Minutes of Ordinary Meeting

PRESENT Clr I Gosper (in the Chair), Clrs G Dean, M Nash, L MacSmith, M Hayes, S Wilcox, 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, Acting 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 Clrs Durkin and Smith for their absence from the meeting.
	MOTION (Wilcox/Treavors) THAT the apology tendered on behalf of Clrs Durkin and Smith be accepted and the necessary leave of absence be granted.
14/05/2	Carried

ITEM - 2 DECLARATIONS OF INTEREST

Proceedings in Brief

Clr Culverson declared an interest (identified as a pecuniary interest) in Item 4 of the Confidential matters due to the person in the report being a client of her business.

Clr Treavors declared an interest (identified as a significant non- pecuniary interest) in Item 20 of the Ordinary Meeting due to having submitted an objection to the development application proposal.

ITEM - 3 DECLARATIONS FOR POLITICAL DONATIONS

Proceedings in Brief

There were nil declarations of political donations.

It was noted the time being 2:03pm the Mayor presented the Youth of the Month Award for May to Darby Tremain.

It was noted the time being 2:05pm Canowindra High School students, Yeoval Central School students and Molong Central School students addressed the Council. The students acknowledged Council’s achievements over the year since last addressed by the schools and raised current concerns of their towns.

It was noted the time being 2:24pm, the Mayor invited a speaker from the proponent and a representative of the Cudal Progress and Commerce Association to address Council in relation to Item 20 of the Ordinary Meeting.

It was noted, the time being 2:24pm Clr Treavors declared an interest (identified as a significant non-pecuniary interest) in Item 20 of the Ordinary Meeting due to having submitted an objection to the development application proposal and left the Chambers before the speakers addressed Council.

It was noted the time being 2:30pm Clr Treavors rejoined the meeting.

	ITEM - 4 MAYORAL MINUTE - APPOINTMENTS
	Proceedings in Brief Clr Gosper - Attended the Official Nashdale Bridge Opening, along with Andrew Gee - Attended the Directors meeting - Attended the Council meeting - Attended the ANZAC service and read “The commemoration of the fallen” and laid a wreath on behalf of Cabonne - Attended the Cabonne Country Balloon Glow at Canowindra - Attended and presented trophies at the brunch and award ceremony for the Canowindra Balloon Challenge - Attended meetings at Council - Attended Cumnock C.W.A 80^th birthday celebrations - Budget meeting with Deputy Mayor and senior Staff - Attended Molong Rugby Union 60^th birthday celebrations - Attended a meeting at Cabonne along with representatives from Orange, Parkes, CENTROC, Paul Fletcher, and John Cobb regarding mobile phone coverage in the shire. - Attended a meeting along with General Manager and former Councillor Hyde regarding aged and disadvantaged care in housing in Eugowra. - Meeting with Orange Representative and Deputy Mayor regarding working together to advance Lake Canobolas area and its surroundings - Attended the Canobolas Zone R.F.S Liaison along with the Director of Engineering. - Attended the Molong Advancement Group’s monthly meeting - Attended meeting with General Manager - Attended the opening of stage 2 of Cancer Care Western Lodge in Orange Clr Culverson - Ordinary Council meeting, Workshops – Beautification of Main Streets - Rate Review - Sheep Dog Trials opening - Daroo Committee meeting - Ophir Trust Committee meeting - Meeting with Manager CWL - CWL meeting - Canowindra Balloon Challenge Launch - Committee meetings - Workshop – Heritage and Associated Programs - Mullion Creek Public School P & C - Professional development Program - Daroo Committee meeting - Small Towns Development meeting - Ordinary Council meeting - March RFS AGM - Committee meetings - Extra Ordinary meeting - Daroo Committee
	MOTION (Gosper/-) THAT the information contained in the Mayoral Minute be noted.
14/05/3	Carried

ITEM - 5 GROUPING OF REPORT ADOPTION

MOTION (Wilcox/Walker)

THAT:

1. Council further consider Item 13 called by Clr Gosper.

2. Items 6 to 12 be moved and seconded.

14/05/4

Carried

ITEM - 6 CONFIRMATION OF THE MINUTES

MOTION (Wilcox/Walker)

THAT the minutes of the Ordinary Meeting held 15 April 2014 and Extraordinary Meeting held 6 May 2014 be adopted.

14/05/5

Carried

ITEM - 7 COMMUNITY SERVICES COMMITTEE MEETING

MOTION (Wilcox/Walker)

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 6 May 2014 be adopted.

14/05/6

Carried

ITEM - 8 ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING

MOTION (Wilcox/Walker)

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 6 May 2014 be adopted.

14/05/7

Carried

ITEM - 9 WORKS COMMITTEE MEETING

MOTION (Wilcox/Walker)

THAT the report and recommendations of the Works Committee Meeting of Cabonne Council held 6 May 2014 be adopted.

