MINUTES OF THE Ordinary Council Meeting HELD AT THE COUNCIL CHAMBERS MOLONG ON Tuesday 22 September, 2015 COMMENCING AT 1:00pm
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TABLE OF CONTENTS
ITEM - 1 ACKNOWLEDGEMENT OF COUNTRY
ITEM - 2 APPLICATIONS FOR LEAVE OF ABSENCE
ITEM - 3 DECLARATIONS OF INTEREST
ITEM - 4 DECLARATIONS FOR POLITICAL DONATIONS
ITEM - 5 MAYORAL ELECTIONS PROCEDURE 2015
ITEM - 6 ELECTION OF MAYOR 2015/2016
ITEM - 7 ELECTION OF DEPUTY MAYOR 2015/2016
ITEM - 8 DESTRUCTION OF BALLOT PAPERS
ITEM - 9 DELEGATION TO MAYOR AND DEPUTY MAYOR (IN MAYOR'S ABSENCE)
ITEM - 11 OTHER COUNCIL COMMITTEES THAT MEET AS WHEN REQUIRED
ITEM - 12 DELEGATES TO OTHER ORGANISATIONS - FOR THE TERM OF COUNCIL
ITEM - 13 DELEGATES TO OTHER ORGANISATIONS - FOR THE YEAR 2015/16
ITEM - 14 DELEGATES TO OTHER ORGANISATIONS - COMMUNITY PEAK ORGANISATIONS
ITEM - 15 ALTERNATE DELEGATE TO COMMITTEES OTHER THAN COUNCIL COMMITTEES
ITEM - 16 FIXING THE DATE AND TIME FOR COUNCIL AND OTHER MEETINGS
ITEM - 17 MAYORAL MINUTE - APPOINTMENTS
ITEM - 18 COMMITTEE OF THE WHOLE
ITEM - 19 GROUPING OF REPORT ADOPTION
ITEM - 20 CONFIRMATION OF THE MINUTES
ITEM - 21 FEE & CHARGES AMENDMENTS
ITEM - 23 CUDAL COMMUNITY HALL - MINISTER'S APPROVAL
ITEM - 22 PAYMENT OF EXPENSES AND PROVISION OF FACILITIES FOR MAYOR AND COUNCILLORS 2016 POLICY
ITEM - 24 RESIGNATION OF COUNCILLOR
ITEM - 25 SEGRA 2015 CONFERENCE
ITEM - 26 2015 LG NSW ANNUAL CONFERENCE
ITEM - 27 ANNUAL FINANCIAL STATEMENTS
ITEM - 28 REQUEST FOR EXEMPTION OF RATES FOR ASSESSMENT A34677
ITEM - 29 AFTER SCHOOL CARE SERVICES
ITEM - 30 YOUTH ADDRESSES TO COUNCIL MEETING
ITEM - 31 REQUESTS FOR DONATIONS
ITEM - 32 MOLONG EARLY LEARNING CENTRE
ITEM - 33 2015 SISTER CITIES AUSTRALIA CONFERENCE
ITEM - 34 EVENTS ASSISTANCE PROGRAM FUNDING 2015/16
ITEM - 35 2015 LOCAL GOVERNMENT FORUM - NSWRFS
ITEM - 36 LIVESTOCK AND BULK CARRIERS ASSOCIATION FORUM
ITEM - 38 CABONNE SHIRE BUS TOUR
ITEM - 39 CANOWINDRA POOL - TREE REMOVAL
ITEM - 40 MEMORIAL CHAIR AND PLAQUE AT CANOWINDRA POOL
ITEM - 41 DEMOLITION OF THE OLD TOILET BLOCK IN KIEWA STREET, MANILDRA.
ITEM - 43 QUESTIONS FOR NEXT MEETING
ITEM - 44 BUSINESS PAPER ITEMS FOR NOTING
ITEM - 8 STRATEGIC DIRECTIONS WORKSHOP - OUTCOMES
ITEM - 9 RESOLUTIONS REGISTER - INFOCOUNCIL - ACTIONS REPORTING
ITEM - 14 ENGINEERING AND TECHNICAL SERVICES UPDATE REPORT
ITEM - 46 COMMITTEE OF THE WHOLE SECTION OF THE MEETING
ITEM - 1 CARRYING OF COUNCIL RESOLUTION INTO CLOSED COMMITTEE OF THE WHOLE MEETING
ITEM - 3 NOTICE OF MOTION - ITEM 2 JULY CLOSED COUNCIL MEETING 2015
ITEM - 4 DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS
ITEM - 5 REQUEST FOR PAYMENT VARIATION ON INTEREST FREE LOAN FOR SEWER CONNECTION
ITEM - 6 REFUND OF SEWER CHARGES LEVIED ACCOUNT 294720008.
