MINUTES OF THE Ordinary Council Meeting HELD AT THE COUNCIL CHAMBERS MOLONG ON Tuesday 28 February, 2017 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     DEPUTY MAYORAL ELECTIONS PROCEDURE.. 2

ITEM - 5     ELECTION OF DEPUTY MAYOR.. 2

ITEM - 6     DESTRUCTION OF BALLOT PAPERS.. 2

ITEM - 7     DELEGATION TO MAYOR AND DEPUTY MAYOR (IN MAYOR'S ABSENCE) 2

ITEM - 8     MAYORAL MINUTE - APPOINTMENTS.. 3

ITEM - 39  MAYORAL MINUTE - RECRUITMENT OF GENERAL MANAGER.. 5

ITEM - 9     COMMITTEE OF THE WHOLE.. 5

ITEM - 10  GROUPING OF REPORT ADOPTION.. 6

ITEM - 11  CONFIRMATION OF THE MINUTES.. 6

ITEM - 12  AUSTRALIA DAY AWARDS COMMITTEE MEETING.. 6

ITEM - 13  COUNCIL'S POLICY REGISTER - ADOPTION OF "HIRE OF ITEMS - MOLONG CUDAL COMMUNITY CENTRES AND S355 OPERATED HALLS POLICY"  6

ITEM - 14  LOCAL GOVERNMENT TOURISM CONFERENCE 2017. 6

ITEM - 15  LOCAL TRAFFIC COMMITTEE.. 7

ITEM - 17  INTEGRATED PLANNING & REPORTING TIMETABLE 2017. 7

ITEM - 18  INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN SECOND QUARTER REVIEW... 7

ITEM - 19  APRIL 2017 COUNCIL MEETING.. 7

ITEM - 21  REQUESTS FOR DONATIONS.. 7

ITEM - 22  SENIORS' FESTIVAL.. 8

ITEM - 23  EVENTS ASSISTANCE PROGRAM 2016/2017. 8

ITEM - 24  GOAL POSTS AUDIT.. 9

ITEM - 25  ADDITIONAL BACKLOG PROJECTS FOR 2016/2017. 9

ITEM - 26  OFFER OF LICENCE FOR USE OR OCCUPATION OF CROWN LAND FOR THE ORANGE TO MOLONG PIPELINE.. 9

ITEM - 29  DEVELOPMENT APPLICATION 2017/0093 - DEMOLITION, CONSTRUCTION OF A COMMUNITY FACILITY, ALTERATIONS TO AN EXISTING COMMUNITY HALL AT 94-98 BANK STREET, MOLONG.. 10

ITEM - 30  DEVELOPMENT APPLICATION 2017/055 - LOT 100 DP 1122908 - FARM STAY ACCOMMODATION - NANCARROW LANE, NASHDALE.. 10

ITEM - 31  REQUEST FOR DONATION - DEVELOPMENT APPLICATION FEES DEVELOPMENT APPLICATION 2017/011. 11

ITEM - 32  REQUEST FOR DONATION OF DEVELOPMENT APPLICATION FEES - 2017/46 EVENT (MARKETS) UPON LAND KNOWN AS LOTS 7, 8 & 9 SECTION 5 DP 758396, BROAD & MYALL STREETS, EUGOWRA.. 11

ITEM - 33  DA 2017/6 MODIFICATION TO DEVELOPMENT APPLICATION APPROVED FOR A THREE LOT SUBDIVISION AND ERECTION OF A DWELLING HOUSE ON LOT 3 AT 32 WADDELL STREET, LOT 10 SECTION C DP 32548  11

