MINUTES OF THE Ordinary Council Meeting HELD AT THE COUNCIL CHAMBERS MOLONG ON Tuesday 26 May, 2015 COMMENCING AT 1.00pm

Page 2

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.. 1

ITEM - 5     COMMITTEE OF THE WHOLE.. 2

ITEM - 6     GROUPING OF REPORT ADOPTION.. 2

ITEM - 7     CONFIRMATION OF THE MINUTES.. 3

ITEM - 8     TRANSITION OF HACC SERVICES TO COMMONWEALTH HOME SUPPORT PROGRAM.. 3

ITEM - 9     ACQUISITION OF 17 BETTS STREET MOLONG.. 3

ITEM - 10  SALE OF TUCKER'S PIT.. 3

ADDITIONAL ITEM - COMMITTEE OF THE WHOLE SECTION OF THE MEETING   3

ITEM - 11  FIT FOR THE FUTURE.. 4

ITEM - 12  FIT FOR THE FUTURE - COUNCIL IMPROVEMENT PLAN 'TEMPLATE 2' 4

ITEM - 13  LG NSW RURAL AND REGIONAL ISSUES WORKSHOP.. 4

ITEM - 14  APPROVAL TO WRITE OFF DEBTS.. 4

ITEM - 15  MARCH QUARTERLY BUDGET REVIEW... 4

ITEM - 16  REQUESTS FOR DONATIONS.. 5

ITEM - 17  CABONNE COUNTRY TOURISM ADVISORY COMMITTEE.. 5

ITEM - 18  EVENTS ASSISTANCE PROGRAM GRANT FUNDING.. 5

ITEM - 19  MULLION CREEK PINE TREE REMOVAL.. 5

ITEM - 21  DA 2014/0092 MODIFICATION APPLICATION FOR INDUSTRY (ANCILLARY DEVELOPMENT - COAL FIRED BOILER) CONDITION 8 CONSTRUCTION HOURS ON LOT 1 DP 1085601, DEDERANG STREET & LOT 270 DP 821835, DEROWIE STREET, MANILDRA.. 6

ITEM - 22  MODIFY DWELLING ENVELOPE UPON LOT 5 DP 1182078 LAND ALSO KNOWN AS 161 WHITELEYS RD, BOOMEY.. 6

ITEM - 23  MODIFY COMPLYING DEVELOPMENT CERTIFICATE 2010/1016 FOR ADDITIONS AND ALTERATIONS TO THE EXISTING DWELLING UPON LOT 11 DP 846462. 6

ITEM - 24  REQUEST FOR REIMBURSEMENT OF DEVELOPMENT APPLICATION FEES - 2015/0052 - EXTENSION OF REAR DECK AND STAIRS.. 7

ITEM - 25  REQUEST FOR REIMBURSEMENT OF DEVELOPMENT APPLICATION FEES - 2014/0171 - ADDITIONS TO EXISTING COMMUNITY HALL.. 7

ITEM - 26  QUESTIONS FOR NEXT MEETING.. 7

ITEM - 27  BUSINESS PAPER ITEMS FOR NOTING.. 8

ITEMS FOR NOTATION.. 8

ITEM - 4     RESOLUTIONS REGISTER - INFOCOUNCIL - ACTIONS REPORTING   8

ITEM - 6     NOXIOUS WEEDS REPORT.. 8

ITEM - 7     ENGINEERING AND TECHNICAL SERVICES UPDATE REPORT.. 9

ITEM - 28  MATTERS OF URGENCY.. 9

ITEM - 29  COMMITTEE OF THE WHOLE SECTION OF THE MEETING.. 9

ITEM - 20  CUDAL MEMORIAL PARK.. 9

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.. 10

ITEM - 3     GENERAL MANAGER'S PERFORMANCE REVIEW... 11

ITEM - 4     CANOWINDRA RETIREMENT VILLAGE.. 11

ITEM - 5     DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS.. 11

ITEM - 6     OUTSTANDING PUBLIC LIABILITY CLAIMS.. 11

ITEM - 7     SECTION 18A WEEDS NOTICES.. 11

REPORT & RESOLUTIONS OF COMMITTEE OF THE WHOLE.. 12

 


 

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


Also present were the General Manager, Director of Finance & Corporate Services, acting 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 Nash and Smith for their absence from the meeting. 

