MINUTES OF THE Ordinary Council Meeting HELD AT THE COUNCIL CHAMBERS MOLONG ON Tuesday 15 July, 2014 COMMENCING AT 2.00pm

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

ITEM - 4     MAYORAL MINUTE - APPOINTMENTS.. 2

ITEM - 5     GROUPING OF REPORT ADOPTION.. 2

ITEM - 6     CONFIRMATION OF THE MINUTES.. 2

ITEM - 7     COMMUNITY SERVICES COMMITTEE MEETING.. 2

ITEM - 8     ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING   3

ITEM - 9     WORKS COMMITTEE MEETING.. 3

ITEM - 10  CLASSIC RALLY CLUB - 2014 ALPINE CLASSIC.. 3

ITEM - 11  ORANGE RUNNERS CLUB - 2015 ORANGE COLOUR CITY RUNNING FESTIVAL.. 3

ITEM - 12  2014 LG NSW ANNUAL CONFERENCE.. 3

ITEM - 13  FUTURE DIRECTIONS FORUM.. 4

ITEM - 14  COUNCIL PICNIC DAY.. 4

ITEM - 15  ITEM 18 - RESCISSION MOTION - JUNE ORDINARY COUNCIL MEETING 2014  5

ITEM - 16  INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN FINAL QUARTER REVIEW... 5

ITEM - 17  POLICY DATABASE - PROPOSED CHANGES.. 6

ITEM - 18  USE OF COUNCIL SEAL FOR SALE OF LOT 1 DP833003. 6

ITEM - 19  LGNSW 2014 WATER MANAGEMENT CONFERENCE.. 6

ITEM - 20  VARIATION FOR CONTRACT 550125: DESIGN AND CONSTRUCTION OF THE CANOWINDRA EFFLUENT REUSE SCHEME: UV DISINFECTION AND FILTRATION UPGRADE.. 6

ITEM - 21  LICENCE TO CONSTRUCT BRIDGE ON CROWN LAND LOT 7301 DP 1146159 - MARYLEBONE BRIDGE.. 6

ITEM - 22  LOCAL GOVERNMENT ROAD SAFETY PROGRAM FUNDING AGREEMENT   7

ITEM - 23  CANOWINDRA PARKING AND TOILET FACILITIES.. 7

ITEM - 24  EUGOWRA MUSEUM.. 7

ITEM - 25  ENVIRONMENTAL SERVICES & SUSTAINABILITY COMMITTEE MEETING   7

ITEM - 26  MODIFICATION APPLICATION 1998/79/2 - DWELLING AND SUBDIVISION - LOT 2 DP 884022 GRIFFIN ROAD, ORANGE.. 8

ITEM - 27  REQUEST FOR REIMBURSEMENT OF DEVELOPMENT APPLICATION FEES - 2014/167 - MEET U IN MOLONG EVENT - LOT 1 DP 1120962, HILL AND EDWARD STREETS, MOLONG.. 8

ITEM - 28  QUESTIONS FOR NEXT MEETING.. 9

ITEM - 29  BUSINESS PAPER ITEMS FOR NOTING.. 9

ITEMS FOR NOTATION.. 9

ITEM - 2     INVESTMENTS SUMMARY.. 9

ITEM - 11  AUSTRALIAN OF THE YEAR AWARDS 2015. 10

ITEM - 17  DEVELOPMENT APPLICATION 2014/135 CUDAL MEN'S SHED - LOT 2 SECTION 9 DP 758311. 10

MATTERS OF URGENCY.. 10

CONFIDENTIAL ITEMS.. 10

ITEM - 1     CARRYING OF COUNCIL RESOLUTION INTO CLOSED COMMITTEE OF THE WHOLE MEETING.. 10

ITEM - 2     ENDORSEMENT OF PROCEEDINGS OF CONFIDENTIAL MATTERS CONSIDERED AT COMMITTEE OF THE WHOLE MEETING.. 11

ITEM - 3     DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS.. 11

ITEM - 4     TWO YEAR INTEREST FREE LOAN - SEWERAGE CONNECTION, CANOWINDRA.. 11

ITEM - 5     PROGRESS ON PROPOSED USAGE OF THE MOLONG RAILWAY STATION   11

ADDITIONAL ITEM - RESCISSION MOTION - CLOSED ITEM 3 JUNE ORDINARY MEETING.. 11

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE.. 12

 


 

PRESENT         Clr I Gosper (in the Chair), Clrs G Dean, M Nash, L MacSmith, M Hayes, S Wilcox, 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

 

 

ITEM - 1    APPLICATIONS FOR LEAVE OF ABSENCE

 

Proceedings in Brief

An apology was tendered on behalf of Clr Smith for his absence from the meeting. 

