MINUTES OF THE Ordinary Council Meeting HELD AT THE COUNCIL CHAMBERS MOLONG ON Tuesday 20 December, 2016
COMMENCING AT 2.00pm
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.. 2
MAYORAL MINUTE - TABLED - COURT OF
APPEAL.. 3
ITEM - 5 COMMITTEE
OF THE WHOLE.. 3
ITEM - 6 GROUPING
OF REPORT ADOPTION.. 3
ITEM - 9 VILLAGE
ENHANCEMENT RESERVE.. 4
ITEM - 7 CONFIRMATION
OF THE MINUTES.. 4
ITEM - 8 AUSTRALIA
DAY AWARDS COMMITTEE MEETING.. 4
ITEM - 10 ITEM 4 CONFIDENTIAL - 22
NOVEMBER 2016 ORDINARY COUNCIL MEETING 4
ITEM - 11 2016 NATIONAL LOCAL
ROADS AND TRANSPORT CONGRESS 5
ITEM - 12 NOVEMBER 2016 LOCAL
TRAFFIC COMMITTEE.. 5
ITEM - 13 DECEMBER 2016 LOCAL
TRAFFIC COMMITTEE.. 5
ITEM - 14 COUNCIL'S POLICY
REGISTER - AMENDMENT OF "Hire of Items - Molong Cudal Community Centres
and s355 Operated Halls Policy". 5
ITEM - 16 LOCAL GOVERNMENT
REMUNERATION TRIBUNAL - REVIEW FOR THE 2017 ANNUAL DETERMINATION.. 5
ITEM - 17 REQUESTS FOR DONATIONS.. 6
ITEM - 18 HIDDEN TREASURES HONOUR
ROLL 2016. 6
ITEM - 19 ADDITIONAL BACKLOG
PROJECTS FOR 2016/2017. 6
ITEM - 20 PURCHASE OF OUTREACH
MOWER ATTACHMENTS.. 6
ITEM - 21 DEVELOPMENT APPLICATION
2017/0055 FOR FARM STAY ACCOMMODATION UPON LOT 100 DP 1122908 BEING 299
NANCARROW LANE, NASHDALE. 7
ITEM - 22 DEVELOPMENT APPLICATION
2017/0012 TWO LOT SUBDIVISION (BOUNDARY ADJUSTMENT), LOT 263 DP 750162 AND LOT
1 DP 1114093, ORANGE ROAD, MANILDRA.. 8
ITEM - 24 DEVELOPMENT APPLICATION
2017/0031 FOUR LOT RURAL SUBDIVISION OF LOTS 35 & 47 DP 750389 AND LOTS 102
& 103 IN DP 1005154, 521 GOWAN ROAD, GOWAN.. 8
ITEM - 25 PLANNING PROPOSAL -
REZONING OF FORMER CWA HALL, HILL STREET, MOLONG AND INCLUSION OF RURAL
BOUNDARY ADJUSTMENT CLAUSE TO CABONNE LEP 2012. 9
ITEM - 26 PLANNING PROPOSAL
PREPARED BY ORANGE CITY COUNCIL TO AMEND ORANGE LOCAL ENVIRONMENTAL PLAN 2011 -
AIRPORT ESTATE AT SPRING HILL.. 9
ITEM - 27 DRAFT CONTAMINATED LAND
POLICY.. 10
ITEM - 28 QUESTIONS FOR NEXT
MEETING.. 11
ITEM - 29 BUSINESS PAPER ITEMS FOR
NOTING.. 11
ITEMS FOR NOTATION.. 11
ITEM - 12 ENGINEERING AND
TECHNICAL SERVICES UPDATE REPORT.. 11
ITEM - 30 MATTERS OF URGENCY.. 12
ITEM - 31 COMMITTEE OF THE WHOLE
SECTION OF THE MEETING.. 12
ITEM - 15 ORANA HOUSE (LOT 126 DP
1105484 FERGUSON STREET, CANOWINDRA), FORMER COURT HOUSE (LOT 321 DP 820931
GASKILL STREET, CANOWINDRA AND 70 GASKILL STREET, CANOWINDRA (LOT 1 DP 108962) 12
ITEM - 23 DEVELOPMENT APPLICATION
2016/0128 FOR PROPOSED OPEN CUT MINE (LIMESTONE MINE) AND ANCILLARY PROCESSING
- PROPOSED LOTS 100 & 101 IN SUBDIVISION OF LOT 2 DP 590034, LOT 136 DP
664861 AND LOT 137 DP 652082, BEING LAND KNOWN AS 115 CANOMODINE LANE,
CANOWINDRA. 13
ITEM - 32 COURT OF APPEAL.. 14
ITEM - 33 COUNCIL POOLS.. 14
ITEM - 34 TENDER - CONSULTANCY
SERVICES FOR LONG POINT ROAD UPGRADE CROSSING OF THE MACQUARIE RIVER
FEASIBILITY STUDY.. 15
CONFIDENTIAL ITEMS.. 15
ITEM - 1 CARRYING
OF COUNCIL RESOLUTION INTO CLOSED COMMITTEE OF THE WHOLE MEETING.. 15
ITEM - 2 ENDORSEMENT
OF PROCEEDINGS OF CONFIDENTIAL MATTERS CONSIDERED AT COMMITTEE OF THE WHOLE
MEETING.. 16
ITEM - 3 DEBT
RECOVERY REPORT OF OUTSTANDING DEBTS.. 16
ITEM - 4 WATER
ACCOUNT 4228000008 REQUEST FOR CONSIDERATION OF COSTS 16
ITEM - 5 WATER
ACCOUNT 4227000009 REQUEST FOR CONSIDERATION OF COSTS 16
ITEM - 6 CANOWINDRA
RETIREMENT VILLAGE.. 17
ITEM - 7 MOLONG
LIMESTONE QUARRY.. 17
ITEM - 8 CANOWINDRA
CARAVAN PARK MANAGEMENT.. 18
ITEM - 9 COURT
OF APPEAL - LEGAL ADVICE.. 18
REPORT & RESOLUTIONS OF COMMITTEE
OF THE WHOLE.. 19
PRESENT Clr I
