Minutes of Ordinary Meeting

PRESENT Clr I Gosper (in the Chair), Clrs G Dean, M Nash, L MacSmith, M Hayes, S Wilcox, G Smith, A Durkin, 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 Apologies were tendered on behalf of Clrs Treavors and Walker for their absence from the meeting.
	MOTION (Durkin/Culverson) THAT the apologies tendered on behalf of Clrs Treavors and Walker be accepted and the necessary leave of absence be granted.
14/08/1	Carried

ITEM - 2 DECLARATIONS OF INTEREST

Proceedings in Brief

Clr Culverson declared an interest (identified as a pecuniary interest in Item 5 of Closed, due to family members working at one of the firms in the report.

Clr Wilcox declared an interest (identified as a pecuniary interest in Item 18 of Ordinary, due to being a resident on roads named in the report.

ITEM - 3 DECLARATIONS FOR POLITICAL DONATIONS

Proceedings in Brief

There were nil declarations of political donations.

It was noted the time being 2:05pm the Mayor presented the Youth of the Month Award for August to Liam Bridge from Molong Central School.

It was noted the time being 2:08pm Bruce Buchanan (Business Enterprise Centre) addressed Council until 2:35pm.

	ITEM - 4 MAYORAL MINUTE - APPOINTMENTS
	Proceedings in Brief Clr Gosper - Attended Directors Meeting - Attended Council Meeting - Attended General Manager’s Performance Review Panel Meeting - Attended Sod Turning at Yeoval Central School with Troy Grant and Principal of Yeoval Central School - Attended Centroc Health Workforce Meeting along with Clr Nash and Community Services Manager - Attended General Manager’s Performance Review with Division of Local Government Christian Morris and other panel members - Attended meeting with Molong Floodplain member, General Manager and Staff - Attended meeting with MAG representatives, State Member and General Manager regarding Picket Fence at Molong Rec Ground - Attended Internal Audit Committee Meeting at Blayney along with General Manager and Director of Finance and Corporate Services - Attended Central West Jobs Expo and Women’s Non Traditional Careers Day - Performed four (4) Citizenship Ceremonies at Council Chambers - Attended Yeoval, Canowindra and Molong High School as part of Cabonne Council’s Local Government Week activities and conducted Committee meetings - Attended the Molong Red Cross 100 year celebrations at Molong Yarn Market - Attended No.3 Grade State Pennant Bowls Finals Weekend in Sydney with the Molong Club who finished second out of 1600 clubs, losing the final by 4 shots. Canowindra also made the final sixteen of the No. 5 Grade Bowls Pennant. A great effort by two of our Cabonne Shire clubs considering no clubs from Lithgow, Bathurst, Orange, Blayney, Cowra, Forbes or Parkes made the final sixteen (16). - Attended LGNSW seminar in Sydney on “Effective and Fair Meeting Procedures” - Attended Local Government Forum run by the RFS Commissioner Shane Fitzsimmons for Mayors and General Managers of Region West at Dubbo Clr Culverson (May to August) - Launch of Daroo Business Awards - Daroo Committee meetings - Ordinary and Committee Council meetings - Boer War Ceremony - WBC meeting - Consultative meeting Workshop - Small Towns Development Committee - Cumnock community meeting water & sewerage - Molong Fluoridation Information Evening - Councillors Workshop - Ophir trust - Mullion Creek Public School P&C meeting - Mullion Creek RFS AGM
	MOTION (Gosper/-) THAT the information contained in the Mayoral Minute be noted.
14/08/2	Carried

It was noted the time being 2:40pm the General Manager declared an interest (identified as a Pecuniary interest) in the following Item and left the Chambers.

ITEM - 5 MAYORAL MINUTE - PROFESSIONAL DEVELOPMENT - GENERAL MANAGER

MOTION (Gosper/Hayes)

THAT Council approve the General Manager undertaking a professional development course through the Australian Institute of Company Directors.

14/08/3

Carried

It was noted the time being 2:41pm the General Manager rejoined the meeting.