ITEM - 34  CARGO LANDFILL CAPPING PROJECT.. 12

ITEM - 35  QUESTIONS FOR NEXT MEETING.. 12

ITEM - 36  BUSINESS PAPER ITEMS FOR NOTING.. 13

ITEMS FOR NOTATION.. 13

ITEM - 9     FAMILY DAY CARE UPDATE.. 13

ITEM - 13  ENGINEERING AND TECHNICAL SERVICES UPDATE REPORT.. 14

ITEM - 37  MATTERS OF URGENCY.. 14

ITEM - 38  COMMITTEE OF THE WHOLE SECTION OF THE MEETING.. 14

ITEM - 16  COUNCILLOR WORKSHOP 14 FEBRUARY 2017. 14

ITEM - 20  QUARTERLY BUDGET REVIEW... 15

ITEM - 27  PUBLIC SWIMMING POOL COMPLIANCE PROJECT - UPDATE.. 16

ITEM - 28  CONSTRUCTION OF THE MOLONG LIMESTONE QUARRY SHED   17

CONFIDENTIAL ITEMS.. 17

ITEM - 1     CARRYING OF COUNCIL RESOLUTION INTO CLOSED COMMITTEE OF THE WHOLE MEETING.. 17

ITEM - 2     ENDORSEMENT OF PROCEEDINGS OF CONFIDENTIAL MATTERS CONSIDERED AT COMMITTEE OF THE WHOLE MEETING.. 18

ITEM - 3     DEBT RECOVERY REPORT OF OUTSTANDING DEBTS.. 18

ITEM - 4     EXPRESSION OF INTEREST - PUBLIC PRIVATE PARTNERSHIP CANOWINDRA RETIREMENT VILLAGE.. 18

ITEM - 5     CONSTRUCTION OF THE MOLONG LIMESTONE QUARRY SHED   19

ITEM - 6     PLANT REPLACEMENT - ONE PRIME MOVER.. 20

ITEM - 7     COURT OF APPEAL - LEGAL ADVICE.. 20

REPORT & RESOLUTIONS OF COMMITTEE OF THE WHOLE.. 20

 


 

 

PRESENT         Clr I Gosper (in the Chair), Clrs G Dean, M Nash, L MacSmith, S Wilcox, A Durkin, G Treavors, K Walker, I Davison and J Culverson.


Also present were the Acting General Manager, Acting Director of Finance & Corporate Services, Acting Director of Engineering & Technical Services, Director of Environmental Services, Director of Engineering and Technical Services’ Personal Assistant and Administration Officer.

 

 

ITEMS FOR DETERMINATION

 

 

ITEM - 1    APPLICATIONS FOR LEAVE OF ABSENCE

 

Proceedings in Brief

An apology was tendered on behalf of Clr Hayes for his absence from the meeting.

 

MOTION (Treavors/Wilcox)

 

THAT the apology tendered on behalf of Clr Hayes be accepted and the necessary leave of absence be granted.

 

17/02/01

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

Clr Culverson declared an interest (identified as a pecuniary interest) in items 25 and 26 due to work carried out by her business on the projects.

 

MOTION (Wilcox/Durkin)

 

THAT the Declarations of Interest be noted.

 

17/02/02

Carried

 

 

ITEM - 3    DECLARATIONS FOR POLITICAL DONATIONS

 

Proceedings in Brief

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

 

MOTION (Wilcox/Nash)

 

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

 

17/02/03

Carried

 

 

 

ITEM - 4    DEPUTY MAYORAL ELECTIONS PROCEDURE

 

Proceedings in Brief

The Mayor vacated the Chair and the Acting General Manager, as Returning Officer, took the chair.

 

MOTION (Treavors/Wilcox)

 

THAT Council:

 

1.   Re-affirm its previous practice of conducting voting for the positions of Deputy Mayor by preferential ballot where three or more nominations are received, otherwise by ordinary ballot; and

2.   Make details of the voting for the position of Deputy Mayor public.

 

17/02/04

Carried

 

 

ITEM - 5    ELECTION OF DEPUTY MAYOR

 

MOTION (Davison/Durkin)

 

THAT the Acting General Manager proceed with the requirements for the election of the Deputy Mayor for Cabonne Council as detailed in the item relating to the determination of requirements for the election process.

 

17/02/05

Carried

 

 

Proceedings in Brief

The Acting General Manager advised that there had been 1 nomination for the position of Deputy Mayor, that being from Clr Kevin Walker

Clr Walker accepted the nomination for the position of Deputy Mayor. 

The Acting General Manager, as Returning Officer, declared Clr Kevin Walker duly elected as the Deputy Mayor of Cabonne Council for the ensuing term.

 

 

ITEM - 6    DESTRUCTION OF BALLOT PAPERS

 

Proceedings in Brief

The Acting General Manager noted that the ballot for the position of Deputy Mayor was not required.

 

 

ITEM - 7    DELEGATION TO MAYOR AND DEPUTY MAYOR (IN MAYOR'S ABSENCE)

 

Proceedings in Brief

The Mayor resumed the Chair.

The Mayor thanked Clr MacSmith for all his work in the role of Deputy Mayor and  congratulated Clr Walker on accepting the Deputy Mayor position.

