Minutes of Ordinary Meeting

PRESENT Clr I Gosper (in the Chair), Clrs G Dean, M Nash, L MacSmith, 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, Administration Manager and Administration Officer.

ITEMS FOR DETERMINATION

The Mayor welcomed the new Director of Engineering & Technical Services Mr Richard Minter to his first meeting.

	ITEM - 1 APPLICATIONS FOR LEAVE OF ABSENCE
	Proceedings in Brief An apology was tendered on behalf of Clr M Hayes for his unavoidable absence from the meeting.
	MOTION (Wilcox/Treavors) THAT the apology tendered on behalf of Clr M Hayes be accepted and the necessary leave of absence be granted.
14/03/1	Carried

ITEM - 2 DECLARATIONS OF INTEREST

Proceedings in Brief

Clr Culverson declared an interest (identified as a pecuniary interest) in Item 21 of the ordinary meeting due to the resident requesting the transfer of road being a client of her business. She also declared an interest (identified as a pecuniary interest) in Item 22 of the ordinary meeting due to the party requesting the road transfer being a client of her business.

Clr Wilcox declared an interest (identified as a pecuniary interest) in Item 21 of the ordinary meeting due to her property being bounded by this road.

The Director of Environmental Services declared an interest (identified as a pecuniary interest) in item 3 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 2:03pm that Mr Mike Hennessy addressed Council in relation to Item 21 during which Clr Culverson declared an interest (identified as a pecuniary interest) in that Item due to the resident requesting the transfer of road being a client of her business and left the Chambers. Clr Wilcox declared an interest (identified as a pecuniary interest) in that Item due to her property being bounded by this road and left the Chambers.

It was noted the time being 2:08pm and the address finished that Clrs Culverson and Wilcox re-joined the meeting.

	ITEM - 4 MAYORAL MINUTE - APPOINTMENTS
	Proceedings in Brief Clr Gosper · Council meeting · Attended a meeting with the General Manager · Attended CENTROC meeting in Bathurst · Attended the free cuppa launch in Orange aimed at Road Safety and support by 13 other Local Government Areas · M.A.G Meeting · Council Committee meetings and workshops · Attended the caravan park committee meeting at Cudal office · Interview with Radio (1089) and WIN television · Attended the Audit Committee meeting in Blayney · Attended the official Welcome to the “zoo to zoo” bike riders from Canberra · Attended the official opening of the refurbished Canowindra Pool · Attended a meeting on site with members of Windera residents association along with the Deputy Mayor, General Manager and Engineering staff · Attended the Canobolas Local area command safety precinct committee meeting at Orange Police Station Clr Walker · Business Chamber AGM · Community meeting · Caravan Park meeting at Cudal · AOF Board meeting · Fitness Path concerns · Canowindra Pool Opening Clr Davison · Attended the Council Committee Meeting · Borenore Community Progress Association meeting and clean up Australia collection · Cabonne Tourism meeting · NSW Local Government Tourism Conference · Council meeting · Central NSW Tourism meeting in Bathurst Clr Culverson · Met with March RFS representatives · Ordinary council meeting · Ophir Trust meeting · Traffic Committee meeting · Committee meetings · Workshop – Gasworks · Mullion Creek Public School P&C meeting · Climate Risk workshop Blayney · Cabonne Libraries Tour
	MOTION (Gosper/-) THAT the information contained in the Mayoral Minute be noted.
14/03/2	Carried

ITEM - 5 GROUPING OF REPORT ADOPTION

MOTION (Walker/Culverson)

THAT:

1. Council further consider item 11 called by Clr Nash.

2. Items 6 to 10 and 12 to 13 be moved and seconded.

14/03/3

Carried

ITEM - 6 CONFIRMATION OF THE MINUTES

MOTION (Walker/Culverson)

THAT the minutes of the Ordinary Meeting held 18 February 2014 be adopted.

14/03/4

Carried

ITEM - 7 COMMUNITY SERVICES COMMITTEE MEETING

MOTION (Walker/Culverson)

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

14/03/5

Carried

ITEM - 8 ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING

MOTION (Walker/Culverson)

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

14/03/6

Carried

ITEM - 9 WORKS COMMITTEE MEETING

MOTION (Walker/Culverson)

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

14/03/7

Carried

ITEM - 10 LOCAL GOVERNMENT WEEK COMMITTEE MEETING

MOTION (Walker/Culverson)

THAT the report and recommendations of the Local Government Week Committee Meeting of Cabonne Council held on 4 March, 2014 be adopted.