ITEM - 6 GROUPING OF REPORT ADOPTION

MOTION (Wilcox/Durkin)

THAT Items 7 to 15 be moved and seconded.

14/08/4

Carried

ITEM - 7 CONFIRMATION OF THE MINUTES

MOTION (Wilcox/Durkin)

THAT the minutes of the Ordinary Meeting held 15 July 2014 be adopted.

14/08/5

Carried

ITEM - 8 COMMUNITY SERVICES COMMITTEE MEETING

MOTION (Wilcox/Durkin)

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 5 August 2014 be adopted.

14/08/6

Carried

ITEM - 9 ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING

MOTION (Wilcox/Durkin)

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 5 August 2014 be adopted.

14/08/7

Carried

ITEM - 10 WORKS COMMITTEE MEETING

MOTION (Wilcox/Durkin)

THAT the report and recommendations of the Works Committee Meeting of Cabonne Council held 5 August 2014 be adopted.

14/08/8

Carried

ITEM - 11 QUARRY REVIEW COMMITTEE MEETING

MOTION (Wilcox/Durkin)

THAT the report and recommendations of the Quarry Review Committee Meeting of Cabonne Council held 5 August 2014 be adopted.

14/08/9

Carried

ITEM - 12 CROWN LANDS FUNDING PROGRAM - YEOVAL RESERVE TRUST

MOTION (Wilcox/Durkin)

THAT Council accept grant funding for $139,000 for construction of a new amenities block at the Yeoval Showground.

14/08/10

Carried

ITEM - 13 SIGNING OF DEED OF LICENCE FOR CABONNE COUNCIL'S OCCUPANCY AT ESSENTIAL ENERGY'S KARUGA RADIO SITE, YEOVAL

MOTION (Wilcox/Durkin)

THAT Council’s seal be affixed to the Deed of Licence for Cabonne Council’s occupancy at the Essential Energy Karuga Radio Site, Yeoval.

14/08/11

Carried

ITEM - 14 ACQUISITION OF CROWN LAND FOR MARYLEBONE BRIDGE

MOTION (Wilcox/Durkin)

THAT:

1. Council proceed with the compulsory acquisition of the land described as Lot 7301 DP 1146159 BEING PART Reserve 89919 and also Part Reserve 750139 for the purpose of the construction of a new bridge in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991;

2. Council make application to the Minister and the Governor for approval to acquire Lot 7301 DP 1146159 BEING PART Reserve 89919 and also Part Reserve 750139 by compulsory process under section 186(1) and 186(2)(b) of the Local Government Act 1993;

3. The land to be acquired is to be classified as operational; and

4. Council requests the Minister for Local Government to approve a reduction in the notification period from 90 days to 28 days.

14/08/12

Carried

ITEM - 15 REQUEST FOR USE OF COUNCIL SEAL TO VARY EASEMENT FOR ASSET PROTECTION ZONE - LOT 582 DP 1097551, LOTS 56, 57 & 59 DP 750157

MOTION (Wilcox/Durkin)

THAT the Common Seal of Cabonne Council be affixed to the Deed of Covenant between Cabonne Council and Jean Ruth Clements to enable the variation or modification of restriction on the use of land described as Lot 582 DP 1097551 to vary the easement to maintain the asset protection zone over land described as Lot 582 DP 1097551 and Lots 56, 57 & 59 DP 750157.

14/08/13

Carried

ITEM - 16 NSW PUBLIC LIBRARIES CONFERENCE

MOTION (Hayes/Dean)

THAT Council authorise Clr Culverson to attend the Public Libraries NSW Annual Conference and AGM in Mudgee from 11 – 14 November.

14/08/14

Carried

ITEM - 17 MANILDRA SOLDIER WAR MEMORIAL HALL STORMWATER MANAGEMENT

MOTION (Wilcox/Culverson)

THAT Council:

1. Approve the expenditure of $13,000 to undertake the stormwater rectification works for the Manildra Soldier War Memorial Hall stated in the report.