Gosper (in the Chair), Clrs G Dean, M Nash, L MacSmith, M Hayes (arrived 2:03pm),
S Wilcox, A Durkin, G Treavors, K Walker, I Davison and J Culverson.
Also present were the Acting General Manager, Acting Director of Engineering
& Technical Services, Director of Environmental Services, Administration
Manager and Administration Officer.
ITEMS FOR DETERMINATION
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ITEM - 1 APPLICATIONS
FOR LEAVE OF ABSENCE
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Proceedings
in Brief
It was
noted there were nil applications for leave of absence. The temporary
absence of Clr Hayes was noted.
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MOTION (Wilcox/Davison)
THAT it be noted there were nil
applications for leave of absence.
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16/12/01
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Carried
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ITEM - 2 DECLARATIONS OF
INTEREST
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Proceedings
in Brief
Clr Nash
declared an interest (identified as a pecuniary interest and previously
notified as a general disclosure) in item 7 of Closed due to her son being an
employee at the Quarry.
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MOTION (Culverson/Wilcox)
THAT the Declarations of
Interest be noted.
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16/12/02
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Carried
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ITEM - 3 DECLARATIONS
FOR POLITICAL DONATIONS
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Proceedings
in Brief
It was noted that there were
nil declarations of political donations.
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MOTION (Dean/Nash)
THAT it be noted there were nil
declarations of political donations.
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16/12/03
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Carried
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It was noted the time being
2:02pm a presentation was made to Audrey Meehan in recognition of being awarded
the Daroo Employee of the Year.
It was noted, the time being
2:03pm Clr Hayes joined the meeting.
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ITEM - 4 MAYORAL MINUTE
- APPOINTMENTS
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Proceedings in
Brief
Mayor Ian Gosper
• 23/11/16
and 24/11/16 Attended the CENTROC Board meeting with the Acting General
Manager at Parliament House in Canberra
• 25/11/16
Attended the office for a meeting with the Borenore Australia National Field
Days Committee and staff
• 25/11/16
Attended a meeting with the Deputy Premier John Barilaro along with the
Deputy Mayor and the Acting General Manager
• 25/11/16
Attended the Cabonne Council first ever White Ribbon Day March and ceremony
to speak out about domestic violence against women and children in Canowindra
• 30/11/16
Attended the office for a meeting with the Acting General Manager
• 30/11/16
Attended a meeting in Orange regarding the Canowindra Aged Care Units
• 30/11/16
Attended Cabonne’s Governance Risk Management Business Improvement
Committee meeting in Blayney
• 1/12/16
Attended the office for a meeting with Cabonne residents
• 5/12/16
Attended a meeting in West Wyalong regarding the Newell Highway Future Flood
Proofing for the benefit of the whole region along with the Acting Director
of Engineering & Technical Services.
