Minutes of Ordinary Meeting - 16 December 2014

PRESENT Clr M Hayes (in the Chair), Clrs G Dean, M Nash, L MacSmith, I Gosper, S Wilcox, G Smith, A Durkin, K Walker, I Davison and J Culverson (arriving 1.17pm).

Also present were the General Manager, Director of Finance & Corporate Services, Director of Engineering & Technical Services, Director of Environmental Services, Administration Manager and Personal Assistant to the Director Engineering & Technical Services.

ITEMS FOR DETERMINATION

	ITEM - 1 APPLICATIONS FOR LEAVE OF ABSENCE
	Proceedings in Brief An apology was tendered on behalf of Clr G Treavors. The temporary absence of Clr Culverson was noted.
	MOTION (Dean/Wilcox) THAT the apology tendered on behalf of Clr G Treavors be accepted and the necessary leave of absence be granted.
14/12/01	Carried

ITEM - 2 DECLARATIONS OF INTEREST

Proceedings in Brief

Clr Davison declared an interest (identified as a pecuniary interest) in item 21 of Ordinary due to being a neighbour.

ITEM - 3 DECLARATIONS FOR POLITICAL DONATIONS

Proceedings in Brief

There were nil declarations of political donations.

A minute’s silence for the victims of the Martin Place siege was observed.

It was noted the time being 1.06pm a presentation was made to the Youth of the Month for December, Sophie Clayton by the Mayor and State Member Andrew Gee MP.

It was noted the time being 1.08pm Andrew Gee State MP for Orange addressed Council and answered questions until 1.32pm.

It was noted the time being 1.17pm Clr Culverson entered the meeting.

	ITEM - 4 MAYORAL MINUTE - APPOINTMENTS
	Proceedings in Brief Clr Gosper § Attended Council Meeting § Attended Orange Police Station for the Canobolas Local Area Command Community Safety Precinct Committee Meeting § Along with Clr Smith attended the Yeoval Central School’s Annual Sports Awards § Attended on site meeting at 1034 Escort Way regarding a development application § Attended the Fit for the Future workshop § Attended meeting with Mayor and General Manager and representatives of various user groups of Molong Recreational Ground regarding future upgrades of the ground § Attended Molong Advancement Group’s Monthly Meeting along with the General Manager
	MOTION (Hayes/-) THAT the information contained in the Mayoral Minute be noted.
14/12/02	Carried

	ITEM - 5 COMMITTEE OF THE WHOLE
	Proceedings in Brief Clr Hayes called items 13, 16, 18 and 21. Clr Dean called items 13, 14, 15, 18, 19, 20 and21. Clr Davison called item 9.
	MOTION (Hayes/Wilcox) THAT Council debate the called items in Committee of the Whole.
14/12/03	Carried

	ITEM - 6 GROUPING OF REPORT ADOPTION
	Proceedings in Brief It was noted Item 9 was already called for consideration in the Committee of the Whole.
	MOTION (Durkin/Dean) THAT items 7 to 8 and 10-12 be moved and seconded.
14/12/04	Carried

ITEM - 7 CONFIRMATION OF THE MINUTES

MOTION (Durkin/Dean)

THAT the minutes of the Ordinary meeting held 25 November 2014 be adopted.

14/12/05

Carried

ITEM - 8 ENTERPRISE RISK MANAGEMENT POLICY

MOTION (Durkin/Dean)

THAT:

1. The Enterprise Risk Management Policy be approved;

2. The Risk Management Policy be repealed.

14/12/06

Carried

ITEM - 10 ORANGE TRIATHLON EVENTS

MOTION (Durkin/Dean)

THAT Council approve the application subject to:

1. Implementation of the Risk Management Plan and Traffic Management Plan, in accordance with the “Guide to Traffic and Transport Management for Special Events” (RTA, v3.4 August 2006) for a Class 2 event;

2. NSW Road Rules being observed by participants at all times;

3. Written approval being obtained from NSW Police;

4. Written approval being obtained from all affected Local Government Authorities;

5. Council being provided with an updated copy of the $20M Public Liability Insurance Policy indicating Cabonne Council’s interests upon expiry of the one provided, with the date and location of the event;

6. The event organiser notifying all emergency services of each event

7. Adherence to the statements in the letter of application;

8. The event organiser to arrange a meeting with Council after each Quarter of events (ie Jan – Mar 2015, Sep-Dec 2015, Jan-Mar 2015) to report near misses or traffic concerns from events;

9. The event organiser to provide Council with a letter listing the near misses and traffic concerns discussed at item 8.

