Minutes of Ordinary Meeting - 17 September 2013

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, Director of Environmental Services and Administration Manager.

ITEMS FOR DETERMINATION

It was noted the time being 2:00pm the Mayor made a presentation to Emily Peffer Youth of the Month for June.

It was noted the time being 2:05pm the Mayor spoke on Australian Citizenship Day.

ITEM - 1 ACKNOWLEDGEMENT OF COUNTRY

Proceedings in Brief

The Mayor recited an Acknowledgement of Country in accord with Council’s Code of Meeting Practice policy.

ITEM - 2 APPLICATIONS FOR LEAVE OF ABSENCE

Proceedings in Brief

There were nil apologies tendered.

ITEM - 3 DECLARATIONS OF INTEREST

Proceedings in Brief

Clr Treavors declared an interest (identified as a perceived conflict of interest) in Item 30 of Ordinary due to being a member of the Cudal Swimming Pool Committee and also declared an interest (identified as a perceived conflict of interest) in Item 42 of Ordinary due to being a past member of the Cudal/Cargo Lions Club.

Clr Durkin declared an interest (identified as a perceived conflict of interest) in Item 7 of Closed due to having work related interactions with the current manager in his capacity as a Police Officer.

ITEM - 4 DECLARATIONS FOR POLITICAL DONATIONS

Proceedings in Brief

There were nil declarations of political donations.

	ITEM - 5 MAYORAL ELECTIONS PROCEDURES 2013
	Proceedings in Brief It was noted the time being 2:11pm the Mayor declared the position of Mayor vacant and handed over to the General Manager as Returning Officer.
	MOTION (Treavors/MacSmith) THAT Council re-affirm its previous practice of conducting voting for the positions of Mayor and Deputy Mayor by preferential ballot where three or more nominations are received, otherwise by ordinary ballot.
13/09/1	Carried
	MOTION (Culverson/Treavors) THAT details of the voting for the positions of Mayor and Deputy Mayor be made public.
13/09/2	Carried

ITEM - 6 ELECTION OF MAYOR 2013/14

Proceedings in Brief

The General Manager advised that only one (1) nomination for the position of Mayor had been received, that being Clr Gosper, as such an election would not be required.

Clr Gosper confirmed his acceptance of the nomination for the position of Mayor.

There being no other nominations for the position, the General Manager declared Clr Ian Gosper duly elected as the Mayor of Cabonne Council for the ensuing term.

ITEM - 7 ELECTION OF DEPUTY MAYOR 2013/14

Proceedings in Brief

The General Manager advised that only one (1) nomination for the position of Deputy Mayor had been received, that being Clr MacSmith, as such an election would not be required.

Clr MacSmith confirmed his acceptance of the nomination for the position of Deputy Mayor.

There being no other nominations for the position, the General Manager declared Clr MacSmith duly elected as the Deputy Mayor of Cabonne Council for the ensuing term.

ITEM - 8 DESTRUCTION OF BALLOT PAPERS

MOTION (Culverson/Hayes)

THAT Ballot Papers for the positions of Mayor and Deputy Mayor be destroyed upon the completion of formalities associated with the respective Ballots.

13/09/3

Carried

It was noted the time being 2:16pm Clr Gosper assumed the Chair as the re-elected Mayor.

ITEM - 9 DELEGATION TO THE MAYOR AND DEPUTY MAYOR (IN THE MAYOR'S ABSENCE)

MOTION (Culverson/Smith)

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 Mayor Ian Joseph Gosper and, where allowed, in his/her absence the Deputy Mayor Lachlan Bruce MacSmith be authorised to exercise or perform on behalf of the Council the powers, authorities, duties and functions as follows:

i. to incur expenditure up to the sum of $1,000 for incidental expenses, within approved votes of Council.

ii. to receive a public interest disclosure in circumstances assigned to the position of Mayor in Council’s Public Interest Disclosure (Internal Reporting) Policy.