 

MOTION (Davison/Treavors)

 

THAT subject to not receiving direction from the Council as to the consideration of any particular matter by the Council itself and subject to the requirements of the Local Government Act 1993 and Regulations thereunder and any express policy of the Council or regulations of any public authority other than the Council and pursuant to the powers conferred on Council by s377 of the Local Government Act 1993, the Mayor, Ian Joseph Gosper, and, where allowed, in his/her absence the Deputy Mayor Clr Kevin Graeme Walker be authorised to exercise or perform on behalf of the Council the powers, authorities, duties and functions as follows:

 

1.    To incur expenditure up to the sum of $3,000 for incidental expenses, within approved votes of Council; and

2.    To receive a public interest disclosure in circumstances assigned to the position of Mayor in Council’s Public Interest Disclosure (Internal Reporting) Policy.

 

17/02/06

Carried

 

 

ITEM - 8    MAYORAL MINUTE - APPOINTMENTS

 

Proceedings in Brief

Mayor Ian Gosper

  • 20/12/16 Attended the Cabonne Council Christmas Party
  • 22/12/16 Attended the Cabonne Council Outdoor Christmas Party
  • 6/1/17 Attended the Council Chambers for meetings
  • 12/1/17 Attended meetings in Canowindra and Eugowra
  • 13/1/17 Attended the Council Chambers for meetings
  • 16/1/17 and 20/1/17 Attended the Office for meetings
  • 21/1/17 Attended a meeting in Oberon to support the local community
  • 23/1/17 Attended the Office for meetings
  • 25/1/17 Attended a dinner meeting with Cabonne’s Australia Day Ambassador Paralympic Gold Medallist Lindy Hou OAM
  • 26/1/17 Attended the Official Australia Day activities in Mullion Creek, Cargo and Canowindra and unofficial activities in Yeoval
  • 2/2/17 Attended meetings at the office
  • 8/2/17 Attended a meeting with the Shadow Local Government Minister Peter Primrose along with the Deputy Mayor and Acting General Manager
  • 9/2/17 Attended a meeting with council’s Environmental Services staff and a developer
  • 13/2/17 Attended the Official Opening of the Manildra Community Recycling Centre along with staff from the Environmental Protection Authority, the Acting General Manager and council staff
  • 14/2/17 Attended the Councillor Workshop in the Council Chambers
  • 17/2/17 Attended meetings at the office
  • 17/2/17 Performed an Australian Citizenship Ceremony for 7 new citizens along with the Federal Member for Calare Andrew Gee
  • 17/2/17 Attended a meeting with the Federal Member for Calare Andrew Gee and the Acting General Manager regarding Long Point Road and Crossing
  • 18/2/17 Attended the Banjo Paterson Mayoral Poetry Competition Challenge in Orange
  • 22/2/17 Attended the Rural Fire Service Liaison meeting at the Fire Control Centre in Orange as the representative for Cabonne
  • 23/2/17 Attended the CENTROC Board Meeting in Forbes
  • 24/2/17 Attended meetings at the office
  • 26/2/17 Attended Banjo Paterson festivities in Yeoval
  • 27/2/17 Attended the Business H.Q. free breakfast at the Cabonne Chambers
  • 27/2/17 Attended the WBC Board meeting in Blayney along with the Deputy Mayor and the Acting GM
  • 27/2/17 Attended the turning of the Sod for Molong’s New Community Housing Project.  Funded by $300,000 from the Community and a loan of $400,000 from Council.

Clr MacSmith read a prepared statement on why he had chosen to relinquish the position of Deputy Mayor and congratulated Clr Walker on taking up the position.

Clr Davison attended the Borenore Community Ball, noting the attendance of 60 people including many younger members of the community.  He further noted that both Borenore and Nashdale Schools had expressed their thanks to the Acting Director of Engineering and Technical Services and council staff for the maintenance to the school grounds.

Clr Culverson tabled 2 letters from the Mullion Creek Progress Association in regards to budget submissions.

 

 

MOTION (Gosper/)

 

THAT the information contained in the Mayoral Minute be noted.

 

17/02/07

Carried

 

It was noted, the time being 2:08pm the Acting General Manager declared an interest in the following item due to his intention to apply for the position and left the Chambers.

 

 

ITEM - 39 MAYORAL MINUTE - RECRUITMENT OF GENERAL MANAGER

 

Proceedings in Brief

The Mayor called this item as part of the Mayoral Minute.

The Mayor noted that the Director of Environmental Services was currently acting as General Manager due to the Acting General Manager declaring an interest.

The Mayor noted that the selection panel would be used to decide on appointing the new General Manager.

The Director of Environmental Services noted that the suitably appointed consultant would carry out the recruitment process to select suitable candidates to interview for the role of General Manager.  She recommended adding a further dot point to the motion that “all Councillors form the interview panel”.

