MINUTES OF THE Ordinary Council Meeting HELD AT THE COUNCIL CHAMBERS MOLONG ON Monday 24 September, 2012 COMMENCING AT 09:30am
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ITEM - 1 ACKNOWLEDGEMENT OF COUNTRY
ITEM - 2 APPLICATIONS FOR LEAVE OF ABSENCE
ITEM - 3 DECLARATIONS OF INTEREST
ITEM - 4 DECLARATIONS OF POLITICAL DONATIONS
ITEM - 5 MAYORAL ELECTIONS PROCEDURES 2012
ITEM - 6 ELECTION OF MAYOR 2012/13 TERM
ITEM - 7 ELECTION OF DEPUTY MAYOR 2012/13 TERM
ITEM - 8 DESTRUCTION OF BALLOT PAPERS
ITEM - 9 COUNCIL DECLARATION OF OFFICE AND OATH OF ALLEGIANCE
ITEM - 10 DELEGATION TO THE MAYOR AND DEPUTY MAYOR, (IN THE MAYOR'S ABSENCE)
ITEM - 11 AUTHORISATION OF MEETING CHAIRPERSON WITH POWERS OF EXPULSION AND REMOVAL
ITEM - 13 OTHER COUNCIL COMMITTEES THAT MEET AS AND WHEN REQUIRED
ITEM - 14 DELEGATES TO OTHER ORGANISATIONS - FOR THE TERM OF COUNCIL
ITEM - 15 DELEGATES TO OTHER ORGANISATIONS - COMMUNITY PEAK ORGANISATIONS
ITEM - 16 DELEGATES TO OTHER ORGANISATIONS - FOR THE YEAR 2012/13
ITEM - 17 ALTERNATE DELEGATE TO COMMITTEES OTHER THAN COUNCIL COMMITTEES
ITEM - 18 FIXING THE DATE AND TIME OF REGULAR MEETINGS OF COUNCIL AND VARIOUS COMMITTEE MEETINGS
ITEM - 19 CONFIRMATION OF THE MINUTES
ITEM - 20 DIVISION OF LOCAL GOVERNMENT COUNCILLOR WORKSHOPS
ITEM - 22 DELEGATIONS BY COUNCIL UNDER THE NOXIOUS WEEDS ACT 1993
ITEM - 23 SPECIAL DISCLOSURE OF PECUNIARY INTERESTS FORM..
ITEM - 24 COUNCILLORS EXPENSES AND ATTENDANCES REPORTING
ITEM - 25 YEOVAL PUBLIC HOLIDAY
ITEM - 30 YEOVAL PUBLIC HOLIDAY - SUBMISSIONS
ITEM - 26 EVENTS AND SPECIAL PROJECTS FUNDING ASSISTANCE
ITEM - 28 BUSINESS PAPER ITEMS FOR NOTING
ITEM - 2 Resolutions Register - InfoCouncil - Outstanding Actions
ITEM - 29 QUESTIONS FOR NEXT MEETING
ITEM - 1 CARRYING OF COUNCIL RESOLUTION INTO CLOSED COMMITTEE OF THE WHOLE MEETING
ITEM - 2 OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS
ITEM - 3 REQUEST FOR CONSIDERATION OF WATER CONSUMPTION COSTS - ACCOUNT 4054.30000.1
ITEM - 4 ABANDONMENT OF RATES AND WATER/SEWER AMOUNTS 2011/2012
REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE
PRESENT Clr R Dowling (in the Chair initially as departing Mayor), Clr I Gosper (in the Chair following election), Clrs G Dean, M Nash, L MacSmith, M Hayes, G Smith, S Wilcox, A Durkin, G Treavors, K Walker, I Davison and J Culverson.