13/09/4

Carried

	ITEM - 10 STANDING COMMITTEES
	MOTION (Walker/-) THAT the Motion be put.
13/09/5	Carried
	MOTION (MacSmith/Walker) THAT Council retain the Panel system with Standing Committees’ core Members for the 2013/2014 year to be as per the previous year on Panel A and Panel B. Panel A - Works Committee, Community Services Committee, Audit Committee and Rate Review Committee Clrs G Dean, I Gosper, M Hayes, M Nash, G Smith and K Walker. Panel B - Environmental Services & Sustainability Committee and Economic Development & Tourism Committee Clrs J Culverson, I Davison, A Durkin, L MacSmith, G Treavors, and S Wilcox.
13/09/6	Carried

ITEM - 11 OTHER COUNCIL COMMITTEES THAT MEET AS AND WHEN REQUIRED

MOTION (Dean/Culverson)

THAT the Committee Members for Council Committees that meet as and when required for the 2013/2014 year be retained as they are i.e. as follows.

1) FLOODPLAIN MANAGEMENT COMMITTEE & DISTRICT FLOODPLAIN MANAGEMENT SUB-COMMITTEES

Noted as disbanded.

2) LOCAL GOVERNMENT WEEK COMMITTEE

Panel B: Clrs J Culverson, I Davison, A Durkin, L MacSmith, G Treavors and S Wilcox.

3) FOUR TOWN SEWERAGE COMMITTEE

Panel A: Mayor (Clr I Gosper) and Clrs G Dean, M Hayes, M Nash, G Smith, and K Walker, and the Director of Engineering & Technical Services.

4) HERITAGE COMMITTEE

Clr S Wilcox and the Director of Environmental Services with Clr J Culverson as the alternate delegate. It is noted Council’s Heritage Advisor also attends plus 5 community representatives.

5) AUSTRALIA DAY AWARDS COMMITTEE

All the councillors and the General Manager.

6) LAND DEVELOPMENT SUB-COMMITTEE

The Mayor (Clr I Gosper) and Clrs Nash, Davison and Culverson, Director of Environmental Services, Director of Finance and Corporate Services, Director of Engineering and Technical Services and Economic Development Manager.

7) QUARRY REVIEW COMMITTEE

Clrs Gosper, Dean, Nash, MacSmith, Hayes, Wilcox, Smith, Walker and Culverson.

13/09/7

Carried

ITEM - 12 DELEGATES TO OTHER ORGANISATION - FOR THE TERM OF COUNCIL

MOTION (Treavors/Walker)

THAT Council note its delegates to Central Tablelands Water, Central West Libraries and Cabonne/Orange/Blayney Enterprise Centre for the term of Council.

13/09/8

Carried

ITEM - 13 DELEGATES TO OTHER ORGANISATIONS - FOR THE YEAR 2013/14

MOTION (Dean/Culverson)

THAT Council’s Delegates and Representatives to other organisations (as listed below) for the 2013/2014 year be as follows.

1) ARTS OUT WEST

Clr S Wilcox.

2) ASSOCIATION OF MINE RELATED COUNCILS INC

Clr S Wilcox with Clr I Davison as alternative delegate and the Director of Environmental Services.

3) AUSTRALIA WIDE RURAL ROAD GROUP (AWRRG)

The Chair of the Works Committee and Clr M Hayes, with Clr Culverson as alternative delegate.

4) BELUBULA RIVER JOINT COMMITTEE

Clr K Walker with Clr A Durkin as an alternative delegate.

5) CABONNE CARAVAN PARK COMMITTEE

Clrs I Gosper, G Dean and K Walker; and the Director of Engineering and Technical Services, Finance Manager, Urban Assets Coordinator and Services Overseer.

6) CABONNE CONSULTATIVE COMMITTEE

Clrs G Dean and J Culverson.

7) CABONNE/ORANGE ROAD SAFETY COMMITTEE

Clr G Treavors with Clr G Dean as the alternative representative.

