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

 

 

ITEM - 1    APPLICATIONS FOR LEAVE OF ABSENCE

 

Proceedings in Brief

It was noted there were nil applications for leave of absence.  The temporary absence of Clr Hayes was noted.

 

MOTION (Wilcox/Davison)

 

THAT it be noted there were nil applications for leave of absence.

 

16/12/01

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 7 of Closed due to her son being an employee at the Quarry.

 

MOTION (Culverson/Wilcox)

 

THAT the Declarations of Interest be noted.

 

16/12/02

Carried

 

 

ITEM - 3    DECLARATIONS FOR POLITICAL DONATIONS

 

Proceedings in Brief

It was noted that there were nil declarations of political donations.

 

 

MOTION (Dean/Nash)

 

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

 

16/12/03

Carried

 

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.

 

 

ITEM - 4    MAYORAL MINUTE - APPOINTMENTS

 

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

 

MOTION (Gosper/-)

 

THAT the information contained in the Mayoral Minute be noted.

 

16/12/04

Carried

 

 

MAYORAL MINUTE - TABLED - COURT OF APPEAL

 

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.

 

 

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.

16/12/05

Carried

It was noted Clrs MacSmith, Hayes and Culverson requested their votes against the motion be recorded.

 

 

 

ITEM - 5    COMMITTEE OF THE WHOLE

 

Proceedings in Brief

Clr Dean called items 15 and 23 for debate in Committee of the Whole.

 

MOTION (Wilcox/Nash)

 

THAT called items be debated in Committee of the Whole.

 

16/12/06

Carried

 

 

ITEM - 6    GROUPING OF REPORT ADOPTION

 

Proceedings in Brief

Clr Dean called item 9.

 

MOTION (Davison/Dean)

 

THAT:

1.   The called item be further considered.

2.   Items 7, 8 and 10 to 13 be moved and seconded.

16/12/07

Carried

 

 

ITEM - 9    VILLAGE ENHANCEMENT RESERVE

 

Proceedings in Brief

Clr Dean requested that a workshop be held in February to discuss allocation of the funds.

 

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.

16/12/08

Carried

 

 

ITEM - 7    CONFIRMATION OF THE MINUTES

 

MOTION (Davison/Dean)

 

THAT the minutes of the Ordinary meeting held 22 November 2016 be adopted.

 

16/12/09

Carried

 

 

ITEM - 8    AUSTRALIA DAY AWARDS COMMITTEE MEETING

 

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.

 

16/12/10

Carried

 

 

ITEM - 10 ITEM 4 CONFIDENTIAL - 22 NOVEMBER 2016 ORDINARY COUNCIL MEETING

 

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.

16/12/11

Carried

 

 

ITEM - 11 2016 NATIONAL LOCAL ROADS AND TRANSPORT CONGRESS

 

MOTION (Davison/Dean)

 

THAT Council continue to support the National Local Roads and Transport Congress.

 

16/12/12

Carried

 

 

ITEM - 12 NOVEMBER 2016 LOCAL TRAFFIC COMMITTEE

 

MOTION (Davison/Dean)

 

THAT Council ratify the recommendations of the Local Traffic Committee meeting held 24 November 2016.

 

16/12/13

Carried

 

 

ITEM - 13 DECEMBER 2016 LOCAL TRAFFIC COMMITTEE

 

MOTION (Davison/Dean)

 

THAT Council ratify the recommendations of the Local Traffic Committee of December 2016.

 

16/12/14

Carried

 

 

ITEM - 14 COUNCIL'S POLICY REGISTER - AMENDMENT OF "Hire of Items - Molong Cudal Community Centres and s355 Operated Halls Policy"

 

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.

16/12/15

Carried

 

It was noted item 15 was to be debated in the Committee Of the Whole.

 

 

ITEM - 16 LOCAL GOVERNMENT REMUNERATION TRIBUNAL - REVIEW FOR THE 2017 ANNUAL DETERMINATION

 

Proceedings in Brief

The Mayor suggested that in view of current merger activity that no submission should be made. 

 

MOTION (Gosper/Davison)

 

THAT Council not make a submission to the Local Government Remuneration Tribunal.

 

16/12/16

Carried

 

 

ITEM - 17 REQUESTS FOR DONATIONS

 

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.

16/12/17

Carried

 

 

ITEM - 18 HIDDEN TREASURES HONOUR ROLL 2016

 

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.

 

16/12/18

Carried

 

 

ITEM - 19 ADDITIONAL BACKLOG PROJECTS FOR 2016/2017

 

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.

16/12/19

Carried

 

 

ITEM - 20 PURCHASE OF OUTREACH MOWER ATTACHMENTS

 

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.

16/12/20

Carried

 

 

ITEM - 21 DEVELOPMENT APPLICATION 2017/0055 FOR FARM STAY ACCOMMODATION UPON LOT 100 DP 1122908 BEING 299 NANCARROW LANE, NASHDALE.

 

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.

 

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.

 

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.

 

 

MOTION (Hayes/Davison)

 

THAT the item be deferred until after the February workshop.

 

16/12/21

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.

 

 

 

 

ITEM - 22 DEVELOPMENT APPLICATION 2017/0012 TWO LOT SUBDIVISION (BOUNDARY ADJUSTMENT), LOT 263 DP 750162 AND LOT 1 DP 1114093, ORANGE ROAD, MANILDRA

 

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.

 

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.

 

16/12/22

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.

