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, I Davison and J Culverson.

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

ITEMS FOR DETERMINATION

ITEM - 1 APPLICATIONS FOR LEAVE OF ABSENCE

Proceedings in Brief

There were nil applications for leave of absence.

ITEM - 2 DECLARATIONS OF INTEREST

Proceedings in Brief

Clr Culverson declared an interest (identified as a pecuniary interest) in Item 14 of Determination due to clients of her business working on this project. Clr Durkin declared an interest (identified as a potential conflict of interest) in Item 4 of Closed due to one of the Sundry Debtors being a tenant of a property owned by him.

ITEM - 3 DECLARATIONS FOR POLITICAL DONATIONS

Proceedings in Brief

There were nil declarations of political donations.

It was noted the time being 2:02pm students from Canowindra, Molong and Yeoval schools addressed Council until 2:25pm.

	ITEM - 4 MAYORAL MINUTE - APPOINTMENTS
	Proceedings in Brief Clr Gosper · Attended Council Meeting · Attended CENTROC Board Meeting at Parliament House · Attended Eugowra’s Boer War Memorial Dedication · Attended Eugowra’s Hospital Memorabilia Opening at MPS Centre · Attended NSW Planning Forum in Dubbo · Attended and Opened the Long Day Care Room at the Molong Pre-School · Attended and helped C.M.A and Cabonne Staff with the making of a documentary on the benefits of Molong Creek Stream Clearance. · Attended the Official Opening of the Joint Venture between Twisted River Wines and Jayes Gallery. · Attended both Afternoon and Evening Local Government Review Panel Meeting in Parkes. · Attended WBC Meeting in Blayney · Attended a Meeting of Blayney, Orange and Cabonne Mayors in Orange · Attended a Meeting at Chambers Regarding Residents Concerns. · Attended a Meeting at Chambers with Orange Pipeline Opponents. · Attended Council Committee and Extra-Ordinary Meetings · Attended and Spoke at BBQ Lunch to Indoor Staff regarding Local Government Review and Implications. · Attended and Spoke at BBQ Lunch to Outdoor Staff regarding Local Government Review and Implications. · Attended Meeting at Chambers regarding Submission to Local Government Review Panel · Attended with General Manager the National General Assembly of Local Government in Canberra. · Attended the Evening RMS Briefing on the Major Upgrade Planned for the Mitchell Highway at the Molong RSL. · Performed Citizenship Ceremonies for Dragana Thorne and Karon Darby at Cabonne Council Chambers. · Attended the Minister of education Adrian Piccoli’s Visit to Yeoval Central School with Troy Grant for the Announcement of a Mutli Million Dollar Upgrade. Clr Dean · Attended Council’s Consultative Meeting · Attended Cudal Progress Meeting · Attended Council Committee Meetings · Attended Staff Meeting with General Manager · Attended Full Council Meeting · Attended Council’s Agri-technology Inspection. Clr MacSmith · Attended CENTROC Meeting at Parliament House · Met with Don Page Local Government · Attended Local Government Review Panel in Parkes · Attended Council Committee Meetings in Molong · Attended BBQ Lunch for Indoor Staff regarding Local Government Review and Implications. · Attended BBQ Lunch for Outdoor Staff regarding Local Government Review and Implications. · Attended Meeting at Council Chambers regarding Council’s Submission to Local Government Review Panel Clr Wilcox · Attended Committee meetings · Attended Council’s Extra-Ordinary Meeting · Attended Cumnock Progress Association. · Agri-Technology Tour of Borenore · Attended Council Meeting · Attended Extra-Ordinary Meeting on Local Government Review Panel Draft Submission. Clr Walker · Attended Cowra Council Committee Meeting · DIGILL Expo at Health Centre · Committee Meeting at Molong Chambers · Attended Eugowra Progress Association · Attended Central Tablelands Water in Molong · Attended Local Government Panel Review Meeting in Molong · Attended Community Services Meeting in Manildra · Attended Council Meeting in Molong.
	MOTION (Gosper/-) THAT the information contained in the Mayoral Minute be noted.
13/06/04	Carried

It was noted, the time being 2:35pm Clr Culverson declared a interest (identified as a pecuniary interest) in Item 14 of Determination, referred to in the following item, due to clients of her business working on this project and left the Chambers.

