Minutes of Ordinary Meeting - 18 February 2014

PRESENT Clr I Gosper (in the Chair), Clrs G Dean, 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, Acting Director of Engineering & Technical Services, Director of Environmental Services, Administration Manager and Administration Officer.

ITEMS FOR DETERMINATION

	ITEM - 1 APPLICATIONS FOR LEAVE OF ABSENCE
	Proceedings in Brief An apology was tendered on behalf of Clr M Nash for her unavoidable absence from the meeting.
	MOTION (Wilcox/Culverson) THAT the apology tendered for Clr M Nash be accepted and the necessary leave of absence be granted.
14/02/1	Carried

ITEM - 2 DECLARATIONS OF INTEREST

Proceedings in Brief

Clr Culverson declared an interest (identified as a pecuniary interest) in Item 4 of Closed due to her business having recently carried out work for the owner of Lot 3. She also declared an interest (identified as a pecuniary interest) in Item 8 of Closed due to the owner of one of the tender companies being a Client of her business.

Clr Durkin declared an interest (identified as a perceived conflict of interest of a significant non-pecuniary nature) in Item 11 of Closed due to having dealings with one of the applicants in his capacity as a Police Officer.

Clr Hayes declared an interest (identified as a pecuniary interest) in Item 12 of Ordinary due to being one of the land owners.

The Director of Environmental Services declared an interest (identified as a pecuniary interest) in item 5 of Closed due to being an owner of one of the Strata units.

ITEM - 3 DECLARATIONS FOR POLITICAL DONATIONS

Proceedings in Brief

There were nil declarations of political donations.

It was noted the time being 2:02pm the departing Age of Fishes Museum Manager made a final presentation to Council and was presented with flowers.

It was noted the time being 2:25pm item 4 was addressed.

	ITEM - 4 MAYORAL MINUTE - APPOINTMENTS
	Proceedings in Brief Attendances Clr Gosper · Council’s December meeting · Yeoval Central School presentation night · Outdoor Staff Christmas party in Orange · Meeting with General Manager and Media Officer · Meeting with Deputy at Cudal · Meeting with the General Manager · Attended Director of Engineering’s farewell · Attended media launch with Federal M.P and other Mayors regarding Needles Dam upstream of Canowindra · Attended a meeting at Molong Health Centre along with General Manager, Deputy Mayor and Health representatives regarding the Molong Hospital becoming a multi purpose centre · Meeting with Media Officer and Prime TV regarding Yeoval/Cumnock sewage · Attended a Prime TV interview regarding Molong earthquake and Australia Day · Attended the Australia Day activities at Mullion Creek, Cargo and Canowindra with the Australia Day ambassadors Judy Nunn and Bruce Venables · Meeting with Calare Electorate Mayors and Deputy Prime Minister Truss · Meeting in Manildra regarding the Canola Mill and concerns with Local Residents · Meeting with General Manager, Deputy and Central Tablelands Landcare Group · Attended the Hunter Councils Admin Facility, Records Storage Area and Local Government Training Institute · Committee Meeting · Meeting with General Manager and Canobolas Zone R.F.S Manager, regarding our allocation · Meeting with the General Manager and R.F.S regarding liaison · Molong Advancement Group monthly Meeting · Meeting with the General Manager with Council’s counterparts at Orange City Council · Attended the Molong Players Performance of Banjo Paterson life · Attended the second round of interviews for the Director of Engineering position at Cabonne Council. · Attended the Banjo Paterson Dinner at Botanic Gardens Clr Davison · Committee Meeting · Attended Australia Day at Borenore · Meeting with General Manager regarding Tourism and budget · Attended the Central West Dressage Championships in Orange · Council Meeting · Manildra Meeting regarding coal steam generator
	MOTION (Gosper/-) THAT the information contained in the Mayoral Minute be noted.
14/02/2	Carried

ITEM - 5 GROUPING OF REPORT ADOPTION

MOTION (Wilcox/Smith)