ITEM - 7 UNRECOVERABLE SUNDRY DEBTORS ACCOUNTS
ITEM - 8 POSSIBLE DEED OF AGREEMENT WITH AUSTRALIAN MUSEUM
ITEM - 10 SECTION 18A WEEDS NOTICES
ITEM - 11 SECTION 18 WEEDS NOTICES
REPORT & RESOLUTIONS OF COMMITTEE OF THE WHOLE
PRESENT Clr M Hayes (in the Chair initially), Clrs G Dean, M Nash, L MacSmith, I Gosper (in the Chair after the election of Mayor), 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, Personal Assistant to the Director of Engineering and
Technical Services and Administration Manager.
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Proceedings in Brief The Mayor recited an Acknowledgement of Country in accord with Council’s Code of Meeting Practice policy. |
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THAT the Mayor recites an Acknowledgement of Country in accord with Council’s Code of Meeting Practice policy.
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Carried |
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Proceedings in Brief It was noted that the resignation of Clr Smith is reported later in the business paper. There were nil applications for leave of absence. |
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Proceedings in Brief There were nil declarations of interest. |
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Proceedings in Brief There were nil declarations for political donations. |
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Proceedings in Brief It was noted the time being 1.07pm the Mayor declared the position of Mayor vacant and handed over to the General Manager as Returning Officer. |
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THAT:
1. Council re-affirm its previous practice of conducting voting for the positions of Mayor and Deputy Mayor by preferential ballot where three or more nominations are received, otherwise by ordinary ballot. 2. Details of the voting for the positions of Mayor and Deputy Mayor be made public.
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Carried |
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Proceedings in Brief The General Manager advised that there had been two (2) nominations for the position of Mayor, that being from Clrs Culverson and Clr Gosper. Both councillors confirmed their acceptance of the nomination for the position of Mayor. The General Manager advised that in these circumstances it was necessary to conduct an ordinary ballot. The ballot was then conducted. The General Manager announced that Clr Gosper received 6 votes and Clr Culverson received 5 votes. The General Manager as Returning Officer declared Clr Gosper duly elected as the Mayor of Cabonne Council for the ensuing term. |
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THAT the General Manager proceed with the requirements for the election of the Mayor for Cabonne Council as detailed in the item relating to the determination of requirements for the election process.
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Carried |
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Proceedings in Brief The General Manager advised that there had been two (2) nominations for the position of Deputy Mayor, that being from Clrs Dean and Clr MacSmith Clr Dean did not accept the nomination for the position of Deputy Mayor however Clr MacSmith did. The General Manager as Returning Officer declared Clr MacSmith duly elected as the Deputy Mayor of Cabonne Council for the ensuing term. |
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THAT the General Manager proceed with the requirements for the election of the Deputy Mayor for Cabonne Council as detailed in the item relating to the determination of requirements for the election process.
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Carried |
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THAT the ballot papers for the positions of Mayor and Deputy Mayor be destroyed upon the completion of formalities associated with the respective ballots.
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Carried |
It was noted the time being 1.19pm Clr Gosper assumed the Chair as the elected Mayor.
Clr Gosper thanked Clr Hayes and Clr MacSmith for their work during the Fit for the Future process.
It was noted the time being 1.22pm the following item was addressed.
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THAT Council hold workshops as outlined in the report.
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Carried |
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ITEM - 15 ALTERNATE DELEGATE TO COMMITTEES OTHER THAN COUNCIL COMMITTEES |
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THAT the information be noted.
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Carried |
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ITEM - 16 FIXING THE DATE AND TIME FOR COUNCIL AND OTHER MEETINGS |
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Proceedings in Brief It was noted Council meetings are currently held on the fourth Tuesday of each month, commencing at 1.00pm. |
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MOTION (Walker/Durkin)
THAT the date and time of regular meetings of Council remain as they are.
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Amendment (MacSmith/Hayes)
THAT ordinary Council meetings commence at 5pm on the fourth Tuesday of each month.
The amendment was put and carried becoming the motion. The motion was put and carried.
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THAT ordinary Council meetings commence at 5pm on the fourth Tuesday of the month.
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Carried
The Chair called for a division which resulted in a vote for the motion as follows. For: Clrs MacSmith, Wilcox, Hayes, Durkin, Treavors, Culverson. Against: Clrs Dean, Nash, Davison, Walker, Gosper.
