Minutes of Ordinary Meeting

PRESENT Clr I Gosper (in the Chair), Clrs G Dean, M Nash, M Hayes, S Wilcox, G Smith, 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.

ITEMS FOR DETERMINATION

	ITEM - 1 APPLICATIONS FOR LEAVE OF ABSENCE
	Proceedings in Brief An apology was tendered on behalf of Clr MacSmith for his unavoidable absence from the meeting.
	MOTION (Wilcox/Durkin) THAT the apology tendered by Clr MacSmith be accepted and the necessary leave of absence be granted.
12/10/03	Carried

ITEM - 2 DECLARATIONS OF INTEREST

Proceedings in Brief

Clr Gosper declared an interest (identified as a pecuniary interest) in Items 18 and 33 due to being the Executor of an Estate in the west Molong area.

ITEM - 3 DECLARATIONS FOR POLITICAL DONATIONS

Proceedings in Brief

There were nil declarations of political donations.

	ITEM - 4 MAYORAL MINUTE - APPOINTMENTS
	Proceedings in Brief Clr Gosper Council meeting Attended election Meeting with Show ground, campdraft, pony club committees re sewerage at showground Directors meeting Attended the Eugowra Canola Cup final Committee meetings Extraordinary meeting Meeting with General Manager Meeting with Directors Attended a meeting with the General Manager and the WBC Manager re taking over the Chair and other positions Directors meeting Attended Molong advancement group meeting Attended Cabonne Council annual picnic day Attended afternoon tea re Zoo 2 zoo bike ride Clr Dean Meeting with Show ground, campdraft, pony club committees re sewerage at showground Committee meetings Cudal Progress Association meeting Caravan committee meeting Council meeting Clr Nash Councillors Information night Committee meeting MADIA meeting Council meeting Clr Wilcox Committee meetings Extra Ordinary meeting Initial Contact with Spring Hill/Spring Terrace Progress Association – Issues Council meeting Clr Walker · Committee meetings · Extra Ordinary meeting · Dubbo – Troy Grant with General Manager · Eugowra Progress Association meeting · Community Safety Precinct – Cowra Council · CTW meeting – Blayney · Council meeting Clr Treavors · Cudal Swimming Pool Committee AGM · Council Welcome meeting · Council meeting · Committee meetings · Cudal Common AGM · Council Picnic Day
	MOTION (Wilcox/Dean) THAT the information contained in the Mayoral Minute be noted.
12/10/04	Carried

ITEM - 5 GROUPING OF REPORT ADOPTION

MOTION (Dean/Culverson)

THAT:

1. Council further consider Items 6 and 9 called by Clr Culverson and Item 7 called by Clr Gosper.

2. That items 8 and 10 to 14 be moved and seconded

12/10/05

Carried

ITEM - 6 CONFIRMATION OF THE MINUTES

MOTION (Culverson/Durkin)

THAT the minutes of the Ordinary Meeting held on Monday 24 September 2012 and the minutes of the Extraordinary Meeting held 2 October 2012 be adopted with the amendment that the mover and seconder for Item 4 of the Extraordinary 2 October 2012 were Clrs Wilcox and Culverson and that this item was a motion with the resolution number being 12/10/02.

12/10/06

Carried

ITEM - 9 ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING

MOTION (Culverson/Durkin)

THAT the report and recommendations of the Environment Services and Sustainability Committee Meeting of Cabonne Council held on 2 October 2012 be adopted and carried Motions be noted except Item 7 at which point 1. should be deleted and only point 2. be adopted.

12/10/07

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 MacSmith - apology) as follows:

For: Clrs Gosper, Dean, Nash, Hayes, Wilcox, Smith, Durkin, Treavors, Walker, Davison and Culverson.

Against: Nil.

ITEM - 7 COMMUNITY SERVICES COMMITTEE MEETING

MOTION (Gosper/Walker)

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 2 October 2012 be adopted noting that the commencing time should be 10:45am not 5:00pm and Clr Walker was in the Chair not Clr Gosper.

