Minutes of Ordinary Meeting

PRESENT Clr R Dowling (in the Chair), Clrs G Dean, I Gosper, S Wilcox, A Durkin, D Hyde, K Walker (arriving 9:33am), J Farr, J Culverson (arriving 9:38am) 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 Apologies were tendered on behalf of Clrs Bleakley and MacSmith for their unavoidable absence from the meeting. The temporary absence of Clrs Culverson and Walker was noted.
	MOTION (Hyde/Durkin) THAT the apologies tendered by Clrs Bleakley and MacSmith be accepted and the necessary leave of absence be granted.
12/08/01	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 declarations of political donations.

It was noted the time being 9:33am Clr Walker joined the meeting. At this time the Mayor temporarily left the Chambers to invite students and staff from St Edward’s School Canowindra to be in the gallery for the Council meeting.

It was noted the time being 9:38am Clr Culverson joined the meeting during discussion on the following item.

	ITEM - 4 MAYORAL MINUTE - APPOINTMENTS
	Proceedings in Brief The Mayor formally welcomed Andrew Hopkins as the new General Manager and acknowledged those Councillors not running for the upcoming election viz Clrs Duffy, Bleakley, Hyde and Farr. The Mayor also noted the recent health issue experience by Clr Dean and commended him on his rapid recovery. Mayor Dowling Rural Landholders – Task force meeting Meeting with new Chairman (Managing Director) of Golden Cross Resources Along with DFCS – met with SES Macquarie Pipeline meeting Along with DFCS met with Department Premier and Cabinet Met with Troy Grant at Canowindra Along with Clr Culverson and DES met with ratepayers Committee meetings Citizenship Ceremonies Yeoval Progress Association meeting Attended Bottle tree path opening – Canowindra Public School Orange Function centre – thank you to all committee members – Macquarie pipeline Local Government Independent review panel CENTROC Directors’ meeting Council meeting Clr Dean Committee meetings and workshop Council meeting Clr Gosper Council meeting Meeting with Finance Manager Attended Protest meeting re Anglican diocese sell off of assets at Molong Directors’ meeting Council Extra Ordinary meeting and Committee meeting Attend with the Mayor Molong Advancement Group’s monthly meetings Graeme Fleming’s Farewell dinner Directors’ meeting Clr Hyde HACC Planning meeting Self Care Units meeting – Eugowra Meeting with PTO and ratepayers re signage for Eugowra and Brochures Rural Transaction Centre Board meeting Murals Committee meeting New Self Care Units Eugowra meeting Council Heritage Advisory meeting Committee Meetings New Craft Cottage Committee meeting Welcome Golden Western Wanders charter to Eugowra stay Graeme Fleming’s Farewell dinner Katoomba, Blue Mountains City Council chambers LRTC meeting Met with Eugowra developer to meet with DES Met with Eugowra developer to meet with EDM at Eugowra with Council’s business policy Eugowra Public School Eugowra Promotion and Progress meeting Council meeting Clr Walker Committee meetings Ratepayer re cemetery Canowindra Public School Ratepayer re Main street Ratepayer re Fish Fossil Drive Relocate sign Nyrang Creek crossing Canowindra Garden Club 81^st birthday Business Chamber Council meeting
	MOTION (Dowling/-) THAT the information contained in the Mayoral Minute be noted.
12/08/02	Carried
	MOTION (Dowling/Durkin) THAT Council not hold Committee meetings in September unless determination of a DA requires a meeting of the Environmental Services and Sustainability Committee.
12/08/03	Carried

ITEM - 5 GROUPING OF REPORT ADOPTION

MOTION (Durkin/Wilcox)

THAT items 6 to 12 be moved and seconded.

12/08/04

Carried

ITEM - 6 CONFIRMATION OF THE MINUTES

MOTION (Durkin/Wilcox)

THAT the minutes of the Ordinary Meeting held on Monday 16 July 2012 and the minutes of the Extraordinary Meeting held 6 August be adopted.

12/08/05

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 6 August 2012 be adopted.

12/08/06

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 6 August 2012 be adopted.

12/08/07

Carried

ITEM - 9 RATE REVIEW COMMITTEE MEETING

MOTION (Durkin/Wilcox)

THAT the report and recommendation of the Rate Review Committee meeting of Cabonne Council held on 6 August 2012 be adopted.

12/08/08

Carried

ITEM - 10 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 6 August 2012 be adopted and carried Motions be noted.