 

MOTION (Dean/Wilcox)

 

THAT the apologies tendered by Clrs Nash and Smith be accepted and the necessary leave of absence be granted.

 

15/05/07

Carried

 

 

ITEM - 2    DECLARATIONS OF INTEREST

 

Proceedings in Brief

Clr Treavors declared an interest (identified as a potential conflict of interest) in item 20 due to his wife being the Treasurer of the Cudal Progress Association.

 

MOTION (Davison/Wilcox)

 

THAT the Declarations of Interest be noted.

 

15/05/08

Carried

 

 

ITEM - 3    DECLARATIONS FOR POLITICAL DONATIONS

 

MOTION (Wilcox/Gosper)

 

THAT it be noted there were nil declarations for political donations.

 

15/05/09

Carried

 

It was noted the time being 1:01pm presentation was made by the Mayor to the Youth of the Month for May 2015, Karla Pearson.

 

 

ITEM - 4    MAYORAL MINUTE - APPOINTMENTS

 

Proceedings in Brief

Clr Gosper

-         Attended Councillor briefings and monthly meetings

-         Attended Council Extraordinary meeting

-         Attended Yeoval Progress Meeting with Mayor

-         Attended Fit for the Future Community Engagement Meeting at Molong

-         Attended Fit for the Future Community Engagement Meeting at Canowindra

-         Attended Molong Advancement Group’s – Anti-amalgamation meeting at Molong

 

Clr Walker

-         Attended meeting regarding UnitingCare

-         Attended Extraordinary meeting of Operational Plan

-         Attended a debrief meeting

-         Attended Canowindra retirement village meeting

-         Attended Molong Community Meeting

-         Attended Canowindra Community Meeting

-         Attended Council Meeting

 

 

MOTION (Hayes/-)

 

THAT the information contained in the Mayoral Minute be noted.

 

15/05/10

Carried

 

 

ITEM - 5    COMMITTEE OF THE WHOLE

 

Proceedings in Brief

Clr Dean called item 20 and Clr MacSmith called item 11.  The Mayor suggested Council address item 11 when that item was next on the agenda and item 20 when the Committee of the Whole item appeared in the agenda.

 

MOTION (Gosper/Wilcox)

 

THAT Council debate called items in Committee of the Whole in the manner indicated in the Proceedings in Brief.

 

15/05/11

Carried

 

 

ITEM - 6    GROUPING OF REPORT ADOPTION

 

MOTION (Gosper/Dean)

 

THAT Items 7 to 10 be moved and seconded.

15/05/12

Carried

 

 

ITEM - 7    CONFIRMATION OF THE MINUTES

 

MOTION (Gosper/Dean)

 

THAT the minutes of the Ordinary meeting held 28 April 2015 and the Extraordinary meeting held 5 May 2015 be adopted.

 

15/05/13

Carried

 

 

ITEM - 8    TRANSITION OF HACC SERVICES TO COMMONWEALTH HOME SUPPORT PROGRAM

 

MOTION (Gosper/Dean)

 

THAT Council authorise the signing and attachment of its Common Seal to the four month extension to funding documents for the Cabonne HACC Service.

 

15/05/14

Carried

 

 

ITEM - 9    ACQUISITION OF 17 BETTS STREET MOLONG

 

MOTION (Gosper/Dean)

 

THAT 17 Betts Street, Molong be classified as operational land upon acquisition.

 

15/05/15

Carried

 

 

ITEM - 10 SALE OF TUCKER'S PIT

 

MOTION (Gosper/Dean)

 

THAT Council authorise the affixing of the Council Seal to the Contract of Sale of Tucker’s Pit.

 

15/05/16

Carried

 

 

ADDITIONAL ITEM - COMMITTEE OF THE WHOLE SECTION OF THE MEETING

 

MOTION (Wilcox/Davison)

 

THAT Council hereby resolve itself into Committee of the Whole to discuss item 11 called earlier in the meeting.