THAT:

1. Council further consider item 10 called by Clr Culverson.

2. Items 6 to 9 and 11 to 13 be moved and seconded.

14/02/3

Carried

ITEM - 10 AUSTRALIA DAY AWARDS COMMITTEE MEETING

Proceedings in Brief

The Chair directed based on a request from Clr Culverson that this matter be considered in Closed under the provision of the Act relating to personnel matters

ITEM - 6 CONFIRMATION OF THE MINUTES

MOTION (Wilcox/Smith)

THAT the minutes of the Ordinary Meeting held 17 December 2013 be adopted.

14/02/4

Carried

ITEM - 7 COMMUNITY SERVICES COMMITTEE MEETING

MOTION (Wilcox/Smith)

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 4 February 2014 be adopted.

14/02/5

Carried

ITEM - 8 ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING

MOTION (Wilcox/Smith)

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 4 February 2014 be adopted.

14/02/6

Carried

ITEM - 9 WORKS COMMITTEE MEETING

MOTION (Wilcox/Smith)

THAT the report and recommendations of the Works Committee Meeting of Cabonne Council held 4 February 2014 be adopted.

14/02/7

Carried

ITEM - 11 ANZAC DAY 2014

MOTION (Wilcox/Smith)

THAT Council:

1. Authorise the Deputy Mayor to attend the civic commemoration service in Orange on ANZAC Day 2014.

2. Advise Canobolas Local Area Command that Council offers no objection to the temporary closure of the streets involved, subject to compliance with local police regulations, in any of the towns and villages which are to conduct ANZAC Day marches in the Cabonne LGA.

14/02/8

Carried

ITEM - 12 GOANNA HILL, MITCHELL HIGHWAY - ROAD REALIGNMENT AND ACQUISITION

MOTION (Wilcox/Smith)

THAT Council:

1. Waive the compensation for this area of road reserve and offer concurrence to the acquisition of the road reserve the east of the Strathmore Lane intersection.

2. Authorise the affixation of the Council Seal on documents required for the closure and transfer of ownership of this section of road.

14/02/9

Carried

ITEM - 13 EXEMPTION TO THE ALCOHOL PROHIBITED AREA AND ALCOHOL FREE ZONE FOR THE VILLAGE GREEN, MOLONG FOR PROPOSED EVENT - 100 MILE DINNER

MOTION (Wilcox/Smith)

THAT Council agree to the Food Week Committee’s 100 Mile Dinner request to suspend the Alcohol Prohibited Order and Alcohol Free Zone for the Molong Village Green and the road reserve/pavement bounding Bank Street and Gidley Street, Molong for Monday 7 April 2014.

14/02/10

Carried

ITEM - 14 2014 AUSTRALIAN LOCAL GOVERNMENT WOMEN'S ASSOCIATION (NSW) ANNUAL CONFERENCE

MOTION (Treavors/Culverson)

THAT Clrs Nash and Wilcox be authorised to attend the 2014 ALGWA (NSW) Conference.

14/02/11

Carried

ITEM - 15 INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN 2ND QUARTER REVIEW

MOTION (Durkin/Davison)

THAT the update of the Operational Plan to the 31 December 2013, as presented be adopted.

14/02/12

Carried

ITEM - 16 AR BLUETT MEMORIAL AWARDS

MOTION (Walker/Durkin)

THAT Council not submit an entry for the 2013/14 AR Bluett Award.

14/02/13

Carried

It was noted Clr Dean requested his vote against the motion be recorded.

ITEM - 17 POLICY DATABASE - PROPOSED NEW POLICY

MOTION (Culverson/Walker)

THAT the annexed draft Evaluation of Dangerous or Menacing Dog Declarations Policy be adopted.