12/10/08

Carried

ITEM - 8 ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING

MOTION (Dean/Culverson)

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

12/10/09

Carried

ITEM - 10 WORKS COMMITTEE MEETING

MOTION (Dean/Culverson)

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

12/10/10

Carried

ITEM - 11 PECUNIARY INTEREST RETURNS 2012

MOTION (Dean/Culverson)

THAT:

1. Council note the tabling of Pecuniary Interest Returns for the period to the 30 June 2012.

2. Newly elected councillors complete and lodge a Pecuniary Interest Return with the general manager by 12 December 2012.

3. The Pecuniary Interest Returns for newly elected councillors be tabled at the 17 December Council meeting.

12/10/11

Carried

ITEM - 12 2012/2013 RATES INCENTIVE SCHEME

MOTION (Dean/Culverson)

THAT Council endorse the draw of the Rates Incentive Scheme at Morning Tea on Council meeting day.

12/10/12

Carried

ITEM - 13 CUDAL CARAVAN PARK

MOTION (Dean/Culverson)

THAT:

1. Council note the resignation of the Cudal caravan park manager

2. Council write to Mr Don Dean thanking him for his contribution to Council and the Cudal community.

12/10/13

Carried

ITEM - 14 AUSTRALIA DAY 2013

MOTION (Dean/Culverson)

THAT Council endorse the steps taken in relation to Australia Day 2013.

12/10/14

Carried

ITEM - 15 FUTURE DIRECTIONS FORUM

MOTION (Walker/Wilcox)

THAT Council authorise the conduct of a Future Directions Forum to be held on 26-27 November 2012, with final arrangements to be determined by the Mayor and General Manager.

12/10/15

Carried

ITEM - 16 CENTROC SUMMIT 2012

MOTION (Wilcox/Culverson)

THAT the Mayor and General Manager be Council’s nominated delegates to attend the 2012 CENTROC Summit on 7-8 November 2012 and that Clrs Nash, Wilcox and Davison be authorised to attend.

12/10/16

Carried

ITEM - 17 LOCAL GOVERNMENT ACTS TASKFORCE

MOTION (Wilcox/Davison)

THAT Council authorise attendance of the Local Government Acts Taskforce workshop at Mudgee on Thursday 8 November 2012 by Clr Culverson.

12/10/17

Carried

It was noted the time being 10:04am Clr Gosper declared an interest (identified as a pecuniary interest) in the Item 18 due to being the Executor of an Estate in the west Molong area and left the Chambers.

ELECTION OF CHAIR PERSON

MOTION (Wilcox/Culverson)

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

12/10/18

Carried

ITEM - 18 RESCISSION MOTION

MOTION (Wilcox/Culverson)

THAT the following part of a resolution of Council passed in April, 2009 (09/04/39-4):

“THAT:

2. Council adopt a policy suspending the subdivision of land within the 1(c) Zone that surrounds the Molong Limestone Quarry until such time the new Local Environmental Plan has been finalised and adopted.”

be rescinded.

12/10/19

Carried

For: Clrs Durkin, Dean, Nash, Hayes, Wilcox, Smith, Treavors, Walker, Davison and Culverson.

Against: Nil.

It was noted, the time being 10:11am Clr Gosper rejoined the meeting and resumed the Chair.

	ITEM - 19 ANNUAL FINANCIAL STATEMENTS
	Proceedings in Brief It was noted the Director of Finance and Corporate Services tabled the draft statements as well as the Pecuniary Interest Returns referred to at Item 11.
	MOTION (Wilcox/Davison) THAT the Mayor and Clr Walker sign the Statement by Councillors and Management in the approved format, for both the General Purpose and Special Purpose Financial Statements.
12/10/20	Carried

ITEM - 20 MITCHELL ROOM AT MOLONG COMMUNITY HALL

MOTION (Walker/Dean)

THAT Council donate the fees for the use of the Mitchell Room for the Molong Show Society for the periods 3/9/2012 to 7/9/2012 and 10/9/2012 to 14/9/2012 as a one-off request from the Section 356 vote.

12/10/21

Carried

ITEM - 21 VOLUNTARY PURCHASE - 4 CHESHER STREET - EUGOWRA

MOTION (Dean/Walker)

THAT Council advise the owner of 4 Chesher Street that the voluntary purchase of the property will be Council’s second priority for 2012/13.