14/05/8

Carried

ITEM - 10 QUARRY REVIEW COMMITTEE MEETING

MOTION (Wilcox/Walker)

THAT the report and recommendations of the Quarry Review Committee Meeting of Cabonne Council held 6 May 2014 be adopted.

14/05/9

Carried

ITEM - 11 EUGOWRA MUSEUM LAND ACQUISITION

MOTION (Wilcox/Walker)

THAT Council authorise Council’s seal to be affixed to the contract of sale and for the Mayor and General Manager to sign the contract.

14/05/10

Carried

ITEM - 12 DELEGATION OF FUNCTION - NATIONAL HEAVY VEHICLE LAW

MOTION (Wilcox/Walker)

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:

a. The powers, functions and duties of Council as a Road Manager under the Heavy Vehicle National Law (NSW) in addition to his other delegations previously resolved.

14/05/11

Carried

	ITEM - 13 WBC ALLIANCE SHARED SERVICES PROJECT
	Proceedings in Brief The General Manager advised that the report was written prior to a General Managers’ meeting held the previous week and it was not considered possible for councillors from all relevant councils to attend and it was unlikely that Council would proceed with Step 3 due to the high cost. It was noted that all councillors were welcome to attend the Board Meeting on the 4^th of June to discuss vision for the project.
	MOTION (Davison/MacSmith) THAT all councillors be authorised to attend the WBC Board Meeting on the 4^th June in Blayney.
14/05/12	Carried

ITEM - 14 CONDUCT OF COUNCIL ELECTIONS

MOTION (Wilcox/Hayes)

THAT Council advise the NSW Electoral Commissioner that at this stage it will be seeking tenders in conjunction with CENTROC for the conduct of the 2016 Local Government elections.

14/05/13

Carried

ITEM - 15 BUSINESS ENTERPRISE CENTRE FUNDING

MOTION (MacSmith/Davison)

THAT Council:

1. Continue to support the Central West BEC with Council’s contribution being in kind assistance through the provision of a motor vehicle of which Council retains ownership.

2. Invite the Manager of BEC to present an update of the BEC services at a Council meeting.

14/05/14

Carried

ITEM - 16 CENTRAL WEST LIBRARIES

MOTION (Hayes/Walker)

THAT Council:

1. Notify Central West Libraries that the balance of the requested contribution which is in excess of the Rate Pegging Rate is to be achieved by reducing Council’s contribution from the book vote.

2. Contribute an amount of $5,415, being rent now not due or paid for Molong Railway Station, to Central West Libraries.

3. Invite the Manager Central West Libraries to address Council and then hold a workshop to consider the future provision of library services to the community within Cabonne Shire.

14/05/15

Carried

	ITEM - 17 MARCH 2014 QUARTERLY BUDGET REVIEW
	Proceedings in Brief Councillors requested further reports as per the Motion.
	MOTION (Walker/Treavors) THAT Council: 1. Review the variances listed in this review and that the current budget be amended to reflect those variances. 2. Receive a further report on costings for the new Community Services printer. 3. Receive a further report regarding the HACC Service increase in funds.
14/05/16	Carried

ITEM - 18 CONTRACT 451164 - INVESTIGATIONS AND DESIGN FOR PUZZLE FLAT CREEK LEVEE UPGRADE IN EUGOWRA VARIATION

MOTION (Wilcox/Walker)

THAT Council:

1. Approve the variation of $62,700 (excl. GST) to ARUP for further Geotechnical Investigations with funding of the variation to be as detailed in the report.

2. Receive an update of the timeline for the Puzzle Flat Creek Levee Upgrade.

14/05/17

Carried

ITEM - 19 APPLICATION TO REVOKE DANGEROUS DOG DECLARATION - JEREMY MARTIN

MOTION (Wilcox/Hayes)

THAT Council decline to revoke the dangerous dog declaration, noting that the action proposed for staff to declare the dog menacing will have the same effect as revoking the dangerous dog declaration.

14/05/18

Carried

It was noted, the time being 3:06pm Clr Treavors declared an interest (identified as a significant non-pecuniary interest) in the following Item due to submitting an objection to the development application proposal and left the Chambers.

	ITEM - 20 DEVELOPMENT APPLICATION 2014/135 CUDAL MEN'S SHED - LOT 2 SECTION 9 DP 758311
	Proceedings in Brief The Mayor indicated changed circumstances including the possibility of an alternate site had arisen and noted further discussions need to take place before a decision can be made. The applicant requested that consideration of the application be deferred.
	MOTION (Dean/Wilcox) THAT Council defer Development Application 2014/135 to the June Council meeting.
14/05/19	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 Durkin and Smith – apologies; and Clr Treavors – declared interest) as follows: For: Clrs Gosper, Dean, Nash, MacSmith, Hayes, Wilcox, Walker, Davison and Culverson. Against: Nil.

It was noted, the time being 3:13pm Clr Treavors rejoined the meeting.

ITEM - 21 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 May 2014 be adopted and carried motions be noted.