ITEM - 5 GROUPING OF REPORT ADOPTION

MOTION (Walker/Treavors)

THAT Items 6 to 16 be moved and seconded.

13/06/05

Carried

ITEM - 6 CONFIRMATION OF THE MINUTES

MOTION (Walker/Treavors)

THAT the minutes of the Ordinary Meeting held 21 May 2013 and Extraordinary Meeting held 11 June 2013 be adopted.

13/06/06

Carried

ITEM - 7 COMMUNITY SERVICES COMMITTEE MEETING

MOTION (Walker/Treavors)

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 11 June 2013 be adopted.

13/06/07

Carried

ITEM - 8 ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING

MOTION (Walker/Treavors)

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 11June 2013 be adopted.

13/06/08

Carried

ITEM - 9 WORKS COMMITTEE

MOTION (Walker/Treavors)

THAT the report and recommendations of the Works Committee Meeting of Cabonne Council held 11 June 2013 be adopted.

13/06/09

Carried

ITEM - 10 CHERRY TREES FALLS ROAD CLOSURE

MOTION (Walker/Treavors)

THAT Council:

1. Approve the closure of the unused Council Road off Belubula Way.

2. Authorise the lodgment of the road closure application.

13/06/10

Carried

ITEM - 11 REQUEST FOR ASSISTANCE WITH LEGAL COSTS - MID-WESTERN REGIONAL COUNCIL

MOTION (Walker/Treavors)

THAT Council contribute $2,867.00 towards assistance with legal costs incurred in relation to Mid-Western Regional Council.

13/06/11

Carried

ITEM - 12 LOCAL GOVERNMENT REMUNERATION TRIBUNAL 2013 ANNUAL REVIEW – COUNCILLORS & MAYORAL FEES

MOTION (Walker/Treavors)

THAT from 1 July 2013 the annual fees payable to Councillors be set at $10,480 and the additional annual fee payable to the Mayor be set at $22,870.

13/06/12

Carried

ITEM - 13 MOU FOR THE REGIONAL DOMESTIC WASTE CONTRACT TENDER PROCESS

MOTION (Walker/Treavors)

THAT:

1. Council enter into the MOU for the Regional Tender of Waste Services through Netwaste, and

2. The General Manager be authorised to sign the MOU.

13/06/13

Carried

ITEM - 14 FUNDING ASSISTANCE AGREEMENT FOR ON-PROPERTY WORKS COSTS FOR THE YEOVAL AND CUMNOCK SEWERAGE SCHEMES

MOTION (Walker/Treavors)

THAT Council affix the Seal and sign the Conditions of agreement for the funds from the Country Towns Water and Sewer Fund.

13/06/14

Carried

ITEM - 15 MAKING OF RATES AND CHARGES FOR 2013-2014

MOTION (Walker/Treavors)

THAT Council:

1. Adopt the Pricing Policy and Fees and Charges for the 2013-2014

2. Make and levy the rates for 2013-2014, as shown on the rating schedule attached.

3. Approve the Definitions relating to the various “Rating Categories” in the annexure attached hereto.

4. In accordance with Section 566(3) of the Local Government Act 1993, adopt the maximum rate of interest to apply to outstanding rates and charges for 2013-2014 rating year. That rate is 9%.

