Minutes of Ordinary Meeting

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, Acting Director of Engineering & Technical Services, Director of Environmental Services, the Personal Assistant to the Director of Engineering and Technical Services and the Administration Officer.

ITEMS FOR DETERMINATION

	ITEM - 1 APPLICATIONS FOR LEAVE OF ABSENCE
	There were nil requests for leave of absence.

	ITEM - 2 DECLARATIONS OF INTEREST
	Proceedings in Brief Clr I Gosper declared an actual pecuniary interest in item 17 due to family members working and being a committee member of the Molong Early Learning centre. Clr Macsmith declared a perceived conflict of interest as a significant non-pecuniary interest in item 27 due to being related to Manildra Milling Directors. Clr Culverson declared a perceived conflict of interest as a significant non-pecuniary interest in item 4 in the closed section due to one of the ratepayers listed being an employee of her business.
	MOTION (Wilcox/Culverson) THAT the Declarations of Interest be noted.
15/10/01	Carried

	ITEM - 3 DECLARATIONS FOR POLITICAL DONATIONS
	There were Nil political donations.

ADDRESS TO COUNCIL

MOTION (Wilcox/Hayes)

THAT the Spring Hill and Surrounding Districts Consultative Committee be permitted to address council for up to 10 minutes.

15/10/02

Carried

It was noted the time being 5.01PM Spring Hill and Surrounding Districts Consultative Committee addressed council.

	ITEM - 4 MAYORAL MINUTE - APPOINTMENTS
	Proceedings in Brief Clr Gosper 22.9.15 Attended September Council meeting Attended Molong Library and Railway station working party meeting 25.9.15 Attended meeting with the General Manager at the Chambers 26.9.15 Attended Canowindra Show along with Clrs Durkin and Walker and officially opened the new sheep pavilion 29.9.15 Attended Canobolas Local Area Command National Police Remembrance Day service at St Barnabas Church in Orange. 30.9.15 Attended the Eugowra MPS 5^th Birthday celebrations and spoke on behalf of Cabonne Council. Attended meeting with MAG and tennis club regarding the Multipurpose Sports Facility. 2.10.15 Attended Mayor’s Office 6.10.15 Attended along with Clr Culverson the RFS Forum for LG at Forbes Fire Control Centre 7.10.15 Attended the Manildra RFS pre season briefing meeting 8.10.15 Attended MAG monthly meeting 10.10.15 Attended Manildra Bowling Clubs unfurling of the State No. 6 Grade Pennant flag that they won. 11.10.15 Attended LG NSW Annual State Conference at Rosehill in to Sydney along with the GM and Clrs Davison and Nash. Clrs 13.1015 Durkin and Walker also represented Central Tablelands Water. 14/10/15 Attended the Boomey RFS Brigades AGM 16.10.15 Attended the official opening of the Yeoval Showground’s new shower and toilet amenities block along with the Deputy Mayor Clr MacSmith 19.10.15 Attended a tour and inspection of Mudgee and Lithgow libraries along with Clrs Dean and Culverson and the GM. 20.10.15 Attended Council’s workshop at Chambers 22.10.15 Attended the official opening of the Australia National Field Days along with the GM and presented the Cabonne award. 23.10.15 Attended the grandparents morning tea at Nashdale Public School 24.10.15 Attended and officially opened the Manildra P&C debutante ball as their guest of honour 26.10.15 Officially welcomed the Coo-ee march re-enactment marchers and their support crew to Cabonne shire and it was great to see both our schools fully supporting the coo-ees.
	MOTION (Gosper/-) THAT the information contained in the Mayoral Minute be noted.
15/10/03	Carried

	ITEM - 5 COMMITTEE OF THE WHOLE
	Proceedings in Brief Clr Davison called items 8 & 9 in Ordinary Clr MacSmith called item 16 in Ordinary Clr Dean called item 22 in Ordinary
	MOTION (Wilcox/Treavors) THAT Councillors debate called items in Committee of the Whole.
15/10/04	Carried