14/12/07

Carried

ITEM - 11 100 MILE DINNER - CANOWINDRA

MOTION (Durkin/Dean)

THAT Council approve the application subject to:

2. NSW Road Rules being observed by participants at all times;

3. Written approval being obtained from NSW Police;

4. Written approval being obtained from all affected Local Government Authorities;

6. The event organiser notifying all emergency services of each event;

7. The organisers being responsible for all costs associated with the road closure.

14/12/08

Carried

ITEM - 12 EXCLUSIVE LICENCE TO QUARRY

MOTION (Durkin/Dean)

THAT Council authorise the affixing of the Common Seal to the exclusive license to quarry agreements for the following small mines:

1. Bennetts Pit – N6

2. Betts Pit – N152

3. Chatmans Pit – S27

4. Gavins Pit – S42

5. Manildra Common Trust – S21

6. Reynolds Pit - N177

14/12/09

Carried

It was noted items 13 to 16 are to be considered in the committee of the whole.

ITEM - 17 EVENTS ASSISTANCE PROGRAM GRANT FUNDING

MOTION (Dean/Durkin)

THAT the Council approve funding of $20,000.00 for the 2015 Canowindra Challenge under the Events Assistance Program.

14/12/10

Carried

It was noted items 18 to 21 are to be considered in the committee of the whole.

	ITEM - 22 QUESTIONS FOR NEXT MEETING
	Proceedings in Brief Council requested the following reports and a workshop be held as per the Motion.
	MOTION (Wilcox/Culverson) THAT Council: 1. Receive a report at the next Council meeting in relation to :. a. Molong Railway Station b. Eugowra Road Upgrades c. Canowindra Skate park maintenance and upgrades 2. Review the resolutions register at the next workshop meeting.
14/12/11	Carried

ITEM - 23 BUSINESS PAPER ITEMS FOR NOTING

MOTION (Gosper/Dean)

THAT the Notation items be noted.

14/12/12

Carried

	ITEM - 24 MATTERS OF URGENCY
	Proceedings in Brief Council would like to see an advertising campaign done for the Molong limestone quarry.
	MOTION (Dean/Wilcox) THAT Council undertake an advertising campaign including television for the Molong Limestone Quarry.
14/12/13	Carried

ITEM - 25 COMMITTEE OF THE WHOLE SECTION OF THE MEETING

MOTION (Culverson/Wilcox)

THAT Council hereby resolve itself into Committee of the Whole to discuss matters called earlier in the meeting.

14/12/14

Carried

	ITEM - 9 CABONNE COUNTRY TOURISM ADVISORY COMMITTEE
	Proceedings in Brief Clr Davison requested an option be included to allow meetings to be held in between the two monthly meetings proposed.
	Recommendation (Davison/Wilcox) THAT: 1. Council continues with the appointment of a Cabonne Country Tourism Advisory Committee. 2. Expressions of Interest for Cabonne Country Tourism Advisory Committee membership are called for in 2015. 3. CCTAC hold all future meetings every 2 months or as required.
1.	Carried

Clr Hayes left meeting at 2.00pm returning at 2.02pm.

	ITEM - 13 FIT FOR THE FUTURE
	Proceedings in Brief The following recommendations were formed at the workshop held 9/12/14.
	Recommendation (Dean/Davison) THAT Council: 1. Retain Council independence. 2. Support, as an alternative to merging with OCC and Blayney Shire, the creation of a joint service delivery entity to be jointly owned/controlled by two or more councils and which provides a range of services to those councils. 3. Identify where minor boundary adjustments could improve Council sustainability. 4. Acknowledge the outcomes of the community survey carried out in 2013. 5. Identify and place on public record the non-negotiable terms should a merger with OCC and/or Blayney Shire occur. 6. Authorise the Mayor, Deputy Mayor & General Manager to meet with OCC and other councils to discuss the Fit for the Future proposal. 7. Authorise the funding from an additional vote and undertaking of a cost benefit analysis for: a) establishment of a joint service delivery entity; b) merger with OCC and/or Blayney Shire. 8. Approach OCC and/or Blayney Shire to share the costs of a & b. 9. Authorise the funding from an additional vote for the engagement of consultants to assist with the development and implementation of a communication and engagement strategy to ensure the communities are kept informed and consulted with on any proposed changes to the future governance and operating model of Cabonne Council.
2.	Carried