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 The departing Mayor recited an Acknowledgement of Country in accord with Council’s Code of Meeting Practice policy. |
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Proceedings in Brief There were nil apologies tendered. |
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Proceedings in Brief Clr Culverson declared an interest (identified as a pecuniary interest) in Item 27 due to her sister owning property on the proposed pipeline route. |
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Proceedings in Brief There were nil declarations of political donations. |
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Proceedings in Brief It was noted the time being 9:35am the departing Mayor declared the position of Mayor vacant and handed over to the General Manager as Returning Officer. |
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THAT: 1. Council re-affirm its previous practice of conducting voting for the positions of Mayor and Deputy Mayor by preferential ballot where three or more nominations are received, otherwise by ordinary ballot. 2. Details of the voting for the positions of Mayor and Deputy Mayor not be made public. |
Carried |
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Proceedings in Brief The General Manager advised that only one (1) nomination for the position of Mayor had been received, that being Clr Ian Gosper: as such an election would not be required. Clr Gosper confirmed his acceptance of the nomination for the position of Mayor. There being no other nominations for the position, the General Manager declared Clr Ian Gosper duly elected as the Mayor of Cabonne Council for the ensuing term. |
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Proceedings in Brief The General Manager advised that there had been two (2) nominations for the position of Deputy Mayor, that being from Clrs Culverson and MacSmith. Both councillors confirmed their acceptance of the nomination for the position of Deputy Mayor. The General Manager advised that in these circumstances it was necessary to conduct an ordinary ballot. The ballot was then conducted. The General Manager announced that a count and double check of the votes resulted in Clr Lachlan MacSmith receiving the most votes. The General Manager as Returning Officer declared Clr MacSmith duly elected as the Deputy Mayor of Cabonne Council for the ensuing term. |
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THAT Ballot Papers for the positions of Mayor and Deputy Mayor be destroyed upon the completion of formalities associated with the respective Ballots. |
12/09/02 |
Carried |
It was noted the time being 9:47am Clr Gosper assumed the Chair as the newly elected Mayor.
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THAT: 1. The Standing Committees be on a panel system with core Members for the 2012/2013 year as follows: Panel A Clrs G Dean, I Gosper, M Hayes, M Nash, G Smith and K Walker. a. Works Committee b. Community Services Committee c. Audit Committee d. Rate Review Committee Panel B Clrs J Culverson, I Davison, A Durkin, L MacSmith, G Treavors, and S Wilcox. a. Environmental Services and Sustainability Committee b. Economic Development and Tourism Committee |
12/09/06 |
Carried
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THAT: 1. The Land Development Sub-Committee and Quarry Review Committee meet as and when required. 2. The Mayor (Clr I Gosper) and Clrs Culverson, Davison, and Nash be the representatives on the Land Development Sub-Committee for the 2012/2013 year. 3. Clrs G Dean, I Gosper, M Hayes, M Nash, G Smith, K Walker Culverson, MacSmith and Wilcox be the representatives on the Quarry Review Committee for the 2012/2013 year. |
12/09/07 |
Carried |
It was noted the time being 10:31am Council adjourned for Morning Tea resuming at 11:00am.
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ITEM - 16 DELEGATES TO OTHER ORGANISATIONS - FOR THE YEAR 2012/13 |
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THAT Council’s delegates and representatives to other organisations (as listed below) for the 2012/2013 year be as follows: 1) ARTS OUT WEST Council’s representative to Arts Out West be Clr S Wilcox. 2) ASSOCIATION OF MINE RELATED COUNCILS INC Council’s representative on the Association of Mine Related Councils Inc. be Clr S Wilcox with Clr I Davison as alternative delegate and the Director of Environmental Services. 3) AUSTRALIA WIDE RURAL ROAD GROUP (AWRRG) Council’s delegates to the AWRRG Group be the Chair of the Works Committee and Clr M Hayes, with Clr Culverson as alternate delegate. 4) BELUBULA RIVER JOINT COMMITTEE Council’s representative to the Belubula River Joint Committee be Clr K Walker with Clr A Durkin as an alternate delegate. 5) CABONNE CARAVAN PARK COMMITTEE Council’s representatives on the Cabonne Caravan Park Committee be Clrs I Gosper, G Dean and K Walker; and the Director of Engineering and Technical Services, Finance Manager, Urban Assets Coordinator and Services Overseer. 