wilcox)

 

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

 

12/07/05

Carried

 

 

ITEM - 8    ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING

 

MOTION (Durkin/Wilcox)

 

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

 

12/07/06

Carried

 

 

ITEM - 9    ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING

 

MOTION (Durkin/Wilcox)

 

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

 

12/07/07

Carried

 

 

ITEM - 10 WORKS COMMITTEE MEETING

 

MOTION (Durkin/Wilcox)

 

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

 

12/07/08

Carried

 

 

ITEM - 11 LOCAL GOVERNMENT WEEK COMMITTEE MEETING

 

Proceedings in Brief

It was noted that the report of the Local Government Week Committee Meeting which was inadvertently not attached was tabled.

 

MOTION (Durkin/Wilcox)

 

THAT the report and recommendations of the Local Government Week Committee Meeting of Cabonne Council held on 2 July 2012 be adopted.

 

12/07/09

Carried

 

 

ITEM - 12 ORANGE CITY COUNCIL RESOURCE RECOVERY CENTRE - EUCHAREENA ROAD UP-GRADE

 

MOTION (Durkin/Wilcox)

 

THAT Council agree to a Memorandum of Understanding with Orange City Council providing the conditions and funding arrangement for Cabonne Council to undertake the upgrade works on Euchareena Road for Orange City Council.

 

12/07/10      

Carried

 

 

ITEM - 13 SEPTEMBER 2012 LOCAL GOVERNMENT ELECTIONS - CARETAKER PROVISIONS

 

MOTION (Durkin/Wilcox)

 

THAT:

 

1.   Council note the caretaker provisions in relation to the September 2012 Local Government elections.

 

2.   Advice be forwarded to all Council Senior Staff & Managers.

 

12/07/11      

Carried

 

 

ITEM - 14 CARAVAN PARK RULES

 

MOTION (Durkin/Wilcox)

 

THAT Council adopt the amendments below to the current list of adopted caravan park rules.

 

12/07/12      

Carried

 

 

ITEM - 15 NUMBERS OF APPROVED SITES FOR COUNCIL'S CARAVAN PARKS

 

MOTION (Durkin/Wilcox)

 

THAT Council note the current approved numbers of sites and direct park managers not to allow occupation in excess of the approved site numbers without express permission of Council.

 

12/07/13      

Carried

 

 

ITEM - 16 Council lease of part Molong Railway Station for Library operations

 

MOTION (Durkin/Wilcox)

 

THAT Council authorise the affixing of the Council Seal to a Lease Agreement for part of the Molong Railway Station to house the Molong Library.

 

12/07/14      

Carried

 

 

ITEM - 17 CABONNE COUNCIL TOURISM PLAN 2012/13 - 2021/22

 

MOTION (Durkin/Wilcox)

 

THAT Council approve the draft Tourism Plan 2012/13 – 2021/22.

 

12/07/15      

Carried

 

 

ITEM - 18 GASWORKS LANE TEMPORARY ROAD CLOSURE

 

MOTION (Durkin/Wilcox)

 

THAT Council approve the road closure for the period of works at the Gasworks Site, to be reopened no later than 30 September 2012.

 

12/07/16      

Carried

 

 

ITEM - 19 MOLONG PONY CLUB AND MOLONG AND DISTRICT RODEO ASSOCIATION LICENCE

 

MOTION (Durkin/Wilcox)

 

THAT:

1.  Council allow the Molong Pony Club and Molong and District Rodeo Association to hold a temporary Sub-Licence over a portion of Lot 7300, DP 1150695.

2.  the Common Seal to be affixed the Sub-Licence Agreement.

 

12/07/17      

Carried

 

 

ITEM - 20 JOINT REGIONAL PLANNING PANEL REAPPOINTMENTS

 

MOTION (Durkin/Wilcox)

 

THAT Council nominate the General Manager and the Chair of the Environmental Services and Sustainability Committee as local representatives to the western area (Cabonne) Joint Regional Planning Panel.

 

12/07/18      

Carried

 

 

ITEM - 21 2012 SHIRES ASSOCIATION ANNUAL CONFERENCE

 

MOTION (Durkin/Wilcox)

 

THAT Council support the Motions carried at the 2012 Shires Association Annual Conference and take opportunities that present themselves to support Shires Association policies through State and Federal Governments.

