Minutes of Ordinary Meeting - 19 November 2012

PRESENT Clr I Gosper (in the Chair), Clrs G Dean, M Nash, L MacSmith, M Hayes, S Wilcox, G Treavors, K Walker, I Davison, and J Culverson.

Also present were the General Manager, Director of Finance & Corporate Services, Director of Environmental Services, acting Director of Engineering & Technical Services and Administration Manager.

ITEMS FOR DETERMINATION

	ITEM - 1 APPLICATIONS FOR LEAVE OF ABSENCE
	Proceedings in Brief Apologies were tendered on behalf of Clrs A Durkin and G Smith for their unavoidable absence from the meeting.
	MOTION (Walker/Dean) THAT the apologies tendered by Clrs A Durkin and G Smith be accepted and the necessary leave of absence be granted.
12/11/01	Carried

ITEM - 2 DECLARATIONS OF INTEREST

Proceedings in Brief

Clr Culverson declared an interest (identified as a pecuniary interest) in Item 3 of Closed due to her business being one of the submitted tenders. Clr Treavors declared an interest in Item 20 (identified as non significant non-pecuniary) due to working with the son, a serving Police Officer, of the President of the Amusu Theatre.

ITEM - 3 DECLARATIONS FOR POLITICAL DONATIONS

Proceedings in Brief

There were nil declarations of political donations.

It was noted Item 31 being a Tabled Mayoral Minute was considered together with Item 4.

	ITEM - 4 MAYORAL MINUTE - APPOINTMENTS
	Proceedings in Brief Mayor – Clr Gosper Council meeting Meeting with General Manager Attended Molong Debutante Ball Attended Meet you in Molong Bike Awareness day Wine Week activities Inaugural Molong markets Interviews with 2EL and ABC Blayney LGA Traffic Committee meeting Internal Audit Committee meeting Inspected the Larras Lee airfield Weekly meeting with General Manager Meetings at office Meeting – Eugowra Puzzle Flat Levy Committee Directors’ meeting Attended State Government Hazard Reduction Audit Panels Weekly meeting with General Manager Cabonne Daroo Awards Committee meetings Interview with ABC – Yeoval and Cumnock sewerage Meeting with ratepayers – extending Molong Swimming pool season Meeting with General Manager and Molong Yarn Market – issues Meeting with Manildra ratepayer – Truck stop CENTROC summit MAG AGM Attended the R.F.S Gumtree meeting Attended the Remembrance Day at Forbes RSL Attended the Canobolas Zone R.F.S liaison meeting Attended Local Government Managers conference Clr Dean DLG Workshop at Blayney Traffic Committee meeting Committee meetings National Local Roads and Transport Congress Council meeting Clr Wilcox Committee meetings Spring Hill/Spring Terrace Progress Association meeting WBC – Molong Field Days DLG – Info Day – Blayney Mullion Creek Trust Daroo Awards Mine Related Councils Canobolas Division – Gumtree meeting AOW Central West Councils Local Government Reference Council meeting Clr Walker Canowindra market nite Blayney LGA Business Chamber Committee meetings Ratepayers – Car rally concerns Eugowra concerns – GM – Max Swift Waddell Street – Telstra problem Council meeting Clr Davison Council meeting Orange National Field days Blayney LGA ED & T meeting NSW Tourism – Central meeting Meeting with General Manager Daroo Awards Committee meetings CENTROC meeting Borenore Trail committee meeting NSW Tourism – Central meeting
	MOTION (Gosper/Wilcox) THAT the information contained in the Mayoral Minute be noted.
12/11/02	Carried

ITEM - 31 MAYORAL MINUTE

MOTION (Gosper/Wilcox)

THAT Council endorse the actions of the Mayor in varying Council’s Purchasing and Procurement Policy in relation to the acceptance of quotations for the electricity supply for Yeoval & Cumnock Sewerage Treatment Plants.

12/11/03

Carried

ITEM - 5 GROUPING OF REPORT ADOPTION

MOTION (Wilcox/Treavors)

THAT items 6 to 17 be moved and seconded.

12/11/04

Carried

ITEM - 6 CONFIRMATION OF THE MINUTES

MOTION (Wilcox/Treavors)

THAT the minutes of the Ordinary Meeting held on 15 October, 2012 be adopted.