 

 

MOTION (Gosper/)

 

THAT:

 

1.   Council invite consultants to submit a proposal for the recruitment of the General Manager;

 

2.   The Mayor, the Deputy Mayor and Clrs Wilcox and Davison form a subcommittee to appoint a recruitment company; and

 

3.  All councillors form the interview panel.

 

17/02/08

Carried

 

It was noted, the time being 2:25pm the Acting General Manager rejoined the meeting.

 

 

ITEM - 9    COMMITTEE OF THE WHOLE

 

Proceedings in Brief

Clr Nash called items 16 and 27 and Clr MacSmith called items 20 and 28, for debate in Committee of the Whole.

 

MOTION (Dean/Nash)

 

THAT called items be debated in Committee of the Whole.

 

17/02/09

Carried

 

 

ITEM - 10 GROUPING OF REPORT ADOPTION

 

Proceedings in Brief

It was noted that nil items were called for further consideration.

 

 

MOTION (Walker/Culverson)

 

THAT Items 11 to 15 be moved and seconded.

 

17/02/10

Carried

 

 

ITEM - 11 CONFIRMATION OF THE MINUTES

 

MOTION (Walker/Culverson)

 

THAT the minutes of the Ordinary meeting held 20 December 2016 be adopted.

 

17/02/11

Carried

 

 

ITEM - 12 AUSTRALIA DAY AWARDS COMMITTEE MEETING

 

MOTION (Walker/Culverson)

 

THAT the report and recommendations of the Australia Day Awards Committee Meeting of Cabonne Council held on 20 December, 2016 be adopted.

 

17/02/12

Carried

 

 

ITEM - 13 COUNCIL'S POLICY REGISTER - ADOPTION OF "HIRE OF ITEMS - MOLONG CUDAL COMMUNITY CENTRES AND S355 OPERATED HALLS POLICY"

 

MOTION (Walker/Culverson)

 

THAT the draft amended “Hire of Items - Molong Cudal Community Centres and s355 Operated Halls” policy be adopted.

 

17/02/13

Carried

 

 

ITEM - 14 LOCAL GOVERNMENT TOURISM CONFERENCE 2017

 

MOTION (Walker/Culverson)

 

THAT Council’s delegate on the Tourism Advisory Committee Clr Ian Davison and Cabonne’s Promotions and Tourism Officer Lynne Hawkes be authorised to attend the 2017 Local Government Conference in Taree.

 

17/02/14

Carried

 

 

ITEM - 15 LOCAL TRAFFIC COMMITTEE

 

MOTION (Walker/Culverson)

 

THAT Council ratify the recommendations of the Local Traffic Committee of January 2017.

 

17/02/15

Carried

 

It was noted item 16 was to be debated in the Committee of the Whole.

 

 

ITEM - 17 INTEGRATED PLANNING & REPORTING TIMETABLE 2017

 

MOTION (Durkin/Dean)

 

THAT Council hold extraordinary Council meetings on 11 April, 9 May and 13 June 2017 as required under the Integrated Planning & Reporting process.

 

17/02/16

Carried

 

 

ITEM - 18 INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN SECOND QUARTER REVIEW

 

MOTION (Walker/Wilcox)

 

THAT the update of the Operational Plan to 31 December 2016, as presented be adopted.

 

17/02/17

Carried

 

 

ITEM - 19 APRIL 2017 COUNCIL MEETING

 

MOTION (Davison/Durkin)

 

THAT Council hold its April 2017 Ordinary meeting on Wednesday 26th April 2017 due to a public holiday occurring on the pre-appointed meeting date.

 

17/02/18

Carried

 

It was noted item 20 was to be debated in Committee of the Whole.

 

 

ITEM - 21 REQUESTS FOR DONATIONS

 

Proceedings in Brief

The Mayor noted that an email had been received from  Breastscreen NSW requesting an increase from $200 to $360 in donation due to the Breastscreen van having to travel a further distance than first intended.

 

 

MOTION (Culverson/Nash)

 

THAT Council donate:

 

1.  $360 to cover the cost of transporting the Breastscreen van to Canowindra; and

2.  $250 to NAIDOC Week School Initiatives.

 

17/02/19

Carried

 

 

ITEM - 22 SENIORS' FESTIVAL

 

MOTION (Dean/Culverson)

 

THAT Council:

 

1.  Donate $500 to the Eugowra Lions Club Seniors’ Festival activity;

2.  Donate $500 to the Canowindra Lions Club Seniors’ Festival activity; and

3.  Use remaining Seniors’ Week budgeted funds to sponsor Council provided Seniors’ Festival activities.

 

17/02/20

Carried

 

 

ITEM - 23 EVENTS ASSISTANCE PROGRAM 2016/2017

 

Proceedings in Brief

Clr Davison requested that FOOD Week organisers provide a written report to Council.

