Minutes of Ordinary Meeting

PRESENT Clr I Gosper (in the Chair), Clrs G Dean, M Nash, S Wilcox, G Smith, 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 Apologies were tendered on behalf of Clrs L MacSmith, M Hayes and A Durkin for their unavoidable absence from the meeting.
	MOTION (Wilcox/Davison) THAT the apologies tendered by Clrs L MacSmith, M Hayes and A Durkin be accepted and the necessary leave of absence be granted.
13/08/01	Carried

ITEM - 2 DECLARATIONS OF INTEREST

Proceedings in Brief

Clr Culverson declared an interest (identified as a pecuniary interest) in Item 36 of Determination due to a client of her business being a land owner on the proposed pipeline route. She also indicated she would be declaring an interest in a Closed Item and would provide details at that time.

Clr Gosper declared an interest (identified as a pecuniary interest) in Item 28 of Determination due to his wife being on the Board of the Assembly of God Church.

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 · July Council meeting · Attended other meetings with Residents · Attended CENTROC invitation to a meeting with the Shadow Local Government Minister Sophie Costis, re Local Government review in Orange along with other Mayor’s and General Managers · Attended on site for the funding announcement by our Local State Member Andrew Gee for the 7km upgrade design of the Mitchell Highway east of Molong · Age of Fishes with Sir David Attenborough and family · Attended officially opening of the new electronic scoreboard named after Kevin “Bullet” Dean at the Molong Recreational ground · Along with the General Manager, Deputy Mayor and the Director of Engineering at Central Tablelands Water invitation attended an on site meeting with Central Tablelands Water representatives of the “Needles” dam site, between Canowindra and Mandurama, along with local landholders · Committee meeting · Attended the Water Reference group meeting looking at ways of achieving potable water for Cumnock and Yeoval, at Molong Chambers · Molong Advancement Group monthly meeting · Attended a meeting at Chambers with the Royal Far West and Marketown Media Representatives along with the General Manager re possibilities for funding and promotion · Attended the presentation of Long Service Medals for the Nyrang Creek and Trajerie Bush Fire Brigade members at the Eugowra Bowling club Clr Dean · Attended opening of the Electronic score board at Molong · Committee Meeting · Council meeting Clr Treavors · Cudal Progress Association meeting · Council meeting Clr Walker · Business Chamber Meeting · Committee meeting · Eugowra Progress Association meeting · Central Tablelands Water - Grenfell · Eugowra RFS presentation · Council meeting
	MOTION (Gosper/-) THAT the information contained in the Mayoral Minute be noted.
13/08/02	Carried

ITEM - 5 GROUPING OF REPORT ADOPTION

MOTION (Walker/Wilcox)

THAT:

1. Items 6, 7, 9 to 12 and 14 to 19 be moved and seconded.

2. Council further consider Item 8 called by Clr Culverson and Item 13 called by Clr Davison.

13/08/03

Carried

ITEM - 6 CONFIRMATION OF THE MINUTES

MOTION (Walker/Wilcox)

THAT the minutes of the Ordinary Meeting held 16 July 2013 be adopted.

13/08/04

Carried

ITEM - 7 COMMUNITY SERVICES COMMITTEE MEETING

MOTION (Walker/Wilcox)

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 6 August, 2013 be adopted.

13/08/05

Carried

ITEM - 9 WORKS COMMITTEE MEETING

MOTION (Walker/Wilcox)

THAT the report and recommendations of the Works Committee Meeting of Cabonne Council held 6 August, 2013 be adopted.

13/08/06

Carried

ITEM - 10 QUARRY REVIEW COMMITTEE MEETING

MOTION (Walker/Wilcox)

THAT the report and recommendations of the Quarry Review Committee Meeting of Cabonne Council held 6 August, 2013 be adopted.