14/02/14

Carried

ITEM - 18 BUSINESS DEVELOPMENT ASSISTANCE PROGRAM

MOTION (Durkin/MacSmith)

THAT Council:

1. Approve funding for Brent Twaddle International Promotions – approved level of funding $4,500 - under the Business Development Assistance Program:

2. Receive a further report in relation to the application by the Eugowra Pharmacy addressing whether the licence can be moved.

14/02/15

Carried

ITEM - 19 ATTENDANCE OF CABONNE COUNCIL DELEGATES AT THE 2014 LOCAL GOVERNMENT TOURISM CONFERENCE

MOTION (Culverson/Wilcox)

THAT Council’s Promotions and Tourism Officer and the Chairman of Council’s Economic Development and Tourism Committee Clr Davison be authorised to attend the 2014 NSW Local Government Tourism Conference.

14/02/16

Carried

ITEM - 20 DECEMBER QUARTERLY BUDGET REVIEW

MOTION (Wilcox/Davison)

THAT Council review the variances presented in this review and the current budget be amended in line with those variances.

14/02/17

Carried

ITEM - 21 TRIGGERS FOR WATER RESTRICTION

MOTION (Wilcox/Davison)

THAT:

1. A risk based approach based on the protection of public health, available storage in Molong Creek Dam and/or capacity of the Molong Filtration Plant and storage capacity of the clear water reservoirs be adopted by Engineering and Technical Services;

2. Joint authority by the Mayor and General Manager to commence, alter and cease water use restrictions as recommended by the Director of Engineering and Technical Services, subject to immediate communication to all Councillors; and

3. Retain the 5 levels of water restrictions currently used for the Molong Water Supply.

14/02/18

Carried

ITEM - 22 VARIATION FOR CONTRACT 4863976 MOLONG CHEMICAL DOSING SYSTEM

MOTION (Hayes/Durkin)

THAT:

1. The variation amount of $4,807 (Inc GST) be approved to engage TWS as the Principal Contractor for Contract 4863796;

2. The variation amount of $12,441 (Inc. GST) for the D&C of a Service Water Supply System for the Molong Water Treatment Plant; and

3. The variation amount $5,120.50 (Inc.GST) for the installation of pipe and cable trusses to facilitate transfer of chemical and power supply to the chemical dosing systems.

14/02/19

Carried

ITEM - 23 2014 FLOODPLAIN MANAGEMENT ASSOCIATION CONFERENCE

MOTION (Durkin/Treavors)

THAT Council:

1. Nominate Clr Durkin as a delegate to attend the conference.

2. Continue to support the FMA by sending delegates each year.

14/02/20

Carried

ITEM - 24 ENVIRONMENTAL SERVICES & SUSTAINABILITY COMMITTEE MEETING

MOTION (Treavors/Wilcox)

THAT the report and recommendations of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 4 February 2014 be adopted and carried motions be noted with the exception that the temporary absence of Clr Culverson should be an apology and a leave of absence granted.

14/02/21

Carried

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

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

Against: Nil.

ITEM - 25 LAND SALE SIGN, CASUARINA DRIVE, EUGOWRA

MOTION (Culverson/MacSmith)

THAT Council agree to the removal of the existing sign located upon Lot 87 DP 1100661, Casuarina Drive, Eugowra, and the replacement of the sign with a smaller sign inviting inquiry for rural industrial land development.

14/02/22

Carried

ITEM - 26 RE-IMBURSEMENT OF DEVELOPMENT APPLICATION FEES FOR DA 2014/0112 FOR RECONCILIATION STUPA (RELIGIOUS MEMORIAL) FOR KARMA YIWONG SAMTEN LING (TIBETAN BUDDHIST CENTRE INCORPORATED) ON LOT 134 DP 1091778, SANDY CREEK ROAD, MOLONG

MOTION (Culverson/MacSmith)

THAT Council donate $534.00 from its s356 budget to Karma Yiwong Samten Ling being the amount equivalent to the development application fee paid in association with DA 2014/0112 for a Reconciliation Stupa (Religious Memorial) on Lot 134 DP 1091778, Sandy Creek Road, Molong.