 

 

MOTION (Durkin/Wilcox)

 

THAT Council approve funding for the following applications under the 2016/2017 Events Assistance Program (EAP):

 

1.   MBC level of funding $1,500;

2.   Canowindra Creative Centre level of funding $500;

3.   Canowindra@home level of funding $1,000;

4.   F.O.O.D Week level of funding $5,000 and be requested to provide a written report;

5.   Banjo Paterson Festival level of funding $1,000; and

6.   At the Vineyard Presents level of funding $500.

 

17/02/21

Carried

 

 

ITEM - 24 GOAL POSTS AUDIT

 

MOTION (Durkin/Culverson)

 

THAT Council:

 

1.   Vote an additional $29,450 from the Infrastructure Replacement Reserve for the replacement of goal posts at the six locations deemed unsafe.

2.   Resolve that the expenditure is required and warranted in the interest of public safety.

 

17/02/22

Carried

 

It was noted, the time being 2:37pm Clr Culverson declared an interest (identified as a pecuniary interest) in items 25 and 26 due to work carried out by her business on the projects and left the Chambers.

 

 

ITEM - 25 ADDITIONAL BACKLOG PROJECTS FOR 2016/2017

 

Proceedings in Brief

The Mayor noted that the petition lodged by residents of Belgravia Road related to one of the projects mentioned in the report.

 

MOTION (Wilcox/Walker)

 

THAT Council:

 

1.   Approve the revised projects 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.

 

17/02/23

Carried

 

 

ITEM - 26 OFFER OF LICENCE FOR USE OR OCCUPATION OF CROWN LAND FOR THE ORANGE TO MOLONG PIPELINE

 

MOTION (Walker/Dean)

 

THAT Council:

 

1.   Authorise the signing and affixing of the Council Seal to the licence offer document issued under the Crown Lands Act 1989 – Section 34A by Department of Industry – Lands for the use or occupation of Crown lands as required for the construction of part of the Ammerdown (Orange) to Molong Creek Dam water pipelines under Central Tablelands Regional Water Security Project.

 

2.   Authorise the payment of initial rent $479 (GST exclusive) to Department of Industry – Lands as per the licence offer document.

 

17/02/24

Carried

 

It was noted, the time being 2:40pm Clr Culverson rejoined the meeting.

 

It was noted items 27 and 28 were to be debated in the Committee of the Whole.

 

 

ITEM - 29 DEVELOPMENT APPLICATION 2017/0093 - DEMOLITION, CONSTRUCTION OF A COMMUNITY FACILITY, ALTERATIONS TO AN EXISTING COMMUNITY HALL AT 94-98 BANK STREET, MOLONG

 

MOTION (MacSmith/Durkin)

 

THAT Development Application 2017/0093 for the demolition of dwelling and hall (Mitchell Room), construction of a community facility (library, meeting rooms and ancillary development including a car park), alterations to the kitchen of the existing Molong Community Hall, relocation of a shipping container upon land described as Lot 432 DP 1070957, Lot B DP 155735 & Lot 2 DP 1082943, being 94, 96 & 98 Bank Street, Molong, be granted consent subject to the conditions attached.

 

The Chair called for a Division of Council as required under Section 375A (3) of the Local Government Act which resulted in a vote for the motion (noting the absence of Clr Hayes – apology) as follows:

 

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

 

Against: Nil

 

17/02/25

Carried

 

 

ITEM - 30 DEVELOPMENT APPLICATION 2017/055 - LOT 100 DP 1122908 - FARM STAY ACCOMMODATION - NANCARROW LANE, NASHDALE

 

MOTION (Dean/Davison)

 

THAT Council note Development Application 2017/055 has been withdrawn by the applicant and that no further consideration of the planning assessment report is required.

 

The Chair called for a Division of Council as required under Section 375A (3) of the Local Government Act which resulted in a vote for the motion (noting the absence of Clr Hayes – apology) as follows:

 

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

 

Against: Nil

 

17/02/26

Carried

 

 

ITEM - 31 REQUEST FOR DONATION - DEVELOPMENT APPLICATION FEES DEVELOPMENT APPLICATION 2017/011

 

MOTION (Wilcox/MacSmith)

 

THAT council donate $479.65 from its s356 budget to the Karma Yiwong Samten Ling Tibetan Buddhist Centre, being the amount equivalent to the Development Application, Construction Certificate, in association with Development Application 2017/011 for an accommodation dormitory upon land described as Lot 134 DP 1091778, 1064 Sandy Creek Road, Molong.