14/05/20

Carried

The Chair called for a Division of Council as required under Section 375A (3) of the Local Government Act which resulted in a unanimous vote for the motion (noting the absence of Clrs Durkin and Smith – apologies) as follows:

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

Against: Nil.

	ITEM - 22 QUESTIONS FOR NEXT MEETING
	Proceedings in Brief It was noted the General Manager advised the report relating to legal services would require at least 2 months.
	MOTION (Wilcox/Davison) THAT Council receive a report at the next Council meeting in relation to: 1. The progress of the Timber Bridge Program; 2. The balances for Section 94 funding on Local Roads; 3. Progress re the Manildra housing Estate; 4. Progress on proposed usage of the Molong Railway Station; 5. Clean up options for the Fat Lamb Hotel in Eugowra; and 6. Costings for using local Law firms instead of Sydney Law firms for any legal proceedings that may occur within Council to a later Council meeting.
14/05/21	Carried

ITEM - 23 BUSINESS PAPER ITEMS FOR NOTING

MOTION (Wilcox/Treavors)

THAT:

1. Council further consider item 5 called by the Mayor.

2. The balance of the items be noted.

14/05/22

Carried

ITEMS FOR NOTATION

	ITEM - 5 ALGWA ANNUAL CONFERENCE BROKEN HILL 20-22 MARCH 2014
	Proceedings in Brief The Mayor commended Clrs Nash and Wilcox for their informative report for Council following their attendance at the ALGWA Conference.
	MOTION (Gosper/) THAT the report be noted
14/05/23	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/Culverson)

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.

14/05/24

Carried

It was noted, the time being 3:27pm Clr Culverson declared an interest (identified as a pecuniary interest) in the following Item due having dealings with a client in the report and left the Chambers.

ITEM - 2 MAYORAL MINUTE - LAKE CANOBOLAS & MT CANOBOLAS - CABONNE/ORANGE STRATEGY

Recommendation (Wilcox/Walker)

THAT Council participate in further discussions in relation to matters covered in the report.

Carried

It was noted, the time being 3:36pm Clr Culverson rejoined the meeting.

ITEM - 3 ENDORSEMENT OF PROCEEDINGS OF CONFIDENTIAL MATTERS CONSIDERED AT COMMITTEE OF THE WHOLE MEETING

Recommendation (Wilcox/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 15 April 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 3:38pm Clr Culverson declared an interest (identified as a pecuniary interest) in the following item due to a client of her business being listed in the annexure to the report.

It was noted, the time being 3:38pm Clr Treavors declared an interest (identified as a significant non-pecuniary interest) in the following item due to a work colleague being mentioned in the report.

ITEM - 4 DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS

Recommendation (Wilcox/MacSmith)

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 3:39pm Clrs Culverson and Treavors returned to the meeting.

ITEM - 5 REQUEST FOR CONSIDERATON OF INTEREST ON RATES A12889 AND WATER 1063000002

Recommendation (Wilcox/Culverson)

THAT at the end of the 2013/2014 financial year the interest levied on A12889 and water account 1063000002 be written off provided that the payments are maintained and again at the end of the 2014/2015 financial year provided that the payments are maintained.

Carried

ITEM - 6 MOLONG DOCTORS SURGERY

Recommendation (Walker/Wilcox)

THAT Council provide a letter advising that it intends to maintain ownership of the Doctors Surgery at the corner of Bank and Gidley Street Molong for the use of doctors wishing to practice in Molong.

Carried

ITEM - 7 OFFER TO PURCHASE LOT 10 BLUEBELL STREET, LONGS CORNER ESTATE, CANOWINDRA

Recommendation (Walker/Dean)

THAT Council:

1. Accept an offer of $63,000 for Lot 10 Bluebell Street, Longs Corner Estate, Canowindra, with a $10,000 rebate to be provided at the completion of sale.

2. Affix the seal to the contract of sale.

3. Withdraw the rebate of $10,000 for future purchasers of land at the Longs Corner Estate Canowindra.

4. Immediately remove the Longs Corners Estate sign and have the sign changed to remove reference to the “$10,000 rebate” before the sign is re-displayed.

Carried

ITEM - 8 OFFER TO PURCHASE LOTS 21 & 23 NORTH STREET, CANOWINDRA

Recommendation (Wilcox/MacSmith)

THAT the General Manager undertake an investigation into the history of actions leading to claims made by purchaser, including preliminary advice about the Contract of Sale clause 8.

Carried

It was noted the time being 3:52pm all Staff other than the General Manager were asked to leave the Chambers to allow a discussion between the General Manager and the Council. Staff rejoined the meeting at 4:10pm at which time the Chair resumed the Ordinary meeting.

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE

MOTION (Culverson/Treavors)

THAT the Report and Recommendations of the Closed Committee of the Whole Meeting held on Tuesday 20 May, 2014 be adopted.

14/05/25

Carried

There being no further business, the meeting closed at 4:11pm.

CHAIRMAN.

Chairman of the Ordinary Meeting of Cabonne Council held on the 24 June, 2014 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.