13/08/07

Carried

ITEM - 11 REVIEW OF ORGANISATIONAL STRUCTURE

MOTION (Walker/Wilcox)

THAT Council’s organisational structure consisting of the General Manager, Finance and Corporate Services, Engineering and Technical Services and Environmental Services Departments be endorsed.

13/08/08

Carried

ITEM - 12 DELEGATION OF AUTHORITY

MOTION (Walker/Wilcox)

THAT Subject to not receiving direction from the Council as to the consideration of any particular matter by the Council itself, and subject to the requirements of the Local Government Act 1993 and Regulations thereunder 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 s377 of the Local Government Act 1993, the General Manager, Andrew Lee Hopkins, be authorised to exercise or perform on behalf of the Council the powers, authorities, duties and functions as follows:

 The powers, functions and duties of Council other than those specified in s377(1) of the Local Government Act 1993, as being not permissible to delegate.

13/08/09

Carried

ITEM - 14 CHANGE OF CONTRACTOR ON TENDER

MOTION (Walker/Wilcox)

THAT Council approve the assignment of the Contract for External Auditing Services from Morse Group to Intentus.

13/08/10

Carried

ITEM - 15 GOVERNMENT INFORMATION PUBLIC ACCESS ACT 2009 (GIPA) - AGENCY INFORMATION GUIDE AND PROACTIVE RELEASE PROGRAM - ANNUAL REVIEW

MOTION (Walker/Wilcox)

THAT Council adopt the annexed draft Agency Information Guide and Proactive Release Program for the ensuing 12 months and make same available through Council’s website.

13/08/11

Carried

ITEM - 16 NSW GRAIN HARVEST MANAGEMENT SCHEME 2013/14

MOTION (Walker/Wilcox)

THAT Council supports the NSW Transport Grain Harvest Management Scheme 2013/14.

13/08/12

Carried

ITEM - 17 SOUTH CANOWINDRA RESERVE

MOTION (Walker/Wilcox)

THAT Council adopt the South Canowindra Reserve Plan of Management and support the formation of a volunteer group as outlined in the report.

13/08/13

Carried

ITEM - 18 MOLONG CARAVAN PARK MANAGEMENT CONTRACT

MOTION (Walker/Wilcox)

THAT Approval be given for the General Manager and Mayor to sign the contract and for Council’s seal to be affixed.

13/08/14

Carried

ITEM - 19 CARGO BABY HEALTH CENTRE RESERVE

MOTION (Walker/Wilcox)

THAT Council approve the draft Plan of Management to be placed on public display as outlined in the report.

13/08/15

Carried

	ITEM - 8 ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING
	Proceedings in Brief Clr Culverson wished it noted that whilst at the Economic Development & Tourism Committee meeting the recommendations were moved and seconded they were not put and therefore not carried: accordingly the report was incorrect. It was noted the Council could still adopt the recommendations.
	Recommendation (Culverson/-) THAT Item 4 of the Report of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 6 August, 2013 be adopted with the original staff recommendation of funding at $2,500.
	The motion lapsed for want of a seconder.
	MOTION (Wilcox/Davison) THAT Item 4 of the Report of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 6 August, 2013 be adopted as per the report recommendation.
13/08/16	Carried
	MOTION (Wilcox/Culverson) THAT the report and balance of the recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 6 August, 2013 be adopted.
13/08/17	Carried

ITEM - 13 COMMUNITY ENGAGEMENT

MOTION (Wilcox/Davison)

THAT Council authorise the variation of its Procurement (including local preference) Policy for the appointment of Groupwork Pty Ltd to assist in its Community Engagement Strategy.

13/08/18

Carried

ITEM - 20 COUNCIL PICNIC DAY

MOTION (Walker/Wilcox)

THAT:

1. Council approve the annual Picnic Day to be held on Friday 18 October 2013.

2. Council authorise the attendance of all Councillors at the Picnic Day.

3. Councillors note the cost of $52.00 for attending the Picnic Day to be paid to the Picnic Committee from the Councillor Expense Account.

