PRESENT Clr I
Gosper (in the Chair), Clrs G Dean, M Nash, L MacSmith, M Hayes, S Wilcox, A
Durkin, G Treavors, K Walker and J Culverson.
Also present were the Acting General Manager, Acting Director of Finance &
Corporate Services, Acting Director of Engineering & Technical Services,
Director of Environmental Services, Administration Manager, Administration
Officer and Acting Economic Development Manager.
ITEMS FOR DETERMINATION
|
|
ITEM - 1 APPLICATIONS
FOR LEAVE OF ABSENCE
|
|
|
Proceedings
in Brief
An apology
was tendered on behalf of Clr Davison for his absence from the meeting.
|
|
|
MOTION (Wilcox/Durkin)
THAT the apology tendered be
accepted and the necessary leave of absence be granted.
|
|
16/10/01
|
Carried
|
|
|
ITEM - 2 DECLARATIONS OF
INTEREST
|
|
|
Proceedings
in Brief
Clr Nash
declared an interest (identified as a pecuniary interest and previously
notified as a general disclosure) in item 2 of Closed due to her son being an
employee at the Quarry.
|
|
|
MOTION (Treavors/Dean)
THAT the Declarations of
Interest be noted.
|
|
16/10/02
|
Carried
|
|
|
ITEM - 3 DECLARATIONS
FOR POLITICAL DONATIONS
|
|
|
Proceedings
in Brief
It was
noted that there were nil declarations of political donations.
|
|
|
MOTION (Wilcox/Nash)
THAT it be noted there were nil
declarations of political donations.
|
|
16/10/03
|
Carried
|
|
|
ITEM - 4 ANNUAL
FINANCIAL STATEMENTS
|
|
|
MOTION (Wilcox/Walker)
THAT the
Mayor, Deputy Mayor, Acting General Manager and Acting 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.
|
|
16/10/04
|
Carried
|
It was noted the time being 2:03pm
the Chair announced that the Council would now be resolving into a Committee of
the Whole.
|
|
PROCEDURAL ITEM - COMMITTEE OF THE WHOLE
SECTION OF THE MEETING
|
|
|
MOTION
(Durkin/Wilcox)
THAT Council hereby resolve
itself into Committee of the Whole.
|
|
16/10/05
|
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.
|
|
1.
|
Carried
|
It was noted, the time being 2:04pm
Clr Nash declared an interest (identified as a pecuniary interest) due to her
son being an employee at the quarry in the following item and left the
Chambers.
|
*
|
ITEM - 2 MOLONG
LIMESTONE QUARRY PLANT
|
|
|
Recommendation (Dean/Treavors)
THAT Council
approve the sale by auction of the plant items as outlined in the report with
reserve being set at the lower value of the price ranges given subject to
signing of the lease.
|
|
2.
|
Carried
|
It was noted, the time being
2:08pm Clr Nash rejoined the meeting.
|
|
ITEM - 3 OFFER TO
PURCHASE LOT 11 BLUEBELL ST, CANOWINDRA
|
|
|
Recommendation (Hayes/Durkin)
THAT:
1. Council
accept the offer as outlined in the report to purchase Lot 11 Bluebell St,
Canowindra;
2. Council
authorise affixing of Council’s seal to the land sale contract and
transfer documents; and
3. Council
authorise the General Manager to negotiate future land sales as outlined in
the report.
|
|
3.
|
Carried
|
It was noted the time being 2:09pm
the Chair asked all staff to leave the room to allow the Acting General Manager
and Councillors to discuss legal advice relating to the following item.
It was noted the time being 2:25pm
the Chair resumed the ordinary meeting. Staff and members of the gallery
re-entered the Chambers.
The Acting General Manager read
out the closed committee recommendations.
|
|
REPORT
& RESOLUTIONS OF COMMITTEE OF THE WHOLE
|
|
|
MOTION (Culverson/Hayes)
THAT the Report and
Recommendations of the Committee of the Whole Meeting held on Tuesday 11 October,
2016 be adopted.
|
|
16/10/06
|
Carried
|
It was noted the time being 2:26pm,
Item 5 was dealt with.
|
|
MATTER OF GREAT URGENCY - LAND &
ENVIRONMENT COURT - JUDGEMENT
|
|
|
Proceedings
in Brief
It was noted the additional
item 5 was ruled by the Chair to be a matter of great urgency and was to be
dealt with now that the agenda items were addressed.
|
|
|
MOTION (Culverson/Walker)
THAT Additional Item 5 relating
to the Land & Environment Court – Judgement be treated as a matter
of great urgency and be dealt with.
|
|
16/10/07
|
Carried
|
|
|
ADDITIONAL
ITEM - 5 LAND & ENVIRONMENT COURT -
JUDGEMENT
|
|
|
Proceedings
in Brief
In response
to a question from Clr MacSmith as to timeframes the Acting General Manager
clarified that whilst the Court allows 28 days to lodge notice of intention
to appeal, if no action is taken by Cabonne Council within 7 days the State Government
can issue a proclamation.