ITEM - 32 COMMITTEE OF THE WHOLE SECTION OF THE MEETING

MOTION (Hayes/Wilcox)

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

15/10/05

Carried

	ITEM - 8 MULTI-PURPOSE SYNTHETIC SPORTING FACILITY
	Proceedings in Brief Clr Davison called this item giving support to the Molong Advancement Group.
	RECOMMENDATION (Wilcox/Dean) THAT Council authorise owner’s consent for the construction of a multi-purpose synthetic sporting facility on Lots 31-35 DP 1089785 and Lot 30 DP 977127 Section A.
1.	Carried

ITEM - 9 2015/16 FEES & CHARGES AMENDMENTS - SUBMISSIONS

RECOMMENDATION (Dean/Culverson)

THAT Council adopt the amended fees and charges.

Carried

	ITEM - 16 FIT FOR THE FUTURE - IPART FINAL REPORT
	Proceedings in Brief The Mayor thanked the Molong Anti-amalgamation group for attending the meeting. Councillors voiced concerns with the reply back to IPART with regards to the assessment report. The General Manager also explained the additional outcomes that the State Government has added with a joint merger, which included an additional $5million from the Stronger Communities Fund where 2 councils agree to a voluntary merger.
	RECOMMENDATION (Gosper/Durkin) THAT Council: 1. Maintain its stand alone stance on mergers; 2. Does not put in any merger preferences as it is a rural council with ten adjoining neighbouring councils; 3. Authorise the Mayor, Deputy Mayor and General Manager to act in the best interest of council and an extraordinary meeting be called if needed; 4. Informs its community of this decision; 5. Indicate that it believes it meets Scale & Capacity because of projected growth figures and population size; and 6. Meets with any adjoining councils, as good neighbours do.
3.	Carried

	ITEM - 22 LITTLE RIVER LANDCARE GROUP - REQUEST FOR FUNDS FROM 2015/16 BUDGET
	Proceedings in Brief Councillor Dean sought clarification regarding previous resolutions in relation to request for funding by the Little River Landcare Group (LRLG), the Director of Finance and Corporate Services advised that council had agreed to make an initial donation of $7,500 in the 2013/14 year with a further $7,500 in the 2014/15 year subject to the LRLG raising a similar amount from increased membership.
	RECOMMENDATION (Dean/Treavors) THAT clarification be sought regarding the increase in membership fees of $7,500 in 2014/15 and a further report be made to the November council meeting.
4.	Carried It was noted the time being 5.36pm the Mayor resumed the ordinary meeting.

	ITEM - 6 GROUPING OF REPORT ADOPTION
	Proceedings in Brief It was noted that the Director of Finance and Corporate Services tabled the pecuniary interest returns referred to in item 10.
	MOTION (Dean/Wilcox) THAT: 1. Councillors call any items they wish to further consider 2. Items 7 and 10-12 be moved and seconded.
15/10/06	Carried

ITEM - 7 CONFIRMATION OF THE MINUTES

MOTION (Dean/Wilcox)

THAT the minutes of the Ordinary meeting held 22 September 2015 be adopted.

15/10/07

Carried

ITEM - 10 PECUNIARY INTEREST RETURNS 2015

MOTION (Dean/Wilcox)

THAT Council note the tabling of Pecuniary Interest Returns for the period to 30 June 2015.

15/10/08

Carried

ITEM - 11 CABONNE BLAYNEY FAMILY DAY CARE POLICY UPDATE

MOTION (Dean/Wilcox)

THAT Council adopt the changes to the Family Day Care Policy manual in accordance with relevant child care legislation and regulations.

15/10/09

Carried

ITEM - 12 EXCLUSIVE LICENCE TO QUARRY

MOTION (Dean/Wilcox)

THAT Council authorise the affixing of the Common Seal to the exclusive license to quarry agreement for Davis Pit S29.