14/02/23

Carried

	ITEM - 27 QUESTIONS FOR NEXT MEETING
	MOTION (Culverson/Davison) THAT Council receive a report at the next Council meeting in relation to the conditions of funding relating to the Banjo Paterson self drive brochure to determine if a refund is due.
14/02/24	Carried
	MOTION (MacSmith/Culverson) THAT Council write to the Minister expressing its concerns in relation to increasing RFS contributions.
14/02/25	Carried
	MOTION (Davison/Wilcox) THAT Council receive a report at the next Council meeting in relation to ideas and progress made in relation to beautifying the main streets and the timeframe for same.
14/02/26	Carried

ITEM - 28 BUSINESS PAPER ITEMS FOR NOTING

MOTION (Wilcox/Dean)

THAT the notation items be noted.

14/02/27

Carried

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/Smith)

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.

14/02/28

Carried

It was noted 3:39pm the Mayor – Clr Gosper declared interest (identified as a pecuniary interest) in item 7 in Closed due to one of the outstanding debtors listed being a business colleague. At this time Clr Walker declared an interest (identified as a perceived conflict of interest of a significant non pecuniary nature) in item 3 of Closed due to the matter referring to a neighbour and a lifelong friend.

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

Recommendation (Wilcox/Smith)

THAT the Committee endorse the accuracy of the Report of the Proceedings of Confidential Matters at the Closed Committee of the Whole Meeting and Australia Day Awards Committee Meeting held on 17 December 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

It was noted, the time being 3:40pm Clr Walker declared an interest (identified as a perceived conflict of interest of a significant non pecuniary nature) in the following item due to the matter referring to a neighbour and a lifelong friend and left the Chambers.

	ITEM - 3 BANK GUARANTEE
	Recommendation (Durkin/-) THAT Council not decline the request and not proceed with the December resolution.
	The motion lapsed for want of a seconder.
	Recommendation (Hayes/Wilcox) THAT Council decline the request and proceed with the December resolution.
2.	Carried

It was noted, the time being 3:45pm Clr Walker rejoined the meeting.

It was noted, the time being 3:45pm Clr Culverson declared an interest (identified as a pecuniary interest) in the following Item due to her business having recently carried out work for the owner of Lot 3 and left the Chambers during consideration and resolution relating to Lot 3.

*	ITEM - 4 REPORT ON OPTIONS FOR FACTORY SITE AT PACKHAM DRIVE MOLONG
	Recommendation (Davison/Treavors) THAT Council place Lot 3 of the proposed sub - division on the market to be sold at or above the amount referred to in the proceeding in brief.
3.	Carried
	It was noted, the time being 3:52pm Clr Culverson rejoined the meeting.
	Recommendation (Hayes/MacSmith) THAT Council: 1. Place Lot 2 of the proposed sub – division on the market to be sold at an amount referred to in the report. 2. Receive a report to the next Council meeting in relation to Lot 1 of the proposed sub – division and Lot 1 DP833003.
4.	Carried

It was noted the time being 4:03pm the Director of Environmental Services declared an interest (identified as pecuniary interest) in the following item due to being an owner of one of the strata units and left the Chambers.

ITEM - 5 DISPUTED WATER ACCOUNT 3934.26104.5

Recommendation (Wilcox/Dean)

THAT Council write-off the amount of $2,211.78 plus interest accrued for water consumption on account 3934.26104.5.

Carried

It was noted the time being 4:10pm the Director of Environmental Services rejoined the meeting.