6) CABONNE CONSULTATIVE COMMITTEE Council’s representatives to the Cabonne Consultative Committee be Clrs G Dean and J Culverson. 7) CABONNE/ORANGE ROAD SAFETY COMMITTEE Council’s representative to the Joint Cabonne/Orange Road Safety Steering Committee be Clr G Treavors with Clr G Dean as the alternate representative. 8) CABONNE COUNTRY TOURISM ADVISORY COMMITTEE Council’s representative to the Cabonne Country Tourism Advisory Committee be Clrs I Davison and S Wilcox. 9) CABONNE TOURISM ADVISORY COMMITTEE Council’s representative to the Cabonne Tourism Advisory Committee be Clrs I Davison and S Wilcox. Post meeting note: this Committee is no longer operating. 10) CADIA - MINING, REHABILITATION AND ENVIRONMENTAL MANAGEMENT PLAN (MREMP) COMMITTEE Council’s representative on the Cadia MREMP Committee be the Director of Environmental Services. 11) CADIA – COMMUNITY CONSULTATIVE COMMITTEE Council’s representatives on the Cadia Community Consultative Committee be the Director of Environmental Services with Clr L MacSmith as alternate representative. 12) CANOBOLAS BUSH FIRE MANAGEMENT COMMITTEE Council’s representative to the Canobolas Bush Fire Management Committee be Clr G Smith, with L MacSmith as alternate delegate and Council’s Director of Engineering & Technical Services. 13) CANOBOLAS ZONE LIAISON COMMITTEE Council representative to the Canobolas Zone Liaison Committee be Clr I Gosper and the Director of Engineering and Technical Services with Clr L MacSmith as alternate delegate. 14) CANOWINDRA AGE OF FISHES MUSEUM BOARD and STRATEGIC ADVISORY COMMITTEE OF THE CANOWINDRA AGE OF FISHES MUSEUM Council’s representative to the Canowindra Age of Fishes Board and Strategic Committee be Clr A Durkin, with Clr K Walker as the alternate delegate. 15) CANOWINDRA FOOD BASKET ADVISORY GROUP Council’s delegate on the Canowindra Food Basket Advisory Group be Clr K Walker. 16) CARGO ROAD USERS ASSOCIATION Council’s representative on the Cargo Road Users Association be previously been Clr L MacSmith, with Clr G Dean as an alternate delegate. 17) CENTRAL WEST CATCHMENT MANAGEMENT AUTHORITY (CWCMA) Councillor representation on the CWCMA Local Government Reference Group Forum be Clr MacSmith as delegate and Clr Wilcox as alternate delegate. 18) CENTRAL WEST MINING LIAISON COMMITTEE - (CABONNE/ORANGE/BLAYNEY) Council’s representative on the Central West Mining Liaison Committee for the Cabonne, Orange and Blayney area be the Mayor (Clr I Gosper) with Clr L MacSmith as the alternate delegate. 19) CENTROC HEALTH WATCH COMMITTEE Council’s delegates to the CENTROC Health Watch Committee be Clr M Nash and the Community Services Manager with the Mayor (Clr I Gosper) as the alternate delegate. 20) WESTERN NSW LOCAL HEALTH DISTRICT– CABONNE HEALTH COUNCIL Council’s delegate to the Western NSW Local Health District – Cabonne Health Council be Clr M Nash with Clr J Culverson as the alternate delegate. 21) HACC JOINT COMMITTEE Council’s representative to the Cabonne Food Services Advisory Committee be Clr K Walker with Council’s Community Services Manager to act as alternate delegate. 22) LACHLAN REGIONAL TRANSPORT COMMITTEE Council’s delegate to the Lachlan Regional Transport Committee be Clr A Durkin and Director of Engineering and Technical Services (as and when required) with Clr K Walker as the alternate delegate. 23) LITTLE RIVER LANDCARE CATCHMENT MANAGEMENT Council’s representative to the Little River Landcare Group be Clr G Smith. 24) LOCAL EMERGENCY MANAGEMENT COMMITTEE The representatives to the Local Emergency and Management Committee be the Mayor (Clr I Gosper), the Director of Engineering and Technical Services as the Local Emergency Management Officer and Council’s Operations Manager – Roads & Bridges as the Deputy Local Emergency Management Officer. 25) MOLONG MEDICAL COMMITTEE Council’s representative on the Molong Medical Committee be Clr M Hayes, with Clr M Nash as the alternate representative. 26) NOXIOUS WEEDS ADVISORY COMMITTEES Lachlan Valley Noxious Weeds Advisory Committee Clr K Walker be Council representative on this Committee with Clr M Hayes being the alternate delegate. Upper Macquarie Noxious Weeds Advisory Committee Clr I Gosper be Council’s representative on this Committee with Clr L MacSmith being the alternate delegate. 27) NSW OFFICE OF WATER RURAL LANDHOLDER SUB-COMMITTEE Clr L MacSmith be Council’s representative on this Committee. 28) OPHIR RESERVE TRUST BOARD Council’s representative on this Board to fill the position of “Councillor” be Clr J Culverson. 29) ORANGE/MUDGEE ROAD LINK COMMITTEE Council’s representative on the Orange/Mudgee Road Link Committee be Clr J Culverson with Clr S Wilcox as the alternate delegate. 30) SALINITY ACTION ALLIANCE Council’s representatives on the Salinity Action Alliance be Clr L MacSmith and the Director of Environmental Services with Clr M Hayes as the alternative delegate. 