MINUTES OF THE Ordinary Council Meeting HELD AT THE COUNCIL CHAMBERS MOLONG ON Tuesday 28 March, 2017 COMMENCING AT 2.00pm
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TABLE OF CONTENTS
ITEM - 1 APPLICATIONS FOR LEAVE OF ABSENCE
ITEM - 2 DECLARATIONS OF INTEREST
ITEM - 3 DECLARATIONS FOR POLITICAL DONATIONS
ITEM - 5 MAYORAL MINUTE - APPOINTMENTS
ITEM - 6 COMMITTEE OF THE WHOLE
ITEM - 7 GROUPING OF REPORT ADOPTION
ITEM - 8 CONFIRMATION OF THE MINUTES
ITEM - 10 YOUTH WEEK CELEBRATIONS
ITEM - 11 FEBRUARY 2017 LOCAL TRAFFIC COMMITTEE
ITEM - 13 2017 NATIONAL GENERAL ASSEMBLY
ITEM - 14 2017 AUSTRALIAN LOCAL GOVERNMENT WOMEN'S ASSOCIATION (NSW) ANNUAL CONFERENCE
ITEM - 16 CUMNOCK SHOWGROUND UPGRADES
ITEM - 17 CENTRAL WEST LIBRARIES FUTURE SUPPORT
ITEM - 18 RELATED PARTY DISCLOSURE POLICY
ITEM - 20 LOCAL GOVERNMENT WEEK 2017
ITEM - 21 EVENTS ASSISTANCE PROGRAM 2016/2017
ITEM - 22 DRINKING WATER BUBBLERS
ITEM - 26 PROPOSED PROVISION OF A WASTE AND RECYCLING SERVICE IN MULLION CREEK
ITEM - 27 QUESTIONS FOR NEXT MEETING
ITEM - 28 BUSINESS PAPER ITEMS FOR NOTING
ITEM - 8 FIRE & EMERGENCY SERVICES LEVY (FESL) - UPDATE
ITEM - 11 ECONOMIC DEVELOPMENT ACTIVITIES REPORT
ITEM - 30 COMMITTEE OF THE WHOLE SECTION OF THE MEETING
ITEM - 1 CARRYING OF COUNCIL RESOLUTION INTO CLOSED COMMITTEE OF THE WHOLE MEETING
ITEM - 3 DEBT RECOVERY REPORT OF OUTSTANDING DEBTS
ITEM - 4 WATER ACCOUNT 792000002 REQUEST FOR CONSIDERATION OF COSTS
ITEM - 5 WATER ACCOUNT 967020009 REQUEST FOR CONSIDERATION OF COSTS
ITEM - 6 MOLONG LIBRARY AND COMMUNITY FACILITIES
ITEM - 7 PROPOSED SALE OF ORANA HOUSE - SUBMISSIONS
ITEM - 8 NOXIOUS WEEDS - PRIVATE WORKS
ITEM - 9 SECTION 18A WEEDS NOTICES
REPORT & RESOLUTIONS OF COMMITTEE OF THE WHOLE
PRESENT Clr I Gosper (in the Chair), Clrs G Dean, M Nash, L MacSmith, M Hayes, S Wilcox, A Durkin, 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, Administration Manager and Administration Officer.
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Proceedings in Brief An apology was tendered on behalf of Clr Treavors for his absence from the meeting. |
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THAT the apology tendered on behalf of Clr Treavors be accepted and the necessary leave of absence be granted.
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Carried |
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Proceedings in Brief It was noted that there were nil Declarations of Interest. |
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THAT it be noted there were nil Declarations of Interest.
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Carried |
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Proceedings in Brief It was noted that there were nil Declarations of Political Donations. |
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THAT it be noted there were nil Declarations of Political Donations.
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Carried |
It was noted the time being 2:02pm Mrs Edna Brown a representative for the Combined Pensioners and Superannuants Group Molong presented a cheque for $28,000 as a contribution towards the Molong Aged Care Units project.
It was noted the time being 2:05pm Bronte Chown was presented with the Youth of the Month award for March.
It was noted the time being 2:10pm John O’Malley, Council’s contracted auditor, made a presentation regarding a proposed Related Parties Disclosure Policy - item 18.
It was noted the time being 2:22pm Justin Byrne from the Orange Region Tourism initiative addressed Council in relation to an MOU prepared to provide a high level framework for a regional tourism organisation.
It was noted the time being 2:34pm Andrew Saunders addressed Council regarding a requested modification of a s94 condition on DA 2016/141/1 - item 23, until 2:37pm. He reiterated points raised in his letter to council annexed to the report and requested condition 12 be deleted.