ITEM - 14 FIXING COUNTRY ROADS 2014-2015

Recommendation (Dean/Gosper)

THAT Council:

1. Support the funding application under the Fixing Country Roads – Local Roads & Bridges program;

2. Approve expenditure from the capital works reserve for the identified council contribution to any or all of the proposed projects.

Carried

	ITEM - 15 CANOWINDRA RETIREMENT VILLAGE
	Proceedings in Brief Councillors felt further discussion was required. Note: A further Motion near the end of the meeting deferred the workshop until February.
	Recommendation (Culverson/Walker) THAT Council defer this item until after this Council meeting for a workshop to be held for further discussion
4.	Carried

ITEM - 16 SEPTEMBER 2014 QUARTERLY BUDGET REVIEW

Recommendation (Hayes/Dean)

THAT Council review the variances listed in this review and that the current budget be amended to reflect those variances.

Carried

ITEM - 18 MANILDRA MEN'S SHED REQUEST FOR CONNECTION TO SEWER FREE OF CHARGE

Recommendation (Dean/Wilcox)

THAT Council:

1 Decline to waive sewer connection charges for the Manildra Men’s Shed at the location proposed; and

2 A further report to come back to next Council meeting.

Carried

	ITEM - 19 ACCESS RAMP AND FLAGPOLE FOR MOLONG VILLAGE GREEN
	Proceedings in Brief Councillors requested a further look at a permanent ramp solution and using the same flagpole to fly both Australian and New Zealand flags.
	Recommendation (Gosper/Dean) THAT Council receive a further report on a permanent ramp being installed and option to fly both Australian and New Zealand flags on the 1 flagpole.
7.	Carried

	ITEM - 20 STRUCTURAL AND ARCHITECTURAL REPORT OF THE MITCHELL ROOM, MOLONG.
	Proceedings in Brief Council considered the options in the report.
	Recommendation (Davison/Gosper) THAT Option 5 of the report be the preferred option with a final scope of works to be referred for consideration to the 2015/2016 financial year to prevent further deterioration of the building.
8.	Carried

It was noted, the time being 2:31pm Clr Davison declared an interest in the following item (identified as pecuniary interest) due to being a neighbour and left the Chambers.

ITEM - 21 DA 2015/0012 CELLAR DOOR PREMISE AND AMENITIES BLOCKS ON LOT 100 & 102 DP 1031436, 1034 THE ESCORT WAY, BORENORE

Recommendation (Hayes/Dean)

THAT Development Application 2015/0012 for Cellar door premise and amenities block x 2 on Lot 100 & 102 DP 1031436, 1034 The Escort Way, Borenore, be granted consent subject to the conditions attached.

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 Treavors – apology and Clr Davison - declared interest) as follows:

For: Clrs Hayes, Dean, MacSmith, Smith, Durkin and Culverson.

Against: Clrs Nash, Gosper, Wilcox and Walker (abstained).

It was noted, the time being 3:17pm Clr Davison rejoined the meeting.

CONFIDENTIAL ITEMS

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

Recommendation (Culverson/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.

10.

Carried

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

Recommendation (Culverson/Nash)

THAT the Committee endorse the accuracy of the Report of the Proceedings of Confidential Matters at the Closed Australia Day Committee of the Whole Meeting held on 25 November 2014 and notes that the recommendations recorded in the Official Minutes of that meeting are sufficient to state the general effect of the proceeding in Closed Committee.

11.

Carried

ITEM - 3 OUTSTANDING PUBLIC LIABILITY CLAIMS

Recommendation (Culverson/Dean)

THAT the information be noted.

12.

Carried

ITEM - 4 SECTION 18A WEEDS NOTICES

Recommendation (Culverson/MacSmith)

THAT the information be noted.

13.