• 6/12/16
Attended four site visits and a Councillor Workshop in Canowindra
• 7/12/16
Attended the Yeoval Central School Presentation Night
• 8/12/16
Attended the Molong Advancement Group monthly meeting
• 9/12/16
Attended the office for a meeting with the Acting General Manager
• 9/12/16
Attended the Cabonne Council Office Christmas Party
• 9/12/16
Attended the Carols on the Green in Molong
• 12/12/16
Attended the Molong Central School Presentation Night
• 14/12/16
Attended the Office for a meeting with the Acting General Manager
• 16/12/16
Attended the Office for a meeting with the Acting General Manager
• 16/12/16
Attended the Molong Central School for the Bronte Chown Head Shave for Cancer
Care and the Leukaemia Foundation along with the Federal Member for Calare,
Andrew Gee
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MOTION (Gosper/-)
THAT the information contained
in the Mayoral Minute be noted.
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16/12/04
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Carried
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MAYORAL MINUTE - TABLED - COURT OF APPEAL
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Proceedings
in Brief
It was noted this item was
considered in conjunction with item 32. The Mayor noted the item 32 report
was sent to all councillors as well as a late report, item 9 in confidential,
being legal advice from Mr King and further advice from Mr King had been
emailed to councillors on 19 December 2016.
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MOTION (Gosper/Durkin)
THAT Council:
1.
Lodge an appeal in the NSW Supreme Court of
Appeal in relation to the merger proposal.
2.
Vote an amount of up to $60,000 from the
Strategic Capacity Projects vote for future legal expenses in this case.
3.
Resolve that the expenditure is required and
warranted to enable Council to exercise its legitimate right to Appeal.
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16/12/05
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Carried
It was noted Clrs MacSmith, Hayes and Culverson requested their
votes against the motion be recorded.
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ITEM - 5 COMMITTEE OF
THE WHOLE
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Proceedings
in Brief
Clr Dean
called items 15 and 23 for debate in Committee of the Whole.
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MOTION (Wilcox/Nash)
THAT called
items be debated in Committee of the Whole.
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16/12/06
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Carried
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ITEM - 6 GROUPING OF
REPORT ADOPTION
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Proceedings
in Brief
Clr Dean called
item 9.
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MOTION (Davison/Dean)
THAT:
1. The
called item be further considered.
2. Items
7, 8 and 10 to 13 be moved and seconded.
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16/12/07
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Carried
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ITEM -
9 VILLAGE ENHANCEMENT RESERVE
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Proceedings
in Brief
Clr Dean
requested that a workshop be held in February to discuss allocation of the
funds.
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MOTION (Dean/Wilcox)
THAT Council:
1.
Resolve to transfer $700,000 to the Village
Enhancement Reserve from the Plant Reserve.
2.
Hold a workshop in February 2017 to discuss
allocation of funds.
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16/12/08
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Carried
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ITEM - 8 AUSTRALIA DAY
AWARDS COMMITTEE MEETING
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MOTION (Davison/Dean)
THAT the report and
recommendations of the Australia Day Awards Committee Meeting of Cabonne
Council held on 22 November, 2016 be adopted.
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16/12/10
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Carried
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ITEM - 10 ITEM 4 CONFIDENTIAL - 22
NOVEMBER 2016 ORDINARY COUNCIL MEETING
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MOTION (Davison/Dean)
THAT:
1. Council
approve the write-off of charges as detailed in the confidential report to
Council on 22 November 2016; and
2. Resolve
that the expenditure is required and warranted to enable the matter to be
finalised.