15/10/10

Carried

	ITEM - 13 RESCISSION MOTION - ITEM 16 SEPTEMBER ORDINARY COUNCIL MEETING 2015
	Proceedings in Brief Clr Dean indicated that he believes that 5pm will hinder the ability of the younger children to attend council meetings and bringing in more people Clr Hayes indicated he was against the motion due to the burden on working councillors and accessibility for the wider community. Clr Gosper indicated that he sees the pros and cons of either times.
	MOTION (Dean/Nash) THAT Item 16 of the ordinary council held 22 September 2015 be rescinded.
15/10/11	Carried
	MOTION (Dean/Walker) THAT Ordinary Council meetings commence at 2pm on the 4^th Tuesday of each month and that Workshops commence at 2pm on the 2^nd Tuesday of each month.
15/10/12	Carried

ITEM - 14 DECEMBER AND JANUARY COUNCIL MEETINGS

MOTION (Walker/Dean)

THAT:

1. Council hold its ordinary meeting for December 2015 on Tuesday 15 December;

2. Council not conduct an ordinary meeting in January 2016 due to the restricted timeframe available; and

3. An extraordinary meeting be conducted in January or February if necessary.

15/10/13

Carried

It was noted, the time being 06:09pm Clr Hayes left the Chambers.

ITEM - 15 INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN 1ST QUARTER REVIEW

MOTION (Walker/Nash)

THAT the update of the Operational Plan to 30 September 2015, as presented, be adopted.

15/10/14

Carried

It was noted the time being 6.10pm Clr I Gosper declared perceived conflict of interest as a significant non-pecuniary interest in item 17 due to family members working and being a committee member of the Molong Early Learning centre and left the chamber. Clr MacSmith took the chair.

	ITEM - 17 COUNCILLOR WORKSHOP - 20 OCTOBER 2015
	Proceedings in Brief The Director of Finance and Corporate Services advised that he had obtained a copy of the Molong Early Learning Centre’s financial statement and sought clarification from the centre’s treasurer regarding a number of matters however due to time constraints she had been unable to provide the necessary information.
	MOTION (Wilcox/Walker) THAT a further report on the Molong Early Learning Centre be presented to the November council meeting;
15/10/15	Carried
	MOTION (Dean/Nash) THAT the pre-schools receive the following annual donation; - General rate including stormwater - One bin service - One standard water access charge (less any donation from Central Tablelands Water) - One standard sewer access charge and one standard user charge;
15/10/16	Carried It was noted, the time being 6.14pm Clr Gosper rejoined the meeting and resumed the chair.
	MOTION (Dean/Durkin) THAT Council write to all schools within the shire encouraging them to bring students along to attend council meetings and welcome them to invite councillors to their schools when the topic of local government is being studied for a presentation or question and answer session with sufficient lead time and questions advised in advance.
15/10/17	Carried

	ITEM - 18 SEPTEMBER QUARTERLY BUDGET REVIEW
	Proceedings in Brief It was noted that the Canowindra Swimming Club Committee and supporters have raised $1,870 which is available towards the purchase of seating at the Canowindra pool.
	MOTION (Durkin/Dean) THAT Council note the variances in this report and authorise those changes to be updated to Council’s 2015/16 budget.
15/10/18	Carried

ITEM - 19 YEOVAL ANNUAL SHOW 2016

MOTION (Dean/Culverson)

THAT Council determine to lodge a formal application for the proclamation of 19 April 2016 as a part day public holiday from 8:30am to 7:00pm for that portion of the township of Yeoval, which is in the Cabonne Council area on the occasion of the 2016 Yeoval Show.

15/10/19

Carried

ITEM - 20 REQUESTS FOR DONATIONS

MOTION (Walker/Nash)

THAT Council:

1. Authorise the Cudal Campdraft Association to redirect Council’s unspent donation towards the construction of a grandstand at the Cudal Showground.

2. Donate:

i) $500 to Molong Christmas Tree Party to assist with costs of catering.

ii) $200 to Cargo Public School to assist with the costs of their spring disco party.

iii) $100 to Clergate Public School to assist in obtaining resources.

