Minutes of Ordinary Meeting

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

Also present were the General Manager, Director of Finance & Corporate Services, Director of Engineering & Technical Services, Senior Town Planner and Administration Manager.

ITEMS FOR DETERMINATION

	ITEM - 1 APPLICATIONS FOR LEAVE OF ABSENCE
	Proceedings in Brief An apology was tendered on behalf of Clr I Davison for his unavoidable absence from the meeting.
	MOTION (Durkin/Wilcox) THAT the apology tendered by Clr Davison be accepted and the necessary leave of absence be granted.
13/05/03	Carried

ITEM - 2 DECLARATIONS OF INTEREST

Proceedings in Brief

Clr Culverson declared an interest (identified as a pecuniary interest) in Item 20 of Determination due to the landowner being her father-in-law. Clr MacSmith declared an interest (identified as a perceived conflict of interest) in Item 20 of Determination due to having previous associations with the landowner.

ITEM - 3 DECLARATIONS FOR POLITICAL DONATIONS

Proceedings in Brief

There were nil declarations of political donations.

	ITEM - 4 MAYORAL MINUTE - APPOINTMENTS
	Proceedings in Brief It was noted the time being 2:05pm the Mayor made a presentation to Lyle Hourn of an Outstanding Service Award. The Mayor raised three (3) points at the outset which he requested be recorded: 1. The continuing dry weather and the pressure it is placing on not just our farmers but the whole of our Shire and most of eastern Australia. In this context he commended the work of the Little River Landcare Group who on the 23^rd May are running a day at Yeoval called “Getting through the dry” along with livestock and crops it also deals with family wellbeing and relationships with the banks. He noted the “Rural Financial Counselling Service” will also be in attendance 2. Local Government Review – The Mayor stated he really believes that what started out as a genuine effort to reform Local Government has now been hijacked by the amalgamation and regional Government push. Regional Government is not Local Government we are trying to get constitutional recognition of Local Government not Regional Government. The General Manager, Deputy Mayor and myself are heading to the CENTROC meeting at Parliament house on the 24^th May 2013 and have organised a meeting with Local Government Minister to coincide with the CENTROC meeting – more on the Local Government review in Item 14 of today’s meeting. 3. Great success of the Eugowra Mural Project: 1. Biggest crowd in Eugowra for years on Mothers Day 12 May 2013 2. 60 plus artists 3. The town of Eugowra looked immaculate. A local resident advising that Council staff had even swept the bridge. 4. Myself and the General Manager and his family were made very welcome at the Mothers Day Luncheon at APEX park. 5. Well done to Jodie Greenhalgh and everyone else for a great weekend. 6. The feeling of most people I spoke to in Eugowra is they don’t want to join Orange then don’t want to join Forbes, they want to stay in Cabonne. Clr Gosper · Council meeting · Attended a workshop for “The Cabonne Strategic Business Plan for Water and Sewerage” run by Public Work through CENTROC · Attended a meeting at Eugowra with Local MP – Troy Grant and the Eugowra floods reps · Attended the Australia National Balloon Championship official opening and balloon glow at Canowindra · Attended the Canobolas Precinct community safety meeting in Orange chaired by Superintendent Driver · Attended Yeoval show along with Clr Smith · Attended the Traffic committee meeting at Cudal · Attended ANZAC day ceremony at Molong · Interview and photo with The Land newspaper re Local Government Review · Meeting at Molong office re Local Government Review · To Manildra for interview with Prime TV re Local Government Review · Committee meetings and Extraordinary meeting · Attended the Internal Audit meeting at Blayney along with Director of Finance · Attended the Molong Advancement Group’s monthly meeting · Along with Clr Walker attended the “Regional Rail Revival” seminar at Blayney run by Lachlan Regional Transport and Charles Sturt University · Attended a dinner put on by MSM Milling for a group of Chinese Dignitaries · Attended the Eugowra Mural Painting and Mothers Day Luncheon at APEX park · Attended a meeting with Jeff Caldbeck, CEO of the Rural Financial Counselling Service · Attended the Caravan Park Committee meeting at the Cudal office · Attended the Local Government Act Taskforce workshop at the Ex-Services club in Orange along with the General Manager and Director of Finance · Attended the launch of the Cabonne Daroo Business Awards at The Ages of Fishes Museum in Canowindra Clr Dean · Committee meetings · Cudal Progress monthly meeting · Orange/Cabonne Road Safety meeting · Cabonne Caravan meeting · Council meeting Clr Wilcox · Committee meetings and Extraordinary meeting · Mine related Councils meeting · Arts Out West – Ordinary meeting · Arts Out West AGM · Daroo Launch – Canowindra · Council meeting Clr Treavors · Attended ANZAC day in Cudal · Committee meeting · Cudal Progress monthly meeting · Eugowra Murals · Amusu Comedy night Clr Walker · Canowindra Business Chamber meeting · Eugowra Progress that Troy Grant attended · Canowindra balloon week · Committee meeting · CSU seminar – Blayney LRTC · Eugowra Progress Association meeting · Caravan Committee meeting – Cudal · Canowindra Challenge debrief · Enquiry re Heritage Royal Hotel · Daroo Launch · Council meeting
	MOTION (Gosper/-) THAT the information contained in the Mayoral Minute be noted.
13/05/04	Carried