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Proceedings in Brief Clr Gosper
Clr MacSmith Clr MacSmith read a statement as follows: “It is with great deliberation that today I am going to tender my resignation, from Cabonne Council. It's a great pity that my association with Cabonne has to come to an abrupt end as of today. I have enjoyed immensely my experiences at Cabonne Council and have learnt a great deal over the past 8 1/2 yrs. My resignation will commence from today. I wish the remaining 10 councillors well, and leave Cabonne in capable hands. Accusations in the social media with absolutely no evidence have been both damaging and hurtful to myself and my family. This has culminated in tendering my resignation. I pride myself on telling the truth, acting with honesty and integrity, but my reputation has been tarnished by unfounded allegations emanating from this council chamber. I can't help believing this character assassination by social media has been heavily influenced by the ANTY Group, as has their influence on the Mayor. But before I go I will now read the so called Wish List that the Mayor, councillor Hayes and myself compiled prior to meeting with Government representatives which has led to today's proceedings. The Wish List was originally compiled to help protect Cabonne ratepayers if a merger with Orange and Blayney were to happen. Many ratepayers were accusing councillor Hayes and myself of being complicit with OCC in what they believed was an attempted takeover by OCC. I can only hope, after hearing of the contents of this Wish List, their fears will be allayed and seen to be misdirected.” He read the list which included: an independent administrator, equal representation of Councillors, quarantine of Cabonne’s cash reserves, retention of the office in Molong, retention of the Cudal office as an Engineering headquarters, court costs awarded against Cabonne to be negotiated, freezing of rural rates for five years and subsidy of Cabonne’s business rates, election of Mayor and Deputy Mayor for the merged Council from 2017, Central Tableland Water to be the single water governing entity of the merged Council, the name of the merged entity to be negotiated, completion of planned projects in Cabonne and a ten year plan for the Cabonne shire with 1 million dollars to be spent in each Cabonne village over ten years. He added “And just remember the bulk of these requests had been agreed to by Government Representatives, the rest to be negotiated. Now any opportunity for these requests to be realised have now been lost. Cabonne you are now on your own.” Clr MacSmith left his seat at 2:53pm handed in his written resignation and sat in the gallery.
Clr Hayes Clr Hayes read a statement as follows: “I have been a Councillor on Cabonne Council for the last 4 1/2 years. I became involved in the Council out of a sincere desire to help the community in which I live and work. I know that all of the other members of the Council became involved for similar reasons. We all know that the recent debate regarding the proposed forced amalgamation of Cabonne Council by the State Government has been very controversial and divisive. Whilst I personally opposed the decision to force Cabonne to amalgamate I took the view as the process progressed that the Government was determined to force the amalgamation through, no matter what, and therefore took steps to ensure the best possible outcome for Cabonne in those circumstances. I have been the subject of adverse public comment for my actions in trying to secure the best deal for Cabonne, and expect some measure of that adverse comment as part of being involved in public service. However, comments on social media, and statements made at the extraordinary Council meeting held on 13 October have gone beyond what I am prepared to accept as part of my role as councillor. It is for that reason that I am tendering my resignation from the Council effective immediately. I do wish the Council all the best for the future and hope it is able to properly represent, and provide services for, the ratepayers of Cabonne.” Clr Hayes left his seat at 2:54pm handed his written resignation in and sat in the gallery.
Clr Culverson Clr Culverson read out her activities.
At the conclusion Clr Culverson read a statement as follows: “Mr Mayor and councillors, I have served the people of Cabonne as a councillor for 8 ½ years taking my commitment to the role very seriously. Over that time I’ve been criticised by some of my fellow councillors as they felt I’d put council before my family and there has been a few family occasions I’ve missed. I’d like you to know the decision to run for council was a family decision. A commitment by our family to our community. My family understood for a community to grow and prosper it needed a local community member to represent them and to participate in the decision making on their behalf. They understood the basic rural principal about giving back to your community and so we as a family approached my term on council with the same principles and ethics we adhere to in life. Respect, integrity, honesty, and accountability I was contacted recently by a Molong resident expressing their concern and drawing my attention to a letter to the editor in the local newspaper on March 7th. A letter in which I was linked to the Mayors statement from October 13th last year. I spoke with the Acting General Manager on two separate occasions requesting the Mayor publically address the situation by relating the events as they had occurred. The first request was flatly refused and to date a response to the second request has not been received. I publically refute the allegation and am disappointed and appalled to think recent local government events and outside intervention has led down this path. It is a personal indictment on my integrity and honesty. The most difficult discussion I’ve had to have with my children was to inform them of the public allegation that connected me to the statement made in the chamber last October. This accusation is defamatory to myself, my family and my business. As community representatives and leaders we are looked to, to set the example, we should be able to represent our constituents openly and honestly. Being able agree to disagree, and move forward for the benefit of the communities. We are here to represent all ratepayers and community members not just those we personally agree with. Allowing this to continue unaddressed is not acceptable and indicates to me this council has regressed to a state of such division and arrogance that it has become untenable. In my opinion allowing this to proceed has shown the team persona this council portrays to the public is a sham and a farce. I find myself in the position of having no faith in this council and as such can no longer see a future of being able to work effectively as a Cabonne Councillor for the people of Cabonne. I hereby tender my resignation effective immediately.” Clr Culverson left her seat at 3:01pm and handed her written resignation to the Acting General Manager. It was noted the time being 3:01pm former councillors Culverson, Hayes and MacSmith left the Chambers. The Mayor noted it was a sad day for Cabonne. He stated that as a quorum was still present the Council was still able to continue its meeting. Clr Wilcox suggested a short break. |
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MOTION (Wilcox/Nash) THAT Council adjourn for a 5 minute break. |
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Carried
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It was noted the time being 3:12pm Council resumed its meeting.