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16/12/11
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Carried
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ITEM - 11 2016 NATIONAL LOCAL ROADS AND
TRANSPORT CONGRESS
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MOTION (Davison/Dean)
THAT Council continue
to support the National Local Roads and Transport Congress.
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16/12/12
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Carried
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ITEM - 12 NOVEMBER 2016 LOCAL TRAFFIC
COMMITTEE
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MOTION (Davison/Dean)
THAT Council
ratify the recommendations of the Local Traffic Committee meeting held 24
November 2016.
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16/12/13
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Carried
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ITEM - 13 DECEMBER 2016 LOCAL TRAFFIC
COMMITTEE
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MOTION (Davison/Dean)
THAT Council
ratify the recommendations of the Local Traffic Committee of December 2016.
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16/12/14
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Carried
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ITEM - 14 COUNCIL'S POLICY REGISTER -
AMENDMENT OF "Hire of Items - Molong Cudal Community Centres and s355
Operated Halls Policy"
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MOTION (Walker/Nash)
THAT the “Hire of Items - Molong Cudal Community
Centres and s355 Operated Halls Policy” be amended to permit the hire
of items for events of significance such as Anzac Day or Australia Day.
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16/12/15
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Carried
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It was noted item 15 was to be
debated in the Committee Of the Whole.
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ITEM - 16 LOCAL GOVERNMENT REMUNERATION
TRIBUNAL - REVIEW FOR THE 2017 ANNUAL DETERMINATION
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Proceedings
in Brief
The Mayor
suggested that in view of current merger activity that no submission should
be made.
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MOTION (Gosper/Davison)
THAT Council
not make a submission to the Local Government Remuneration Tribunal.
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16/12/16
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Carried
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ITEM - 17 REQUESTS FOR DONATIONS
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MOTION (Walker/Treavors)
THAT Council donate:
1. $300
to the CWA Public Speaking Competition to be held in May 2017; and
2. $300
to the Leukemia Foundation to add to Bronte Chown’s fundraising
efforts.
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16/12/17
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Carried
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ITEM - 18 HIDDEN TREASURES HONOUR ROLL
2016
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MOTION (Culverson/MacSmith)
THAT Council
congratulate Marion Gosper OAM, Glenda Gibson and Jenny Middleton for being
included in the NSW Government’s Hidden Treasures Honour Roll for 2016
and thank them for their contribution to their communities and Cabonne Shire
in general.
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16/12/18
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Carried
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ITEM - 19 ADDITIONAL BACKLOG PROJECTS FOR
2016/2017
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MOTION (Wilcox/Walker)
THAT Council:
1. Approve
the additional projects as listed in the report to be included in the Heavy
Patching and Backlog Programs for 2016/2017;
2. Advertise
the proposed expenditure; and
3. Resolve
that the expenditure is required and warranted to enable council’s
heavy patching and backlog programs to be completed.
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16/12/19
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Carried
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ITEM - 20 PURCHASE OF OUTREACH MOWER
ATTACHMENTS
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MOTION (Wilcox/Nash)
THAT Council:
1. Approve the expenditure for purchase of two (2)
power arm outreach mower attachments 6.4m and length 1500mm width cut for
$140,000 from the Plant Reserve fund.
2. Resolve that the expenditure is required and
warranted to enable vegetation to be continually controlled on
council’s road network.
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16/12/20
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Carried
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ITEM - 21 DEVELOPMENT APPLICATION
2017/0055 FOR FARM STAY ACCOMMODATION UPON LOT 100 DP 1122908 BEING 299
NANCARROW LANE, NASHDALE.
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Proceedings
in Brief
Clr Hayes suggested
that the Council at some stage look at making it easier for property owners
with existing infrastructure to utilise same from a tourism / economic
development perspective. It was suggested that the matter be discussed
at the February workshop and that this item was deferred until after the
workshop.
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MOTION (Wilcox/Nash)
THAT:
1. Development
Application 2017/0055 for farm stay/bed and breakfast accommodation upon Lot
100 DP 1122908 being 299 Nancarrow Lane, Nashdale be refused as the use is
not consistent with the approved purpose of the allotment as a rural
industry; and
2. The
applicant and landowner be advised that condition 6 of the development
consent for DA 2007/161 prohibits the use of the subject building for any
form of residential use.