14/03/8

Carried

ITEM - 12 INTEGRATED PLANNING & REPORTING TIMETABLE

MOTION (Walker/Culverson)

THAT Council:

1. Hold the June Committees on 10 June, 2014.

2. Hold extra-ordinary Council meetings on 2 May and 10 June, 2014 as required under the IP&R process.

14/03/9

Carried

ITEM - 13 CLEAR ZONE POLICY

MOTION (Walker/Culverson)

THAT Council adopt the Clear Zone Policy

14/03/10

Carried

	ITEM - 11 BEAUTIFICATION OF MAIN STREETS
	Proceedings in Brief The Chair addressed advised that any questions would be answered in the workshop following the Council meeting.
	MOTION (Nash/Culverson) THAT a workshop be held at the conclusion of the Council meeting.
14/03/11	Carried

ITEM - 14 2014 NATIONAL GENERAL ASSEMBLY

MOTION (Wilcox/Davison)

THAT Council:

1. Consider any matters for motions which reside within one of the three themes to be submitted for consideration at the 2014 National General Assembly with a view to formulating these at the April Council meeting, including the Bells Line of Road and the Right to Farm.

2. Authorise the attendance of the Mayor and the General Manager to the 2014 National General Assembly.

3. Conduct the June Ordinary Council meeting on Tuesday 24 June 2014.

14/03/12

Carried

ITEM - 15 CANOWINDRA RETIREMENT VILLAGE PROJECT LAND

MOTION (Wilcox/Walker)

THAT Council decline the request and meet with the association to determine whether Council can assist in another manner.

14/03/13

Carried

	ITEM - 16 EXPRESSION OF INTEREST IN OLD SES BUILDING, CANOWINDRA
	Proceedings in Brief Following discussion as to the impracticalities of using this land for parking as there is no access though to Gaskill Street, Council resolved as follows.
	MOTION (Durkin/Dean) 1. That Council enter into immediate arrangements to obtain an independent valuation for the land in Ryall street Canowindra known as the former SES shed/depot and Boree RFS shed. 2. That Council place these two blocks for public sale.
14/03/14	Carried

ITEM - 17 REQUEST FOR ASSISTANCE WITH LEGAL COSTS - CANTERBURY CITY COUNCIL

MOTION (Culverson/Walker)

THAT Council contribute $303.59 towards assistance with legal costs incurred in relation to Canterbury City Council.

14/03/15

Carried

ITEM - 18 POLICY DATABASE - PROPOSED NEW POLICIES

MOTION (Walker/Culverson)

THAT the annexed draft Feral or Infant Companion Animals Management Policy and draft Swimming Pool Inspection Policy be adopted.

14/03/16

Carried

	ITEM - 19 BUSINESS DEVELOPMENT ASSISTANCE PROGRAM
	Proceedings in Brief Clr Davison called for the business plan to be tabled to the Councillors before a decision was to be made. The Chair ruled that Council would consider the following Item whilst the Business Plan was being retrieved.
	MOTION (Wilcox/Davison) THAT Council approve funding to the value of $4,500 for the Eugowra Pharmacy under the Business Development Assistance Program.
	The motion lapsed due to the need to obtain the business plan.

	ITEM - 20 CABONNE COUNTRY TOURISM ADVISORY COMMITTEE
	Proceedings in Brief It was decided by the Councillors that as CCTAC is made up of a minimum of 7 members and both candidates were suitable for the role to appoint both applicants.
	MOTION (Culverson/Dean) THAT Council appoint Alf Cantrell and Arthur Falconer to fill the vacancies on the Cabonne Country Tourism Advisory Committee (CCTAC).
14/03/17	Carried

	ITEM - 19 BUSINESS DEVELOPMENT ASSISTANCE PROGRAM
	Proceedings in Brief It was noted the business plan was tabled and made available for Councillors to peruse.
	MOTION (Wilcox/Davison) THAT Council approve funding to the value of $4,500 for the Eugowra Pharmacy under the Business Development Assistance Program.
14/03/18	Carried

It was noted, the time being 2:41pm Clr Culverson declared an interest (identified as a pecuniary interest) in the following Item due to the resident requesting the transfer of road being a client of her business and left the Chambers. Clr Wilcox declared an interest (identified as a pecuniary interest) in the following Item due to her property being bounded by this road and left the Chambers.