12/10/22

Carried

ITEM - 22 EUGOWRA MUSEUM - MEMORIAL PLAQUE

MOTION (Durkin/Dean)

THAT Council:

1. Approve the request for the provision of a memorial plaque and protea bush to commemorate the Boer War volunteers from the Eugowra district.

2. Encourage the Eugowra Historical Museum and Bushranger Centre to hold commemorative ceremonies on the Boer War Day date of 31 May 2013.

12/10/23

Carried

ITEM - 23 HEAVY VEHICLES - 19M B-DOUBLE APPLICATION

MOTION (Dean/Culverson)

THAT Council:

1. Approve the application for a 19m B-Double exceeding 50 tonne route as a trial for 12 months, along the following roads:

a. Spring Hill Road from Orange City Council boundary to Blayney Shire Council boundary

b. Cowriga Road from Spring Hill Road to “Avondale” Dairy, 306 Cowriga Road

2. Receive a further report following the trial outlining any issues that have arisen as a result of the trial.

12/10/24

Carried

It was noted Clr Wilcox requested her vote against the motion be recorded.

ITEM - 24 MOLONG AUTOMATIC RAIN GAUGE

MOTION (Durkin/Wilcox)

THAT Council authorise the General Manager to sign the funding agreement with the State Government for $14,000 for the Molong Creek Dam automated rain gauge.

12/10/25

Carried

ITEM - 25 TEMPORARY FLOODGATES FOR MOLONG BUSINESSES

MOTION (Dean/Walker)

THAT Council:

1. Advise the subject business owners as to the availability of the floodgates and the approximate cost.

2. Advise that this measure is an option being investigated as part of an existing resolution of Council however further options being investigated may mean the floodgates are not required.

12/10/26

Carried

ITEM - 26 UNSW BUILT ENVIRONMENT BE OUTHERE PROGRAM

MOTION (Durkin/Culverson)

THAT Council:

1. Accept UNSW offer to conduct an urban renewal design project within Canowindra and offer any relevant data to UNSW to facilitate the project.

2. Receive a further report once the project is finalised.

12/10/27

Carried

ITEM - 27 COMMUNITY FACILITY DIRECTION SIGNS POLICY

MOTION (Walker/Wilcox)

THAT Council adopt the draft Community Facility Direction Signs Policy.

12/10/28

Carried

ITEM - 28 CUDAL SHOWGROUND CONNECTION TO SEWER RETICULATION

Proceedings in Brief

It was noted this Item was considered together with Item 36.

ITEM - 36 SUPPLEMENTARY report for Item 28 - Cudal Showground Connection to Sewer Reticulation.

MOTION (Culverson/Wilcox)

THAT:

1. Council defer consideration of item 28 – Cudal Showground Connection to Sewer Reticulation.

2. Re-visit the Sewer Policy to remove any ambiguity relating to the connection/extension to sewer mains in Rural 1 (C) and 1 (A) zones.

12/10/29

Carried

ITEM - 29 VILLAGE ENHANCEMENT PROGRAM

MOTION (Wilcox/Nash)

THAT Council workshop the Village Enhancement Program and include representatives from all relevant departments.

12/10/30

Carried

ITEM - 30 NEW LIQUID TRADE WASTE POLICY 2011

MOTION (Wilcox/Treavors)

THAT Council:

1. Publicly exhibit the Draft Liquid Trade Waste Policy 2011 and draft amendments/additions to the Fees & Charges relating to same at each Council office, Branch Library and other locations throughout Cabonne for a period of 28 days.

2. Receive a further report to allow consideration of any submissions received and to allow final adoption of policy and Fees and Charges.

12/10/31

Carried

ITEM - 31 LOCAL REPRESENTATION OF JOINT REGIONAL PLANNING PANEL

MOTION (Davison/Smith)

THAT Council advise the Department of Planning and Infrastructure of the retirement of Graeme Fleming and John Farr from their positions with Cabonne Council, and nominate Andrew Hopkins (General Manager) and Clr Anthony Durkin as representatives to the Western Region (Cabonne) Joint Regional Planning Panel, with Clr Sharon Wilcox as an alternate representative for Clr Durkin.