15/10/20

Carried

	ITEM - 21 EVENTS ASSISTANCE PROGRAM FUNDING 2015/16
	Proceedings in Brief It was indicated that the Bicycle Network event was more likely to have a wider reach and greater impact on tourism than the Garlic Harvest Festival.
	MOTION (Wilcox/Dean) THAT Council: 1. Approve funding under the 2015/16 Events Assistance program (EAP) of $3,000 for the Bicycle Network. 2. Approve funding under the 2015/16 Events Assistance program of $1,000 for the Garlic Harvest Festival.
15/10/21	Carried

ITEM - 23 PLANT REPLACEMENTS

MOTION (Culverson/Hayes)

THAT Council:

1. Replace 4 Volvo haulage trucks with 3 truck and dog trailer configured haul trucks;

2. Acquire a 5,000 litre fuel truck and trailer;

3. Dispose of the Cudal based bridge carpenter’s truck; and

4. Replace Molong Town Maintenance truck.

15/10/22

Carried

ITEM - 24 CANOWINDRA PRESCHOOL CARPARK

MOTION (Durkin/Walker)

That Council:

1. Remove the existing layback and re-establish kerb and gutter to the northern side of the Canowindra Preschool Kindergarten carpark.

2. Construct a new layback on the southern side of the existing Canowindra Preschool Kindergarten Carpark.

3. Council provide a 50/50 funding assistance up to a maximum of $5,000 and that the source of funding be obtained from Council Reserves.

15/10/23

Carried

ITEM - 25 KERB AND GUTTERING AT THE MANILDRA CATHOLIC SCHOOL

MOTION (Wilcox/Nash)

THAT Council allocate $31,375 from capital reserves to upgrade the bus stop at St Joseph’s School, Loftus Street, Manildra.

15/10/24

Carried

ITEM - 26 PLANNING PROPOSAL TO AMEND CABONNE LOCAL ENVIRONMENTAL PLAN 2012 - PROPOSED REZONING OF LAND AT SUMMER HILL ESTATE, 1099 OPHIR ROAD, SUMMER HILL CREEK BEING LOT 2 DP 794456

MOTION (Culverson/MacSmith)

THAT:

1. Receive and note the Planning Proposal for the rezoning of land identified as Lot 2 DP 794456 and located within the Strategy Area 4 (SA4 – Spring Glen) 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.

15/10/25

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 as follows:

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

Against: Nil

Clr MacSmith declared a perceived conflict of interest as a significant non-pecuniary interest in item 27 due to being related to Manildra Milling Directors and left the chambers at 6.26pm

ITEM - 27 DA 2014/0092/2 MODIFICATION APPLICATION FOR INDUSTRY (ANCILLARY DEVELOPMENT - BOILER - COAL OR BIOMASS) FOR ADDTIONAL FUEL SOURCE ON LOT 1 DP 1085601, DEDERANG STREET & LOT 270 DP 821835 DEROWIE STREET, MANILDRA

MOTION (Hayes/Dean)

THAT Modification to Development Application 2014/0092/2 for Industry (Ancillary Development – Boiler – Coal or Biomass) 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.

15/10/26

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 Clr MacSmith – declared interest) as follows:

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

Against: Nil

It was noted the time being 6.28pm Clr MacSmith returned to the meeting.

ITEM - 28 DEVELOPMENT APPLICATION 2016/26 DWELLING LOT 200 DP 1147954 NANCARROW LANE, NASHDALE

MOTION (Walker/Durkin)

THAT Development Application 2016/26 for a dwelling upon lot 200 DP 1147594 Nancarrow Lane, Nashdale, be granted consent subject to the conditions attached.