 

12/07/19      

Carried

 

 

ITEM - 22 DESTINATION 2036 ACTION PLAN

 

MOTION (Gosper/Durkin)

 

THAT Council:

1.   Support the conduct of a workshop on the Destination 2036 Action Plan to assist in assessing its position and developing a response to the Action Plan.

2.   Work in conjunction with its WBC Alliance partners to develop a WBC response to the Action Plan.

3.   Receive regular updates and reports in relation to Destination 2036.

12/07/20      

Carried

 

 

ITEM - 23 NSW INDEPENDENT LOCAL GOVERNMENT REVIEW PANEL

 

MOTION (Wilcox/Hyde)

THAT Council:

1.    Endorse the attendance of the Mayor & General Manager at the Independent Local Government Review Panel regional meeting in Orange on 16 August.

2.    Hold a workshop on 6 August 2012 in relation to the Independent Local Government Review Panel, in conjunction with the Destination 2036 workshop and also explore the amendments to the Local Government Act to upgrade the legal status of the WBC Strategic Alliance.

3.    Accept the provision of external facilitation by Graeme Fleming of the above mentioned workshop.

4.    Authorise the General Manager and Mayor to finalise and make a submission on behalf of Council to the Independent Local Government Review Panel.

12/07/21      

Carried

 

 

ITEM - 24 DELEGATION OF AUTHORITY

 

MOTION (Gosper/Wilcox)

 

THAT:

 

1.  Subject to not receiving direction from the Council as to the consideration of any particular matter by the Council itself and subject to the requirements of the Local Government Act 1993 and Regulations thereunder and any express policy of the Council or regulations of any public authority other than the Council and pursuant to the powers conferred on Council by s377 of the Local Government Act 1993, the General Manager, Andrew Lee Hopkins, be authorised to exercise or perform on behalf of the Council the powers, authorities, duties and functions as follows:

 

§  The powers, functions and duties of Council other than those specified in s377(1) of the Local Government Act 1993, as being not permissible to delegate.

 

2.  This resolution take effect from 5pm on Friday 3rd August 2012.

 

12/07/22      

Carried

 

 

ITEM - 25 Draft Delegates to Central Tablelands Water Policy

 

MOTION (Durkin/Hyde)

 

THAT Council adopt the draft Delegates to Central Tablelands Water Policy

 

12/07/23      

Carried

 

 

ITEM - 26 EVENTS ASSISTANCE PROGRAM GRANT FUNDING APPLICATIONS

 

MOTION (Wilcox/Dean)

 

THAT the Council approve funding for Brand Orange for 2012 Frost Fest – approved level of funding $1,000 under the Events Assistance Program.

 

12/07/24      

Carried

 

 

ITEM - 27 CARAVAN WASTE DUMP POINT IN MOLONG

 

MOTION (Gosper/MacSmith)

 

THAT Council not approve a caravan waste dump point at the Molong Showground but review the potential to install a caravan waste dump point at the Molong Caravan Park.

 

12/07/25      

Carried

 

 

ITEM - 28 ACQUISITION OF LAND FOR REALIGNMENT OF NASHDALE RAIL  OVERBRIDGE

 

MOTION (Wilcox/MacSmith)

 

THAT Council:

1.  compensate the owners of Lot 118 DP 615013 the sum of $8500.00 for the acquisition of the subject land.

2.  compensate the owners of Lot 4 DP 848713 the sum of $4900.00 for the acquisition of the subject land.

3.  pay all legal costs associated with the purchase of both parcels of land.

4.  pay all survey, production fees and plan lodgement fees associated with the purchase of both parcels of land.

5.  affix the Common Seal to transfer documents associated with the purchase of both parcels of land.

6.  Classify the land as operational.

 

12/07/26      

Carried

 

 

ITEM - 29 TRAFFIC CONTROL FACILITIES AND DEVICES

 

MOTION (Farr/Walker)

 

THAT Council:

1.  Facilitate consultation between the RMS, the Molong community and school regarding the pedestrian crossing at the intersection of Edward and Molong Streets, including the location and type of crossings being proposed at the intersection

2.  Contact the Nashdale School Principal regarding the need for the chicane to establish if the child proof gate lock is working

3.  Support the project for the proposed pedestrian facility in Kiewa Street, Manildra with the design to be subject to consultation with MADIA and shop owners noting that RMS approval is required.