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It was noted the time being 1.53pm the Chair adjourned the meeting until 2.13pm.
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Proceedings in Brief Clr Gosper 25/8/15 Attended August Council meeting 27/8/15 Attended Traffic Committee meeting at Cudal 29/8/15 Attended Molong Players 2015 production 1/9/15 Attended Yeoval Progress Association meeting as Council representative. 3/9/15 Attended the Canobolas Zone Community Safety precinct committee meeting for Police at Cabonne council chambers on behalf of the Mayor. 7/9/15 Attended Molong multi-purpose sports facility meeting with the General Manger, Molong Advancement Group members and Molong Tennis Club members. 10/9/15 Attended the Molong Advancement Group meeting as Council’s representative. 14/9/15 Attended the Country Zone 17 conference of the Australian Red Cross at Molong and performed the official opening on behalf of the Mayor. 17/9/15 Attended the Yeoval/Tullamore/Trundle Central Schools annual drama performance called “The big gig” at the Yeoval Memorial Hall as the Mayor’s representative. 20/9/15 Attended and represented the Mayor at the luncheon and official opening of the Molong Show. Clr Walker 28/7/15 Council meeting 29/7/15 CTW Blayney Strategic Plan 3/8/15 Eugowra Child Care Centre 4/9/15 Canowindra Retirement Village meeting 10/8/15 AOFM Board meeting 11/8/15 Council Workshop Molong 11/8/15 Eugowra Progress Association 12/8/15 Sydney meeting with Troy Grant MP and Andrew Gee MP re AOFM funding 13/8/15 Preliminary meeting re Fossil storage building 24-26/8/15 Water Management State Conference Bowral – CTW 10/9/15 Moyne Eventide Walkathon 14/9/15 Met with Canowindra Business member re flooding with GM, DETS and other staff 14/9/195 Morbell Progress Association – Hall concerns 16/9/15 Canowindra Business Chambers meeting 22/9/15 Council meeting |
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THAT the information contained in the Mayoral Minute be noted.
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Carried |
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THAT it be noted no items were called to be debated in Committee of the Whole.
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Carried |
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Proceedings in Brief The General Manager called Item 22 for procedural reasons. |
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THAT: 1. Council further consider the item called. 2. Items 20, 21 and 23 be moved and seconded. |
Carried |
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THAT the minutes of the Ordinary meeting held 25 August 2015 be adopted.
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Carried |
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THAT Council authorise advertising the amendments to the 2015/16 Fees & Charges as detailed in the report.
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Carried |
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THAT Council make an application to the Minister for Local Government for consent to transfer the title for the property formerly known as the Cudal School of Arts, now the Cudal Community Hall, being Lot 1 DP935937, to Cabonne Council under the provisions of s54B of the Local Government Act 1993. |
Carried |
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ITEM - 22 PAYMENT OF EXPENSES AND PROVISION OF FACILITIES FOR MAYOR AND COUNCILLORS 2016 POLICY |
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THAT Council: 1. Endorse the draft Payment of Expenses & Provision of Facilities for Mayor and Councillors 2016 Policy. 2. In accordance with the provisions of the Local Government Act 1993, advertise the intended adoption of the Council’s Payment of Expenses & Provision of Facilities for Mayor and Councillors 2016 Policy. 3. Receive a further report to the November Council meeting for consideration of submissions and adoption of the Payment of Expenses & Provision of Facilities for Mayor and Councillors 2016 Policy. |
Carried |
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THAT:
1. Council Seek Ministerial approval that the Councillor vacancy not be filled.
2. An appropriate acknowledgement of Councillor Smith’s service to Cabonne Council be arranged.
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Carried |
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THAT Council authorise the attendance of Clr Davison and the Acting Economic Development Manager to the 2015 SEGRA Conference to be held in Bathurst on 20-21 October 2015.
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Carried |
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THAT Clrs Gosper, Davison and Nash and the General Manager attend the 2015 Local Government NSW Annual Conference.
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Carried |
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THAT the Mayor, Deputy Mayor, General Manager and Director of Finance & Corporate Services sign the Statement by councillors and management in the approved format, for both the General Purpose and Special Purpose Financial Statements.