2. Approve the $13,000 to be taken from the Hall Upgrade Reserve.

14/08/15

Carried

It was noted, the time being 02:44pm Clr Wilcox declared an interest (identified as a pecuniary interest) in the following Item due to being a resident on roads named in the report and left the Chambers. It was noted, the time being 02:44pm Clr Culverson declared an interest (identified as a pecuniary interest) in the following Item due to clients and family members living on roads listed in the report and left the Chambers.

ITEM - 18 CROWN ROADS APPEARING ON COUNCIL'S ASSET REGISTER

MOTION (Hayes/Durkin)

THAT Council:

1. Advertise the Draft Road Maintenance Policy;

2. Transfer all of the Crown Roads within Schedule 1 into Council’s ownership subject to the Crown waiving any transfer fees;

3. Not transfer the Crown Roads within Schedule 2 into Council’s ownership at this stage; and

4. Undertake further assessment of Schedule 2 roads.

14/08/16

Carried

It was noted, the time being 02:49pm Clrs Wilcox and Culverson rejoined the meeting.

ITEM - 19 ACQUISITION OF CROWN LAND FOR CANOWINDRA SEWERAGE TREATMENT PLANT

MOTION (Durkin/Wilcox)

THAT:

1. Council proceed with the compulsory acquisition of the land described as Lots 7300 (incorporating Travelling Stock Route 16094), 7301 & 7302 DP 1143594 and Lot 302 DP 750147 for the purpose of the Canowindra Sewerage Treatment Plant in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991;

2. Council make application to the Minister and the Governor for approval to acquire Lots 7300 (incorporating Travelling Stock Route 16094), 7301 & 7302 DP 1143594 and Lot 302 DP 750147 by compulsory process under section 186(1) and 186(2)(b) of the Local Government Act 1993;

3. The land to be acquired is to be classified as operational;

4. Council requests the Minister for Local Government to approve a reduction in the notification period from 90 days to 28 days;

5. Funding of $38,500 be authorised from the Sewer Fund Reserve; and

6. Council authorise the affixing of the Common Seal to the transfer documents.

14/08/17

Carried

ITEM - 20 ENVIRONMENTAL SERVICES & SUSTAINABILITY COMMITTEE MEETING

MOTION (Wilcox/Nash)

THAT the report and recommendations of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 5 August 2014 be adopted and carried motions be noted.

14/08/18

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 Treavors and Walker – apologies) as follows:

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

Against: Nil.

	ITEM - 21 PLANNING PROPOSAL - LEP 2012 AMENDMENT
	Proceedings in Brief Council added point 4 to the recommendation due to concerns about unspecified costs involved in the proposed changes.
	MOTION (Hayes/Wilcox) THAT: 1. A Planning Proposal be prepared to rezone or rename the following land: (a) The area of land located east and west of Nanima Street, Eugowra zoned IN2 Light Industry by Cabonne Local Environmental Plan 2012 to be rezoned RU5 Village; (b) Lot 164 DP 750159 off Dripping Rock Road, Eugowra, zoned RU1 Primary Production by Cabonne Local Environmental Plan 2012 to be rezoned E1 National Parks and Nature Reserve; (c) Correct a mapping anomaly on numbered sheets 002 and 002A to replace reference to MR 61 from Federation Way to its current title of Henry Parkes Way. 2. The Planning Proposal be forwarded to the Department of Planning and Infrastructure for Gateway Determination in accordance with section 56 of the Environmental Planning and Assessment Act. 3. A further report be provided to Council following the public exhibition period to provide details of any submissions received throughout that process upon completion of the Planning Proposal. 4. A report be provided to Council with full costs from commencement to conclusion for a) to c) above, including staff time costs.
14/08/19	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 Treavors and Walker – apologies) as follows: For: Clrs Gosper, Dean, MacSmith, Hayes, Wilcox, Smith and Davison. Against: Nash (abstained), Durkin, Culverson (abstained).

It was noted Clr Durkin was absent from the Chambers during voting on the following item.