12/07/27      

Carried

 

 

ITEM - 30 FREEMANTLE ENDURANCE RIDE

 

MOTION (Durkin/Hyde)

 

THAT the Freemantle Endurance Ride be approved subject to:

 

a.   Development and implementation of a Traffic Management Plan, including a risk management plan, and Council to be provided with copies

b.   Australian Road Rules are to be observed by competitors at all times

c.   Written approval obtained from the NSW Police and Bathurst Regional Council

d.   Council to be provided with a copy of $20M Public Liability Insurance Policy indicating Cabonne Council’s interests, with the date and location of the event

e.   The event organiser is to notify all Emergency Services of the event

f.    The event organiser is to notify all business proprietors and residents affected by the event at least 7 days prior to the event.

g.   The event organiser is to comply with the requirements of the “Guide to Traffic and Transport Management for Special Events” (Roads and Maritime Service, version 3.4), 2 August 2006, for a Class 2 event.

12/07/28      

Carried

 

 

ITEM - 31 RESTRICTED ACCESS VEHICLES - APPLICATIONS AND ASSESSMENTS

 

MOTION (Gosper/Wilcox)

 

THAT Council:

1.  Refer the request to the RMS to gazette Spring Hill Road from Orange City Council boundary to Blayney Shire Council boundary as 19m B-Double access to the Traffic Committee.

2.  Refer the request to the RMS to gazette Cowriga Road from Spring Hill Road to “Avondale” Dairy, 306 Cowriga Road as 19m B-Double access to the Traffic Committee.

3.  Request the RMS to gazette Longs Corner Road from MR377 The Escort Way to MR310 Canowindra Road as 19m B-Double access.

4.  Request the RMS to gazette Obley Road from MR233 Renshaw McGirr Way to LR104 Gundong Road as 25m B-Double access subject to:

a.   Travel not permitted on school days between 8.00-9.30am and 2.30-4.00pm.

b.   80km/h speed limit applies outside the town limits.

5.   Reject the application for Burrendong Way on the grounds contained in the re-evaluation and inform the applicant in writing.

 

12/07/29      

Carried

 

 

ITEM - 32 AMSAG FORBES RALLY - Post event report

 

MOTION (Hyde/MacSmith)

 

THAT Council:

1.  Note the report on the AMSAG Forbes Rally.

 

2.  Develop an Special Events guideline for the AMSAG and similar on-road events in consultation with the Economic Development Manager.

 

3.  Approve liaison with Forbes Council in developing conditions for future AMSAG events.

 

4.  Forward the petition as its relates to Forbes ratepayers to Forbes Shire Council.

 

5.  Receive a copy of the Special Events Guidelines for consideration.

 

12/07/30      

Carried

 

 

ITEM - 33 Four Towns Sewer Reticulation - Decommissioning Septic Tanks.

 

MOTION (Farr/Wilcox)

 

That the matter be adjourned until after presentation of the Youth of the Month Award and morning tea.

 

12/07/31      

Carried

 

 

It was noted the time being 10:23am a presentation was made to the Youth of the Month for February Grace Evans after which morning tea was taken resuming at 10:45am.

 

 

MOTION (Culverson/Durkin)

 

THAT Council:

1.   Provide assistance to all land owners in Yeoval and Cumnock for the decommissioning of the septic tank and that assistance with an upper limit of $500 per property include:

a.      Pump out

b.      Disinfection of tank

c.       Provision of suitable backfill material

d.      “Breaking in” of tank and backfilling.

2.   Continue to connect grey water to the new system where the line is in close proximity to the black line (nominal 5m) and where the connection provides adequate fall as part of the “works”.

12/07/32      

Carried

 

It was noted the time being 11:00am Chris McCulloch from the Central West Management Authority made a presentation to Council until 11:30am.

 

It was noted the time being Clr Culverson left the Chambers and was absent during voting on the following Items 34, 35 and 36.