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Carried |
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ITEM - 28 REQUEST FOR EXEMPTION OF RATES FOR ASSESSMENT A34677 |
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Proceedings in Brief It was proposed that Council develop a policy of support from Council for preschools in the shire. A standard support by way of a donation equal to rates, rubbish and water and sewer costs to be paid by council was proposed. The Mayor recommended a workshop. A report is to be prepared costing the proposal. |
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THAT Council: 1. Provide assistance to the Eugowra Preschool by way of donation equivalent to the amount requested in the report being rates (bin service) of $907.45 and sewer account of $1,378.96. 2. Hold a workshop at the next available meeting date to discuss a standardised policy of support for preschools and that a report be tabled at that workshop costing the proposal as described in the Proceedings in Brief. |
Carried |
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Proceedings in Brief The General Manager advised he had received a call from the General Manager of Blayney Shire Council relating to the after school services undertaken in the Blayney Shire by Cabonne Council. The formal view from Blayney Council is to be requested. |
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THAT Council: 1. Advertise its intention to amend its fees and charges schedule to raise fees for after school care services to $25.00 for permanent bookings and $27.00 for casual bookings per three hour sessions. 2. Request a formal view from Blayney Council in relation to after school services undertaken in the Blayney Shire by Cabonne Council.
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Carried |
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Proceedings in Brief Councillors commented about the need to engage the smaller schools in the Shire i.e. primary schools. It was greed that this matter be discussed at the next workshop. |
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THAT:
1. The matters raised be followed up, costed and reported back to Council, with the students being advised of Council’s actions.
2. Engaging the smaller schools in the Shire (i.e. Primary schools) be discussed at the next workshop.
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Carried |
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THAT Council donate:
1. $250.00 to St Joseph’s School Molong to assist with costs of an excursion to Canberra. 2. $250.00 to St Joseph’s School Manildra to assist with the costs of an excursion to Canberra. 3. $250.00 to the Rotary Club of Orange Calare to assist with drug education forums. |
Carried |
It was noted the time being 2.43pm Clr Gosper declared an interest (identified as a pecuniary interest) in the following item due to family members working and being on the committee of the Molong Early Learning Centre and left the Chambers. Clr MacSmith assumed the Chair.
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Proceedings in Brief It was agreed to defer the matter until after the upcoming workshop and to invite relevant parties to discuss further. |
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THAT the matter be deferred to the upcoming workshop and the Molong Early Learning Centre be invited to address the workshop.
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Carried |
It was noted, the time being 2.44pm Clr Gosper rejoined the meeting and resumed the Chair.
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Proceedings in Brief It was proposed that Council not participate. |
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THAT Council not attend the 2015 Sister Cities Australia conference.
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Carried |
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Proceedings in Brief It was noted there is a Police requirement for at least 6 months’ notice before an event occurs. |
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THAT:
1. Council approve funding under the 2015/16 Events Assistance program of $1,500 to Brand Orange for the 2016 Banjo Paterson Australian Poetry Festival. This funding is to be allocated towards marketing the event. 2. Bicycle Network be asked to provide additional information on the proposed route and itinerary for the 2016 NSW Challenge Orange Bike Ride, detailing which Cabonne villages would be included in the route and specific information on venues and times of the proposed rest stops. |
Carried |
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Proceedings in Brief Clr Gosper and Clr Culverson were nominated to attend. |
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THAT Council authorise Clrs Gosper and Culverson to attend the forum to be held in Forbes on 6 October 2015.
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Carried |
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THAT Council not attend the Livestock and Bulk Carriers Association forum to be held in Walcha NSW on 6 October 2015.
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Carried |
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THAT the amended $3M backlog list be approved.
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Carried |
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THAT the Shire bus tour be held on Friday 30th October 2015.
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Carried |
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Proceedings in Brief Councillors resolved that local media be informed. |
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THAT Council: 1. Remove the eight Eucalyptus trees at the Canowindra pool prior to the commencement of the 2015/2016 swimming season; 2. Consider the provision of shade shelters in the 2016/17 budget; and 3. Ensure local media are well informed.
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Carried |
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Proceedings in Brief It was agreed to install a memorial chair and plaque with the words to be decided in consultation with the parents.
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THAT a memorial chair and plaque be placed at the Canowindra pool in memory of Stephanie Scott with wording to be decided in consultation with her parents.
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Carried |
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ITEM - 41 DEMOLITION OF THE OLD TOILET BLOCK IN KIEWA STREET, MANILDRA |
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THAT Council approve $14,000 re-vote from the capital works reserve to pay for the demolition of the old Manildra toilet block and landscaping.
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Carried |
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ITEM - 42 REQUEST TO ALLOW A VARIATION TO THE 88B INSTRUMENT FOR THE COLOUR OF A COLORBOND FENCE FROM CREAM TO DARK GREY UPON LOT 5 DP 1113621, 3 BLUEBELL STREET, CANOWINDRA |
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THAT Council refuse the use of a colour other than cream for boundary fencing on Lot 5 DP 1113621, 3 Bluebell Street, Canowindra.