15/10/27

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 as follows:

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

Against: Nil

	ITEM - 29 QUESTIONS FOR NEXT MEETING
	Proceedings in Brief Clr Hayes commented about the painting of Manildra Hall. The Director of Finance and Corporate Services made note that an increase to $28,525 was included in the Quarterly Budget Review.
	MOTION (Nash/Davison) THAT it be noted no reports were requested for the next meeting.
15/10/28	Carried

	ITEM - 30 BUSINESS PAPER ITEMS FOR NOTING
	Proceedings in Brief It was noted that Notation item 5 was called for discussion by Clr MacSmith.
	MOTION (MacSmith/Wilcox) THAT: 1. Councillors call any items they wish to further consider. 2. The balance of the items be noted.
15/10/29	Carried

ITEMS FOR NOTATION

	ITEM - 5 COMMUNITY FACILITATION FUND
	Proceedings in Brief Clr MacSmith commended council for having this fund available for urgent requirements of funding.
	MOTION (MacSmith/Walker) THAT the information be noted.
15/10/30	Carried

ITEM - 31 MATTERS OF URGENCY

MOTION (Wilcox/Durkin)

THAT it be noted that there were no matters of urgency.

15/10/31

Carried

ITEM - 32 COMMITTEE OF THE WHOLE SECTION OF THE MEETING

MOTION (Culverson/Wilcox)

THAT Council hereby resolve itself into Committee of the Whole.

15/10/32

Carried

CONFIDENTIAL ITEMS

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

RECOMMENDATION (Durkin/Wilcox)

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.

Carried

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

Recommendation (Davison/Nash)

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 22 September 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.

Carried

ITEM - 3 REFUND OF SEWER CHARGES LEVIED - ACCOUNT 294720008

Recommendation (Dean/Durkin)

THAT a refund of $594.15 for sewer charges be made, being the amount payable under the Recovery of Imposts Act 1963 and that no further sewer charges be levied on account 294720008.

Carried

Clr Culverson declared a perceived conflict of interest as a significant non-pecuniary interest in item 4 in the closed section due to one of the ratepayers listed being an employee of her business and left the chambers at 6.37pm.

ITEM - 4 DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS

Recommendation (Davison/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.

Carried

It was noted the time being 6.38pm, Clr Culverson returned to the meeting.

ITEM - 5 POSSIBLE DEED OF AGREEMENT WITH AUSTRALIAN MUSEUM

Recommendation (Wilcox/Durkin)

THAT the information be noted.

Carried

ITEM - 6 CENTROC - ENTERING INTO CONTRACTS FOR LINEMARKING SERVICES

Recommendation (Walker/Hayes)

THAT Council accept and authorise the signing under seal of the contracts with Avante Linemarking, Central West Linemarking, Complete Linemarking Services and Workforce Road Services for linemarking services.

10.

Carried

ITEM - 7 YEOVAL SEWAGE TREATMENT PLANT

Recommendation (Hayes/Wilcox)

THAT Council agree to negotiate along the terms recommended in the report and authorise the affixing of council’s seal to the transfer documents..

11.

Carried

ITEM - 8 CABONNE SEWER RELINING TENDER 2015/2016

Recommendation (Hayes/Wilcox)

THAT Council:

1. Accept the tender from Abergeldie Watertech for sewer relining of Cabonne sewer mains; and

2. Authorise the affixing of Council seal to the Contract documents.

12.

Carried

ITEM - 9 MOLONG LIMESTONE QUARRY EXPRESSION OF INTEREST

Recommendation (Dean/Davison)

THAT Council invite the six interested parties to submit detailed proposals for management options and/or lease of the Molong Limestone Quarry.

13.

Carried

ITEM - 10 SECTION 18A WEEDS NOTICES

Recommendation (Walker/Nash)

THAT the information be noted.

14.

Carried

It was noted the time being 6.41pm that the Mayor resumed the ordinary meeting.

REPORT & RESOLUTIONS OF COMMITTEE OF THE WHOLE

MOTION (Dean/Wilcox)

THAT the Report and Recommendations of the Committee of the Whole Meeting held on Tuesday 27 October, 2015 be adopted.

15/10/33

Carried

There being no further business, the meeting closed at 6.42pm.

CHAIRMAN.

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