 

 

ITEM - 34 ALPINE CLASSIC RALLY

 

MOTION (Hyde/Wilcox)

 

1.   THAT the Alpine Classic Rally be approved subject to:

a.    Development and implementation of a Traffic Management Plan, including a risk management plan, and Council to be provided with copies.

b.    Australian Road Rules are to be observed by competitors at all times.

c.    Written approval obtained from the NSW Police, Bathurst Regional Council, Blayney Shire Council, Cowra Shire Council, Lithgow City Council, Oberon Shire Council, Orange City Council and RMS.

d.    Council to be provided with a copy of $20M Public Liability Insurance Policy indicating Cabonne Council’s interests, with the date and location of the event.

e.    The event organiser is to notify all Emergency Services of the event.

f.     The event organiser is to notify all business proprietors and residents affected by the event at least 7 days prior to the event.

g.    The event organiser is to comply with the requirements of the “Guide to Traffic and Transport Management for Special Events” (Roads and Maritime Service, version 3.4), 2 August 2006, for a Class 2 event.

12/07/33      

Carried

 

 

ITEM - 35 ORANGE CITY COLOUR FESTIVAL

 

MOTION (Wilcox/MacSmith)

 

THAT Orange City Colour Festival be approved subject to:

a.    Development and implementation of a Traffic Management Plan, including a risk management plan, and Council to be provided with copies.

b.    Australian Road Rules are to be observed by competitors at all times.

c.    Written approval obtained from the NSW Police and Orange City Council.

d.    Council to be provided with a copy of $20M Public Liability Insurance Policy indicating Cabonne Council’s interests, with the date and location of the event.

e.    The event organiser is to notify all Emergency Services of the event.

f.     The event organiser is to notify all business proprietors and residents affected by the event at least 7 days prior to the event.

g.    The event organiser is to reimburse Council for the expenses incurred to advertise road closures.

h.    The event organiser is to comply with the requirements of the “Guide to Traffic and Transport Management for Special Events” (Roads and Maritime Service, version 3.4), 2 August 2006, for a Class 2 event.

12/07/34      

Carried

 

It was noted, the time being 11:36am Clr Duffy and the Director of Finance & Corporate Services declared an interest in the following Item; (identified as a general disclosure and perceived conflict of interest respectively) due to Clr Duffy’s son being an employee at Cadia and the Director being a shareholder in Newcrest Mining and left the Chambers.

 

 

ITEM - 36 CADIA VALLEY OPERATIONS - PROPOSAL TO ESTABLISH PANUARA WASTE SERVICE

 

MOTION (Wilcox/Durkin)

 

THAT Council continue discussions with Cadia Valley Operations, Blayney Council and the Cadia Consultative Committee to investigate provision of a regular waste service to landowners surrounding the Cadia Mine.

 

12/07/35      

Carried

 

It was noted, the time being 11:37am Clr Duffy and the Director of Finance & Corporate Services rejoined the meeting; with Clr Culverson rejoining at 11:38am.

 

It was noted the time being 11:53am when McGroder Street was raised during consideration on the following Item the Mayor, Deputy Mayor and Clr MacSmith declared an interest (identified as perceived, pecuniary and perceived interests respectively) due to Clr Dowling having a distant relative as a landowner on that street; Clr Gosper being the executor of an estate for land in that area; and Clr MacSmith having a distant relative as a landowner on that street and left the Chambers.  At that time it was resolved for Clr Farr to assume the Chair. 

 

 

ITEM - 37 DRAFT CABONNE LOCAL ENVIRONMENTAL PLAN 2012 & DRAFT CABONNE SETTLEMENT STRATEGY 2012

 

MOTION (Wilcox/Hyde)

 

THAT Clr Farr assume the Chair in the absence of the Mayor and Deputy Mayor.

 

12/07/36      

Carried

 

 

It was noted the time being 12noon Clrs Dowling, Gosper and MacSmith rejoined the meeting to vote on the matter with Clr Dowling resuming the Chair.

