MINUTES OF THE Extraordinary Council Meeting HELD AT THE COUNCIL CHAMBERS MOLONG ON Tuesday 12 November, 2013 COMMENCING AT 1.30pm

Page 1

 

TABLE OF CONTENTS

 

ITEMS FOR DETERMINATION.. 1

ITEM - 1     APPLICATIONS FOR LEAVE OF ABSENCE.. 1

ITEM - 2     DECLARATIONS OF INTEREST.. 1

ITEM - 3     DECLARATIONS FOR POLITICAL DONATIONS.. 1

CONFIDENTIAL ITEMS.. 1

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

ITEM - 2     POWER OF ATTORNEY - LEHMAN BROTHERS PROPOSED SETTLEMENT   2

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE.. 2

MATTERS OF URGENCY.. 2

PROCEDURAL ITEM - MATTER OF URGENCY.. 2

MATTER OF URGENCY - DA 2013/113 CONDITIONS SUBDIVISION OF 12 LOTS - LOT 1 DP 758693 NO 59 SPEEDY ST MOLONG.. 2

 


PRESENT         Clr I Gosper (in the Chair), Clrs G Dean, L MacSmith, M Hayes, G Smith, A Durkin, I Davison and J Culverson.


Also present were the General Manager, Director of Finance & Corporate Services, Acting 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 M Nash, S Wilcox, G Treavors and K Walker for their unavoidable absence from the meeting.

 

MOTION (Culverson/Durkin)

 

THAT the apologies tendered on behalf of Clrs Nash, Wilcox, Treavors and Walker be accepted and the necessary leave of absence be granted.

 

13/11/1         

Carried

 

 

ITEM - 2    DECLARATIONS OF INTEREST

 

Proceedings in Brief

There were nil declarations of interest.

 

 

ITEM - 3    DECLARATIONS FOR POLITICAL DONATIONS

 

Proceedings in Brief

There were nil declarations of political donations.

 

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.

 

13/11/2         

Carried

 

*

ITEM - 2    POWER OF ATTORNEY - LEHMAN BROTHERS PROPOSED SETTLEMENT

 

RECOMMENDATION (Culverson/Durkin)

 

THAT Council:

1.  Approve the Settlement Agreement in substantially the terms tabled, and,

2.  Execute the Power of Attorney under seal of Council and authorise any Attorney under it to execute the settlement agreement in substantially the terms tabled on behalf of Council.

1.

Carried

 

It was noted the time being 1:39pm the Chair resumed the ordinary meeting.

 

 

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE

 

MOTION (Hayes/Dean)

THAT the Report and Recommendations of the Closed Committee of the Whole Meeting held on Tuesday 12 November, 2013 be adopted.

 

13/11/3         

Carried

 

MATTERS OF URGENCY

The Mayor advised a matter had arisen which he ruled to be a matter of urgency as it needed to be dealt with prior to the next Council meeting.

 

 

PROCEDURAL ITEM - MATTER OF URGENCY

 

Procedural Motion (Culverson/Durkin)

 

THAT Council deal with the matter of urgency.

 

13/11/4         

Carried

 

It was noted the time being 1:44pm upon noting the name of the applicant Clr Culverson declared an interest (identified as a perceived conflict of interest) in the following Item due to the applicant having had discussions with her about work for her business and seeking advice and left the Chambers.

 

 

MATTER OF URGENCY - DA 2013/113 CONDITIONS SUBDIVISION OF 12 LOTS - LOT 1 DP 758693 NO 59 SPEEDY ST MOLONG

 

Proceedings in Brief

 

The General Manager apologised for the item being introduced as a matter of urgency – he advised that the applicant had requested that one of the conditions relating to this subdivision be dealt with by way of bond and potential sales were pending Council’s determination.

 

The Director of Environmental Services rejoined the meeting and further advised that the condition to fence each of the lots could be dealt with by way of covenant on the Title deed and the road repairs (inspection revealed that a section of the constructed road had failed) by way of a bond.  She further recommended that a timeframe be placed on release of the bond linked to the repair to ensure the road condition was going to be satisfactory.

 

 

MOTION (Davison/Hayes)

 

THAT:

1.     A Bond (with a suitable timeframe to be determined) be put in place for the road.

2.     A Covenant be placed over the Title relating to the obligation to fence prior to sale of each lot.

3.     Council’s Seal be affixed to the relevant documents if necessary.

13/11/5         

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 Nash, Wilcox, Treavors and Walker – apologies; and Clr Culverson – declared interest) as follows:

For: Clrs Gosper, Dean, MacSmith, Hayes, Durkin, Smith and Davison.

Against: Nil.

 

It was noted the time being 1:50pm Clr Culverson rejoined the meeting.

 

There being no further business, the meeting closed at 1:52pm.

 

 

 

CHAIRMAN.

 

Chairman of the Ordinary Meeting of Cabonne Council held on the 19 November, 2013 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.