8) CABONNE COUNTRY TOURISM ADVISORY COMMITTEE

Clr I Davison with Clr S Wilcox as the alternative representative.

9) CADIA - MREMP COMMITTEE

The Director of Environmental Services.

10) CADIA – COMMUNITY CONSULTATIVE COMMITTEE

Director of Environmental Services with Clr L MacSmith as the alternative representative.

11) CANOBOLAS BUSH FIRE MANAGEMENT COMMITTEE

Clr G Smith with Clr L MacSmith as alternative delegate and Council’s Director of Environmental Services.

12) CANOBOLAS ZONE LIAISON COMMITTEE

Clr I Gosper with Clr L MacSmith as alternative delegate and the Director of Engineering and Technical Services.

13) CANOWINDRA AGE OF FISHES MUSEUM BOARD and STRATEGIC ADVISORY COMMITTEE OF THE CANOWINDRA AGE OF FISHES MUSEUM

Clr A Durkin with Clr K Walker as the alternative delegate.

14) CANOWINDRA FOOD BASKET ADVISORY GROUP

Clr K Walker.

15) CARGO ROAD USERS ASSOCIATION

Clr L MacSmith with Clr G Dean as an alternative delegate.

16) CENTRAL WEST CATCHMENT MANAGEMENT AUTHORITY (CWCMA)

Clr MacSmith as delegate and Clr Wilcox as alternative delegate.

17) CENTRAL WEST MINING LIAISON COMMITTEE - (CABONNE/ORANGE/BLAYNEY)

The Mayor (Clr I Gosper) with Clr L MacSmith as the alternative delegate.

18) CENTROC HEALTH WORKFORCE COMMITTEE

Clr M Nash with the Mayor (Clr I Gosper) as the alternative delegate and the Community Services Manager.

19) WESTERN NSW LOCAL HEALTH DISTRICT– CABONNE HEALTH COUNCIL

Clr M Nash with Clr J Culverson as the alternative delegate.

20) HACC JOINT COMMITTEE

Clr K Walker with Council’s Community Services Manager as alternative delegate.

21) LACHLAN REGIONAL TRANSPORT COMMITTEE

Clr A Durkin with Clr K Walker as the alternative delegate and Director of Engineering and Technical Services (as and when required).

22) LITTLE RIVER LANDCARE CATCHMENT MANAGEMENT

Clr G Smith.

23) LOCAL EMERGENCY MANAGEMENT COMMITTEE

The Mayor (Clr I Gosper), the General Manager as the chair, the Director of Engineering and Technical Services as the Local Emergency Management Officer and Council’s Operations Manager as the Deputy Local Emergency Management Officer.

24) MOLONG MEDICAL COMMITTEE

Clr M Hayes with Clr M Nash as the alternative representative.

25) NOXIOUS WEEDS ADVISORY COMMITTEES

Lachlan Valley Noxious Weeds Advisory Committee

Clr K Walker with Clr M Hayes being the alternative delegate.

Upper Macquarie Noxious Weeds Advisory Committee

Clr I Gosper with Clr L MacSmith being the alternative delegate.

26) NSW OFFICE OF WATER RURAL LANDHOLDER SUB-COMMITTEE

Clr L MacSmith.

27) OPHIR RESERVE TRUST BOARD

‘Councillor’ has been Clr J Culverson.

28) ORANGE/MUDGEE ROAD LINK COMMITTEE

Clr J Culverson with Clr S Wilcox as the alternative delegate.

29) SALINITY ACTION ALLIANCE

Clr L MacSmith with Clr M Hayes as the alternative delegate and the Director of Environmental Services.

30) SYDNEY ROADLINKS COMMITTEE

The Mayor (Clr I Gosper) with Clrs I Davison and M Hayes as the optional alternative delegates. The Director of Engineering & Technical Services also attends these meetings as an observer.