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AMENDMENT (Hayes/Davison)
THAT the item
be deferred until after the February workshop.
The amendment
was put and carried becoming the motion.
The motion was
put and 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 Dean, MacSmith, Hayes, Treavors, Walker, Davison and Culverson.
Against:
Clrs Gosper, Nash, Wilcox and Durkin.
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MOTION (Hayes/Davison)
THAT the item
be deferred until after the February workshop.
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16/12/21
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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 Dean, MacSmith, Hayes,
Treavors, Walker, Davison and Culverson.
Against: Clrs Gosper, Nash,
Wilcox and Durkin.
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ITEM -
22 DEVELOPMENT APPLICATION 2017/0012 TWO LOT SUBDIVISION (BOUNDARY
ADJUSTMENT), LOT 263 DP 750162 AND LOT 1 DP 1114093, ORANGE ROAD, MANILDRA
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Proceedings
in Brief
In
discussion it was noted the RMS had not accepted the proposed vehicular
access and requested an amendment. Despite repeated requests the
proponent had not put forward an amendment and approval by the council is not
possible without RMS concurrence.
The
Director of Environmental Services advised that refusal in this instance did
not prevent a further application in the future however, the development
application could not sit in abeyance indefinitely.
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MOTION (Wilcox/Nash)
THAT Development
Application 2017/0012 for a two (2) lot subdivision (boundary adjustment) of
Lot 263 DP 750162 and Lot 1 DP 1114093, Orange Road, Manildra be refused as
the development is inconsistent with clause 5.10 and clause 6.8 of the
Cabonne Local Environmental Plan 2012.
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16/12/22
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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 Gosper, Dean, Nash,
MacSmith, Hayes, Wilcox, Durkin, Treavors, Walker, Davison and Culverson.
Against: Nil.
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It was noted item 23 was to be
debated in the Committee of the Whole.
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ITEM -
24 DEVELOPMENT APPLICATION 2017/0031 FOUR LOT RURAL SUBDIVISION OF LOTS 35
& 47 DP 750389 AND LOTS 102 & 103 IN DP 1005154, 521 GOWAN ROAD,
GOWAN
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Proceedings
in Brief
The Mayor
noted the proponent was in attendance should councillors have any questions.
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MOTION (Wilcox/Davison)
THAT Development
Application 2017/0031 for a four lot rural subdivision of land described as
Lots 35 & 47 in DP 750389 and Lots 102 & 103 in DP 1005154, known as
521 Gowan Road, Gowan, be granted consent subject to the conditions attached.
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16/12/23
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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 Gosper, Dean, Nash, MacSmith, Hayes, Wilcox, Durkin, Treavors, Walker,
Davison and Culverson.
Against:
Nil.
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ITEM - 25 PLANNING PROPOSAL - REZONING OF
FORMER CWA HALL, HILL STREET, MOLONG AND INCLUSION OF RURAL BOUNDARY
ADJUSTMENT CLAUSE TO CABONNE LEP 2012.
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MOTION (Wilcox/Nash)
THAT pursuant
to section 59 of the Environmental Planning & Assessment Act 1979,
council forward the Planning Proposal to the Department of Planning and
Infrastructure for the Minister to make a Local Environmental Plan to:
1. Rezone
Lot 272 DP 750170 and an adjoining road reserve, Hill Street, Molong from R1
General Residential to B2 Local Centre, and
2. Include
an additional clause into the Cabonne LEP 2012 to address boundary
adjustments upon rural land where such land is less than the minimum lot size.
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16/12/24
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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 Gosper, Dean, Nash, MacSmith, Hayes, Wilcox, Durkin, Treavors, Walker,
Davison and Culverson.
Against:
Nil.
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ITEM - 26 PLANNING PROPOSAL PREPARED BY
ORANGE CITY COUNCIL TO AMEND ORANGE LOCAL ENVIRONMENTAL PLAN 2011 - AIRPORT
ESTATE AT SPRING HILL
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Proceedings
in Brief
The Mayor
noted members of the Spring Hill Consultative Committee were present.
The Mayor
advised that at the Blayney Shire Council meeting the previous day a motion
was passed to provide funding of $50,000 towards the cost of review of the
Sub-Regional Strategy.