 

MOTION (Wilcox/Davison)

 

THAT the apology tendered by Clr Smith be accepted and the necessary leave of absence be granted.

 

14/07/1        

Carried

 

 

ITEM - 2    DECLARATIONS OF INTEREST

 

Proceedings in Brief

Clr Culverson declared an interest in item 15 (identified as a pecuniary interest) due to her business providing services to Council.

 

 

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 July to Brittany Rudd from Molong Central School.  

 

It was noted the time being 2:05pm Canowindra Balloon Challenge Committee provided an overview of this years Balloon Festival held on the 22 – 27 April 2014 in Canowindra.  The committee thanked Council for their support and advised Council of the challenges the committee faces.

 

It was noted the time being 2:30pm Jan Richards, Manager Central West Libraries, provided a presentation to Council of the libraries and services in the Cabonne region.

 

 

ITEM - 4    MAYORAL MINUTE - APPOINTMENTS

 

Proceedings in Brief

Clr Gosper

a.    Attended PAMP  and Bike Plan Workshops

b.    Attended June Council Meeting

c.    ABC radio interview with Kia Hannelly on fluorine for Cabonne water

d.    Attended Traffic Committee Meeting in Cudal

e.    Attended a meeting in Orange with M.P Andrew Gee along with Deputy Mayor, General Manager and Director of Engineering

f.     Attended a meeting with General Manager

g.    Attended Council Committee Meetings

h.    Attended meeting at the Chambers

i.      Attended meeting at the office

j.      Attended meeting with General Manager and Mayor of Wellington along with General Manager

k.    Attended meeting with Eugowra Flood Plain Committee member, General Manager and Deputy Mayor

 

MOTION (Gosper/-)

 

THAT the information contained in the Mayoral Minute be noted.

 

14/07/2         

Carried

 

It was noted, the time being 3:03pm, the Mayor gave notice of a rescission motion relating to Closed Item 3 from the 10 June Extraordinary Council meeting, as allowed by Council’s Code of Meeting.

 

 

ITEM - 5    GROUPING OF REPORT ADOPTION

 

MOTION (Durkin/Wilcox)

 

THAT Items 6 to 11 be moved and seconded.

 

14/07/3         

Carried

 

 

ITEM - 6    CONFIRMATION OF THE MINUTES

 

MOTION (Durkin/Wilcox)

 

THAT the minutes of the Ordinary Meeting held 24 June, 2014 be adopted.

 

14/07/4         

Carried

 

 

ITEM - 7    COMMUNITY SERVICES COMMITTEE MEETING

 

MOTION (Durkin/Wilcox)

 

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 1 July, 2014 be adopted.

 

14/07/5         

Carried

 

 

ITEM - 8    ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING

 

MOTION (Durkin/Wilcox)

 

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 1 July, 2014 be adopted.

 

14/07/6         

Carried

 

 

ITEM - 9    WORKS COMMITTEE MEETING

 

MOTION (Durkin/Wilcox)

 

THAT the report and recommendations of the Works Committee Meeting of Cabonne Council held 1 July, 2014 be adopted.

 

14/07/7         

Carried

 

 

ITEM - 10 CLASSIC RALLY CLUB - 2014 ALPINE CLASSIC

 

MOTION (Durkin/Wilcox)

 

THAT Council adopt the recommendation from the Local Traffic Committee.

 

14/07/8         

Carried

 

 

ITEM - 11 ORANGE RUNNERS CLUB - 2015 ORANGE COLOUR CITY RUNNING FESTIVAL

 

MOTION (Durkin/Wilcox)

 

THAT Council adopt the recommendation from the Local Traffic Committee.

 

14/07/9         

Carried

 

 

ITEM - 12 2014 LG NSW ANNUAL CONFERENCE

 

Proceedings in Brief

Councillors discussed motions to be submitted to the conference and nominated the Deputy Mayor and another councillor to attend.  It was decided by the Councillors that the issues listed in the Motion would be submitted.