12/11/05

Carried

ITEM - 7 COMMUNITY SERVICES COMMITTEE MEETING

MOTION (Wilcox/Treavors)

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 5 November, 2012 be adopted

12/11/06

Carried

ITEM - 8 ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING

MOTION (Wilcox/Treavors)

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 5 November, 2012 be adopted.

12/11/07

Carried

ITEM - 9 ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING

MOTION (Wilcox/Treavors)

THAT the report and recommendations of the Environment Services and Sustainability Committee Meeting of Cabonne Council held on Monday, 5 November 2012 be adopted and carried Motions be noted.

12/11/08

Carried

ITEM - 10 WORKS COMMITTEE MEETING

MOTION (Wilcox/Treavors)

THAT the report and recommendations of the Works Committee Meeting of Cabonne Council held 5 November, 2012 be adopted.

12/11/09

Carried

ITEM - 11 INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN REVIEW 1ST QUARTER

MOTION (Wilcox/Treavors)

The update of the Operational Plan to the 30 September 2012, as presented be adopted.

12/11/10

Carried

ITEM - 12 THE PAYMENT OF EXPENSES AND THE PROVISION OF FACILITIES FOR MAYOR AND COUNCILLORS 2013 POLICY

MOTION (Wilcox/Treavors)

THAT Council adopt the Payment of Expenses & Provision of Facilities for Mayor and Councillors (2013) Policy (noting that the reimbursement of Internet expenses is no longer applicable) and forward a copy to the Division of Local Government.

12/11/11

Carried

ITEM - 13 Quarterly Budget Review

MOTION (Wilcox/Treavors)

THAT Council endorse the changes for the September Quarterly budget Review and authorise the changes to be made to the original budget.

12/11/12

Carried

ITEM - 14 SOUTH CANOWINDRA RESERVE

MOTION (Wilcox/Treavors)

THAT Council place the draft Plan of Management on public display and subject to approval support the formation of a volunteer group for the on-going maintenance of the reserve.

12/11/13

Carried

ITEM - 15 EFFLUENT REUSE STATEMENT

MOTION (Wilcox/Treavors)

THAT Council adopt the Effluent Reuse Statement.

12/11/14

Carried

ITEM - 16 DRAFT ENVIRONMENTAL POLICY STATEMENT

MOTION (Wilcox/Treavors)

THAT Council adopt the “Cabonne Environmental” Policy Statement.

12/11/15

Carried

ITEM - 17 REALIGNMENT AND WIDENING OF EUCHAREENA ROAD AT BACK SALESYARDS ROAD INTERSECTION

MOTION (Wilcox/Treavors)

THAT the General Manager sign the agreement and the Common Seal be affixed to the contract with Orange City Council.

12/11/16

Carried

ITEM - 18 CANOWINDRA TOWN IMPROVEMENT PROJECTS

MOTION (Walker/Dean)

THAT the listed projects be funded from the Canowindra Town Improvement Fund.

12/11/17

Carried

ITEM - 19 LOCAL INFRASTRUCTURE RENEWAL SCHEME

MOTION (Wilcox/Treavors)

THAT Council authorise the affixing of the Common Seal to the Local Infrastructure Renewal Scheme (LIRS) Funding agreement.

12/11/18

Carried

It was noted, the time being 9:48am Clr Treavors declared an interest in the following Item (identified as non significant non-pecuniary) however did not leave the Chambers as he felt he could remain impartial.

ITEM - 20 COUNCIL OWNED BUILDING - PAYMENT OF INSURANCE - AMUSU THEATRE

MOTION (Wilcox/Walker)

THAT the matter be deferred until further information is available and Council receive a report to the December Council meeting.

12/11/19

Carried

ITEM - 21 YEOVAL AND CUMNOCK FUNDING FOR SEWERAGE SCHEMES

MOTION (Treavors/Wilcox)

THAT Council authorise the affixing of the Common Seal to the following documents:

 Schedule 1 to the Conditions for Council Managed Water Supply and Sewerage Works – Yeoval Sewerage Scheme

 Schedule 2 to the Conditions for Council Managed Water Supply and Sewerage Works – Yeoval Scheme

 Schedule 1 to the Conditions for Council Managed Water Supply and Sewerage Works – Cumnock Sewerage Scheme

 Schedule 2 to the Conditions for Council Managed Water Supply and Sewerage Works – Cumnock Sewerage Scheme.