ITEM - 6 INTEREST FREE LOANS FOR INSTALLATION OF LIQUID TRADE WASTE GREASE ARRESTORS

Recommendation (MacSmith/Hayes)

THAT Council:

1. Not give interest free loans to businesses to install Liquid Trade Waste Grease Arrestors;

2. Approve for businesses to contribute to a trust fund and pay interest (as per Council’s average interest rate) until such time that they have enough money to install grease arrestors in conjunction with the State Government’s Liquid Trade Waste Policy; and

3. Advise the letter writer of the outcome.

Carried

It was noted, the time being 4:20pm the Mayor Clr Gosper declared an interest (identified as a pecuniary interest) in the following item due to one of the outstanding debtors listed being a business colleague and left the Chambers. Clr MacSmith assumed the Chair.

ITEM - 7 DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS

Recommendation (Durkin/Walker)

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 4:21pm Clr Gosper re-joined the meeting and resumed the Chair.

It was noted the time being 4:21pm Clr Culverson declared an interest (identified as a pecuniary interest) in the following item due to the owner of one of the tender companies being a Client of her business and left the Chambers.

ITEM - 8 CONTRACT 499090 DRILLING AND CONSTRUCTION OF GROUNDWATER MONITORING BORES AT CUDAL, CUMNOCK AND YEOVAL STP'S

Recommendation (Durkin/Dean)

THAT Council accepts the quotation from Chief Drilling Exploration and Water Bores from Orange NSW at a tendered price of $28,352.50 (inclusive GST).

Carried

It was noted the time being 4:21pm Clr Culverson rejoined the meeting.

ITEM - 9 CADIA ROAD AND FOUR MILE CREEK ROAD INTERSECTION LAND VALUATIONS

Recommendation (Durkin/Hayes)

THAT the information be noted.

Carried

ITEM - 10 CONTRACT 448504 - MANUFACTURE AND ERECTION OF STEEL SHADE STRUCTURES FINAL CERTIFICATE

Recommendation (Wilcox/Durkin)

THAT Council agree to issue the Final Certificate for Contract 448504 earlier than stated in the terms of the Contract.

10.

Carried

It was noted, the time being 4:24pm Clr Durkin declared an interest (identified as a perceived conflict of interest of a significant non-pecuniary nature) in the following item due to having dealings with one of the applicants in his capacity as a Police Officer and left the Chambers.

ITEM - 11 CONTRACT 520071 MANAGEMENT OF CANOWINDRA CARAVAN PARK FOR A THREE YEAR PERIOD

Recommendation (Dean/Treavors)

THAT Council:

1. Accepts the tender from Neil and Ros Haywood for the management of the Canowindra caravan park for a three year period at a tendered price of $63,000 (exc. of GST.)

2. Authorise the affixing of Council’s seal to the agreement for Contract 520071.

11.

Carried

It was noted Clr Wilcox requested her vote against the motion be recorded.

It was noted, the time being 4:40pm Clr Durkin rejoined the meeting.

ITEM - 12 EUGOWRA VOLUNTARY PURCHASE

Recommendation (Culverson/Davison)

THAT Council approve the table of proposed voluntary purchases as outlined in the report.

12.

Carried

It was noted the time being 4:41pm Clr MacSmith left the meeting. It was noted item 10 from the Ordinary Meeting was addressed next.

	ITEM - 10 AUSTRALIA DAY AWARDS COMMITTEE MEETING
	RECOMMENDATION(Davison/Wilcox) THAT consideration of the Australia Day Awards be brought forward to the October Council Meeting day.
13.	Carried
	Recommendation (Culverson/Davison) THAT the report and recommendations of the Australia Day Awards Committee Meeting of Cabonne Council held on 17 December, 2013 be adopted.
14.	Carried

It was noted the time being 4:48pm the General Manager left the meeting.

It was noted the time being 4:49pm the Chair resumed the Ordinary meeting.

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE

MOTION (Smith/Wilcox)

THAT the Report and Recommendations of the Closed Committee of the Whole Meeting held on Tuesday 18 February, 2014 be adopted.

14/02/29

Carried

There being no further business, the meeting closed at 4:49pm.

CHAIRMAN.

Chairman of the Ordinary Meeting of Cabonne Council held on the 18 March, 2014 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.