31) TRAFFIC COMMITTEE

Clr G Dean with the Mayor (Clr I Gosper) as the alternative delegate. Clr Culverson also attends these meetings as an observer.

32) VERTO LTD (previously known as Central West Community College)

Clr S Wilcox.

33) WALUWIN CENTRE GOVERNANCE COMMITTEE

Clr M Hayes with Clr G Smith as the alternative delegate.

34) WALUWIN MOLONG HEALTHONE HEALTH SERVICES ADVISORY COMMITTEE

Clr M Hayes with Clr M Nash as the alternative delegate.

35) WELLINGTON/DUBBO LANDCARE MANAGEMENT

Clr G Smith with Clr S Wilcox as the alternative delegate.

13/09/9

Carried

ITEM - 14 DELEGATES TO OTHER ORGANISATIONS - COMMUNITY PEAK ORGANISATIONS

MOTION (MacSmith/Nash)

THAT the delegates to Community Peak Organisations be as listed below, subject to the support from these Organisations, for the 2013/2014 year:

Town	Organisation	Meetings	Representative
Manildra	Manildra and District Improvement Association (MADIA)	1^st Wednesday of each month	Clr M Nash (Clr M Hayes as alternate)
Cumnock	Cumnock and District Progress Association	3^rd Thursday of each month	Clr G Smith (Clr S Wilcox as alternate)
Yeoval	Yeoval and District Progress Association	1^st Tuesday of each month	Clr G Smith (Clr I Gosper as alternate)
Molong	Molong Advancement Group	1^st Thursday of each month	Clr I Gosper (Clr M Hayes as alternate)
Mullion Creek	Mullion Creek & District Progress Association	4^th Tuesday of each month	Clr J Culverson (Clr S Wilcox as alternate)
Cargo	Cargo Progress Association	1^st Thursday of every second month	Clr L MacSmith (Clr G Dean as alternate)
Borenore	Borenore Community Progress Association	As and when advised	Clr I Davison (Clr L MacSmith as alternate)
Canowindra	Canowindra Business Chamber	2^nd Wednesday of each month	Clr A Durkin (Clr K Walker as alternate)
Eugowra	Eugowra Promotion and Progress Association	2^nd Tuesday of each month	Clr K Walker (Clr G Dean as alternate)
Cudal	Cudal Progress Association	1^st Tuesday of each month	Clr G Treavors (Clr G Dean as alternate)
Spring Hill/Spring Terrace	Spring Hill/Spring Terrace Committee	3^rd Tuesday of each month	Clr S Wilcox (Clr L MacSmith as alternate)
Canowindra	Canowindra Sports Trust	2^nd Wednesday of each month	Clr A Durkin (Clr K Walker as alternate)

13/09/10

Carried

ITEM - 15 ALTERNATE DELEGATE TO COMMITTEES OTHER THAN COUNCIL COMMITTEES

MOTION (Culverson/Davison)

THAT the information be noted.

13/09/11

Carried

ITEM - 16 FIXING THE DATE AND TIME OF REGULAR MEETINGS OF COUNCIL AND VARIOUS COMMITTEE MEETINGS

MOTION (Durkin/Nash)

THAT the date and time of regular Meetings of Council and various Committee Meetings remain as is, with the exception that the October and November Committee meetings be held on 8 October and 12 November respectively.

13/09/12

Carried

ITEM - 17 THE PAYMENT OF EXPENSES AND THE PROVISION OF FACILITIES FOR MAYOR AND COUNCILLORS 2014 POLICY

MOTION (Culverson/Dean)

THAT Council:

1. Endorse the draft Payment of Expenses & Provision of Facilities for Mayor and Councillors 2014 Policy including limits for expenses listed, with the Internet Access plan upgraded to 4GB.

2. In accordance with the provisions of the Local Government Act 1993, advertise the intended adoption of (and any proposed changes to) Council’s Payment of Expenses & Provision of Facilities for Mayor and Councillors 2014 Policy.