12/11/20

Carried

ITEM - 22 CUDAL CARAVAN PARK

MOTION (Walker/Wilcox)

THAT Council enter into an agreement with the Canowindra Park Manager to provide temporary supervision and security at the Cudal Caravan Park over the December / January period at a cost of $960.

12/11/21

Carried

ITEM - 23 FLASHING LIGHTS IN CANOWINDRA

MOTION (Walker/MacSmith)

THAT Council:

1. Forward the request from the Canowindra Schools to the Roads and Maritime Services asking that the community concerns be considered.

2. Forward a copy of the requests to local State Government representatives asking for the schools to be included in the list for up-grades, and

3. Include the matter of “flashing lights” for all schools on State, Regional roads and busy local (particularly rural areas) to be given priority for flashing light upgrades.

12/11/22

Carried

ITEM - 24 MODIFICATION OF DA 2007/97 FOR SUBDIVISION OF RURAL HOLDING 'WALSHVILLE', MILLTHORPE-VITTORIA ROAD, VITTORIA

MOTION (MacSmith/Wilcox)

THAT Modification Application 2007/97/1 for a four (4) lot subdivision of Lots 20-22 DP 263376, Lots 25, 27, 30, 34, 35, 63, 70, 71, 77, 79, 80, 88, 90, 91, 96, 118, 204 DP 750375, Millthorpe-Vittoria Road, Vittoria be granted consent subject to the conditions attached.

12/11/23

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 Durkin and Smith - apologies) as follows:

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

Against: Nil.

ITEM - 25 PROPOSED RESIDENTIAL SUBDIVISION AT MANILDRA - POSSIBLE COVENANTS

MOTION (Wilcox/Treavors)

THAT:

1. Developer covenants to be imposed as part of the development proposal for subdivision of L100 DP 1110843 and Lot 1 DP 1172576, Cudal Street, Manildra relate to colorbond fencing of one specified colour only.

2. Council send a letter of appreciation to MADIA for their comments.

12/11/24

Carried

ITEM - 26 Modification DA 2010/163 March Rural Fire Station, Lot 34 DP 857376, McKay Road, March.

MOTION (Culverson/Dean)

THAT Development Application 2010/163 for a 2 lot subdivision and the construction of a public building (rural fire brigade station) on land described as Lot 34 DP 857376, McKay Road, March, be granted consent subject to the conditions attached.

12/11/25

Carried

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

Against: Nil.

It was noted the time being 10:18am Clr Culverson declared an interest in the following Item (identified as a pecuniary interest) due to the request for a deletion of a covenant being from a client of her business and left the Chambers.

It was noted the time being 10:18am Clr Hayes declared an interest in the following Item (identified as a pecuniary interest) due to the request for a deletion of a covenant being from a possible client of his business and left the Chambers.

ITEM - 27 RELEASE OF COVENANT AT WINDERA ESTATE REQUIRING ANY DWELLING TO BE A MINIMUM OF 250 SQUARE METERS IN AREA

MOTION (Wilcox/Davison)

THAT Council seek legal advice in relation to this matter and report back to Council.

12/11/26

Carried

For: Clrs Gosper, Dean, Nash, MacSmith, Wilcox, Treavors, Walker and Davison.

Against: Nil.

It was noted the time being 10:19am Clrs Culverson and Hayes rejoined the meeting.

It was noted the meeting 10:20am a presentation was made to the Youth of the Month for September Emily Taggart and to Stuart Doolan on behalf of the Volunteer of the Month for November Boree Hollow Beautification Committee after which Council adjourned for morning tea resuming at 10:55am.

ITEM - 28 AMENDMENTS TO MAKING OF LOCAL ENVIRONMENTAL PLANS

MOTION (Culverson/Davison)

THAT Council:

1. Accept the delegation from the Minister for Planning and Infrastructure under Section 59 of the Environmental Planning and Assessment Act 1979 to allow Council to make Local Environmental Plans in accordance with a Gateway Determination under Clause 56 of the Act.

2. Grant approval for this power to be delegated to the General Manager and the Director of Environmental Services (assuming the approval of the General Manager is granted) for those matters where it will apply.

12/11/27

Carried

ITEM - 29 BUSINESS PAPER ITEMS FOR NOTING

MOTION (Wilcox/Dean)

THAT the balance of the items be noted.