 

17/02/27

Carried

 

 

ITEM - 32 REQUEST FOR DONATION OF DEVELOPMENT APPLICATION FEES - 2017/46 EVENT (MARKETS) UPON LAND KNOWN AS LOTS 7, 8 & 9 SECTION 5 DP 758396, BROAD & MYALL STREETS, EUGOWRA

 

MOTION (Durkin/Wilcox)

 

THAT Council donate $285.00 from its s356 budget to Eugowra Promotion and Progress Association Inc., being the amount equivalent to Development Application fees paid in association with Development Application 2017/46 for Event (Markets) on Lots 7, 8 & 9 Section 5 DP 758396, Broad & Myall Streets, Eugowra.

 

17/02/28

Carried

 

 

ITEM - 33 DA 2017/6 MODIFICATION TO DEVELOPMENT APPLICATION APPROVED FOR A THREE LOT SUBDIVISION AND ERECTION OF A DWELLING HOUSE ON LOT 3 AT 32 WADDELL STREET, LOT 10 SECTION C DP 32548

 

MOTION (Durkin/Wilcox)

 

THAT the modification to Development Application 2017/6 for the approved three (3) lot subdivision of Lot 10, retention of the existing dwelling house on proposed Lot 1 and the erection of a dwelling house on proposed Lot 3, at 32 Waddell Street, Canowindra legally described as Lot 10 Section C DP 32548 be granted development consent subject to the modified attached conditions.

 

The Chair called for a Division of Council as required under Section 375A (3) of the Local Government Act which resulted in a vote for the motion (noting the absence of Clr Hayes – apology) as follows:

 

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

 

Against: Nil

 

17/02/29

Carried

 

 

ITEM - 34 CARGO LANDFILL CAPPING PROJECT

 

Proceedings in Brief

The Director of Environmental Services indicated there was an incorrect amount recorded under budget implications in the report but the correct amount had been listed in the recommendation.

 

 

MOTION (Durkin/Nash)

 

THAT Council:

 

1.   Vote an additional $39,772.12 to be transferred from the Tip Rehabilitation Expenses budget to cover additional costs associated with the Landfill Capping Project.

2.   Resolve that the expenditure is required and warranted to enable the tip rehabilitation to be completed.

 

17/02/30

Carried

 

 

ITEM - 35 QUESTIONS FOR NEXT MEETING

 

Proceedings in Brief

Clr Durkin stated that he had received numerous calls from members of the community regarding the proposed sale of Orana House in Canowindra.  He stated that the community’s perception was that the intention to sell had not had any public consultation and that the community wished to know when the public consultation would be held.

Clr Dean requested a report to Council regarding the Cargo Recreation Ground and Cudal Show Ground committees’ projects.

Clr Nash requested a report to Council on why the bubblers placed in Cabonne community areas by Central Tablelands Water were not working and if there were plans to repair or replace the bubblers. 

Clr Durkin further requested that the report include when the additional bubbler that was planned for Canowindra would be installed.

 

 

MOTION (Nash/Dean)

 

THAT Council receive reports to the next Council meeting in relation to;

  1. Cargo Recreation Ground;
  2. Cudal Showground; and
  3. Replacement of water bubblers in villages and towns provided by Central Tablelands Water and a new/relocated bubbler in Canowindra.
  4.  

17/02/31

Carried

 

 

ITEM - 36 BUSINESS PAPER ITEMS FOR NOTING

 

Proceedings in Brief

The Mayor called Item 9 and Clr Culverson called item 13.

 

MOTION (Wilcox/Nash)

 

THAT:

1.   The called items be further considered; and

2.   The balance of the items be noted.

 

17/02/32

Carried

 

ITEMS FOR NOTATION

 

ITEM - 9    FAMILY DAY CARE UPDATE

 

Proceedings in Brief

The Mayor noted that due to a reduction of funding anticipated for 2018 and the loss of staff, with two resigning and only one member being replaced to anticipate the loss of funding, that he felt it was important for Council to attempt to seek additional funding in the future as family day care is in high demand, and of great importance to the local communities.

 

MOTION (Gosper/Wilcox)

 

THAT the information be noted.

 

17/02/33

Carried

 

 

ITEM - 13 ENGINEERING AND TECHNICAL SERVICES UPDATE REPORT

 

Proceedings in Brief

Clr Culverson directed a question to the Acting Director of Engineering and Technical Services as to what was classed as “Other” in the annexure to the report regarding the funds for Cabonne pools.

The Acting Directors of Finance and Corporate Services and  Engineering and Technical Services stated that a report would be provided to the next Council meeting.