13/06/15

Carried

ITEM - 16 INTEGRATED PLANNNING AND REPORTING

MOTION (Walker/Treavors)

THAT:

1. Council adopts the Draft Delivery Program 2013/14 to 2016/17

2. Council adopts the Draft Operational Plan 2013/14, including Part 1 – The Activities and Part 2 – Financials (including Fees and Charges)

3. Council adopts the Draft Resource Plans, including Workforce Management Plan; Asset Management Plan (Asset Management Plan, Asset Management Policy, Asset Management Strategy, Water Supply Asset Management Plan, Building Asset Management Plan, Recreation Asset Management Plan, Transport Asset Management Plan and Sewer Asset Management Plan) and the Long Term Financial Plan as amended at the extra-ordinary meeting held Tuesday, 11^th June, 2013.

4. Council submits a copy of these Plans to the NSW Division of Local Government by 30 June 2013.

13/06/16

Carried

It was noted, the time being 2:36pm Clr Culverson rejoined the meeting.

ITEM - 17 FIXING THE DATE AND TIME OF REGULAR MEETINGS OF COUNCIL AND VARIOUS COMMITTEE MEETINGS.

MOTION (Durkin/Treavors)

THAT Council:

1. Continue with the current format of meeting dates and times.

2. Hold a workshop on July Committees meeting day relating to pros and cons of holding meetings concurrently.

13/06/17

Carried

ITEM - 18 2013 LOCAL GOVERNMENT NSW CONFERENCE

MOTION (Dean/Davison)

THAT Council:

1. Be represented at the 2013 Local Government NSW Annual Conference by the Mayor, two observers being the Deputy Mayor Clr MacSmith and Clr Davison, and the General Manager in an advisory capacity.

2. Identify issues and/or Motions to be submitted to the Conference at an Extraordinary meeting to be held 2 July 2013.

13/06/18

Carried

	ITEM - 19 LOCAL GOVERNMENT REVIEW PANEL
	Proceedings in Brief It was noted the Mayor advised that in view of some of the privileged information content of the Future Directions Paper that this item should be discussed in a Closed session of Council.
	MOTION (Wilcox/Hayes) THAT this matter be considered in Closed.
13/06/19	Carried

ITEM - 20 CARGO RURAL FIRE SERVICE

MOTION (Wilcox/Davison)

THAT Council apply to the Land and Property Management Authority to have the dedication of R71367 changed to “Community Use” or some other acceptable purpose to enable the existing building on the reserve to be utilised for rural fire service administration and training purposes.

13/06/20

Carried

ITEM - 21 POLICY DATABASE - PROPOSED DELETION OR MERGING OF POLICIES

MOTION (Wilcox/Nash)

THAT:

1. The policies listed in the report with a recommendation of “Delete” be deleted from Council’s policy database.

2. The annexed draft Corrupt Conduct - Reporting to ICAC, Interest Rates on Loans, Revenue and Sewer policies be adopted.

13/06/21

Carried

ITEM - 22 CENTRAL WEST LIBRARIES JOINT AGREEMENT

MOTION (Culverson/Durkin)

THAT Council:

1. Deem the draft Central West Libraries Joint Agreement as satisfactory.

2. Authorise delegates to vote in favour of its adoption at the next Central West Libraries Committee meeting.

13/06/22

Carried

ITEM - 23 LOCAL GOVERNMENT 2013

MOTION (Culverson/MacSmith)

THAT:

1. The Local Government Week Committee meet on 2^nd July 2013 Committee Day.

2. Council promote the “yes” vote for recognition of Local Government in the constitution at the upcoming referendum during Local Government Week.

3. Council hold an extraordinary meeting to adopt the recommendations of the Local Government Week Committee.

13/06/23

Carried

ITEM - 24 DELEGATION OF AUTHORITY - ROAD TRANSPORT (MASS, LOADING AND ACCESS) REGULATION 2005

MOTION (Wilcox/Nash)

THAT Council delegate its authority under the Road Transport (Mass, Loading and Access) Regulation 2005, pursuant to the delegation to Council by the Roads Minister, to make determination on applications subject to:

1. An application where the assessment finds the route is suitable/has acceptable levels of risk is determined by a report to a general meeting of Council.