3. Receive a further report to the November Council meeting for consideration of submissions and adoption of the Payment of Expenses & Provision of Facilities for Mayor and Councillors 2014 Policy.

13/09/13

Carried

	ITEM - 18 MAYORAL MINUTE - APPOINTMENTS
	Proceedings in Brief Clr Gosper · Council meeting · Attended Canobolas Zone R.F.S liaison meeting · Attended and gave an address to Year 11 students at Canowindra High School on Leadership · CENTROC board meeting in Dubbo · Attended the Announcement of the Green Army Funding at Mount Panorama by MP John Cobb which included funding for Cabonne projects · Cabonne Council Caravan Park meeting · Committee meetings and workshop · WBC Annual General meeting · Attended a meeting with Deputy Mayor, Clr Walker, General Manager and Directors with a deputation from the Eugowra Progress Association re Last year’s LEP · Attended an on site meeting at Cumnock landfill with Clr Smith and Director of Environmental Services and an adjoining neighbour re wind blown litter concerns · Spent the day with the Mayor Kim Ford and General Manager Peter Jackson from our sister city council from Hawkesbury on a tour of our great Cabonne area Meeting at office with Yeoval Progress Association · Attended the Little River Landcare Group’s Annual General meeting at Yeoval along with the General Manager and Clrs Durkin and Culverson Attended the Meet U in Molong and Balloon Glow Clr Dean Committee meetings Workshop for Local Government Review Council meeting Clr MacSmith CENTROC meeting in Dubbo with Mayor and General Manager Committee meeting and Forum for amalgamation direction WBC meeting Annual General meeting Meeting with Eugowra residents re LEP Attended conference for Local Government Water Management Clr Durkin Committee meetings Annual General Meeting for Little River Land Care group Council meeting Clr Walker Eugowra Meals on Wheels presentation Caravan Park meeting – Cudal Committee meetings Eugowra Progress Association meeting Hawkesbury Visit - Age of Fishes Council meeting Clr Davison Attended two Borenore Community Progress Association meetings Central West Tourism Board meeting Council meeting Committee meetings Cabonne Country Tourism Advisory Committee meeting
	MOTION (Gosper/-) THAT the information contained in the Mayoral Minute be noted.
13/09/14	Carried

	ITEM - 19 GROUPING OF REPORT ADOPTION
	Proceedings in Brief The Director of Finance & Corporate Services tabled the drafts of the Primary Financial Statements for the General Purpose and Special Purpose Reports for 2012/2013 relating to Item 24.
	MOTION (Walker/Dean) THAT Items 20 to 30 be moved and seconded.
13/09/15	Carried

ITEM - 20 CONFIRMATION OF THE MINUTES

MOTION (Walker/Dean)

THAT the minutes of the Ordinary Meeting held 20 August 2013 be adopted.

13/09/16

Carried

ITEM - 21 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 3 September, 2013 be adopted.

13/09/17

Carried

ITEM - 22 COMMUNITY SERVICES COMMITTEE MEETING

MOTION (Walker/Dean)

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 3 September, 2013 be adopted.

13/09/18

Carried

ITEM - 23 WORKS COMMITTEE MEETING

MOTION (Walker/Dean)

THAT the report and recommendations of the Works Committee Meeting of Cabonne Council held 3 September, 2013 be adopted.

13/09/19

Carried

ITEM - 24 ANNUAL FINANCIAL STATEMENTS

MOTION (Walker/Dean)

THAT the Mayor, Deputy Mayor, General Manager and Director of Finance & Corporate Services sign the Statement by Councillors and Management in the approved format, for both the General Purpose and Special Purpose Financial Statements.

13/09/20

Carried

ITEM - 25 COMMUNITY VISITORS SCHEME FUNDING AGREEMENT

MOTION (Walker/Dean)

THAT Council authorise the attachment of its common seal and the signing of the Community Visitors Scheme Funding agreement from the Department of Health and Ageing for the period 2013 to 2016.