 

 

MOTION (Culverson/Dean)

 

THAT a further report be provided clarifying the definition of “Other” for Cabonne pools in the annexure to the current report.

 

17/02/34

Carried

 

 

ITEM - 37 MATTERS OF URGENCY

 

Proceedings in Brief

It was noted that there were nil matters of urgency raised.

 

 

MOTION (Wilcox/Durkin)

 

THAT it be noted there were nil matters of urgency.

 

17/02/35

Carried

 

 

ITEM - 38 COMMITTEE OF THE WHOLE SECTION OF THE MEETING

 

Proceedings in Brief

It was noted that items 16, 20, 27 and 28 had been called for debate.

 

 

MOTION (Wilcox/Nash)

 

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

 

17/02/36

Carried

 

 

ITEM - 16 COUNCILLOR WORKSHOP 14 FEBRUARY 2017

 

Proceedings in Brief

Clr Culverson noted that the Mullion Creek Progress Association do not represent “all of the community” as not all of the community attends.

Clr Nash noted that she had spoken to people in the community who felt that appointing a Design Architect is not money well spent.

Clr MacSmith stated that the successful Design Architect would be in consultation with the Community.

Clr Davison stated that the original idea was to beautify the towns of Cabonne and to encourage tourism.  He explained that Council’s budgeted expenditure such as kerb and guttering and road works were not included in the spending of this money. 

Clr Nash noted that if money is only spent on the Main Streets of each village then Manildra would be at a disadvantage as it has a relatively small Main Street compared to other villages in the shire.

Clr Culverson directed a question to the Acting General Manager if the letter sent to the Progress Associations stated that the project would be about beautifying the towns.  She noted that she had attended the Mullion Creek Progress Association meeting at the end of February 2017 and felt that the Progress Association did not understand the purpose of the letter.

The Acting General Manager commented that after the Councillor Workshop that was held in February, the project had taken on a new direction.

The Mayor and Clr Culverson both noted that they felt that the communities were responding positively to the idea.

Clr MacSmith directed a question to the Acting General Manager as to why projects could not start till until 1 July 2017, as he felt certain projects would benefit from starting earlier.

The Acting General Manager noted that Council had not yet been given formal confirmation that the proposed amalgamations were no longer going ahead, and therefore Council was still currently having to abide by the section 23A guidelines that were in place.

The Acting Director of Engineering and Technical Services noted that certain projects had been carried out under other budgets such as the top dressing required at Cargo Recreation Ground.

 

 

RECOMMENDATION (Davison/Walker)

 

That Council tender for the appointment of a landscape design architect to provide plans and approximate costings for the design of the main streets and entrances of all the villages and localities in Cabonne in consultation with the community.

 

1.

Carried

 

 

ITEM - 20 QUARTERLY BUDGET REVIEW

 

Proceedings in Brief

Clr Davison requested a hard copy of the next quarterly review be provided to Council.

 

 

Recommendation (MacSmith/Davison)

 

THAT Council:

  1.  note the variances listed in this report and authorise those changes to be updated to Council’s 2016/2017 Budget.

 

  1. Provide a hard copy of future quarterly reviews to Council.

 

2.

Carried

 

 

ITEM - 27 PUBLIC SWIMMING POOL COMPLIANCE PROJECT - UPDATE

 

Proceedings in Brief

Clr Nash noted that there was a need to clarify the rules at the local pools, such as the age restrictions for children expected to wear swimming diapers.  She further noted that council needed to be careful not to deter the communities from wanting to attend the local swimming pools.

The Mayor noted that there had been 11 residents of the communities who had expressed interest in working at the local swimming pools.  He further noted that the compliance project was a great initiative of council staff who had worked on the project.

The Acting General Manager noted that there had been initial problems with some of the areas of the project, however, that there was evidence of an overall improvement to the compliance of the swimming pools.

He further noted that a meeting with the S355 pool committee presidents was to be held in Cudal on 8 March 2017 to allow members of the committees and council staff to work through any issues.

Clr Nash requested that a Councillor be present at the local S355 Pool Committee meetings to assist committee members with the understanding of the changes to legal requirements involved in running a public swimming pool in NSW.

Clr Treavors noted that the addition of lifesavers at the swimming pools would allow the pool managers to manage the kiosk and the lifesavers to monitor the pools.

The Acting General Manager noted that although the swimming pool season is coming to an end, it was better to employ and train staff now so that they are in place for the next season.

Clr Culverson noted that it was important to educate pool staff on different groups within the communities that may utilise the pools, including people with disabilities.