In response
to a question from Clr Nash as to legal costs which would result from the
recommendation the Acting General Manager advised that only the notice of
intention is to be lodged. He will not give permission to prepare an appeal
case. The Mayor added that costs will be minimal.
The Mayor stated
that he believes the Woollahra Council appeal ruling will be a significant
factor to Cabonne Council’s case with the ruling expected soon – which
he explained could be 2 days to 2 months. He added that he does not
believe an appeal should be lodged by Cabonne Council until after that ruling
is made public, if Woollahra Council are successful, but felt time was needed
to wait for the outcome. If Woollahra loses then that would be time to
stand down.
The Mayor acknowledged the
impact on the staff in waiting on a decision and noted that public opinion is
changing regarding the spending of funds on this matter. He also noted
that in relation to moneys received from the State Government in relation to
flood damage it was actually beneficial that the merger had not yet taken
place as the money was granted on a per council basis.
Clr Culverson noted that some
ratepayers wish to move forward with merger.
Clr Wilcox noted that her view
was that a lot of ratepayers want to fight to the end.
Clr Nash noted the
recommendation was only for an intention to appeal and was not binding
Council to lodge a formal appeal.
|
|
|
MOTION
Hayes/Culverson
THAT
Council set aside any appeals and notify the NSW State Government that they
will merge with Blayney Shire Council and Orange City Council.
Lost
The Chair
called for a division which resulted in a vote against the motion (noting the
absence of Clr Davison – apology) as follows:
For: Clrs
Dean, Hayes, Treavors and Culverson.
Against: Clrs Gosper, Nash,
MacSmith, Wilcox, Durkin and Walker.
MOTION (Durkin/Nash)
THAT:
1. Council lodge a Notice of Intention
to Appeal against the judgement brought down by the Land & Environment
Court against Council on 7 October 2016 and seek agreement from the State
Government not to take any further action prior to the Woollahra Council
Supreme Court appeal determination and for seven days thereafter;
2. Council seek an injunction or
interlocutory orders to stay any action should the State Government not agree
to an undertaking as requested in 1. above;
3. Should the State Government not
agree to give an undertaking as requested in 1. above, Council consider
lodging a formal appeal subject to further advice from counsel and
consideration by Council at the earliest opportunity.
An amendment was moved as
follows:
AMENDMENT (MacSmith/Hayes)
THAT:
1. Council lodge a Notice of Intention
to Appeal against the judgement brought down by the Land & Environment
Court against Council on 7 October 2016 and seek agreement from the State
Government not to take any further action prior to the Woollahra Council
Supreme Court appeal determination and for seven days thereafter;
2. Should the State Government not agree to give an
undertaking as requested in 1. above, Council not lodge a formal appeal.
The Amendment
was withdrawn.
The Motion was
put.
|
|
|
MOTION (Durkin/Nash)
THAT:
1. Council lodge a Notice of Intention
to Appeal against the judgement brought down by the Land & Environment
Court against Council on 7 October 2016 and seek agreement from the State
Government not to take any further action prior to the Woollahra Council
Supreme Court appeal determination and for seven days thereafter;
2. Council seek an injunction or
interlocutory orders to stay any action should the State Government not agree
to an undertaking as requested in 1. above;
3. Should the State Government not
agree to give an undertaking as requested in 1. above, Council consider
lodging a formal appeal subject to further advice from counsel and
consideration by Council at the earliest opportunity.
|
|
16/10/08
|
Carried
The Chair
called for a division which resulted in a vote for the motion (noting the
absence of Clr Davison – apology) as follows:
For: Clrs
Gosper, Nash, MacSmith, Wilcox, Durkin and Walker.
Against:
Clrs Dean, Hayes, Treavors and Culverson.
|
There being no further business,
the meeting closed at 2:51pm.
CHAIRMAN.
Chairman of the Ordinary Meeting
of Cabonne Council held on the 25 October, 2016 at which meeting the listed
minutes were confirmed and the signature hereon was subscribed.