2. An application where the assessment finds the route is unsuitable/has unacceptable levels of risk is determined by delegation to the General Manager.

13/06/24

Carried

ITEM - 25 DELEGATION OF AUTHORITY - ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999

MOTION (Wilcox/Davison)

THAT Council delegate its authority under Division 1 of Part 4 (Traffic Control devices) of the Road Transport (Safety and Traffic Management) Act 1999 to the General Manager, pursuant to the delegation to Council by the Roads Minister, to make determination on functions in that delegation.

13/06/25

Carried

ITEM - 26 MITCHELL ROOM

MOTION (Wilcox/Smith)

THAT Council donate the $385 fees for use of the Mitchell Room by the Molong Show Society in connection with the 2013 Show.

13/06/26

Carried

ITEM - 27 ENVIRONMENTAL SERVICES & SUSTAINABILITY COMMITTEE MEETING

MOTION (Wilcox/Treavors)

THAT the report and recommendations of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 11 June, 2013 be adopted and carried motions be noted.

13/06/27

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 as follows:

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

Against: Nil.

ITEM - 28 MODIFICATION TO DA 2012/009 FOR UPGRADE TO FORECOURT AREA, CANOWINDRA SERVICES AND CITIZENS CLUB, LOT 1 DP 112524, LOT 1 DP 74038 & LOT 15 DP 74037, GASKILL STREET, CANOWINDRA

MOTION (Walker/Durkin)

THAT Modified Development Application 2012/009 for alterations and additions to Canowindra Services & Citizens Club on Lot 1 DP 112524, Lot 1 DP 74038, and Lot 15 DP 74037, Gaskill Street, Canowindra be granted consent subject to the conditions attached.

13/06/28

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 as follows:

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

Against: Nil.

ITEM - 29 BUSINESS PAPER ITEMS FOR NOTING

MOTION (Culverson/Wilcox)

THAT:

1. Council further consider Item 4 called by Clr MacSmith and Item 6 called by Clr Culverson.

2. The balance of the items be noted.

13/06/29

Carried

ITEM - 30 QUESTIONS FOR NEXT MEETING

MOTION (MacSmith/Wilcox)

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

13/06/30

Carried

ITEM - 31 COMMUNITY ENERGY EFFICIENCY PROGRAM, CEEP

MOTION (Walker/MacSmith)

THAT:

1. Council approve the additional $21,785 funds for efficient lighting as per the BAEC quotation for the Molong Chambers and the Cudal depot bringing total cost to Council for the CEEP to $46,918.

2. Consider $57,058 funding for lighting up grade for the Cudal Office and Molong Depot in the 2014/15 budget.

3. The aditional CEEP Program costs to be funded from the Environmental and Sustainability Projects account.

13/06/31

Carried

ITEM - 32 INSTRUMENT OF AGREEMENT - E-ONE CORPORATION P/L

MOTION (Wilcox/Nash)

THAT the Council Seal is affixed to the Instrument of Agreement with Eone Corporation P/L for the supply of pressure sewer pumps and associated components as described in contract 02.0013.30 and revised prices as amended.

13/06/32

Carried

ITEM - 33 AFFIXING THE COUNCIL SEAL MANILDRA RESIDENTIAL SUBDIVISION DOCUMENTS

MOTION (Wilcox/Nash)

THAT Council affix the Seal to the Form 6 document of DA 2012/193.

13/06/33

Carried

ITEM - 34 MANILDRA TOILET AMENITIES SUBDIVISION BY LEASE.

MOTION (Wilcox/Culverson)

THAT Council affix the Seal to the Form 6 document, Plan of Subdivision of Lot 1 DP1027227 for lease purposes.

13/06/34

Carried

ITEMS FOR NOTATION

ITEM - 6 FORESTRY CORPORATION NSW - MACQUARIE REGION

MOTION (Culverson/Wilcox)

THAT the General Manager commence negotiations to enter into a road maintenance agreement with Forestry Corporation NSW.

