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 
   | 
 
 
  | 
     
   | 
  
   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. 
    
   | 
 
 
  | 
   16/12/01 
   | 
  
   Carried 
   | 
 
 
 
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   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. 
   | 
 
 
  | 
     
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   MOTION (Culverson/Wilcox) 
    
  THAT the Declarations of
  Interest be noted. 
    
   | 
 
 
  | 
   16/12/02 
   | 
  
   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. 
    
   | 
 
 
  | 
   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.
 
 
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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 
   | 
  
   Carried 
   | 
 
 
 
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   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. 
    
   | 
 
 
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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. 
   | 
 
 
  | 
   16/12/05 
   | 
  
   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 
   | 
 
 
  | 
     
   | 
  
   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 
   | 
  
   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. 
   | 
 
 
  | 
   16/12/07 
   | 
  
   Carried 
   | 
 
 
 
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   ITEM -
  9    VILLAGE ENHANCEMENT RESERVE 
   | 
 
 
  | 
     
   | 
  
   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. 
   | 
 
 
  | 
   16/12/08 
   | 
  
   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. 
    
   | 
 
 
  | 
   16/12/10 
   | 
  
   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.  
   | 
 
 
  | 
   16/12/11 
   | 
  
   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 
   | 
  
   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. 
    
   | 
 
 
  | 
   16/12/13 
   | 
  
   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 
   | 
  
   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"  
   | 
 
 
  | 
     
   | 
  
   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.
 
 
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   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.   
   | 
 
 
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   MOTION (Gosper/Davison) 
    
  THAT Council
  not make a submission to the Local Government Remuneration Tribunal. 
    
   | 
 
 
  | 
   16/12/16 
   | 
  
   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. 
   | 
 
 
  | 
   16/12/17 
   | 
  
   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. 
    
   | 
 
 
  | 
   16/12/18 
   | 
  
   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.  
   | 
 
 
  | 
   16/12/19 
   | 
  
   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. 
   | 
 
 
  | 
   16/12/20 
   | 
  
   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. 
   | 
 
 
  | 
     
   | 
  
   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. 
    
   | 
 
 
  | 
   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. 
    
   | 
 
 
 
 
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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 
   | 
 
 
  | 
     
   | 
  
   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.
 
 
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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 
   | 
 
 
  | 
     
   | 
  
   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.