 

 

RECOMMENDATION (Wilcox/Nash)

 

THAT:

 

1.   Council undertake a review of the arrangements for public swimming pools to determine the appropriate model of operation for the future that mitigates risks and ensures compliance and safety requirements for pool operation are met; and

 

2.   The Acting General Manager provide a report to the March Council meeting outlining the options for future management and identifying any financial, risk, legal, industrial and governance issues. 

 

3.

Carried

 

It was noted, the time being 3:25pm Clr Nash declared an interest (identified as a pecuniary interest and previously notified as a general disclosure) due to her son being an employee at the Quarry and left the Chambers.

 

 

ITEM - 28 CONSTRUCTION OF THE MOLONG LIMESTONE QUARRY SHED

 

MOTION (MacSmith/Culverson)

 

THAT Council:

 

1.      Vote an additional $46,605 from Council’s Quarry Reserve.

2.      Resolve that the expenditure is required and warranted to comply with Mine Safety Regulations.

 

4.

Carried

 

It was noted, the time being 3:26pm Clr Nash rejoined the meeting.

 

It was noted, the time being 3:28pm a short intermission was given to the meeting to allow the media to interview Councillors for the local news broadcast that night.

 

It was noted, the time being 3:39pm the meeting recommenced and 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 (Wilcox/Culverson)

 

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.

 

5.

Carried

 

 

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

 

RECOMMENDATION (Nash/Davison)

 

THAT the Committee endorse the accuracy of the Report of the Proceedings of Confidential Matters at the Closed Ordinary Council meeting and the Australia Day Committee meeting held on 20 December 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 Committees.

 

6.

Carried

 

It was noted, the time being 3:41pm Clr Culverson declared an interest (identified as a pecuniary interest) in the following item due to a person mentioned in the report being an employee of her business and left the Chambers.

 

 

ITEM - 3    DEBT RECOVERY REPORT OF OUTSTANDING DEBTS

 

RECOMMENDATION (Davison/Nash)

 

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.

 

7.

Carried

 

It was noted, the time being 3:42pm Clr Culverson rejoined the meeting.

 

*

ITEM - 4    EXPRESSION OF INTEREST - PUBLIC PRIVATE PARTNERSHIP CANOWINDRA RETIREMENT VILLAGE

 

RECOMMENDATION (Walker/Durkin)

 

THAT Council:

 

1.   Write to the Departmental Chief Executive seeking authority to enter into a Public Private Partnership with Uniting to develop accommodation under the Retirement Villages Act in Canowindra; and

 

2.   Classify Lots 1 and 2, DP1124922, Mill Street Canowindra as operational.

 

8.

Carried

 

It was noted, the time being 3:44pm Clr Nash declared an interest (identified as a pecuniary interest and previously notified as a general disclosure) due to her son being an employee at the Quarry and left the Chambers.

 

*

ITEM - 5    CONSTRUCTION OF THE MOLONG LIMESTONE QUARRY SHED

 

RECOMMENDATION (Dean/Culverson)

 

THAT Council:

 

1.       Engage Shumack Engineering (NSW) (Pty) Ltd to construct a Limestone Quarry Shed at Molong at the tendered amount $308,243 (ex GST); and

2.       Authorise the affixing of the Common Seal to the contract documents.

 

9.

Carried

 

It was noted, the time being 3:50pm Clr Nash rejoined the meeting.

 

 

ITEM - 6    PLANT REPLACEMENT - ONE PRIME MOVER

 

RECOMMENDATION (Wilcox/Durkin)

 

THAT Council accept the tender of Volvo Commercial Vehicles Mack (VCV Mack, Sydney) to supply and deliver one Mack Trident Prime Mover, at a cost of $246,500 ex GST.

 

10.

Carried

 

*

ITEM - 7    COURT OF APPEAL - LEGAL ADVICE

 

RECOMMENDATION (Durkin/Wilcox)

 

THAT the item be noted

 

11.

Carried

 

It was noted, the time being 3:57pm the Chair resumed the ordinary meeting.

 

 

REPORT & RESOLUTIONS OF COMMITTEE OF THE WHOLE

 

MOTION (Wilcox/Nash)

THAT the Report and Recommendations of the Committee of the Whole Meeting held on Tuesday 28 February, 2017 be adopted.

 

17/02/37

Carried

 

There being no further business, the meeting closed at 3:58pm.

 

 

 

CHAIRMAN.

 

 

 

Chairman of the Ordinary Meeting of Cabonne Council held on the 28 March, 2017 at which meeting the listed minutes were confirmed and the signature hereon was subscribed