 

 

MOTION (Wilcox/MacSmith)

 

THAT Council:

 

1.       Approves the Draft Cabonne Settlement Strategy 2012 (March 2012 exhibited version with any amendments set out or implied in this report) and agrees to forward the strategy to the Department of Planning and Infrastructure (after amendments are incorporated) for endorsement by the Director-General;

 

2.       Considers the Draft Plan’ is consistent with the adopted land use strategies for Cabonne including, but not limited to:

a.     Councils of Blayney, Cabonne and Orange City (2008) Sub-Regional Rural and Industrial Land Use Strategy – including the Local Profile, Issues Paper & Final Strategy;

b.     Cabonne Council (March 2012 ) Cabonne Settlement Strategy 2012 (with amendments set out in this report); and

c.      Cabonne Council, Community Heritage Study;

 

3.       Acknowledges that the  Draft Plan has been prepared in accordance with the provisions of the Environmental Planning & Assessment Act 1979 (‘EP&A Act’) including but not limited to the requirements under (former) Section 68 to:

a.     Comply with the provisions of (former) Sections 66 and 67 relating to public involvement in the preparation of the Draft Plan;

b.     Specify the environmental planning instruments and directions under Section 117 that have been taken into consideration;

c.      Give details of any inconsistency between the Draft Plan and any instrument or direction and the reasons justifying the inconsistency;

 

4.       Approves the exhibited Draft Plan (with amendments set out in this report) for the purposes of and in accordance with (former) Section 68 of the EP&A Act;

 

5.       Has considered whether a public hearing under (former) Section 68 of the EP&A Act is required and Council has determined that no submissions have requested a public hearing and/or no issues raised in the submissions are of such significance that they should be the subject of a public hearing (that is additional to the presentations made to Council on Tuesday, 3 July 2012);

 

6.       Forwards the Draft Plan (after approved amendments are incorporated) and all supporting documentation to the Director-General of the Department of Planning & Infrastructure requesting that a report be prepared under (former) Section 69 of the EP&A Act for the Minister to make the local environmental plan under (former) Section 70 of the EP&A Act;

 

7.       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;

 

8.       Provides the General Manager with the authorisation to make minor technical and legal amendments to the adopted Draft Plan arising out of consultation with the Director-General and the Department of Planning & Infrastructure as well as other key government agencies that enable this plan to be made;

 

9.       Continue to pursue discussions with the Department of Planning & Infrastructure to have a clause available for future inclusion in the Draft Plan that will provide the means to consent to intensive agriculture with an ancillary dwelling on a lot size below the current minimum lot size for rural lands in the Draft Plan;

 

10.    Gives in-principle support for Council’s forward work program highlighted in this report to further respond to issues raised in submissions to the Draft LEP.  This work program highlights further studies and investigations that may amend the existing land use strategies and may be used to support future planning proposals to amend the Draft Plan (if required).  The preparation of these studies and investigations is subject to Council identifying and approving the necessary resourcing and funding for these projects, including that:.

 

a.     Council will review the funds available and allocate a minimum additional $50,000 in the 2012/13 year to accelerate investigations into further issues that were raised as part of the Public Forum and agreed to at the workshop.

 

b.     Council will allocate additional funds at the 2013/14 budget to accelerate issues identified at the Public Forum and the workshop, which due to time constrains or funds could not be commenced in 2012/13.

11.    Ensure a response is provided to all who made a submission to the LEP process.

12.    Ensure that the workshop notes are distributed after the final checking and correction.

 

12/07/37      

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.

 

 

It was noted at this time the Chair welcomed Mr Andrew Gee MP Member for Orange who announced that Council’s application under the Local Infrastructure Renewal Scheme had been successful in being granted a 4% interest subsidy on a $2.5M loan for the Four Town Sewer scheme project.

.

 

ITEM - 38 BUSINESS PAPER ITEMS FOR NOTING

 

MOTION (Wilcox/Hyde)

 

THAT:

1.  Council further consider Item 12 called by the Mayor, Item 14 called by Clr Culverson and Item 15 called by Clr Farr.

2.  Item 5 be considered in Closed under the provisions of s.10A(2) of the Local Government Act relating to personnel matters.

3.  The balance of the items be noted.

12/07/38      

Carried

 

 

ITEM - 39 QUESTIONS FOR NEXT MEETING

 

Proceedings in Brief

Clr Farr advised he wished to raise an Item in Closed relating to the proposed Manildra Residential Estate.  Discussion on the matter did not result in a resolution.