 

MOTION (Wilcox/Dean)

 

THAT Council:

 

1.     Be represented at the 2014 Local Government NSW Annual Conference by the Mayor, or his alternate delegate, Clrs MacSmith and Davison and the General Manager, or his alternate delegate, in an advisory capacity.

 

2.     Submit the below motions to the conference.

 

a.  That Local Government NSW lobby the NSW state government to subject ‘for profit’ state owned corporations to payment of local authority rates or to mandate such corporations be liable for payment of impact charges for use and maintenance of local government funded infrastructure.

 

b.  That Local Government NSW lobby the state government for legislation to ensure food security and sustainability for future generations, including introduction of legislation to protect the ‘right to farm’.

 

c.   That Local Government NSW lobby the state government to redirect road funding from large scale urban areas to rural areas to support the efficient transportation of produce to market and to facilitate the safe conveyance of people in the conduct of their daily activities.

 

3.     Conduct the October Ordinary Council meeting on Tuesday 28 October 2014.

 

14/07/10      

Carried

 

 

ITEM - 13 FUTURE DIRECTIONS FORUM

 

Proceedings in Brief

Councillors discussed dates for the forum which would be suitable.

 

MOTION (Davison/Dean)

 

THAT:

 

1.    Council authorise the conduct of a mid-term Future Directions
Forum.

 

2.    The future directions forum be conducted on Thursday 27 November and Friday 28 November at the Old Vic Inn at Canowindra with the General Manager to act as facilitator.

 

3.    Final arrangements to be determined by he Mayor and General Manager.

 

14/07/11      

Carried

 

 

ITEM - 14 COUNCIL PICNIC DAY

 

MOTION (Walker/Durkin)

 

THAT:

 

1.    Council approve the annual Picnic Day to be held on Friday 24 October 2014.

2.    Council authorise the attendance of all Councillors at the Picnic Day.

3.    Councillors note the cost of $52.00 for attending the Picnic Day to be paid to the Picnic Committee from the Councillor Expense Account.

14/07/12      

Carried

 

It was noted, the time being 3:35pm Clr Culverson declared an interest (identified as a pecuniary interest) in the following Item due to her business contracting to Council and left the Chambers.

 

 

ITEM - 15 ITEM 18 - RESCISSION MOTION - JUNE ORDINARY COUNCIL MEETING 2014

 

Proceedings in Brief

The General Manager advised that the motion to be rescinded had an unintended result, due to an omission in the wording, and advised a revised Procurement policy would be submitted to Council for adoption.

 

 

MOTION (Gosper/MacSmith)

 

THAT the motion:

 

ITEM 18 - PROCUREMENT (INCLUDING LOCAL PREFERENCE) POLICY

 

RECOMMENDATION (Durkin/Wilcox)

 

THAT Council amend its Procurement (including local preference) Policy by deleting clause 11.3.3 Acquisition of services, goods or materials.”

 

be rescinded.

 

14/07/13      

Carried


It was noted, the time being 3:38pm Clr Culverson rejoined the meeting.

 

 

ITEM - 16 INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN FINAL QUARTER REVIEW

 

MOTION (Dean/Durkin)

 

THAT the update of the Operational Plan to 30 June 2014, as presented be adopted.

 

14/07/14      

Carried

 

 

ITEM - 17 POLICY DATABASE - PROPOSED CHANGES

 

MOTION (MacSmith/Hayes)

 

THAT the annexed draft Disposal of Minor Assets Policy and draft Audible Bird Scaring Devices Policy be adopted.

14/07/15      

Carried

 

 

ITEM - 18 USE OF COUNCIL SEAL FOR SALE OF LOT 1 DP833003

 

Proceedings in Brief

The General Manager advised this item should be withdrawn as the matter was related to the rescission motion that the Mayor gave notice would be addressed in the Closed committee.

 

 

ITEM - 19 LGNSW 2014 WATER MANAGEMENT CONFERENCE

 

Proceedings in Brief

Councillors discussed the conference and noted from the report that the Director of Engineering & Technical Services and the Operations Manager Urban Services and Utilities are attending.  Councillors decided this is sufficient representation from Council.

 

MOTION (Wilcox/Hayes)

THAT Council note the Director of Engineering & Technical Services and Urban Services and Utilities will attend the LGNSW 2014 Water Management Conference.