 

15/05/17

Carried

 

 

ITEM - 11 FIT FOR THE FUTURE

 

Proceedings in Brief

Councillors spoke on the processes experienced relating to amalgamation over several years and gave thanks to the Mayor, Deputy Mayor, General Manager and involved staff for their work on the current Fit For The Future process.

 

Recommendation (Durkin/Treavors)

 

THAT Council submit Template 2 (Council Improvement) proposal to IPART on or before June 30 2015.

 

1.

Carried

 

It was noted the time being 1:30pm the Chair resumed the ordinary meeting

 

 

ITEM - 12 FIT FOR THE FUTURE - COUNCIL IMPROVEMENT PLAN 'TEMPLATE 2'

 

MOTION (Durkin/Wilcox)

 

THAT Council endorse the strategic direction demonstrated in the draft Fit for the Future Template 2 (Council Improvement Plan).

 

15/05/18

Carried

 

 

ITEM - 13 LG NSW RURAL AND REGIONAL ISSUES WORKSHOP

 

MOTION (Culverson/Wilcox)

 

THAT Council nominate the Mayor and the Deputy Mayor as representatives to attend the LG NSW Rural and Regional Issues Workshop on 4 June 2015 with Clr Davison as alternate if required.

 

15/05/19

Carried

 

 

ITEM - 14 APPROVAL TO WRITE OFF DEBTS

 

MOTION (Gosper/Dean)

 

THAT Council fix an amount of $1,000.00 above which debts to the council may be written off only by resolution of the Council.

 

15/05/20

Carried

 

 

ITEM - 15 MARCH QUARTERLY BUDGET REVIEW

 

Proceedings in Brief

It was noted item 15 was withdrawn due to incorrect annexures.

 

 

 

ITEM - 16 REQUESTS FOR DONATIONS

 

MOTION (Durkin/Dean)

 

THAT Council donate:

 

1.   $300.00 to the St Johns Anglican Church to assist in establishing a community garden;

2.   $300.00 to assist Michael Reimer to participate in a study tour of Canada;

3.   $200.00 towards the Cumnock Public School regional soccer and netball carnival; and

4.   $200.00 towards the work of Central West WIRES.

15/05/21

Carried

 

 

ITEM - 17 CABONNE COUNTRY TOURISM ADVISORY COMMITTEE

 

MOTION (Durkin/Wilcox)

 

THAT Council appoint Kerry Connelly to the Cabonne Country Tourism Advisory Committee.

 

15/05/22

Carried

 

 

ITEM - 18 EVENTS ASSISTANCE PROGRAM GRANT FUNDING

 

MOTION (Durkin/Wilcox)

 

THAT Council approve funding for the following applications under the Events Assistance Program:

 

1.     The CORRIDOR Project for the Cowra/Cabonne Science Hub – approved level of funding of $5,000; and

2.     Canowindra Baroquefest – approved level of funding of $2,869.

 

15/05/23

Carried

 

 

ITEM - 19 MULLION CREEK PINE TREE REMOVAL

 

MOTION (Culverson/Treavors)

 

THAT Pine tree removal and replanting be carried out in Miller Street, Mullion Creek as outlined in the report.

 

15/05/24

Carried

 

Item 20 was called earlier for debate in the Committee of the Whole.

 

 

ITEM - 21 DA 2014/0092 MODIFICATION APPLICATION FOR INDUSTRY (ANCILLARY DEVELOPMENT - COAL FIRED BOILER) CONDITION 8 CONSTRUCTION HOURS ON LOT 1 DP 1085601, DEDERANG STREET & LOT 270 DP 821835, DEROWIE STREET, MANILDRA

 

MOTION (Gosper/Culverson)

 

THAT Modification Development Application 2014/0092/1 for Industry (Ancillary development – Coal Fired Boiler) on land described as Lot 1 DP 1085601, Dederang Street & Lot 270 DP 821835 Derowie Street, Manildra , be granted consent subject to the conditions attached.