	ITEM - 21 CROWN ROADS ON COUNCIL'S ASSET REGISTER
	Proceedings in Brief Councillors considered that points 2 and 3 of the recommendation should be deferred until costings are undertaken.
	MOTION (MacSmith/Durkin) THAT: 1. Rosella Place be transferred into Council’s ownership. 2. Council defer consideration of the acquisition until costings of the Crown roads is undertaken. 3. If acquisition proceeds such roads are to be added to Council’s Works program.
14/03/19	Carried

It was noted, the time being 2:47pm Clrs Culverson and Wilcox rejoined the meeting.

It was noted, the time being 2:48pm Clr Culverson declared an interest (identified as a pecuniary interest) in the following Item due to the party requesting the road transfer being a client of her business and left the Chambers. It was noted at this time Clr MacSmith also declared an interest (identified as a significant non-pecuniary interest) due to his sister-in-law living on the road in the following item and left the Chambers.

	ITEM - 22 WINDUS ROAD TRANSFER
	Proceedings in Brief In view of the previous item’s resolution this item was also deferred.
	MOTION (Durkin/Davison) THAT Council defer consideration of the ownership of Windus Road until costings are provided.
14/03/20	Carried

It was noted, the time being 2:50pm Clrs Culverson and MacSmith rejoined the meeting.

ITEM - 23 ENVIRONMENTAL SERVICES & SUSTAINABILITY COMMITTEE MEETING

MOTION (Culverson/MacSmith)

THAT the report and recommendations of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 4 March 2014 be adopted and carried motions be noted.

14/03/21

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 Hayes– apology) as follows:

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

Against: Nil.

ITEM - 24 COAL SEAM GAS - DRAFT POLICY OF ASSOCIATION OF MINING RELATED COUNCILS

MOTION (Wilcox/MacSmith)

THAT Council:

1. Support the Association of Mining Related Council’s draft policy on coal seam gas.

2. Encourage that consideration be given to protection of all ground and surface water.

14/03/22

Carried

ITEM - 25 REQUEST FOR DONATION OF LAND - NORTH STREET, CANOWINDRA

MOTION (Durkin/Walker)

THAT Council enter into negotiations with Mr Wythes regarding the sale of Lots 21 or 23 DP 32670

14/03/23

Carried

ITEM - 26 REMEDIATION OF FORMER MOLONG GASWORKS SITE

MOTION (Culverson/MacSmith)

THAT Council call for expressions of interest for selective tenderers to undertake the site remediation of the former Molong Gasworks site.

14/03/24

Carried

	ITEM - 27 DA 2012/171 3 LOT INDUSTRIAL SUBDIVISION AND CONSTRUCTION OF INDUSTRIAL BUILDINGS, WAREHOUSE AND DISTRIBUTION CENTRE ON LOT 173 DP 750133, BANJO PATERSON WAY, MOLONG
	MOTION (MacSmith/Davison) THAT DA 2012/171 be granted consent subject to the conditions provided.
14/03/25	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 Hayes– apology) as follows: For: Clrs Gosper, Dean, MacSmith, Nash, Wilcox, Smith, Durkin, Treavors, Walker, Davison and Culverson. Against: Nil.
	It was noted at this time there was a concern raised that a councillor had abstained from the vote. The Mayor called for a further show of hands which confirmed an unanimous vote for the motion.

ITEM - 28 BUSINESS PAPER ITEMS FOR NOTING

MOTION (Dean/Culverson)

THAT:

1. Council further consider item 10 called by Clr Dean and item 13 called by Clr Culverson.

2. The balance of the items be noted.

14/03/26

Carried

ITEMS FOR NOTATION

ITEM - 10 STATE OF PLANT FUND AND PROGRAM FOR NEXT 12 MONTHS

Proceedings in Brief

The Director of Engineering & Technical Services undertook to provide a report to the next Works Committee meeting addressing Clr Dean’s request.