12/11/28

Carried

ITEM - 30 QUESTIONS FOR NEXT MEETING

MOTION (Wilcox/MacSmith)

THAT Council note there were nil requests for Council to receive a report at the next Council meeting in relation to questions asked / matters raised where necessary.

12/11/29

Carried

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/Treavors)

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.

12/11/30

Carried

ITEM - 2 OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS

Recommendation (Dean/Wilcox)

THAT the information be noted.

Carried

It was noted, the time being 11:04am Clr Culverson declared an interest in the following Item (identified as a pecuniary interest) due to her business being one of the submitted tenders and left the Chambers.

ITEM - 3 WBC STRATEGIC ALLIANCE TENDERS FOR SUPPLY OF GOODS AND SERVICES

Recommendation (Treavors/Dean)

THAT Council:

1. Adopt the annexed list of contractors to supply materials or goods for the period from 19 November 2012 to 30 June 2014 as shown in Group 1 and recognise the list of contractors and suppliers as shown in Group 2 as exempt from the requirement to advertise to satisfy point 3 of Council’s procurement policy.

2. Note this tender does not prohibit Council from accepting new tenders for specific projects.

3. Note that existing contracts for goods and services have priority over those listed in Annexure 1.

Carried

It was noted, the time being 11:05am Clr Culverson rejoined the meeting.

It was noted, the time being 11:06am Clr Hayes declared an interest in the following Item (identified as a pecuniary interest) due to one of the tenders being from a client of his business and left the Chambers.

ITEM - 4 TENDERS FOR THE CONSTRUCTION OF THE MANILDRA SEWAGE PUMP STATION - REVISED SUBMISSION - TWS ELECTRICAL PUMPS FILTRATION IRRIGATION

Recommendation (Treavors/Dean)

THAT:

1. Council accept the revised tender submission and pricing from TWS Electrical Pumps Filtration Irrigation of Blayney, NSW for a conventional below ground concrete submersible twin pump sewage pump station, in accordance with their revised tender submission to Cabonne Council dated 11 October, 2012 including complete design, supply, construction, connection to available power and to the existing sewage rising main in Windeyer Street including commissioning for an amount of $229,928.00 (inclusive of GST) for the Manildra village sewerage system.

2. TWS Electrical Pumps Filtration Irrigation of Blayney, NSW be advised on Council’s decision requesting that construction commence as soon as practicable.

Carried

It was noted, the time being 11:08am Clr Hayes rejoined the meeting.

It was noted, the time being 11:09am Clr Culverson declared an interest in the following Item (identified as a pecuniary interest) due to one of the submitted quotes being from a client of her business and left the Chambers.

ITEM - 5 POWER FACTOR CORRECTION EQUIPMENT - ENERGY EFFICIENCY MEASURE

Recommendation (Walker/Davison)

THAT:

1. Council accept the quotation from Essential Energy $20,377.50 (GST Inclusive) for the supply and delivery of a 412.5 kVAr power factor correction equipment and $21,450.00 (GST inclusive) for supply and delivery of harmonic filtering equipment.

2. The cost be initially funded by an interest free loan from the Environmental and Sustainability Projects reserve.

3. The loan to be repaid over three years from the quarry energy efficiency savings.

4. The purchase of the air conditioning unit and associated installation costs be sourced from the Quarry operational budget.

Carried

It was noted, the time being 11:10am Clr Culverson rejoined the meeting.

ITEM - 6 QUARRY REVIEW COMMITTEE MEETING MINUTES

Recommendation (Walker/Wilcox)

THAT the report and recommendations of the Quarry Review Committee held on Monday 5 November 2012 be adopted.

Carried

It was noted the time being 11:10am the Chair resumed the Ordinary meeting.

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE

MOTION (Dean/Wilcox)

THAT the Report and Recommendations of the Closed Committee of the Whole Meeting held on Monday 19 November, 2012 be adopted.

12/11/31

Carried

It was noted the time being 11:10am the Chair adjourned the meeting.

The meeting was resumed at 12:30am at which time The Hon John Cobb MP Federal Member for Calare addressed Council.

There being no further business, the meeting closed at 1:00pm.

CHAIRMAN.

Chairman of the Ordinary Meeting of Cabonne Council held on the 17 December, 2012 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.