ITEM - 5 GROUPING OF REPORT ADOPTION

MOTION (Walker/Dean)

THAT Items 6 to 13 be moved and seconded.

13/05/05

Carried

ITEM - 6 CONFIRMATION OF THE MINUTES

MOTION (Walker/Dean)

THAT the minutes of the Ordinary Meeting held 16 April 2013 and Extraordinary Meeting held 7 May, 2013 be adopted.

13/05/06

Carried

ITEM - 7 COMMUNITY SERVICES COMMITTEE MEETING

MOTION (Walker/Dean)

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 7 May, 2013 be adopted.

13/05/07

Carried

ITEM - 8 ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING

MOTION (Walker/Dean)

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 7 May, 2013 be adopted.

13/05/08

Carried

ITEM - 9 WORKS COMMITTEE

MOTION (Walker/Dean)

THAT the report and recommendations of the Works Committee Meeting of Cabonne Council held 7 May, 2013 be adopted.

13/05/09

Carried

ITEM - 10 CADIA PIPELINE AGREEMENT - DEEDS OF LEASE

MOTION (Walker/Dean)

THAT Council affix the seal onto the Deeds of Lease – Cadia Pipeline agreement and associated documents.

13/05/10

Carried

ITEM - 11 CONTRACT 453613 - TENDER FOR AUDIT SERVICES

MOTION (Walker/Dean)

THAT Council affix the seal to the Contract 453613 documents.

13/05/11

Carried

ITEM - 12 CLOSURE OF RODWELLS ROAD

MOTION (Walker/Dean)

THAT:

1. Council does not object to the closure of Rodwells Road provided that all affected property owners are provided with alternative legal access and provided that the owners do not have any objections to the closure.

2. Council removes the Rodwells Road signpost and delete the road from Council’s road network and asset register.

13/05/12

Carried

ITEM - 13 UPSS AT THE CUDAL DEPOT

MOTION (Walker/Dean)

THAT council approve the funding allocation of $40,000 for an above ground diesel storage tank at the Cudal Works Depot from the Plant Reserve.

13/05/13

Carried

	ITEM - 14 LOCAL GOVERNMENT REVIEW PANEL
	Proceedings in Brief It was note the word “generally” was deleted from point 2 of the recommendation.
	MOTION (Durkin/Wilcox) THAT: 1. The word “strenuously” be added prior to “oppose” in point 1. of the strategy. 2. The project team of Mayor, Deputy Mayor and General Manager will continue to represent the Council in this matter and will undertake the strategy as identified within the report.
13/05/14	Carried

ITEM - 15 RIGHT TO FARM

MOTION (Wilcox/Culverson)

THAT a combined submission with Member for Orange, The Hon Andrew Gee be sent to the Minister for Local Government and the working party, comprising the General Manager, Clrs Gosper, MacSmith and Davison, continue to liaise with all appropriate parties regarding preserving the ‘right to farm’.