 

It was noted item 23 was to be debated in the Committee of the Whole.

 

 

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

 

Proceedings in Brief

The Mayor noted the proponent was in attendance should councillors have any questions.

 

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.

 

16/12/23

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.

 

 

 

ITEM - 25 PLANNING PROPOSAL - REZONING OF FORMER CWA HALL, HILL STREET, MOLONG AND INCLUSION OF RURAL BOUNDARY ADJUSTMENT CLAUSE TO CABONNE LEP 2012.

 

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.

 

16/12/24

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.

 

 

 

ITEM - 26 PLANNING PROPOSAL PREPARED BY ORANGE CITY COUNCIL TO AMEND ORANGE LOCAL ENVIRONMENTAL PLAN 2011 - AIRPORT ESTATE AT SPRING HILL

 

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.

 

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.

 

16/12/25

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

 

Against: Nil.

 

 

ITEM - 27 DRAFT CONTAMINATED LAND POLICY

 

MOTION (Wilcox/Davison)

 

THAT the draft Contaminated Land Policy be placed on public exhibition.

 

16/12/26

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 as follows:

 

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

 

Against: Nil.

 

 

 

ITEM - 28 QUESTIONS FOR NEXT MEETING

 

Proceedings in Brief

It was noted there were nil reports requested for the next Council meeting.

 

MOTION (Nash/MacSmith)

 

THAT it be noted there were nil reports requested for the next Council meeting.

 

16/12/27

Carried

 

 

ITEM - 29 BUSINESS PAPER ITEMS FOR NOTING

 

Proceedings in Brief

Clr Dean called item 12

 

MOTION (Wilcox/Dean)

 

THAT:

1.   Called items be further considered.

2.   The balance of the items be noted.

16/12/28

Carried

 

ITEMS FOR NOTATION

 

ITEM - 12 ENGINEERING AND TECHNICAL SERVICES UPDATE REPORT

 

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.

 

MOTION (Dean/Wilcox)

 

THAT the information be noted.

 

16/12/29

Carried

 

 

 

ITEM - 30 MATTERS OF URGENCY

 

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.

 

 

MOTION (Wilcox/Durkin)

 

THAT it be noted there were nil matters of urgency raised.

 

16/12/30

Carried

 

 

ITEM - 31 COMMITTEE OF THE WHOLE SECTION OF THE MEETING

 

Proceedings in Brief

It was noted items 15 and 23 had been called for debate.

 

MOTION (Wilcox/Treavors)

 

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

 

16/12/31

Carried

 

 

 

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)

 

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.

 

1.

Carried

 

 

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.

 

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.

 

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.

2.

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.

 

 

 

ITEM - 32 COURT OF APPEAL

 

Proceedings in Brief

This item was dealt with in conjunction with the tabled Mayoral Minute.

 

Recommendation (Wilcox/Walker)

 

THAT the information be noted.

 

3.

Carried

 

 

ITEM - 33 COUNCIL POOLS

 

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.

 

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.

4.

Carried

 

 

ITEM - 34 TENDER - CONSULTANCY SERVICES FOR LONG POINT ROAD UPGRADE CROSSING OF THE MACQUARIE RIVER FEASIBILITY STUDY

 

Proceedings in Brief

The Mayor noted this was a late report and had been forwarded to all councillors.

 

 

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.

 

5.

Carried

 

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

 

 

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

 

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.

 

6.

Carried

 

 

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

 

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.

 

7.

Carried

 

 

ITEM - 3    DEBT RECOVERY REPORT OF OUTSTANDING DEBTS

 

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.

 

8.

Carried

 

*

ITEM - 4    WATER ACCOUNT 4228000008 REQUEST FOR CONSIDERATION OF COSTS

 

Recommendation (Gosper/Davison)

 

THAT Council reduce the level of charges to the first level of charges for consumption charges from account 4228000008.

 

9.

Carried

 

It was noted Clr Culverson requested her vote against the motion be recorded.

 

 

*

ITEM - 5    WATER ACCOUNT 4227000009 REQUEST FOR CONSIDERATION OF COSTS

 

Recommendation (Gosper/Davison)

 

THAT Council reduce the level of charges to the first level of charges for consumption charges from account 4227000009.

 

10.

Carried

 

It was noted Clrs Culverson and Durkin requested their vote against the motion be recorded.

 

*

ITEM - 6    CANOWINDRA RETIREMENT VILLAGE

 

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.

 

11.

Carried

 

 

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.

 

*

ITEM - 7    MOLONG LIMESTONE QUARRY

 

Recommendation (Walker/Gosper)

 

THAT Council approve the $8,000 settlement from the existing budget.

 

12.

Carried

 

It was noted, the time being 3:20pm Clr Nash rejoined the meeting.

 

 

ITEM - 8    CANOWINDRA CARAVAN PARK MANAGEMENT

 

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.

13.

Carried

 

*

ITEM - 9    COURT OF APPEAL - LEGAL ADVICE

 

Recommendation (Wilcox/Nash)

 

THAT the information be noted.

 

14.

Carried

 

It was noted the time being 3:37pm the Chair resumed the ordinary meeting.

 

 

 

REPORT & RESOLUTIONS OF COMMITTEE OF THE WHOLE

 

MOTION (Wilcox/Treavors)

THAT the Report and Recommendations of the Committee of the Whole Meeting held on Tuesday 20 December, 2016 be adopted.

 

16/12/32

Carried

 

 

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.