The Acting
General Manager reminded councillors of the need to consider the s23A
guidelines for councils during a merger proposal period.
It was
noted the expenditure was required and warranted to undertake a joint study
between the 3 areas.
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MOTION (Wilcox/Durkin)
THAT Council:
1.
Reaffirm its resolution of its meeting held on
26 April 2016, that it “Advise Orange City Council and the Department of Planning and
Environment that it does not support the ‘Orange City Council Rural and
Industrial Sub-Regional Strategy Section 16 Review and update’
document; and would support a review of the ‘Councils of Blayney,
Cabonne and Orange City Sub-Regional Rural and Industrial Lands Use Strategy,
July 2008’ in its entirety, with such review to be undertaken prior to
the Department of Planning and Environment’s Gateway determination of
the Spring Hill Airport rezoning Planning Proposal, or any other sub regional
planning proposal that is not in accordance with the current endorsed sub
regional rural and industrial land use strategy”.
2.
Undertake to provide funding of $50,000 to
jointly review the “Councils of Blayney, Cabonne and Orange City
Sub-Regional Rural and Industrial Lands Use Strategy, July 2008” in its
entirety.
3.
Resolve that the expenditure is required and
warranted to undertake a joint study between the 3 areas.
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16/12/25
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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
Gosper, Dean, Nash, MacSmith, Hayes, Wilcox, Durkin, Treavors, Walker,
Davison and Culverson.
Against: Nil.
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ITEM - 27 DRAFT CONTAMINATED LAND POLICY
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MOTION (Wilcox/Davison)
THAT the draft
Contaminated Land Policy be placed on public exhibition.
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16/12/26
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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
Gosper, Dean, Nash, MacSmith, Hayes, Wilcox, Durkin, Treavors, Walker,
Davison and Culverson.
Against: Nil.
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ITEM - 28 QUESTIONS FOR NEXT MEETING
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Proceedings
in Brief
It was
noted there were nil reports requested for the next Council meeting.
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MOTION (Nash/MacSmith)
THAT it be noted there were nil reports requested for the
next Council meeting.
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16/12/27
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Carried
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ITEM - 29 BUSINESS PAPER ITEMS FOR NOTING
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Proceedings
in Brief
Clr Dean
called item 12
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MOTION (Wilcox/Dean)
THAT:
1. Called
items be further considered.
2. The
balance of the items be noted.
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16/12/28
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Carried
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ITEMS FOR NOTATION
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ITEM -
12 ENGINEERING AND TECHNICAL SERVICES UPDATE REPORT
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Proceedings
in Brief
In response
to a question from Clr Dean relating to an amount of $465,000 for an Ophir
Road upgrade on page 331 seeking clarification whether the amount is now
$246,000 the Acting Director of Environmental & Technical Services
advised he would have to take the question on notice, and provide a response
by email to all councillors.
Clr Dean also
referred to page 333, and requested that it be noted that Council had
assisted Orana House by providing electricity.
The Acting General
Manager noted the councillor was actually referring to item 4 relating to the
resolutions register.
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MOTION (Dean/Wilcox)
THAT the information be noted.
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16/12/29
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Carried
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ITEM -
30 MATTERS OF URGENCY
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Proceedings
in Brief
The Mayor
ruled the matter raised by Clr Davison wherein he requested a report to the
next council meeting relating to making a submission on Stage 3 of the Local Government
Act review was not a matter of urgency.
It was
noted that there were nil matters of urgency raised.
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MOTION (Wilcox/Durkin)
THAT it be
noted there were nil matters of urgency raised.
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16/12/30
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Carried
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ITEM - 31 COMMITTEE OF THE WHOLE SECTION
OF THE MEETING
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Proceedings
in Brief
It was
noted items 15 and 23 had been called for debate.
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MOTION (Wilcox/Treavors)
THAT Council
hereby resolve itself into Committee of the Whole to discuss matters called
earlier in the meeting.