31) SYDNEY ROADLINKS COMMITTEE Council’s delegates to this committee be the Mayor (Clr I Gosper) with Clrs I Davison and M Hayes as the alternate delegates. The Director of Engineering & Technical Services also attend these meetings as an observer. 32) TRAFFIC COMMITTEE Council’s delegate to this committee be Clr G Dean with the Mayor (Clr I Gosper) as the alternate delegate. 33) VERTO LTD (previously known as Central West Community College) Council’s delegate to this committee be Clr S Wilcox. 34) WALUWIN CENTRE GOVERNANCE COMMITTEE Council’s delegate to this committee be Clr M Hayes with Clr G Smith as the alternate delegate. 35) WALUWIN MOLONG HEALTHONE HEALTH SERVICES ADVISORY COMMITTEE Council’s delegate to this committee be Clr M Hayes, with Clr M Nash as the alternate delegate. 36) WELLINGTON/DUBBO LANDCARE MANAGEMENT Council’s delegate to this committee be Clr G Smith, with Clr S Wilcox as the alternate delegate. |
12/09/13 |
Carried |
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ITEM - 17 ALTERNATE DELEGATE TO COMMITTEES OTHER THAN COUNCIL COMMITTEES |
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THAT the information be noted. |
12/09/14 |
Carried |
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ITEM - 18 FIXING THE DATE AND TIME OF REGULAR MEETINGS OF COUNCIL AND VARIOUS COMMITTEE MEETINGS |
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MOTION (Dean/Davison)
THAT regular meetings of Council and various Committees be held at 1:30pm on Tuesdays (Committee meetings on the first Tuesday and Council meetings on the third Tuesday of each month) as a six month trial. AMENDMENT (Davison/Hayes)
THAT regular meetings of Council and various Committees be held at 2:00pm on Tuesdays (Committee meetings on the first Tuesday and Council meetings on the third Tuesday of each month) as a six month trial commencing in January 2013. The amendment was put and carried becoming the motion.
The motion was put and carried.
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THAT regular meetings of Council and various Committees be held at 2:00pm on Tuesdays (Committee meetings on the first Tuesday and Council meetings on the third Tuesday of each month) as a six month trial commencing in January 2013. |
12/09/15 |
Carried |
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THAT the minutes of the Ordinary Meeting held on Monday 20 August 2012 be adopted.
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12/09/16 |
Carried |
It was noted the time being 11:50am Clr MacSmith was absent from the Chambers during voting on the following item joining the meeting during discussion on item 21.
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THAT the General Manager and all Councillors be authorised to attend the DLG Councillor Workshop to be held in Blayney on 23 October 2012 or Dubbo on 13 or 14 November 2012.
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12/09/17 |
Carried |
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ITEM - 21 THE PAYMENT OF EXPENSES AND THE PROVISION OF FACILITIES FOR MAYOR AND COUNCILLORS 2013 POLICY |
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THAT Council: 1. Endorse the draft Payment of Expenses & Provision of Facilities for Mayor and Councillors 2013 Policy including limits for expenses listed, noting an amendment to provide iPads and associated requirements in lieu of laptops. 2. In accordance with the provisions of the Local Government Act 1993, advertise the intended adoption of Council’s Payment of Expenses & Provision of Facilities for Mayor and Councillors 2013 Policy. 3. Receive a further report to the November Council meeting for consideration of submissions and adoption of the Payment of Expenses & Provision of Facilities for Mayor and Councillors 2013 Policy. |
12/09/18 |
Carried |
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ITEM - 22 DELEGATIONS BY COUNCIL UNDER THE NOXIOUS WEEDS ACT 1993 |
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THAT Subject to not receiving direction from the Council as to the consideration of any particular matter by the Council itself and pursuant to the powers conferred on Council as a local control authority under the Noxious Weeds Act 1993 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 s.68 of the Noxious Weeds Act, the General Manager, Andrew Lee Hopkins; the Director of Finance and Corporate Service, Stephen John Harding; the Director of Engineering and Technical Services, Robert Frederick Staples; the Chief Weeds Officer, Norman Geoffrey Townsend; and the Weeds Officers, Andrew William Gosper, Lyle Hourn and Mitchell Coles be authorised to exercise or perform on behalf of the Council the powers, authorities, duties and functions as follows: i. the powers, duties and functions granted via the Noxious Weeds Act 1993 listed in the report to the positions recommended.