13/05/15

Carried

ITEM - 16 March 2013 Quarterly Budget Review

MOTION (Durkin/MacSmith)

THAT the variances listed in the Quarterly Budget Review be approved to be updated to the original budget for 2012/2013

13/05/16

Carried

ITEM - 17 Change in Investment Policy

MOTION (Durkin/Wilcox)

THAT Council adopt the changes to the Investment Policy

13/05/17

Carried

ITEM - 18 GULGONG HERITAGE HARNESS ASSOCIATION - 2013 HENRY LAWSON PILGRIMAGE DRIVE

MOTION (Dean/Nash)

THAT approval be given to the Gulgong Heritage Harness Association (the Event Organiser) to conduct the 2013 Henry Lawson Pilgrimage Drive (the Event) as set our in the event organiser’s application subject to the following conditions:

1. Council is to be provided with an updated copy of $20M public liability insurance policy indicating Cabonne Council’s interests, before 31^st May 2013 (when the current policy expires).

2. Development and implementation of a Traffic Management Plan, including a risk management plan.

3. NSW Road Rules are to be observed by participants at all times.

4. The Event Organiser is to obtain written approval from the NSW Police Force and all directions and conditions to be promptly obeyed.

5. The Event Organiser is to obtain written approval from the RMS and other affected LGAs.

6. The Event Organiser is to obtain written approval from all private landowners that the event passes through.

7. The Event Organiser is to notify all Emergency Services of the Event.

8. The Event Organiser is not to control traffic under any circumstances.

13/05/18

Carried

	ITEM - 19 VARIATION TO CONTRACT 452427 - CANOWINDRA POOL REDEVELOPMENT
	Proceedings in Brief The Director of Engineering & Technical Services advised Council that whilst the 25 metre lap pool would be squared the residual portion of the original 33 metre pool would be left out of square.
	MOTION (Walker/Durkin) THAT Council approve the $27,650 variation to contract 452427.
13/05/19	Carried

It was noted the time being 2.23pm it was resolved to defer consideration of Item 20 until 2.30pm as that was the time advised to parties addressing Council.

ADDITIONAL ITEM - DEFERMENT OF ITEM 20

MOTION (Durkin/Treavors)

THAT item 20 be deferred for consideration until 2.30pm.

13/05/20

Carried

ITEM - 21 ENVIRONMENTAL SERVICES & SUSTAINABILITY COMMITTEE MEETING

MOTION (Wilcox/MacSmith)

THAT the report and recommendations of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 7 May, 2013 be adopted and carried motions be noted.

13/05/21

Carried

The Chair called for a Division of Council as required under Section 375A (3) of the Local Government Act which resulted in a unanimous vote for the motion (noting the absence of Clr Davison - apology) as follows:

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

Against: Nil.

ITEM - 22 REQUEST FOR REIMBURSEMENT OF DEVELOPMENT APPLICATION FEES

MOTION (Dean/Culverson)

THAT Council donate $1,188.90 from its s356 budget to Cudal A & P Society Inc, being the amount equivalent to Development Application fees paid in association with DA 2013/100 for construction of a new amenities facility and pavilion at Cudal Showground, Cudal.

13/05/22

Carried

ITEM - 23 BUSINESS PAPER ITEMS FOR NOTING

MOTION (Walker/Treavors)

THAT the Notation items be noted.

13/05/23

Carried

ITEM - 24 QUESTIONS FOR NEXT MEETING

MOTION (Dean/Walker)

THAT it be noted no reports were requested for the next Council meeting.

13/05/24

Carried

MATTERS OF URGENCY

There were nil matters of urgency.

It was noted the time being 2.33pm Clr Culverson declared an interest (identified as a pecuniary interest) in the following Item due to the landowner being her father-in-law and left the Chambers. Clr MacSmith declared an interest (identified as a perceived conflict of interest) in the following Item due to having previous associations with the landowner and left the Chambers.

