MINUTES OF THE Ordinary Council Meeting HELD AT THE COUNCIL CHAMBERS MOLONG ON Monday 16 July, 2012 COMMENCING AT 9.30am
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TABLE OF CONTENTS
ITEM - 1 APPLICATIONS FOR LEAVE OF ABSENCE
ITEM - 2 DECLARATIONS OF INTEREST
ITEM - 3 DECLARATIONS FOR POLITICAL DONATIONS
ITEM - 4 MAYORAL MINUTE - APPOINTMENTS
ITEM - 5 GROUPING OF REPORT ADOPTION
ITEM - 6 CONFIRMATION OF THE MINUTES
ITEM - 7 COMMUNITY SERVICES COMMITTEE MEETING
ITEM - 8 ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING
ITEM - 9 ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING
ITEM - 10 WORKS COMMITTEE MEETING
ITEM - 11 LOCAL GOVERNMENT WEEK COMMITTEE MEETING
ITEM - 12 ORANGE CITY COUNCIL RESOURCE RECOVERY CENTRE - EUCHAREENA ROAD UP-GRADE
ITEM - 13 SEPTEMBER 2012 LOCAL GOVERNMENT ELECTIONS - CARETAKER PROVISIONS
ITEM - 15 NUMBERS OF APPROVED SITES FOR COUNCIL'S CARAVAN PARKS
ITEM - 16 Council lease of part Molong Railway Station for Library operations
ITEM - 17 CABONNE COUNCIL TOURISM PLAN 2012/13 - 2021/22.
ITEM - 18 GASWORKS LANE TEMPORARY ROAD CLOSURE
ITEM - 19 MOLONG PONY CLUB AND MOLONG AND DISTRICT RODEO ASSOCIATION LICENCE
ITEM - 20 JOINT REGIONAL PLANNING PANEL REAPPOINTMENTS..
ITEM - 21 2012 SHIRES ASSOCIATION ANNUAL CONFERENCE
ITEM - 22 DESTINATION 2036 ACTION PLAN
ITEM - 23 NSW INDEPENDENT LOCAL GOVERNMENT REVIEW PANEL
ITEM - 24 DELEGATION OF AUTHORITY
ITEM - 25 Draft Delegates to Central Tablelands Water Policy
ITEM - 26 EVENTS ASSISTANCE PROGRAM GRANT FUNDING APPLICATIONS
ITEM - 27 CARAVAN WASTE DUMP POINT IN MOLONG
ITEM - 28 ACQUISITION OF LAND FOR REALIGNMENT OF NASHDALE RAIL OVERBRIDGE
ITEM - 29 TRAFFIC CONTROL FACILITIES AND DEVICES
ITEM - 30 FREEMANTLE ENDURANCE RIDE
ITEM - 31 RESTRICTED ACCESS VEHICLES - APPLICATIONS AND ASSESSMENTS
ITEM - 32 AMSAG FORBES RALLY - Post event report
ITEM - 33 Four Towns Sewer Reticulation - Decommissioning Septic Tanks.
ITEM - 34 ALPINE CLASSIC RALLY
ITEM - 35 ORANGE CITY COLOUR FESTIVAL
ITEM - 36 CADIA VALLEY OPERATIONS - PROPOSAL TO ESTABLISH PANUARA WASTE SERVICE
ITEM - 37 DRAFT CABONNE LOCAL ENVIRONMENTAL PLAN 2012 & DRAFT CABONNE SETTLEMENT STRATEGY 2012
ITEM - 38 BUSINESS PAPER ITEMS FOR NOTING
ITEM - 39 QUESTIONS FOR NEXT MEETING
ITEM - 12 AUSTRALIA DAY COMMITTEE MEETINGS
ITEM - 14 TRAFFIC COMMITTEE 29 JUNE 2012
MATTER OF URGENCY - INLAND TOURISM AWARDS - COUNCIL REPRESENTATIVE
ITEM - 1 CARRYING OF COUNCIL RESOLUTION INTO CLOSED COMMITTEE OF THE WHOLE MEETING
ITEM - 2 OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS
ITEM - 3 GENERAL MANAGER'S APPOINTMENT
ITEM - 4 MOLONG GELATO FACTORY
ITEM - 5 REQUEST FOR FINANCIAL ASSISTANCE
ITEM - 7 QUARRY REVIEW COMMITTEE MEETING MINUTES
ITEM - 8 MOLONG CARAVAN PARK REQUEST FOR PERMANENT RESIDENCY
NOTATION ITEM - 5 WBC ACTIVITIES UPDATE REPORT
ADDITIONAL ITEM - VOLUNTARY PLANNING AGREEMENT
REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE
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.