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12/09/19 |
Carried |
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THAT Councillors: 1. Note the commencement of Special Disclosure of Pecuniary Interest forms; and 2. Where necessary seek assistance with completing the forms. |
12/09/20 |
Carried |
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THAT: 1. Council continue to receive the councillors’ attendances report. 2. The information be noted. |
12/09/21 |
Carried |
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It was noted item 25 was considered together with item 30. |
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THAT Council lodge a formal application for the proclamation of 23 April 2013 as a public holiday for that portion of the township of Yeoval, which is in the Cabonne Council area on the occasion of the 2013 Yeoval Show.
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12/09/22 |
Carried |
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THAT: 1. Council approve funding for the following projects under the Events Assistance Program: a. Meet U in Molong Motorcycle Expo – approved funding of $1,000 and a further donation of an amount equivalent to $285 for DA lodgement fee. b. Australian Cider Awards – approved funding of $375, being Silver level sponsorship. 2. Council approve seed funding of $500 for the Eastern Heritage Wine and Food Trail brochure from the Shire Promotion budget. |
12/09/23 |
Carried |
It was noted, the time being 11:57am Clr Culverson declared an interest, (identified as a pecuniary interest) in the following item due to her sister owning property on the proposed route and left the Chambers.
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ITEM - 27 Macquarie River to Orange pipeline project - Environmental Assessment submission, August 2012 |
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THAT Council: 1. Notes the report on the pipeline EA submission; and 2. In the event that a pipeline solution is approved by the State Government seek to enter into a Memorandum of Understanding with Orange City Council detailing conditions or request the State Government to set conditions under which construction of the pipeline in the road reserve are to be undertaken and that those conditions should include but not be limited to: i) Provision for traffic, ii) Restoration of road infrastructure caused by works (including vehicle movements) associated with the construction of the pipeline, iii) Implementation of an appropriate sedimentation plan, and iv) Implementation of an appropriate vegetation (noxious weeds) management plan. 3. Undertake a tour of the proposed route as soon as possible. |
12/09/24 |
Carried |
It was noted, the time being 12:05pm Clr Culverson rejoined the meeting.
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THAT: 1. Council further consider items 1 and 2 called by Clr MacSmith. 2. The balance of the items be noted. |
12/09/25 |
Carried |
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ITEM - 2 Resolutions Register - InfoCouncil - Outstanding Actions |
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Proceedings in Brief It was noted the question asked was addressed in the Closed session of Council. Discussion on the matter did not result in a resolution. |
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Proceedings in Brief In response to a question by Clr Culverson in relation to a ‘Handbook of Local Government’ the Director of Finance and Corporate Services undertook to follow up the matter.
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THAT Council receive a report at the next Council meeting regarding a proposal by the Borenore Trail Group in relation to Council assisting with a lease of the Borenore Railway Station.
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12/09/26 |
Carried |
There were nil matters of urgency.
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ITEM - 1 CARRYING OF COUNCIL RESOLUTION INTO CLOSED COMMITTEE OF THE WHOLE MEETING |
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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.
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12/09/27 |
Carried |
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Recommendation (Culverson/Wilcox)
THAT the information be noted.
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1. |
Carried |
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ITEM - 3 REQUEST FOR CONSIDERATION OF WATER CONSUMPTION COSTS - ACCOUNT 4054.30000.1 |
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THAT fifty percent of water consumption costs of $426.48 for account 4054.30000.1 be written off.
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2. |
Carried |
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ITEM - 4 ABANDONMENT OF RATES AND WATER/SEWER AMOUNTS 2011/2012 |
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Recommendation (Wilcox/Durkin)
THAT the information be noted.
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3. |
Carried |
It was noted the time being 12:24pm 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 24 September, 2012 be adopted.
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12/09/28 |
Carried |
There being no further business, the meeting closed at 12:25pm.
CHAIRMAN.
Chairman of the Ordinary Meeting of Cabonne Council held on the 15 October, 2012 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.