 

15/05/25

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 Clrs Nash and Smith – apologies) as follows:

 

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

 

Against: Nil

 

 

 

ITEM - 22 MODIFY DWELLING ENVELOPE UPON LOT 5 DP 1182078 LAND ALSO KNOWN AS 161 WHITELEYS RD, BOOMEY

 

MOTION (Wilcox/Culverson)

 

THAT Council resolve to amend the dwelling envelope upon Lot 5 DP 1182078, land also known as 161 Whiteleys Rd, Boomey.

 

15/05/26

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 Nash and Smith – apologies) as follows:

 

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

 

Against: Nil

 

 

 

ITEM - 23 MODIFY COMPLYING DEVELOPMENT CERTIFICATE 2010/1016 FOR ADDITIONS AND ALTERATIONS TO THE EXISTING DWELLING UPON LOT 11 DP 846462

 

MOTION (Wilcox/Davison)

 

THAT Development Application 2010/1016 for additions and alterations to the existing dwelling upon Lot 11 DP 846462 land also known as 477 Mousehole Lane, Bowan Park, be granted consent subject to the conditions attached.

 

15/05/27

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 Nash and Smith – apologies) as follows:

 

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

 

Against: Nil

 

 

 

ITEM - 24 REQUEST FOR REIMBURSEMENT OF DEVELOPMENT APPLICATION FEES - 2015/0052 - EXTENSION OF REAR DECK AND STAIRS

 

MOTION (Durkin/Culverson)

 

THAT Council donate $716.00 from its s356 budget to the Age of Fishes Museum, being the amount equivalent to DA fees paid in association with Development Application 2015/0052 for extension to rear deck and stairs on Lot 1 DP 863111, Gaskill Street, Canowindra

 

15/05/28

Carried

 

 

ITEM - 25 REQUEST FOR REIMBURSEMENT OF DEVELOPMENT APPLICATION FEES - 2014/0171 - ADDITIONS TO EXISTING COMMUNITY HALL

 

MOTION (Gosper/Durkin)

 

THAT Council donate $849.50 from its s356 budget to Molong Players, being the amount equivalent to DA fees paid in association with Development Application 2014/071 for additions to existing community hall on Lot 2 DP 1082943, 96-98 Bank Street, Molong.

 

15/05/29

Carried

 

 

ITEM - 26 QUESTIONS FOR NEXT MEETING

 

MOTION (Wilcox/Dean)

 

THAT Council receive a report at the next Council meeting in relation to:

1.    A review of the Street Stall and Raffle Ticket policy to allow modification of the location used at Canowindra on weekends.

2.    Progress on fluoridation of water at Molong and whether the deadline will be met.

15/05/30

Carried

 

 

ITEM - 27 BUSINESS PAPER ITEMS FOR NOTING

 

Proceedings in Brief

Clr Dean called item 4, Clr Culverson called item 7 and Clr Gosper called item 6.

 

MOTION (Culverson/Dean)

 

THAT:

1.   Councillors further consider called item 4, 6 and 7.

2.   The balance of the items be noted.

15/05/31

Carried

 

ITEMS FOR NOTATION

It was noted the time being 1:48pm Clr MacSmith declared an interest (identified as a pecuniary interest) in the following item due to his cousins owning the Canola Mill when discussion on the Canola Mill was to commence and left the Chambers, rejoining the meeting at 1:49pm after discussion finished.

 

 

ITEM - 4    RESOLUTIONS REGISTER - INFOCOUNCIL - ACTIONS REPORTING

 

MOTION (Dean/Wilcox)

 

THAT the information be noted.

 

15/05/32

Carried

 

 

ITEM - 6    NOXIOUS WEEDS REPORT

 

Proceedings in Brief

The Chief Weeds Officer was requested to provide a verbal report.

 

MOTION (Gosper/Walker)

 

THAT the information be noted.

 

15/05/33

Carried

 

 

ITEM - 7    ENGINEERING AND TECHNICAL SERVICES UPDATE REPORT

 

MOTION (Culverson/Dean)

 

THAT the information be noted.