13/09/21

Carried

ITEM - 26 EXTENSION OF CONTRACT FOR THE DELIVERY OF ROAD SIGNS TO CENTRAL NSW COUNCILS

MOTION (Walker/Dean)

THAT Council:

1. Endorse the extension of the current road signs contract with ArtCraft and/or Road Management Solutions;

2. Write to ArtCraft and Road Management Solutions with intention of extension; and

3. Advise Centroc of its decision

13/09/22

Carried

ITEM - 27 MANILDRA RESIDENTIAL SUBDIVISION

MOTION (Walker/Dean)

THAT Council:

1. Note the creation of Lots 1 – 5 DP 1187720 for residential purpose.

2. Classify Lots 1 – 5 DP 1187720 as operational.

13/09/23

Carried

ITEM - 28 CUDAL COMMUNITY HALL

MOTION (Walker/Dean)

THAT Council approve the public display of the draft Plan of Management for the Cudal Community Hall.

13/09/24

Carried

ITEM - 29 MOLONG GOLF COURSE AND SHOWGROUND

MOTION (Walker/Dean)

THAT Council:

1. Approve the draft licence for the Molong Golf Club.

2. Authorise the General Manager and Mayor to sign and affix Council’s seal to the licence.

13/09/25

Carried

ITEM - 30 CUDAL SWIMMING POOL S355 COMMITTEE

MOTION (Walker/Dean)

THAT Council approve the office bearers and pool supervisor as outlined in the report.

13/09/26

Carried

ITEM - 31 INTERNAL AUDIT COMMITTEE

MOTION (Culverson/Nash)

THAT Council appoint Mr Phillip Burgett as an Independent Representative on the Internal Audit Committee.

13/09/27

Carried

It was noted the time being 2:55pm Clr Walker left the meeting before voting on the following Item.

ITEM - 32 RESOLUTIONS REGISTER

MOTION (Culverson/Dean)

THAT future reports in relation to the resolutions register continue monthly and include the comprehensive list with the addition of the new colour coded summary and list red and amber items as well.

13/09/28

Carried

ITEM - 33 AUSTRALIA DAY 2014

MOTION (Gosper/Culverson)

THAT Council continue with its current policy of visits by the Australia Day Ambassador and official party on a three year rotating cycle for Australia Day celebration events.

13/09/29

Carried

ITEM - 34 POLICY DATABASE - REVIEW BY COUNCIL - 12 MONTHS FROM ELECTION

MOTION (Wilcox/Davison)

THAT Council adopt existing policies as per the annexed list.

13/09/30

Carried

ITEM - 35 YEOVAL ANNUAL SHOW

MOTION (Wilcox/Durkin)

THAT Council consider Items 35 and 46 jointly.

13/09/31

Carried

ITEM - 46 YEOVAL ANNUAL SHOW - PUBLIC HOLIDAY OR LOCAL EVENT DAY - SUBMISSIONS

MOTION (Dean/Culverson)

THAT Council lodge a formal application for the proclamation of 13 May 2014 as a part day public holiday from 8:30am to 7:00pm for that portion of the township of Yeoval, which is in the Cabonne Council area on the occasion of the 2014 Yeoval Show.

13/09/32

Carried

ITEM - 36 CENTRAL WEST LIBRARIES COMMITTEE MEETING - 26 JULY 2013

MOTION (Hayes/Davison)

THAT Council:

1. Authorise signature of the Central West Libraries Joint Agreement when received.

2. Write to local members of State Parliament concerning the lack of public library funding based on discussion points to be provided by Central West Libraries staff.

3. Authorise attendance by Council’s CWL delegates at the next meeting of Public Libraries NSW Central West Zone in Dubbo on 1 November 2013.

4. Authorise Clr Culverson, as CWL Committee Chair, and a staff member (if desired) to attend the Public Libraries NSW Annual Conference and AGM in Sydney from 24 - 26 November.