12/08/09

Carried

ITEM - 11 WORKS COMMITTEE MEETING

MOTION (Durkin/Wilcox)

THAT the report and recommendations of the Works Committee Meeting of Cabonne Council held 6 August, 2012 be adopted.

12/08/10

Carried

ITEM - 12 BURGOON LANE

MOTION (Durkin/Wilcox)

THAT Council authorise the affixing of the Common Seal and signatures to the land transfer documents and classify the land as operational.

12/08/11

Carried

	ITEM - 13 COUNCIL PICNIC DAY
	Proceedings in Brief The Director of Finance and Corporate Services commented that the Auditors had brought to Council attention that Long Service Leave could not be used to attend the Picnic day.
	MOTION (Wilcox/Durkin) THAT: 1. Council approve the annual Picnic Day to be held on Friday 12 October 2012. 2. Council authorise the attendance of all Councillors at the Picnic Day. 3. Councillors note the cost of $52.00 each for attending the Picnic Day to be paid to the Picnic Committee from the Councillor Expense Account.
12/08/12	Carried

ITEM - 14 EMERGENCY SERVICE LEVY DISCUSSION PAPER

MOTION (Wilcox/Durkin)

THAT Council make a submission in relation to the Discussion Paper titled ‘Funding our Emergency Services.’

12/08/13

Carried

ITEM - 15 CUMNOCK SHOWGROUND SOLAR PANELS

MOTION (Wilcox/Gosper)

THAT:

1. Council accept the donation of solar panels for the Cumnock Showgrounds and act as arbitrator should any disputes arise over distributions of income via the solar system.

2. The initial distribution of income be on the basis of 85% to the Little River Landcare group and 15% to the Cumnock Show Society.

12/08/14

Carried

ITEM - 16 ALLOWING COUNCILS TO ADVERTISE BY ELECTRONIC MEANS

MOTION (Wilcox/Durkin)

THAT Council send a letter to Premier Barry O‘Farrell’s Office requesting Councils be permitted to advertise electronically.

12/08/15

Carried

ITEM - 17 Eugowra Aged Units

MOTION (Hyde/Culverson)

THAT Council support in principle the construction of additional self care accommodation for the aged at Eugowra.

12/08/16

Carried

ITEM - 18 2011/2012 MANAGEMENT PLAN

MOTION (Wilcox/Durkin)

THAT the update of the Management Plan to the 30 June 2012, as presented be adopted.

12/08/17

Carried

ITEM - 19 Modification Application for DA 2001/242 Gundamain Pastoral Company Lot 22 DP 526065, Lot 1 DP 519074, Lots 147, 167, 28 & 50 DP 750182, Paytens Bridge Road, Eugowra

MOTION (Hyde/Durkin)

THAT Modification Development Application 2001/242 for Intensive Live stock keeping (Feedlot) on Lot 22 DP 526065, Lot 1 DP 519074, Lots 147,167, 28 & 50 DP 750182, Paytens Bridge Road, Eugowra be granted consent subject to the conditions attached.

12/08/18

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 Clrs Bleakley and MacSmith – apology) as follows:

For: Unanimous

In was noted the time being 10:14am Clr Gosper declared an interest (identified as a pecuniary interest) in the following item due to being the Executor of an Estate in the west Molong area and left the Chambers.

At this time Clr Dowling declared an interest (identified as a general disclosure) in the following item due to his wife having been a real estate agent during previous consideration on this matter and left the Chambers.

	ITEM - 20 WEST MOLONG - DEVELOPMENT CONTROL REVIEW
	Proceeding in Brief In response to a question from Clr Farr the Director of Engineering and Technical Services advised that the review could be completed within three (3) months.
	MOTION (Duffy/Walker) THAT in the absence of the Mayor and Deputy Mayor Clr Farr assume the Chair.
12/08/19	Carried
	MOTION (Duffy/Hyde) THAT subject to the outcomes of the servicing strategy review for the proposed R5 zone in West Molong, that further investigation be undertaken to determine development / landuse capabilities for land west of McGroder Street while maintaining a minimum 400m buffer to the existing quarry with a view to preparing a planning proposal to amend draft Cabonne LEP 2012 in support of the implementation of a reduced buffer zone where adequate development controls can be demonstrated.
12/08/20	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 Clrs Bleakley and MacSmith – apology; and Clrs Dowling and Gosper – declared interest) as follows: For: Unanimous

It was noted the time being 10:19am Clrs Gosper and Dowling rejoined the meeting with Clr Dowling resuming the Chair.