 

15/05/34

Carried

 

 

ITEM - 28 MATTERS OF URGENCY

 

Proceedings in Brief

There were nil matters of urgency.

 

 

ITEM - 29 COMMITTEE OF THE WHOLE SECTION OF THE MEETING

 

MOTION (Wilcox/Durkin)

 

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

 

15/05/35

Carried

 

It was noted the time being 2:02pm Clr Treavors declared interest (identified as a potential conflict of interest) in the following item due to his wife being the Treasurer of the Cudal Progress Association and left the Chambers.

 

 

ITEM - 20 CUDAL MEMORIAL PARK

 

Proceedings in Brief

Clr Dean questioned whether the park had an actual name currently, as opposed to the name by which it is known and suggested a plaque may be more appropriate than changing the name and reinstating a fountain which he understood to be in a state unfit for repair.  Clr Wilcox requested an option to consider the plaque and a fountain be included.

 

Recommendation (Dean/Culverson)

 

THAT Council approve advertising:-

 

a)   the proposed name change; and

 

b)   the reinstallation of the fountain; and

 

c)   a memorial plaque for the land donator instead of a fountain and renaming be put to community to gauge public support for the proposal.

 

 

Amendment (Davison/Wilcox)

 

THAT Council receive a report regarding the state of the fountain and including the Cudal Progress Association’s view on the alternate proposals discussed.

 

 

The amendment was put and carried, becoming the motion.  The motion was put and carried.

 

 

Recommendation (Davison/Wilcox)

 

THAT Council receive a report regarding the state of the fountain and including the Cudal Progress Association’s view on the alternate proposals discussed.

 

2.

Carried

 

It was noted the time being 2:14pm Clr Treavors rejoined the meeting.

 

CONFIDENTIAL ITEMS

 

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

 

RECOMMENDATION (Culverson/Davison)

 

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.

 

3.

Carried

 

It was noted the time being 2:15pm Clr Davison was absent from the Chambers during voting on the following item.

 

 

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

 

Recommendation (Gosper/MacSmith)

 

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 28 April 2015 and 5 May 2015 and notes the recommendations recorded in the Official Ordinary Minutes of that meeting are sufficient to state the general effect of the proceeding in Closed Committee.

 

4.

Carried

 

It was noted the time being 2:16pm the general manager and staff left the Chambers during discussion on the following matter by the mayor and councillors, rejoining the meeting at 2:23pm.

 

*

ITEM - 3    GENERAL MANAGER'S PERFORMANCE REVIEW

 

Recommendation (Wilcox/Dean)

 

THAT Council undertake the conduct of the General Manager’s annual Performance Review with a LGNSW consultant and afford all councillors an opportunity to provide input at a date to be advised.

 

5.

Carried

 

*

ITEM - 4    CANOWINDRA RETIREMENT VILLAGE

 

Recommendation (Durkin/Wilcox)

 

THAT Council pursue the option detailed in the Proceedings in Brief.

 

6.

Carried

 

 

ITEM - 5    DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS

 

Recommendation (Durkin/Wilcox)

 

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.

 

7.

Carried

 

 

ITEM - 6    OUTSTANDING PUBLIC LIABILITY CLAIMS

 

Recommendation (Wilcox/Dean)

 

THAT the information be noted.

 

8.

Carried

 

 

ITEM - 7    SECTION 18A WEEDS NOTICES

 

Recommendation (Gosper/Walker)

 

THAT the information be noted.

 

9.

Carried

 

It was noted, the time being 2:40pm the Chair resumed the ordinary meeting.

 

 

REPORT & RESOLUTIONS OF COMMITTEE OF THE WHOLE

 

MOTION (Culverson/Wilcox)

THAT the Report and Recommendations of the Committee of the Whole Meeting held on Tuesday 26 May, 2015 be adopted.

 

15/05/36

Carried

 

 

There being no further business, the meeting closed at 2:41pm.

 

 

 

CHAIRMAN.

 

 

Chairman of the Ordinary Meeting of Cabonne Council held on the 23 June, 2015 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.