12/10/32

Carried

ITEM - 32 MODIFICATION OF DA 2007/97 FOR SUBDIVISION OF RURAL HOLDING 'WALSHVILLE', MILLTHORPE-VITTORIA ROAD, VITTORIA

Proceedings in Brief

It was noted this Item was withdrawn.

It was noted, the time being 10:53am Clr Gosper declared an interest (identified as a pecuniary interest) in Item 33 due to being the Executor of an Estate in the west Molong area and left the Chambers.

ELECTION OF CHAIR PERSON

MOTION (Wilcox/Walker)

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

12/10/33

Carried

ITEM - 33 DA 2012/139 2 LOT SUBDIVISION ON LOT 1 DP 194963, MCGRODER STREET, MOLONG

MOTION (Dean/Davison)

THAT Development Application 2012/139 for two a (2) lot subdivision of land described as Lot 1 DP 194963, McGroder Street, Molong be granted consent subject to the conditions attached.

12/10/34

Carried

For: Clrs Durkin, Dean, Nash, Hayes, Smith, Treavors, Walker, Davison and Culverson.

Against: Clr Wilcox.

It was noted, the time being 11:00am Clr Gosper rejoined the meeting and resumed the Chair. At this time Council adjourned for morning tea at which time the Rates Incentive Draw was held.

Council resumed at 11:30am.

	ITEM - 34 BUSINESS PAPER ITEMS FOR NOTING
	Proceedings in Brief It was noted Items further considered did not result in a resolution.
	MOTION (Culverson/Walker) THAT: 1. Council further consider Item 9 called by Clr Gosper and Items 2 and 7 call by Clr Hayes. 2. The balance of the items be noted.
12/10/35	Carried

ITEM - 35 QUESTIONS FOR NEXT MEETING

Proceedings in Brief

There were nil reports requested for the next Council meeting.

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 (Wilcox/Durkin)

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.

12/10/36

Carried

ITEM - 2 OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS

Recommendation (Walker/Dean)

THAT the information be noted.

Carried

It was noted, the time being 11:54am Clr Culverson declared interest in the following Items 3 and 6 (identified as a pecuniary interest) due to her sister being employed by Council’s solicitor and left the Chambers. It was also noted Items 3 and 6 were considered jointly.

ITEM - 3 MOLONG GELATO FACTORY

Recommendation (Gosper/Hayes)

THAT Council authorise the General Manager to carry out the necessary requirements for the recommended action in the report.

Carried

It was noted Clr Treavors requested his vote against the motion be recorded.

It was noted the time 12:16pm Clr Smith left the meeting.

ITEM - 6 MOLONG GELATO FACTORY

Recommendation (Gosper/Hayes)

THAT the information be noted.

Carried

It was noted, the time being 12:26pm Clr Culverson rejoined the meeting. At this time the Director of Finance and Corporate Services left the meeting.

ITEM - 4 Cudal Caravan Park

Recommendation (Culverson/Dean)

THAT Council endorse the actions of Council staff in enforcing Council’s adopted caravan park rules in relation to overstay of casual residents.

Carried

ITEM - 5 PURCHASE TWO SMOOTH DRUM ROLLERS

Recommendation (Walker/Durkin)

THAT council accept the tender from Semco Equipment Sales for two Dynapac CA5000 smooth drum rollers, for the purchase price of $167,727.27 each (excl GST) for a total price of $335,454.54 (excl GST).

Carried

It was noted the time being 12:34pm the Chair resumed the Ordinary meeting.

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE

MOTION (Davison/Nash)

THAT the Report and Recommendations of the Closed Committee of the Whole Meeting held on Monday 15 October, 2012 be adopted.

12/10/37

Carried

It was noted the time being 12:35pm Council was addressed by the WBC Executive Manager.

There being no further business, the meeting closed at 1:05pm.

CHAIRMAN.

Chairman of the Ordinary Meeting of Cabonne Council held on the 19 November, 2012 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.