13/08/19

Carried

ITEM - 21 CANOWINDRA SIGNAGE

MOTION (Wilcox/Walker)

THAT Council approve the amount of $3,960 (inc GST) to be expended from the Canowindra Town Improvement Fund for the construction of two directional signs pointing to the Canowindra Town Centre and the Age of Fishes Museum with the addition of a Council Logo on the sign.

13/08/20

Carried

ITEM - 22 TOWN & VILLAGE PROJECT FUNDING

MOTION (Walker/Nash)

THAT Council:

1. Adopt the revised town and village project funding schemes outlined in the report and return unexpended funds to the future Capital Works Reserve.

2. Issue a Media Release and write to progress associations and previous applicants advising of the changes to village project funding schemes.

13/08/21

Carried

ITEM - 23 POLICY DATABASE - ADVICE OF REVIEW BY COUNCIL - 12 MONTHS FROM ELECTION

MOTION (Wilcox/Smith)

THAT Council:

1. Adopt the Draft Cabonne After School Hours Care Policy.

2. Review existing policies and advise the General Manager of any proposed changes by Monday 26 August 2013.

13/08/22

Carried

	ITEM - 24 CANOWINDRA POOL - MARSHALLING AREA SHADE
	Proceedings in Brief It was noted recommendation 2 required Council to select an option.
	MOTION (Walker/Wilcox) THAT Council: 1. Approve the variation of $21,500 for the replacement of the shade structure over the marshalling area and 2. Not provide of an internal pool fence around the play pool at this time. 3. Authorise a contingency amount of $140,000 over the original tendered amount. 4. Authorise the General Manager to approve variations within the Contingency allowance.
13/08/23	Carried

ITEM - 25 REVOTES FROM THE 2012/13 BUDGET TO BE INCLUDED IN THE 2013/14 BUDGET

MOTION (Wilcox/Walker)

THAT Council approve the revotes from the 2012/13 budget to be included the 2013/14.

13/08/24

Carried

ITEM - 26 CANOWINDRA SESQUICENTENARY BUSHRANGER STREET PARADE - 12 OCTOBER 2013

MOTION (Wilcox/Dean)

THAT authorisation be given to the Canowindra Bushranger Jubilee Committee (the Event Organiser) to close Gaskill Street between 1PM and 4PM on 12 October 2013 and regulate traffic for the purpose of conducting the Canowindra Sesquicentenary Bushranger Street Parade (the Event) as set out in the Event Organiser’s application subject to the following conditions:

1. The Traffic Control Plan (TCP) submitted by the Event Organiser has been accepted as is to be fully implemented by the Event Organiser:

a. The TCP shall be signed off by a currently accredited “Design/Audit TCPs” (RMS Orange Ticket) person, showing certificate number and expiry date

b. The TCP shall be set up under the supervision of a current RMS accredited “Apply TCPs” (RMS Yellow Ticket) person

2. Cabonne Council is to be provided with the Event Organiser’s Certificate of Currency of $20M public liability insurance policy, noting Cabonne Council’s interests and the date and time of the Event.

3. The Event Organiser shall obtain written Police Approval from the Canobolas LAC.

4. The Event Organiser shall fully implement its Traffic Management Plan, including:

a. Fully implementing the submitted Risk Management Plan

b. Notifying all emergency services, including the local ambulance, fire brigade and hospital

c. Approval obtained from owner’s regarding any use of private property

d. Notifying all affected businesses and residents regarding the road closure as least 7 days prior to the Event by letterbox drop or otherwise

5. The Event Organiser shall reimburse Cabonne Council for the cost of advertising the road closure, as per the requirements in the Roads Act.

6. The Event Organiser shall maintain a 4m wide passageway within the closed sections of road for emergency vehicle access.

7. The Event Organiser shall provide access for road users with legitimate business within the closed section of roadway.