ITEM - 22 PLANNING PROPOSAL - PROPOSED REZONING TO LARGE LOT RESIDENTIAL NEAR CLIFTON GROVE

MOTION (Wilcox/Davison)

THAT Council:

1. Receive and note the Planning Proposal for the rezoning of land identified as Lot 10 DP 243046 and located within the Strategy Area 3 (SA3) as described in the Blayney Cabonne Orange Sub Regional Rural and Industrial Land Use Strategy July 2008.

2. Forward the Planning Proposal to the Department of Planning and Infrastructure for Gateway Determination in accordance with Section 56 of the Environmental Planning and Assessment Act 1979.

3. A further report be presented to Council following the public exhibition period to provide details of any submissions received during the exhibition process.

14/08/20

Carried

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

Against: Nil.

ITEM - 23 CREATE EASEMENT FOR POWER SUPPLY TO COUNCIL OWNED LAND AND APPLY COUNCIL SEAL ON LOT 8 SECTION 1 IN DP 5907 and LOT 2 IN DP 112234,

MOTION (Culverson/Hayes)

THAT:

1. Council approve the compensation amount of $1.00 and create easement for power supply benefiting Council land known as Lot 8 Section 1 in DP 5907 and Lot 2 in DP 112234.

2. The Common Seal of Cabonne Council be applied to the registration of the power easement.

14/08/21

Carried

ITEM - 24 QUESTIONS FOR NEXT MEETING

MOTION (Wilcox/Hayes)

THAT Council:

1. Receive a report at the next Council meeting in relation to the proposed truck parking at Manildra.

2. All councillors wishing to attend be authorised to attend Dubbo for a LGNSW course - “Effective and Fair Meeting Procedures” on September 10^th.

14/08/22

Carried

ITEM - 25 BUSINESS PAPER ITEMS FOR NOTING

MOTION (Wilcox/Nash)

THAT:

1. Council further consider Item 6 called by Clrs Dean and Durkin and Item 7 called by Clr Dean.

2. The balance of the items be noted.

14/08/23

Carried

ITEMS FOR NOTATION

ITEM - 6 DEPOTS - CANOWINDRA DEPOT UPDATE (ARMSTRONG STREET)

MOTION (Wilcox/Culverson)

THAT the information be noted.

14/08/24

Carried

ITEM - 7 EAST EUGOWRA KERB AND GUTTER

MOTION (Wilcox/Culverson)

THAT the information be noted.

14/08/25

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/Nash)

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.

14/08/26

Carried

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 held on 15 July 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.

Carried

ITEM - 3 DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS

Recommendation (Hayes/Nash)

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

ITEM - 4 INTEREST FREE LOAN - SEWER CONNECTION

Recommendation (Culverson/Davison)

THAT Council approve two five year interest free loans for two connections to the small town sewer in Yeoval for the Yeoval District Baptist Church.

Carried

Clr Dean requested his vote against the motion be recorded.

It was noted, the time being 03:31pm Clr Culverson declared an interest (identified as a pecuniary interest) in the following Item due to family members working at one of the firms named in the report and left the Chambers.

At this time Clr MacSmith declared an interest (identified as a perceived non significant non-pecuniary interest) in the following Item due to employing one of the firms named in the report but did not leave the Chambers as he felt the interest would not impact on his deliberation of the matter.

ITEM - 5 LEGAL SERVICES

Recommendation (Dean/Nash)

THAT the information be noted.

Carried

It was noted, the time being 03:34pm Clr Culverson rejoined the meeting.

ITEM - 6 CADIA ROAD / FOUR MILE CREEK ROAD INTERSECTION

Recommendation (Davison/Dean)

THAT Council proceed with Option 2 as detailed in the report.

Carried

It was noted the time being 3:40pm the Chair resumed the Ordinary meeting.

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE

MOTION (Culverson/Durkin)

THAT the Report and Recommendations of the Closed Committee of the Whole Meeting held on Tuesday 19 August, 2014 be adopted.

14/08/27

Carried

There being no further business, the meeting closed at 3:41pm.

CHAIRMAN.

Chairman of the Ordinary Meeting of Cabonne Council held on the 16 September, 2014 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.