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Carried |
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THAT it be noted no reports were requested for the next meeting. |
Carried |
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Proceedings in Brief Clr Dean called items 8, 9 and 14. |
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THAT: 1. Councillors further consider the items called. 2. The balance of the items be noted. |
Carried |
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THAT the outcomes listed in the report be included on the agenda for the next workshop.
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Carried |
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ITEM - 9 RESOLUTIONS REGISTER - INFOCOUNCIL - ACTIONS REPORTING |
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THAT the information be noted.
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Carried |
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THAT the Acting Director of Engineering and Technical Services be congratulated on the report.
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Carried |
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Proceedings in Brief It was noted there were nil matters of urgency raised. |
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THAT Council hereby resolve itself into Committee of the Whole.
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Carried |
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ITEM - 1 CARRYING OF COUNCIL RESOLUTION INTO CLOSED COMMITTEE OF THE WHOLE MEETING |
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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.
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1. |
Carried |
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ITEM - 2 ENDORSEMENT OF PROCEEDINGS OF CONFIDENTIAL MATTERS CONSIDERED AT COMMITTEE OF THE WHOLE MEETING |
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Recommendation (Durkin/Wilcox)
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 25 August 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.
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2. |
Carried |
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ITEM - 3 NOTICE OF MOTION - ITEM 2 JULY CLOSED COUNCIL MEETING 2015 |
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Recommendation (MacSmith/Culverson)
THAT the following motion passed at the 28 July 2015 Council meeting:- “ITEM – 2 COUNCIL PROPERTY – 10 WILLIAM STREET MOLONG RECOMMENDATION (MacSmith/Culverson) THAT: 1. Council sell the 10 William Street Molong property with proceeds allocated towards construction of a library and/or Visitors Centres in Molong. 2. Sale be by auction at a price no less than the amount listed in the proceedings in brief. 3. Appointment of a local agent be based on quotes. 4. Council’s Seal be affixed to transfer and sale documents. 2. Carried” Be amended by the addition of the following:- “An amount as outlined in the confidential proceedings in brief of this meeting be determined as acceptable to council to agree to sell by private treaty if such an offer is received prior to the date of auction.”
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3. |
Carried |
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Recommendation (Hayes/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.
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4. |
Carried |
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ITEM - 5 REQUEST FOR PAYMENT VARIATION ON INTEREST FREE LOAN FOR SEWER CONNECTION |
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Recommendation (Durkin/Davison)
THAT Council authorise the requested variation to payment arrangements due to financial hardship for an interest free loan on A38322 granted in August 2014.
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5. |
Carried |
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Recommendation (Davison/Treavors)
THAT a further report come back to Council.
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6. |
Carried |
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Recommendation (Davison/Durkin)
THAT Council approve:-
1. Write-off sundry debtor account 27234 – total debt of $2,588.66 as unrecoverable; and
2. Write-off sundry debtor account 70804 – total debt of $1,199.14 as unrecoverable.
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7. |
Carried |
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Recommendation (Hayes/MacSmith)
THAT the information be noted.
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8. |
Carried |
It was noted Clr Culverson stated that a tenderer in the following item had had dealings with her business a number of years ago but she would not be leaving the Chambers as she felt she could participate without bias.
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ITEM - 9 CONTRACT 572625 DESIGN AND CONSTRUCTION OF BRIDGE OVER HANOVER CREEK AND THE DEMOLITION OF THE EXISTING STRUCTURE |
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THAT Council:
1. Accept the tender of Murray Constructions for the design and construction of a bridge over of Hanover Creek on Banjo Patterson Way, Cumnock and the demolition of the existing structure at the tendered price of $623,100.00(excluding GST); and 2. Authorise the signing and attachment of the Council Seal to the contract deed of agreement between Cabonne Council and Murray Constructions. |
9. |
Carried |
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Recommendation (Culverson/Wilcox)
THAT the information be noted.
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10. |
Carried |
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Recommendation (Culverson/Wilcox)
THAT the information be noted.
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11. |
Carried |
It was noted the time being 3.24pm the Chair resumed the ordinary meeting.
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THAT the Report and Recommendations of the Committee of the Whole Meeting held on Tuesday 22 September, 2015 be adopted.
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Carried |
There being no further business, the meeting closed at 3.25pm.
CHAIRMAN.
Chairman of the Ordinary Meeting of Cabonne Council held on the 27 October, 2015 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.