13/09/33

Carried

ITEM - 37 ONLINE LEARNING

MOTION (Wilcox/Nash)

THAT Council:

1. Endorse a regional Online Training contract with Cubic Consulting for the entire council workforce; and

2. Notify Centroc of their decision.

13/09/34

Carried

ITEM - 38 2013 NATIONAL LOCAL ROADS AND TRANSPORT CONGRESS

MOTION (Hayes/Wilcox)

THAT Council authorise Clr Walker (Clr Durkin as alternate) and an alternate to the Director of Engineering & Technical Services to attend the 2013 National Local Roads Congress.

13/09/35

Carried

ITEM - 39 REQUEST FOR SEWER MAINS EXTENSION SUBSIDY: KIM MORONEY OF LOT 9 DP 758693 BOOMEY STREET MOLONG

MOTION (MacSmith/Wilcox)

THAT Council approve the 50% subsidy with an upper limit of $5,000 to Ms Kim Moroney for the sewer mains extension that will enable her to connect the property at Boomey Street, Molong (Lot 9 DP 758693 Section 13) to Council’s sewer network.

13/09/36

Carried

ITEM - 40 PURCHASE OF STATE RAIL OWNED LAND FOR NASHDALE RAIL OVERBRIDGE

MOTION (MacSmith/Wilcox)

THAT Council:

1. Compensate the owners of Lot 2 DP 109486 the sum of $2,000 for the acquisition of the subject land;

2. Pay all legal, survey, production and plan lodgement costs associated with the purchase of the land;

3. Affix the common seal to the documents associated with the purchase of the land; and

4. Classify the land as operational.

13/09/37

Carried

ITEM - 41 DELEGATION OF COVENANT VARIATION REQUESTS

MOTION (MacSmith/Wilcox)

THAT Council:

1. Approve the variation of terms of covenant applying to Lot 203 DP 1064871, 12 Thomas Kite Lane, Windera, to permit construction of a colorbond clad garage, and

2. Grant delegation to the General Manager to determine individual applications for variation or modification to restrictive covenants at Windera where Council is identified as the authority empowered to release, vary or modify such covenant restrictions, subject to such action being consistent with the existing character of development within the area.

13/09/38

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 Walker – left the meeting) as follows:

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

Against: Nil.

It was noted, the time being 3:20pm Clr Treavors declared an interest (identified as a perceived conflict of interest) in the following Item due to being a past member of the Cudal/Cargo Lions Club and left the Chambers.

ITEM - 42 REQUEST FOR REIMBURSEMENT OF DEVELOPMENT APPLICATION FEES BY LIONS CLUB OF CUDAL-CARGO FOR DA 2013/188 FOR WORKSHOP (COMMUNITY MEN'S SHED)

MOTION (Davison/Wilcox)

THAT Council donate $360.00 from its s 365 budget to Lions Club of Cudal-Cargo being the amount equivalent to development application fees paid in association with DA 2013/188 for Workshop (Community Men’s Shed) on Lot 1 DP 334360, Molong Street, Cargo.

13/09/39

Carried

It was noted, the time being 3:21pm Clr Treavors rejoined the meeting.

ITEM - 43 ENVIRONMENTAL SERVICES & SUSTAINABILITY COMMITTEE MEETING

MOTION (Wilcox/Durkin)

THAT the report and recommendations of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 3 September, 2013 be adopted and carried motions be noted.

13/09/40

Carried

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

Against: Nil.

ITEM - 44 BUSINESS PAPER ITEMS FOR NOTING

MOTION (Dean/Culverson)

THAT:

1. Council further consider Item 7 called by Clr Culverson.

2. The balance of the items be noted.

13/09/41

Carried

It was noted Notation Item 7 was addressed next.

ITEMS FOR NOTATION

ITEM - 7 COUNCILLORS' AND SENIOR STAFF EXPENSES PLUS COUNCILLORS' ATTENDANCES REPORTING

MOTION (Culverson/Gosper)

THAT Council no longer receive a councillors’ attendances report each September.