ITEM - 13 REGIONAL MUSEUM PROGRAM - REQUEST FOR FUNDING

MOTION (Culverson/Wilcox)

THAT:

1. Council write a letter of appreciation to Orange City Council for Museum Adviser services and project management provided at no cost by them.

2. The allocation of $15,000 to continue the Sustainable Collections Project and undertake the ‘Villages of the Heart’ partnership project with Sydney’s Living Museums be referred to the 2014/2015 budget process, subject to a 6 monthly update reports being provided.

3. The Museum Adviser and Museum and Heritage Coordinator, Orange City Council are invited to speak to this report at a future Council briefing session at Cabonne Council.

14/03/27

Carried

ITEM - 29 QUESTIONS FOR NEXT MEETING

Motion (Wilcox/Durkin)

THAT Council receive a report at the next Council meeting in relation to potable water at Cumnock and Yeoval.

14/03/28

Carried

MATTERS OF URGENCY

There were nil matters of urgency.

CONFIDENTIAL ITEMS

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

MOTION (Wilcox/Durkin)

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.

14/03/29

Carried

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

RECOMMENDATION (Walker/Culverson)

THAT the Committee endorse the accuracy of the Report of the Proceedings of Confidential Matters at the Closed Committee of the Whole Meeting held on 18 February 2014 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 3:25pm Director of Environmental Services declared an interest (identified as a pecuniary interest) in the following item due to being an owner of one of the Strata units and left the chambers.

	ITEM - 3 RESCISSION MOTION - FEBRUARY 2014 MEETING CLOSED ITEM
	RECOMMENDATION (Durkin/Wilcox) THAT the motion: CLOSED 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, be rescinded.
2.	Carried It was noted that Clr Walker, Clr Wilcox and Clr Durkin requested their vote against the motion be recorded.
	Recommendation (Davison/Durkin) THAT Council write to the Strata Manager to request that on payment of $1,100.00, as a show of good faith, Council will write off the balance of monies due.
3.	Carried It was noted the Mayor called for a division which resulted in unanimous vote for the motion (noting the absence of Clr Hayes – apology).

It was noted the time being 3:45pm the Director Environmental Services rejoined the meeting.

ITEM - 4 REPORT ON OPTIONS FOR FACTORY SITE AT PACKHAM DRIVE, MOLONG

RECOMMENDATION (Culverson/Treavors)

THAT Council re-advertise for sale or lease the former Gelato Factory site at Packham Drive, Molong.

Carried

It was noted the Mayor called for a division which resulted in unanimous vote for the motion (noting the absence of Clr Hayes – apology).

ITEM - 5 REQUEST FOR CONSIDERATION OF WATER CONSUMPTION COSTS - ACCOUNT 4752.30000.6

RECOMMENDATION (Wilcox/Nash)

THAT the total water consumption charge for account 4752.30000.6 be charged at the first level of charges being $1.60 per kilolitre and the remainder of $755.10 be written off as well as interest accrued.

Carried

It was noted the Mayor called for a division which resulted in a vote for the motion (noting the absence of Clr Hayes – apology) as follows:

For: Clrs Gosper, Nash, MacSmith, Wilcox, Smith and Davison.

Against: Clrs Dean, Durkin, Treavors, Walker, and Culverson.

ITEM - 6 REQUEST FOR CONSIDERATION OF WATER CONSUMPTION COSTS - ACCOUNT 995743.00000.3

RECOMMENDATION (Dean/MacSmith)

THAT no reduction be given to water account 995743.00000.3.

Carried

It was noted the Mayor called for a division which resulted in a vote for the motion (noting the absence of Clr Hayes– apology) as follows:

For: Clrs Gosper, Dean, MacSmith, Durkin, Treavors, Walker, and Culverson.

Against: Clrs Nash, Wilcox, Smith and Davison.

It was noted the time being 3:59pm the Chair resumed the Ordinary meeting.

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE

MOTION (Wilcox/Davison)

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

14/03/30

Carried

There being no further business, the meeting closed at 4:00pm.

CHAIRMAN.

Chairman of the Ordinary Meeting of Cabonne Council held on the 15 April, 2014 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.