 

MOTION (Farr/Hyde)

 

THAT Council receive a report at the August works Committee meeting in relation to the Manildra STP with the report to include costings and time frames relating to: negotiations with the landowner re the irrigation system, ownership of the land  and access and creek roadworks.

 

12/07/39      

Carried

 

ITEMS FOR NOTATION

 

ITEM - 12 AUSTRALIA DAY COMMITTEE MEETINGS

 

MOTION (Dowling/Hyde)

THAT the matter of having a centralised Australia Day event be deferred for consideration by the newly elected Council.

12/07/40      

Carried

 

 

ITEM - 14 TRAFFIC COMMITTEE 29 JUNE 2012

 

MOTION (Culverson/Gosper)

THAT a letter of congratulations be sent to the staff member responsible for the noted improvement in the Agenda for this committee.

12/07/41      

Carried

 

MATTERS OF URGENCY

 

MATTER OF URGENCY - INLAND TOURISM AWARDS - COUNCIL REPRESENTATIVE

 

MOTION (Hyde/Dean)

 

THAT Clr Durkin be Council’s authorised representative at the Inland Tourism Awards to be held on 28 July 2012 at Mudgee.

 

12/07/42      

Carried

 

CONFIDENTIAL ITEMS

 

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

 

MOTION (Farr/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.

 

12/07/43      

Carried

 

 

ITEM - 2    OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS

 

Recommendation (Farr/Hyde)

 

THAT the information be noted.

 

1.

Carried

 

*

ITEM - 3    GENERAL MANAGER'S APPOINTMENT

 

Recommendation (Wilcox/Dean)

 

THAT Council:

 

1.   Confirm its policies in relation to the provision of facilities as outlined in the report and the confidential Proceedings in Brief.

 

2.   Defer the completion the Performance Agreement (section B) for the incoming Council.

 

2.

Carried

 

*

ITEM - 4    MOLONG GELATO FACTORY

 

Recommendation (Culverson/Duffy)

 

THAT Council seek legal advice in relation to the lease conditions from a perspective as noted in the confidential Proceedings in Brief.

 

3.

Carried

 

 

ITEM - 5    REQUEST FOR FINANCIAL ASSISTANCE

 

Recommendation (Farr/Walker)

 

THAT Council offer the ratepayers referred to in the report a 2 year interest free period for payment of the headworks fees.

 

4.

Carried

 

 

ITEM - 6    sale of property

 

Recommendation (Wilcox/Durkin)

 

THAT that Council authorise the sale of the property in this report in the price range documented in the report.

 

5.

Carried

 

 

ITEM - 7    QUARRY REVIEW COMMITTEE MEETING MINUTES

 

Recommendation (Wilcox/Durkin)

 

THAT the report and recommendations of the Quarry Review Committee held on Monday 2nd July 2012 be adopted.

 

6.

Carried

 

 

ITEM - 8    MOLONG CARAVAN PARK REQUEST FOR PERMANENT RESIDENCY

 

Recommendation (Gosper/Wilcox)

 

THAT the applicant referred to in the report, currently a casual resident at the Molong caravan park, be approved as a permanent resident at the park provided that the applicant abides by Council’s adopted caravan park rules and entered into an appropriate written tenancy agreement with Council.

 

7.

Carried

 

 

NOTATION ITEM - 5   WBC ACTIVITIES UPDATE REPORT

 

Recommendation (Farr/Wilcox)

THAT Council agree to the extension of the Employment Contract for the WBC Executive Officer for a further two (2) years.

 

8.

Carried

 

It was noted the time being 12:40pm the Director of Finance & Corporate Services declared an interest in the following item due to being a share holder in Newcrest Mining and left the Chambers.  Clr Duffy indicated he had a letter from the Division of Local Government which advised him that he did not need to declare an interest in this matter as it did not involve Cadia directly and did not leave the Chambers.

 

*

ADDITIONAL ITEM - VOLUNTARY PLANNING AGREEMENT

 

It was noted the time being 12:43pm the Director of Finance & Corporate Services rejoined the meeting.

 

It was noted the time being 12:52pm the Chair resumed the Ordinary meeting.

 

 

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE

 

MOTION (Wilcox/Hyde)

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

 

12/07/44      

Carried

 

 

There being no further business, the meeting closed at 12:52pm.

 

 

CHAIRMAN.

 

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