	ITEM - 20 DEVELOPMENT APPLICATION 2013/117 - REMOTE CONTROL CAR TRACK - PART OF LOT 3 DP 866377 SMITH ROAD, CLERGATE
	Proceedings in Brief It was noted Mr M Phillips and Mrs M Culverson addressed Council in relation to the Development Application. The General Manager advised Council that he felt the conditions prepared by staff mitigated the risks and impacts and was concerned that an announced visit by Council may result in a ‘staged’ picture of activities.
	MOTION (Hayes/Dean) THAT Council have an onsite inspection during a race meeting.
13/05/25	Carried The Chair called for a Division of Council as required under Section 375A (3) of the Local Government Act which resulted in a unanimous vote for the motion (noting the absence of Clrs Culverson and MacSmith – declared interest; and Clr Davison - apology) as follows: For: Clrs Gosper, Dean, Nash, Hayes, Wilcox, Smith, Durkin, Treavors, and Walker. Against: Nil.

It was noted the time being 2:59pm Clrs Culverson and MacSmith rejoined the meeting.

CONFIDENTIAL ITEMS

ITEM - 1 CARRYING OF COUNCIL RESOLUTION INTO CLOSED COMMITTEE OF THE WHOLE MEETING

MOTION (Culverson/Hayes)

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.

13/05/26

Carried

It was noted the time being 3:00pm the Mayor advised that representatives from the Little River Landcare Group Inc wished to address Council.

ADDITIONAL ITEM - LITTLE RIVER LANDCARE GROUP INC ADDRESS TO COUNCIL

Recommendation (Wilcox/Treavors)

THAT Little River Landcare Group Inc be granted leave to address Council in Closed Committee.

Carried

It was noted the time being 3:01pm the representatives of Little River Landcare Group Inc addressed Council and tabled an options paper. It was noted the time being 3:25pm the representatives left the Chambers.

It was noted the time being 3.25pm Clr MacSmith left the Chambers.

ITEM - 2 ENDORSEMENT OF PROCEEDINGS OF CONFIDENTIAL MATTERS CONSIDERED AT COMMITTEE OF THE WHOLE MEETING

Recommendation (Treavors/Durkin)

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 April 2013 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 (Durkin/Wilcox)

THAT the information be noted.

Carried

It was noted the time being 3:30pm Clr MacSmith rejoined the meeting.

ITEM - 4 LITTLE RIVER LANDCARE GROUP INC.

Recommendation (Hayes/Durkin)

THAT Council offer a cash contribution of $7,500 this financial year and $7,500 in 12 months time provided they are matched by equal amounts raised through additional membership fees in both years and in return Little River Landcare Group Inc. (LRLG) will undertake consultative roles as required, where mutual outcomes between LRLG and Council can be achieved.

Carried

Clr Treavors requested his vote against the recommendation be recorded.

ITEM - 5 MOLONG RURAL WATER USERS

Recommendation (Walker/Culverson)

THAT the applicant be advised that there will be no reduction in the water supply account.

Carried

Clrs Gosper and MacSmith requested their vote against the recommendation be recorded.

ITEM - 6 DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS

Recommendation (Wilcox/Durkin)

THAT the ratepayers in the annexure attached be advised in writing that if payment of their account is not made, or a satisfactory arrangement for payment is not made within seven days of this correspondence that Council intends to issue a Statement of Claim for the recovery of all monies owed to Council.

Carried

ITEM - 7 SUPPLY OF E-ONE TANKS - YEOVAL AND CUMNOCK

Recommendation (Dean/Wilcox)

THAT Council approve the price increases in process for E-One components.

Carried

ITEM - 8 CONTRACT 451164 - INVESTIGATIONS AND DESIGN FOR PUZZLE FLAT CREEK LEVEE UPGRADE IN EUGOWRA

Recommendation (Wilcox/Walker)

THAT Council:

1. Accept the tendered price of $72,063 from ARUP Pty Ltd with an upper limited fee as outlined in the report for the successful completion of the contract

2. Affix the seal to Contract 451164.

Carried

It was noted the time being 3:56pm the Chair resumed the ordinary meeting.

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE

MOTION (Culverson/Smith)

THAT the Report and Recommendations of the Closed Committee of the Whole Meeting held on Tuesday 21 May, 2013 be adopted.

13/05/27

Carried

There being no further business, the meeting closed at 3:56pm.

CHAIRMAN.

Chairman of the Ordinary Meeting of Cabonne Council held on the 25 June, 2013 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.