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16/12/31
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Carried
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ITEM -
15 ORANA HOUSE (LOT 126 DP 1105484 FERGUSON STREET, CANOWINDRA), FORMER COURT
HOUSE (LOT 321 DP 820931 GASKILL STREET, CANOWINDRA AND 70 GASKILL STREET,
CANOWINDRA (LOT 1 DP 108962)
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Recommendation (Walker/Nash)
THAT Council:
1. Advertise
its intention to sell Lot 126 DP 1105484, Ferguson Street, Canowindra, known
as Orana House;
2. Agree
to the sale of Lot 126 DP 1105484, Ferguson Street, Canowindra, known as
Orana House, subject to any submissions received;
3. Negotiate
if possible the return of the Lot 321 DP 820931, Gaskill Street, Canowindra,
known as the former Court House, Canowindra to the Crown;
4. Engage
a suitably qualified consultant to draft designs for the entire building on
Lot 1 DP 108962, 70 Gaskill Street, Canowindra, known as the HACC Office,
Library and 70A Gaskill Street, Canowindra; and
5. Fund
the design from the current budget allocation.
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1.
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Carried
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ITEM -
23 DEVELOPMENT APPLICATION 2016/0128 FOR PROPOSED OPEN CUT MINE (LIMESTONE
MINE) AND ANCILLARY PROCESSING - PROPOSED LOTS 100 & 101 IN SUBDIVISION
OF LOT 2 DP 590034, LOT 136 DP 664861 AND LOT 137 DP 652082, BEING LAND KNOWN
AS 115 CANOMODINE LANE, CANOWINDRA.
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Proceedings
in Brief
In response
to a question from Clr Dean, as to whether a self-regulated 80km/h speed
limit on the road could be included in the Development Approval the Director
of Environmental Services advised that an advisory note could be added.
The Mayor
noted a modification request to allow mining material for road construction
purposes. The mover and seconder agreed to amend the motion to allow
same.
In response
to a request to address Council by the applicant the Acting General Manager
advised that in relation to addressing Council about development applications
if a proponent addresses council then objectors need to have same
opportunity. The Mayor refused the request to address the Council
as the opportunity had been previously had.
In response
to a question from Clr Hayes the Acting Director of Engineering &
Technical Services advised that the Amaroo Road seal width is mostly 7metres.
In response
to a proposal from Clr Culverson for the 10 metres seal requirement to be
made 8 metres the mover and seconder agreed to amend the motion.
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Recommendation (Dean/Durkin)
THAT Development
Application 2016/0128 for an open cut mine (limestone mine) and ancillary
processing upon land describes as proposed Lots 100 & 101 in a
subdivision of Lot 2 DP 590034, Lots 136 DP 664861 and Lot 137 DP
652082, known as 115 Canomodine Lane, Canowindra, be granted consent subject
to the conditions attached with the following amendments.
1. Amending draft condition 28 to delete “any on site mining
construction activities commencing” and replace with
“transporting any products from the mine site, with the exception of
those required for road upgrade purposes identified in this approval”.
2. Amend draft condition 20 to require an 8 metres seal width on a 10
metres formation.
3. Inclusion of an advisory note reflecting the proponent’s
commitment to enabling the mine to implement a self-regulating 80km zone in
the vicinity of mine.
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2.
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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
Gosper, Dean, Nash, MacSmith, Hayes, Wilcox, Durkin, Treavors, Walker,
Davison and Culverson.
Against: Nil.
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ITEM - 32 COURT OF APPEAL
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Proceedings
in Brief
This item
was dealt with in conjunction with the tabled Mayoral Minute.
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Recommendation (Wilcox/Walker)
THAT the
information be noted.
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3.
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Carried
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ITEM - 33 COUNCIL POOLS
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Proceedings
in Brief
In response
to a question from Clr Nash as to whether a council representative could be
placed on each s355 committee at each Annual General Meeting the Acting
General Manager advised that the measures proposed with the lifeguards were a
stop gap in place for the current season following the audit findings –
more measures are to follow in the future. Clr Dean clarified that the
councillors were referring to looking at the functions of all s355 committees
not just pool committees.
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Recommendation (Dean/Nash)
THAT Council:
1. Implement
the recommendations from the audit conducted on Council’s swimming
pools that are under the care, control and management of Section 355
Committees;
2. Approve
expenditure of $88,000 to employ qualified pool attendants at Council’s
Cumnock, Yeoval, Manildra, Cudal and Eugowra swimming pools;
3. Fund
the expenditure of $88,000 from the Recreation & Culture Reserve; and
4. Resolve
the expenditure is required and warranted to enable Council’s swimming
pools to be operational to a safe standard.