13/09/42

Carried

ITEM - 45 QUESTIONS FOR NEXT MEETING

Proceedings in Brief

There were nil reports requested.

MATTERS OF URGENCY

Clr Dean advised he would be detailing concerns to the Director of Engineering & Technical Services re water sitting on a road and dangers relating.

CONFIDENTIAL ITEMS

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

MOTION (Culverson/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.

13/09/43

Carried

ITEM - 2 OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS

RECOMMENDATION (Dean/MacSmith)

THAT the information be noted.

Carried

ITEM - 3 DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS

RECOMMENDATION (Durkin/Nash)

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 - 4 MOLONG WATER TREATMENT PLANT AUGMENTATION: D&C CHEMICAL DOSING SYSTEM

Recommendation (Davison/Smith)

THAT Council:

1. Award the contract for the Design and Construction of the Molong Water Treatment Plant Chemical Dosing System to Ted Wilson and Sons Pty Ltd for $307,672;

2. Affix the Council seal on Contract 483976.

Carried

ITEM - 5 PURCHASE OF UNIDENTIFIED RAILWAY LAND NORTH OF LOT 1 DP 745958 MOLONG

Recommendation (Wilcox/Culverson)

THAT Council:

1. Proceed with the subdivision and purchase of the unidentified railway land north of Lot 1 DP 745958, Molong.

2. Affix the seal of Council to the subdivision and acquisition documents.

3. Classify the land as operational.

Carried

ITEM - 6 LAND PURCHASE - OBLEY STREET, CUMNOCK

Recommendation (Nash/Wilcox)

THAT Council:

1. Approve the subdivision and purchase of Part Lot 1, DP 4988.

2. Authorise affixation of the Council Seal to land transfer and subdivision documents as required.

3. Classify the land as operational.

4. Authorise the compensation outlined in the report to be paid to the affected land owner as well as associated fencing, legal and subdivision costs.

Carried

It was noted, the time being 3:45pm Clr Durkin declared an interest (identified as a perceived conflict of interest) in the following Item due to having work related interactions with the current manager in his capacity as a Police Officer and left the Chambers.

ITEM - 7 CANOWINDRA CARAVAN PARK

Recommendation (Culverson/Dean)

THAT Council call for tenders for a three year contract for park management at the expiry of the current contract for the Canowindra Caravan Park.

Carried

It was noted, the time being 3:46pm Clr Durkin rejoined the meeting.

ITEM - 8 MOLONG SWIMMING POOL

Recommendation (Culverson/Dean)

THAT Council:

1 Advertise for tenders for the management of the Molong Pool for a three year period.

2 Utilise the current manager’s offer to run the pool temporarily until a new manager can be found as outlined in the report.

Carried

ITEM - 9 VOLUNTARY PURCHASE, EUGOWRA

Recommendation (Culverson/Durkin)

THAT:

1. Council prioritise the Eugowra property mentioned in the report as first priority and the Molong property mentioned in the report as second priority for voluntary purchase in 2013/2014.

2. Council authorise Council staff to contact the owners of the Eugowra property in regard to obtaining an independent valuation.

3. Voluntary purchase only to proceed following another report to Council and the provision of state government funds.

4. The Eugowra Consultative Committee be invited to comment on Council’s resolution prior to the above action being taken.

Carried

ITEM - 10 TYPOGRAPHICAL ERROR IN REPORT CONTRACT 451230

Recommendation (Culverson/Durkin)

THAT Council:

1. 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 $29,811 with an upper limiting budget fee of $54,000 for any subsequent works and variations, at this stage.

2. Affix the Common Seal to Contract 451230.

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/Davison)

THAT the Report and Recommendations of the Closed Committee of the Whole Meeting held on Tuesday 17 September, 2013 be adopted.

13/09/44

Carried

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

CHAIRMAN.

Chairman of the Ordinary Meeting of Cabonne Council held on the 15 October, 2013 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.