13/06/35

Carried

CONFIDENTIAL ITEMS

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

MOTION (Wilcox/Davison)

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.

13/06/36

Carried

It was note a tabled Closed Mayoral Minute was addressed next.

ITEM - 9 MAYORAL MINUTE - GELATO FACTORY

Recommendation (Durkin/Dean)

THAT the General Manager negotiate with the outgoing tenant to achieve a plausible outcome for future use of the site.

Carried

The Chair called for a Division as requested by Clr Durkin which resulted in a unanimous vote for the motion as follows:

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

Against: Nil.

ITEM - 2 OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS

Recommendation (Walker/Davison)

THAT the information be noted.

Carried

ITEM - 3 UNRECOVERABLE SUNDRY DEBTOR ACCOUNTS

Recommendation (Hayes/Nash)

THAT Council write-off this total debt of $2,069.74 as unrecoverable.

Carried

It was noted, the time being 4:05pm Clr Durkin declared an interest (identified as a potential conflict of interest) in the following Item due to one of the Sundry Debtors being a tenant of a property owned by him and left the Chambers.

ITEM - 4 DEBT RECOVERY REPORT OF OUTSTANDING DEBTORS

Recommendation (Walker/Hayes)

THAT the Sundry Debtors in the annexure attached have a Statement of Claim made against them for the recovery of all monies owed to Council.

Carried

It was noted, the time being 4:06pm Clr Durkin rejoined the meeting.

ITEM - 5 COUNCIL OWNED OFFICE AT 70A GASKILL STREET CANOWINDRA - LEASE

Recommendation (Durkin/Walker)

THAT Council approve for the Commercial Lease at 70A Gaskill Street Canowindra to be allowed to continue on a month to month basis with the current tenant at the current rental amount.

Carried

ITEM - 6 BUSINESS DEVELOPMENT ASSISTANCE PROGRAM APPLICATION - RELOCATION OF POST OFFICE TO RTC EUGOWRA

Recommendation (Walker/Davison)

THAT Council under the Business Development Assistance Program:

1. Refund any Development Application fees associated with the relocation.

2. Provide further funding assistance with the establishment costs of relocating Australia Post Services to the Eugowra Rural Transaction Centre to the value of 50% of the cost of relocation expenses identified in the report.

Carried

ITEM - 7 MOLONG CARAVAN PARK

Recommendation (Durkin/Dean)

THAT Council renew the contract for 3 years under the terms recommended in the report.

Carried

ITEM - 8 NETWASTE TENDER 145/534/984/1 – TENDER FOR THE COLLECTION AND RECYCLING OF SCRAP METAL FOR COUNCILS IN THE NETWASTE REGION.

Recommendation (Wilcox/Dean)

THAT:

1. The Contract for the Collection and Recycling of Scrap Metal be awarded to Sims Metal Management.

2. Council confirms its involvement in the Contract to the NetWaste Projects Coordinator and execute the Contract documents as appropriate, including if necessary, affixing Council’s Seal.

Carried

It was noted at this time Council considered the following item which was resolved into Closed.

ITEM - 19 LOCAL GOVERNMENT REVIEW PANEL

Recommendation (Hayes/Wilcox)

THAT Council endorse the submission to the Future Directions paper of the Independent Local Government Review Panel.

Carried

It was noted the time being 4:29pm the Chair resumed the ordinary meeting.

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE

MOTION (Wilcox/Durkin)

THAT the Report and Recommendations of the Closed Committee of the Whole Meeting held on Tuesday 25 June, 2013 be adopted.

13/06/37

Carried

MATTERS OF URGENCY

There were nil matters of urgency.

There being no further business, the meeting closed at 4:29pm.

CHAIRMAN.

Chairman of the Ordinary Meeting of Cabonne Council held on the 16 July 2013 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.