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4.
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Carried
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ITEM - 34 TENDER - CONSULTANCY SERVICES
FOR LONG POINT ROAD UPGRADE CROSSING OF THE MACQUARIE RIVER FEASIBILITY STUDY
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Proceedings
in Brief
The Mayor noted this was a late
report and had been forwarded to all councillors.
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Recommendation (Walker/Davison)
THAT
Council authorise the signing and affixing of the Common Seal to the contract
instrument of agreement between Cabonne Council and GHD Pty Ltd.
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5.
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Carried
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It was noted the time being 3:09pm
the Chair announced that the Council would now be resolving into a Closed
Committee of the Whole.
CONFIDENTIAL ITEMS
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ITEM - 1 CARRYING OF
COUNCIL RESOLUTION INTO CLOSED COMMITTEE OF THE WHOLE MEETING
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Recommendation (Davison/Walker)
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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6.
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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 (Davison/Walker)
THAT the Committee endorse the
accuracy of the Report of the Proceedings of Confidential Matters at the
Closed Australia Day Committee meeting held on 22 November 2016 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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7.
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Carried
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ITEM - 3 DEBT RECOVERY REPORT
OF OUTSTANDING DEBTS
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Recommendation (Hayes/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.
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8.
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Carried
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*
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ITEM - 4 WATER ACCOUNT
4228000008 REQUEST FOR CONSIDERATION OF COSTS
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Recommendation (Gosper/Davison)
THAT Council reduce the level
of charges to the first level of charges for consumption charges from account
4228000008.
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9.
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Carried
It was noted
Clr Culverson requested her vote against the motion be recorded.
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*
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ITEM - 5 WATER ACCOUNT
4227000009 REQUEST FOR CONSIDERATION OF COSTS
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Recommendation (Gosper/Davison)
THAT Council reduce the level
of charges to the first level of charges for consumption charges from account
4227000009.
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10.
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Carried
It was noted
Clrs Culverson and Durkin requested their vote against the motion be
recorded.
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*
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ITEM - 6 CANOWINDRA
RETIREMENT VILLAGE
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Recommendation (Walker/MacSmith)
THAT Council:
1. Agree to purchase lots 1 & 2 DP
1124922 Corner Mill & Blatchford Streets, Canowindra in full settlement
of the outstanding loan.
2. Authorise the common seal to be
affixed to the transfer documents.
3. Advertise for expressions of
interest for a provider to enter into a partnership with Council as outlined
in the report.
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11.
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Carried
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It was noted, the time being
3:14pm Clr Nash declared an interest in the following item due to her son being
employed at the Quarry and left the Chambers.
*
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ITEM - 7 MOLONG
LIMESTONE QUARRY
|
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Recommendation (Walker/Gosper)
THAT Council
approve the $8,000 settlement from the existing budget.
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12.
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Carried
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It was noted, the time being
3:20pm Clr Nash rejoined the meeting.
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ITEM - 8 CANOWINDRA
CARAVAN PARK MANAGEMENT
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Recommendation (Durkin/Wilcox)
THAT Council:
1. Accept the tender from Ian Guihot for the management of
the Canowindra Caravan Park; and
2. Affix the common seal to the contract document.
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13.
|
Carried
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*
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ITEM - 9 COURT OF APPEAL
- LEGAL ADVICE
|
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Recommendation (Wilcox/Nash)
THAT the
information be noted.
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14.
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Carried
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It was noted the time being 3:37pm
the Chair resumed the ordinary meeting.
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REPORT
& RESOLUTIONS OF COMMITTEE OF THE WHOLE
|
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MOTION (Wilcox/Treavors)
THAT the Report and
Recommendations of the Committee of the Whole Meeting held on Tuesday 20
December, 2016 be adopted.
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16/12/32
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Carried
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There being no further business,
the meeting closed at 3:37pm.
CHAIRMAN.
Chairman of the Ordinary Meeting
of Cabonne Council held on the 28 February, 2017 at which meeting the listed
minutes were confirmed and the signature hereon was subscribed.