14/07/16      

Carried

 

 

ITEM - 20 VARIATION FOR CONTRACT 550125: DESIGN AND CONSTRUCTION OF THE CANOWINDRA EFFLUENT REUSE SCHEME: UV DISINFECTION AND FILTRATION UPGRADE

 

MOTION (Culverson/Walker)

 

THAT Council accept the variation from Ted Wilson & Sons in the amount of $9,171.65 (Inc. GST) for Contract 550125: Design and Construction of the Canowindra Effluent Reuse Scheme (UV Disinfection and Filter Replacement).

 

14/07/17      

Carried

 

 

ITEM - 21 LICENCE TO CONSTRUCT BRIDGE ON CROWN LAND LOT 7301 DP 1146159 - MARYLEBONE BRIDGE

 

MOTION (Hayes/Wilcox)

 

THAT Council authorise the affixing of the Common Seal to the licence documents.

 

14/07/18      

Carried

 

 

ITEM - 22 LOCAL GOVERNMENT ROAD SAFETY PROGRAM FUNDING AGREEMENT

 

MOTION (Durkin/Wilcox)

 

THAT Council continue its support of the Local Government Road Safety Program for a further 3 years.

 

14/07/19      

Carried

 

 

ITEM - 23 CANOWINDRA PARKING AND TOILET FACILITIES

 

Proceedings in Brief

It was noted by the Mayor that point 3 of the recommendation should not have been included.

 

MOTION (Durkin/Dean)

 

THAT Council:

 

1.   Continue with the sale of Lot 1 DP 332593 and Lot 71 DP 527982 as per the March 2010 resolution.

 

2.   Not provide additional car parking in Canowindra until demand warrants the need for additional car parking.

 

14/07/20      

Carried

 

 

ITEM - 24 EUGOWRA MUSEUM

 

MOTION (Culverson/MacSmith)

 

THAT Council authorise signatures and the Common Seal to be affixed to the contract of sale for the land donated to the Eugowra Museum by KG & JA Smith.

 

14/07/21      

Carried

 

It was noted, the time being 3:48pm Clr MacSmith declared an interest (identified as a perceived pecuniary interest) in the following item due to information in the report referring to a family member’s property and left the Chambers.

 

 

ITEM - 25 ENVIRONMENTAL SERVICES & SUSTAINABILITY COMMITTEE MEETING

 

MOTION (Wilcox/Dean)

 

THAT the report and recommendations of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 1 July 2014 be adopted and carried motions be noted.

 

14/07/22      

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 Smith – apology, Clr MacSmith - declared interest) as follows:

 

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

 

Against: Nil.

 

 

It was noted, the time being 3:50pm Clr MacSmith rejoined the meeting.

 

 

ITEM - 26 MODIFICATION APPLICATION 1998/79/2 - DWELLING AND SUBDIVISION - LOT 2 DP 884022 GRIFFIN ROAD, ORANGE

 

MOTION (Culverson/Wilcox)

 

THAT Modified Development Consent DA 1998/0079 for a proposed subdivision and dwelling at Lot 2 DP 884022 Griffin Road, Orange be granted consent subject to the attached conditions.

 

14/07/23      

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 Smith – apology) as follows:

 

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

 

Against: Nil.

 

 

 

ITEM - 27 REQUEST FOR REIMBURSEMENT OF DEVELOPMENT APPLICATION FEES - 2014/167 - MEET U IN MOLONG EVENT - LOT 1 DP 1120962, HILL AND EDWARD STREETS, MOLONG

 

MOTION (Durkin/Wilcox)

 

THAT Council donate $285.00 from its s365 budget to Central West Motorcycle Safety & Tourism Group Inc, being the amount equivalent to fees paid in association with Development Application 2014/167 the ‘Meet U in Molong’ event to be held at Lot 1 DP 1120962, Hill and Edward Streets, Molong.

 

14/07/24      

Carried

 

 

ITEM - 28 QUESTIONS FOR NEXT MEETING

 

Proceedings in Brief

There were no reports requested for the next meeting.

 

 

ITEM - 29 BUSINESS PAPER ITEMS FOR NOTING

 

Proceedings in Brief

Council further considered the called items, however the considerations of Items 3, 6, 14 and 15 did not result in a resolution.

 

 

MOTION (Culverson/Dean)

 

THAT:

 

1.   Council further consider item 2 called by Clr Durkin, Item 3 called by Clr Dean, Item 6 called by Clr MacSmith, Items 11, 15 and 17 called by the Mayor and Item 14 called by Clr Culverson.