ITEM - 21 POSSIBLE PURCHASE OF RAILWAY LAND FOR GASOMETER DISPLAY

MOTION (Durkin/Wilcox)

THAT Council investigate options regarding the possible acquisition of railway land in Watson Street north of its intersection with Euchareena Road for recreational use including interpretation of Molong Gasworks history.

12/08/21

Carried

ITEM - 22 DEVELOPMENT APPLICATION 2012/65 - SEPP 1 OBJECTION - SUBDIVISION LOT 108 DP 876024 AND LOT 2 DP 884022, 523 GRIFFIN ROAD, BORENORE

MOTION (Hyde/Durkin)

THAT Council refuses development application DA 2012/65 for proposed subdivision (two lot boundary adjustment) at Lot 108 DP 876024 and Lot 2 DP 884022 – 523 Griffin Road, Borenore on the following grounds:

a) Creation of this subdivision will diminish the potential of one of the allotments to be used for sustainable agriculture (Clauses 10 and 11 – Cabonne LEP 1991);

b) The proposal is contrary to the intent for the zone;

c) The proposal will alter the existing rural function of the land; and

d) The SEPP1 objection was not granted by the Director General of the Department of Planning and Infrastructure.

12/08/22

Carried

For: Unanimous

ITEM - 23 BUSINESS PAPER ITEMS FOR NOTING

MOTION (Gosper/Wilcox)

THAT the items be noted.

12/08/23

Carried

ITEM - 24 QUESTIONS FOR NEXT MEETING

Proceedings in Brief

There were nil requests for reports at the next Council meeting.

It was noted the time being 10:23am the Mayor made a presentation to Wayne Whiting for Outstanding Service having given 41 years service to Council.

It was noted the time being 10:33am Council adjourned for morning tea resuming at 11:03am.

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 (Gosper/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.

12/08/24

Carried

ITEM - 2 Endorsement of Proceedings of Confidential matters considered at committee of the whole meeting

Recommendation (Wilcox/Gosper)

THAT the Committee endorse the accuracy of the Report of the Proceedings of Confidential Matters at the Closed Committee of the Whole Meeting held on 16 July, 2012 and notes that the recommendations recorded in the Official Ordinary Minutes of that meeting are sufficient to state the general effect of the proceeding in Closed Committee.

Carried

ITEM - 3 OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS

Recommendation (Hyde/Wilcox)

THAT the information be noted.

Carried

It was noted, the time being 11:06am Clr Culverson declared an interest in the following item due to her sister being a land owner on the proposed pipeline route and left the Chambers.

ITEM - 4 MACQUARIE/ORANGE PIPELINE WEED MANAGEMENT MEETING MINUTES

Recommendation (Wilcox/Hyde)

THAT the information be noted.

Carried

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

ITEM - 5 LAND DEVELOPMENT SUB COMMITTEE MEETING

Recommendation (Wilcox/Farr)

THAT the report and recommendations of the Land Development Sub Committee Meeting of Cabonne Council held on 6 August 2012 be adopted and carried Motions be noted.

Carried

It was noted the time being 11:11am the Director of Finance and Corporate Services declared an interest in the following item (identified as a discretionary disclosure) due to being a shareholder in Newcrest Ltd and left the Chambers.

ITEM - 6 CADIA VOLUNTARY PLANNING AGREEMENT

Recommendation (Wilcox/Gosper)

THAT:

1. Council note the outcome of the Cadia East Voluntary Planning Agreement.

2. Council authorise the affixing of the Common Seal to the Voluntary Planning Agreement document.

3. An appropriate announcement be made in conjunction with the three Councils and Cadia Operations, following the September local government elections.

4. An inspection of the mine be authorised with the new Council in November 2012.

Carried

It was noted the time being 11:12am the Director of Finance and Corporate Services rejoined the meeting.

ITEM - 7 CANOWINDRA INDUSTRIAL ESTATE - SELLING OF BLOCKS

Recommendation (Walker/Durkin)

THAT Council decline the offer and continue to negotiate for a more acceptable price.

Carried

It was noted the time being 11:18am the Chair resumed the Ordinary meeting.

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE

MOTION (Hyde/Culverson)

THAT the Report and Recommendations of the Closed Committee of the Whole Meeting held on Monday 20 August, 2012 be adopted.

12/08/25

Carried

There being no further business, the meeting closed at 11:19am.

CHAIRMAN.

Chairman of the Ordinary Meeting of Cabonne Council held on the 24 September, 2012 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.