8. The Event Organiser shall be responsible for any damage caused to Council infrastructure as a result of the event.

9. The Event Organiser shall maintain the closed section of road in a clean and tidy condition.

10. Nothing is to be thrown or handed out from floats or vehicles in the parade (e.g. lollies and flyers).

11. This approval is for the Road Closure. Approval for the event must be sought from Council’s Planning Department.

12. Council reserves the right to cancel this approval at any time

13/08/25

Carried

ITEM - 27 LANDSCAPING OF LOT A DP 359347 EUGOWRA

MOTION (Wilcox/Walker)

THAT Council allocate $20,000 from the Town & Village Beautification Reserve for the landscaping of Lot A DP 359347 and Lot 15 DP 1044001.

13/08/26

Carried

It was noted, the time being 2:55pm Clr Gosper declared an interest (identified as a pecuniary interest) in the following Item 28 due to his wife being a board member of the Church group using the hall and left the Chambers.

	PROCEDURAL ITEM - ELECTION OF CHAIR
	It was noted that with the absence of the Deputy Mayor the General Manager requested nominations to take the Chair in the Mayor’s absence.
	MOTION (Davison/Treavors) THAT Clr Wilcox assume the Chair.
13/08/27	Carried

It was noted Clr Wilcox assumed the Chair.

ITEM - 28 MOLONG OLD GUIDES HALL

MOTION (Walker/Davison)

THAT the Molong Community Church be encouraged to apply for a CIP (now CAP) grant for the project outlined in the report.

13/08/28

Carried

It was noted, the time being 2:57pm Clr Gosper rejoined the meeting and resumed the Chair.

ITEM - 29 ENVIRONMENTAL SERVICES & SUSTAINABILITY COMMITTEE MEETING

MOTION (Wilcox/Davison)

THAT the report and recommendations of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 6 August, 2013 be adopted and carried motions be noted.

13/08/29

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 MacSmith, Hayes and Durkin - apologies) as follows:

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

Against: Nil.

ITEM - 30 MODIFICATION OF DEVELOPMENT APPLICATION 2010/177 FOR ANIMAL BOARDING AND TRAINING ESTABLISHMENT AND ANCILLARY DWELLING FOR LOT 100 DP 1145134, FOUR MILE CREEK ROAD, SPRINGSIDE

MOTION (Culverson/Wilcox)

THAT Modification Development Application 2010/177 for Animal Boarding and Training Establishment and Ancillary Dwelling on Lot 100 DP 1145134, corner Four Mile Creek Road and Giles Road, Springside, be granted consent subject to the conditions attached.

13/08/30

Carried

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

Against: Nil.

ITEM - 31 REQUEST FOR REIMBURSEMENT OF DEVELOPMENT APPLICATION FEES FOR LYNDON COMMUNITY REHABILITATION CENTRE

MOTION (Culverson/Davison)

THAT Council donate $752.40 from its s356 budget to The Lyndon Community, being the amount equivalent to Development Application fees paid in association with DA 2013/0216 for kitchen renovations and the installation of fire sprinkler at The Lyndon Community Rehabilitation Centre, Canowindra.

13/08/31

Carried

ITEM - 32 REQUEST FOR REIMBURSEMENT OF DEVELOPMENT APPLICATION FEES BY CUMNOCK PROGRESS ASSOCIATION

MOTION (Wilcox/Nash)

THAT Council donate $285.00 from its s356 budget to Cumnock Progress Association being the amount equivalent to development application fees paid in association with DA 2013/210 for Sculpture (Horse Sculpture) as a part of the Animal on Bikes promotion on Lot 1 DP 1078268, Obley Street, Cumnock.