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Proceedings in Brief An apology was tendered on behalf of Clr Bleakley for his unavoidable absence from the meeting. |
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THAT the apology tendered by Clr Bleakley be accepted and the necessary leave of absence be granted.
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12/07/01 |
Carried |
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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. |
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Proceedings in Brief There were nil declarations of political donations. |
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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
Clr Dean
Clr MacSmith
Clr Gosper
Clr Hyde
Clr Wilcox
Clr Culverson
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THAT the information contained in the Mayoral Minute be noted.
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12/07/02 |
Carried |
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THAT items 6 to 21 be moved and seconded.
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12/07/03 |
Carried |
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THAT the minutes of the Ordinary Meeting held on Monday 25th June 2012 be adopted.
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12/07/04 |
Carried |
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THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 2nd July 2012 be adopted
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12/07/05 |
Carried |
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THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 2nd July 2012 be adopted.
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12/07/06 |
Carried |
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THAT the report and recommendations of the Works Committee Meeting of Cabonne Council held 2nd July, 2012 of Cabonne Council be adopted.
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12/07/08 |
Carried |
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Proceedings in Brief It was noted that the report of the Local Government Week Committee Meeting which was inadvertently not attached was tabled. |
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THAT the report and recommendations of the Local Government Week Committee Meeting of Cabonne Council held on 2 July 2012 be adopted.
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12/07/09 |
Carried |
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THAT Council adopt the amendments below to the current list of adopted caravan park rules.
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12/07/12 |
Carried |
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THAT Council approve the draft Tourism Plan 2012/13 – 2021/22.
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12/07/15 |
Carried |
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THAT Council approve the road closure for the period of works at the Gasworks Site, to be reopened no later than 30 September 2012.
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12/07/16 |
Carried |
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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.
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12/07/18 |
Carried |
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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.
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12/07/19 |
Carried |
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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 |
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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 |
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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.
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12/07/22 |
Carried |
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ITEM - 25 Draft Delegates to Central Tablelands Water Policy |
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THAT Council adopt the draft Delegates to Central Tablelands Water Policy
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12/07/23 |
Carried |
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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.
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12/07/25 |
Carried |
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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 |
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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 |
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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.
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12/07/30 |
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.
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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 |
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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.
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.
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.
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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 |
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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. |
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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.
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12/07/39 |
Carried |
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THAT the matter of having a centralised Australia Day event be deferred for consideration by the newly elected Council. |
12/07/40 |
Carried |
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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 |
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THAT the information be noted.
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1. |
Carried |
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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.
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2. |
Carried |
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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.
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3. |
Carried |
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THAT Council offer the ratepayers referred to in the report a 2 year interest free period for payment of the headworks fees.
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4. |
Carried |
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Recommendation (Wilcox/Durkin)
THAT that Council authorise the sale of the property in this report in the price range documented in the report.
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5. |
Carried |
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Recommendation (Wilcox/Durkin)
THAT the report and recommendations of the Quarry Review Committee held on Monday 2nd July 2012 be adopted.
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6. |
Carried |
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THAT Council agree to the extension of the Employment Contract for the WBC Executive Officer for a further two (2) years.
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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.
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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.
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THAT the Report and Recommendations of the Closed Committee of the Whole Meeting held on Monday 16 July, 2012 be adopted.
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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.