Carried

ITEM - 5 EUCHAREENA RATEPAYERS GROUP

Recommendation (Culverson/Gosper)

THAT Council support the Mayor and General Manager meeting with representatives of the Euchareena ratepayers group.

14.

Carried

ITEM - 6 LAND TITLE INFORMATION

Proceedings in Brief

Item 6 was considered together with item 13.

ITEM - 13 LAND TITLE INFORMATION

Recommendation (Nash/Wilcox)

THAT the information be noted and Council advise the ratepayer of the situation and authorise negotiations to take place with the ratepayer involved.

15.

Carried

ITEM - 7 QUOTES - CLEANING SERVICES FOR CANOWINDRA HACC AND LIBRARY BUILDINGS

Recommendation (Gosper/MacSmith)

THAT Council award to Radiant Services at the quoted price and subject to conditions recorded in the proceedings in brief.

16.

Carried

ITEM - 8 INSTALLATION OF SECURITY SYSTEM AT THE AGE OF FISHES MUSEUM CANOWINDRA

Recommendation (Wilcox/Walker)

THAT:

1. Council purchase a new security system to the value of $5,332.00 for the Age of Fishes Museum in Canowindra.

2. The Age of Fishes Museum Board repay Council through an agreed payment plan interest free.

17.

Carried

*	ITEM - 9 PROPOSED SALE OF LAND AT LONGS CORNER ESTATE CANOWINDRA
	MOTION (Durkin/Davison) THAT Council accept the offer of $55,000 for Lot 5 of Longs Corner Estate.
	Amendment (Culverson/MacSmith) THAT Council not accept the offer of $55,000 for lot 5 of Longs Corner Estate but accept a price of or above the amount listed in the proceedings in brief.
	The Amendment was put and carried. The amendment became the motion and was put and carried.
	RECOMMENDATION (Culverson/MacSmith) THAT Council not accept the offer of $55,000 for lot 5 of Longs Corner Estate but accept a price of or above the amount listed in the proceedings in brief.
18.	Carried
	Recommendation (Walker/Wilcox) THAT Council authorise the use of the Seal on Sale and Transfer documents for Lot 5 Longs Corner Estate Canowindra.
19.	Carried

It was noted at this time Clr MacSmith declared an interest in the following item (identified as a non significant non-pecuniary interest) due to a working relationship with one of the parties, however did not leave the room as he felt he could remain impartial in consideration of the matter.

ITEM - 10 TUCKERS PIT

Recommendation (Culverson/Dean)

THAT Council accept the offer of $200,000.00 received from Wild Group Pty Ltd.

20.

Carried

ITEM - 11 TENDER FOR CANOWINDRA CONCRETE PATH

Recommendation (Nash/Gosper)

THAT:

1. Council accept the tender of P.A and C.L. McKenzie Builders for the construction of the Canowindra Concrete Path in the amount of $147,180 (including GST).

2. Council authorise the approval of any variations for the project provided they are contained within the overall approved budget.

3. The Common Seal of Council be affixed to the contract documents for Contract No. 587183

21.

Carried

It was noted during discussion on the following item Clr Hayes left the meeting at 4.03pm and returned at 4.05pm at which time he resumed the Chair. Clr MacSmith assumed the Chair during the absence.

ITEM - 12 FOUR TOWN SEWER ON-PROPERTY WORKS

Recommendation (Culverson/MacSmith)

THAT the information be noted.

22.

Carried

It was noted the time being 4.07pm the Chair resumed the ordinary committee of the whole meeting.

ITEM - 15 CANOWINDRA RETIREMENT VILLAGE

Recommendation (Culverson/Walker)

THAT Council defer this item for a workshop to be held on the 2^nd Tuesday in February.

23.

Carried

It was noted the time being 4.09pm the Chair resumed the ordinary meeting.

REPORT & RESOLUTIONS OF COMMITTEE OF THE WHOLE

Motion (Gosper/MacSmith)

THAT the Report and Recommendations of the Committee of the Whole Meeting held on Tuesday 16 December, 2014 be adopted, with the exception of recommendation 4.

14/12/15

Carried

There being no further business, the meeting closed at 4.11.pm.

CHAIRMAN.

Chairman of the Ordinary Meeting of Cabonne Council held on the 24 February 2015 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.