13/08/32

Carried

ITEM - 33 REQUEST FOR REIMBURSEMENT OF DEVELOPMENT APPLICATION FEES FOR THE RELOCATION OF THE EUGOWRA POST OFFICE

MOTION (Walker/Wilcox)

THAT Council donate $278.75 from its s365 budget to Eugowra Promotion and Progress Association Inc, being the amount equivalent to Development Application 2014/002 for construction of awning and post boxes on the relocated Eugowra Post Office, Lot 8 DP 10272 Broad St, Eugowra

13/08/33

Carried

	ITEM - 34 BUSINESS PAPER ITEMS FOR NOTING
	Proceedings in Brief Council further considered Items 3, 4 and 9. Such consideration did not result in a Motion.
	MOTION (Wilcox/Culverson) THAT: 1. Council further consider Items 3, 4 and 9. 2. The balance of the items be noted.
13/08/34	Carried

ITEM - 35 QUESTIONS FOR NEXT MEETING

Proceedings in Brief

There were nil reports requested for next meeting.

It was noted, the time being 3:29pm Clr Culverson declared an interest in the following Item (identified as a pecuniary interest) due to a client of her business being a landowner on the proposed pipeline route and left the Chambers.

ITEM - 36 MACQUARIE RIVER TO ORANGE PIPELINE

MOTION (Wilcox/Walker)

THAT subject to the Federal Government’s approval of the project, Council endorse the Dilapidation Survey for the roads that may be affected by the pipeline construction mentioned in the report.

13/08/35

Carried

It was noted, the time being 3:40pm Clr Culverson rejoined the 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/Nash)

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.

13/08/36

Carried

ITEM - 2 OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS

Recommendation (Dean/Nash)

THAT the information be noted.

Carried

ITEM - 3 MOLONG GELATO FACTORY

Recommendation (Walker/Culverson)

THAT Council ratify the actions of the General Manager as outlined in the report and authorise the transfer of funds from the Land Development Reserve to cover the costs outlined in the report.

Carried

It was noted, the time being 3:49pm Clr Culverson declared an interest in the following item (identified as a perceived significant non-pecuniary interest) due to having business dealings with one of the tendering companies and left the Chambers.

ITEM - 4 CENTROC - SUPPLY OF FUEL CONTRACT

Recommendation (Walker/Treavors)

THAT Council authorise the General Manager to execute the contract with the complying tenders, being Park Fuels, Oilsplus and Reliance Petroleum for the supply of fuel under the terms of Contract No. S1-2013P,R&O.

Carried

It was noted, the time being 3:50pm Clr Culverson rejoined the meeting.

ITEM - 5 CONTRACT 451230 - FEASIBILITY STUDY FOR MOLONG TOWN LEVEE

Recommendation (Wilcox/Treavors)

THAT:

1. Council accept the tendered amount of $107,026 (exc GST) from SMEC Australia Pty Ltd subject to future funding availability and only complete Phase A of the contract for the submitted price of $28,811 with an upper limiting budget fee of $54,000 for any subsequent works and variations, at this stage.

2. Council affix the Common Seal to Contract 451230.

Carried

ITEM - 6 WBC ALLIANCE BITUMEN SEALING TENDER

Recommendation (Dean/Wilcox)

THAT:

1. Council accept the tender from Downer EDI Works trading as Downer Australia for the Sprayed Bituminous Sealing Contract – 2013/2015, Contract No. 8/2013 in the amount of $8,282,705, with the Cabonne Council component being $4,555,487.

2. Council authorise the signing and attachment of the Council Seal to the contract deed of agreement between Cabonne Council and Downer EDI Works.

Carried

ITEM - 7 DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS

Recommendation (Wilcox/Smith)

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

It was noted the time being 3:53pm the Chair resumed the Ordinary meeting.

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE

MOTION (Wilcox/Walker)

THAT the Report and Recommendations of the Closed Committee of the Whole Meeting held on Tuesday 20 August, 2013 be adopted.

13/08/37

Carried

There being no further business, the meeting closed at 3:54pm.

CHAIRMAN.

Chairman of the Ordinary Meeting of Cabonne Council held on the 17 September, 2013 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.