2.   The balance of the items be noted.

14/07/25      

Carried

 

ITEMS FOR NOTATION

 

 

ITEM - 2    INVESTMENTS SUMMARY

 

Proceedings in Brief

Clr Durkin advised that the town of Canowindra is losing a banking facility and requested Council consider the possibility of pledging $50,000 into the Canowindra Bendigo Bank project.

 

MOTION (Durkin/Walker)

 

THAT:

1.    Council pledge $50,000 into the Canowindra Bendigo Bank Community Project

2.    Any investment only proceed of it meets Council’s Investment Policy.

14/07/26      

Carried

 

The Chair called for a Division of Council which resulted in a vote for the motion (noting the absence of Clr Smith – apology) as follows:

 

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

 

Against: Nil.

 

 

ITEM - 11 AUSTRALIAN OF THE YEAR AWARDS 2015

 

Proceedings in Brief

It was noted the Australian of the Year report was inadvertently placed as a Notation item and actually has a recommendation that has to be addressed.  Councillors discussed all of the nominations.

 

MOTION (MacSmith/Hayes)

 

THAT Council nominate candidates number 2 and number 8 in the report, for the Australia’s Local Hero category of the 2015 Australian of the Year Awards.

 

14/07/27      

Carried

 

 

ITEM - 17 DEVELOPMENT APPLICATION 2014/135 CUDAL MEN'S SHED - LOT 2 SECTION 9 DP 758311

 

Proceedings in Brief

The Mayor requested Council reimburse all the fees as the DA was withdrawn at Council’s request.

 

MOTION (Gosper/Treavors)

 

THAT Council provide a full reimbursement of their Development Application fees including the retained amount of $268.10 to the Cudal Men’s Shed.

 

14/07/28      

Carried

 

MATTERS OF URGENCY

There were nil matters of urgency.

 

CONFIDENTIAL ITEMS

 

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

 

MOTION (Wilcox/Dean)

 

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.

 

14/07/29      

Carried

 

 

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

 

RECOMMENDATION (Wilcox/Treavors)

 

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 24 June 2014 and 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.

 

1.

Carried

 

 

ITEM - 3    DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS

 

RECOMMENDATION (Wilcox/Durkin)

 

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.

 

2.

Carried

 

 

ITEM - 4    TWO YEAR INTEREST FREE LOAN - SEWERAGE CONNECTION, CANOWINDRA

 

RECOMMENDATION (Walker/Durkin)

 

THAT Council approve an interest free loan for a two year period for the amount of $25,901.00 to connect sewer to three allotments in Canowindra.

 

3.

Carried

 

 

ITEM - 5    PROGRESS ON PROPOSED USAGE OF THE MOLONG RAILWAY STATION

 

RECOMMENDATION (Wilcox/Nash)

 

THAT the information be noted.

 

4.

Carried

 

*

ADDITIONAL ITEM - RESCISSION MOTION - CLOSED ITEM 3 JUNE ORDINARY MEETING

 

Recommendation (Gosper/Nash)

 

THAT:

 

1.    The motion:

 

ITEM 3 – FORMER FACTORY SITE – PACKHAM DRIVE MOLONG (Durkin/Nash)

 

THAT Council:

 

1.    Agree to a one off waiver of its water policy to allow proposed Lot 3 to be connected to the Molong Water Supply; and

 

2.    Agree to accept a lower amount as outlined in the report made in relation to proposed Lot 3 and Lot 1 DP 833003.”

 

be rescinded.

 

2.    Council place Lot 1 DP 833003 Peabody Road on the market for sale at the price listed in the Proceedings in Brief with the General Manger authorised as described.

3.    Council authorise the affixing of the Common Seal to the Contract and Transfer documents.

5.

Carried

 

It was noted the time being 4:44pm the Chair resumed the Ordinary meeting.

 

 

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE

 

MOTION (Nash/Wilcox)

THAT the Report and Recommendations of the Closed Committee of the Whole Meeting held on Tuesday 15 July, 2014 be adopted.

 

14/07/30      

Carried

 

There being no further business, the meeting closed at 4:45pm.

 

 

CHAIRMAN.

 

Chairman of the Ordinary Meeting of Cabonne Council held on the 19 August 2014 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.