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THAT the information contained in the Mayoral Minute be noted. |
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Carried |
The Mayor asked the Acting General Manager to advise Council on the impact of the resignations. The Acting General Manager advised that the Local Government Act defined a quorum as the majority of councillors holding office, he understood that to be in effect half plus one. He advised he would seek clarification with the Office of Local Government and confirm.
He also advised Council will need to request the Minister for Local Government to order that a by-election not be held as council elections have been announced and are pending.
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Proceedings in Brief It was noted that there were nil items called for debate in Committee of the Whole. |
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THAT it be noted that there were nil items called for debate in Committee of the Whole.
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Carried |
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Proceedings in Brief The Acting General Manager advised Council he had received an email from former councillor Culverson regarding a proposed amendment to the 28 February 2017 Council minutes – item 8 - and asked if under the circumstances Council wished to consider her request. Clr Culverson’s requested amendments related to Item 16 - page 15 of the February minutes. The Acting General Manager read the following from the email: “Two inaccuracies in the minutes from February to be rectified at today's meeting. Minutes of the councillor workshop February 14th. Item 16. Page 79. Paragraph 1 I did not say the Mullion Creek Progress Association do not represent "all of the community" as not all of the community attends. I said "some Progress Associations have poor attendance and may not be representative of their community". There was no mention of the Mullion Creek Progress Association as they usually have reasonable attendances. Paragraph 2 Remove the second sentence, I didn't say the PA didn't understand. Background. I had pursued the fact that Progress Associations had been invited to nominate projects (Doc ID 798 December 12th 2016) not village beautification projects.” Clr Dean called item 8, to allow the proposed amendment to the minutes to be considered. |
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THAT: 1. Councillors further consider called item 8. 2. Items 9 to 12 be moved and seconded. |
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Carried |
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Proceedings in Brief The Acting General Manager advised that the minutes can be confirmed even by someone not present at the original meeting. After some debate it was decided to leave the minutes unchanged. |
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THAT the minutes of the Ordinary meeting held 28 February 2017 be adopted.
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Carried |
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THAT Council endorse the minutes of the WBC Strategic Alliance Board meeting of 27 February 2017.
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Carried |
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THAT Council: 1. Contribute $500 to Youth Week Activities at Canowindra High School; and 2. Contribute $730 to Youth Week Activities at Molong Central School. |
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Carried |
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THAT Council ratify the recommendations of the Local Traffic Committee.
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Carried |
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Proceedings in Brief Clr Durkin suggested that Council note that the national General Assembly was being held but attendance was not necessary unless someone specifically wished to attend. The Mayor noted that traditionally the Mayor and General Manager attend, but he was not sure attendance had the same value as previously.
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THAT Council: 1. Determine it does not require representation at the 2017 National General Assembly. 2. Submit any matters for motions which fall within the theme for consideration at the 2017 National General Assembly to the Acting General Manager. |
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Carried |
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Proceedings in Brief Clr Dean requested the item be deferred to the April Councillor workshop. Council nominated the Mayor and Acting General Manager to meet with the Trustees. |
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THAT: 1. The Mayor and the Acting General Manager meet with the Mullion Creek Hall Trustees to discuss possible assistance with the renewal/refurbishment of the Mullion Creek Hall. 2. This item and the proposed Canowindra Health Centre be added to the agenda for the Councillor Workshop in April 2017. |
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Carried |
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THAT Council contribute $4,404.00 from reserve funds for payment of upgrades to the Cumnock showground amenities.
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Carried |
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THAT Council adopt option 1 as detailed in the report as the preferred future model of Central West Libraries.
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Carried |
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Proceedings in Brief Clr Dean requested this matter be further discussed at the April Councillor Workshop including guidance on the filling out of the disclosure form. |
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THAT: 1. The attached draft Related Party Disclosure Policy be adopted. 2. The Mayor, councillors and other designated Key Management Personnel complete and submit an initial Related Party Disclosure form within 30 days of the adoption of this policy. 3. This item be further discussed at the Councillor Workshop in April. |
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Carried |
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Proceedings in Brief After discussion it was decided that Clr Davison would attend the civic commemoration service in Orange. The Mayor advised he had accepted an invitation to attend the Cudal service this year as they will be dedicating new plaques on the Memorial Gates and he would be unavailable to attend the Molong service. Clr Durkin volunteered to attend the Molong service instead. The following additional representations were noted: Clr Davison to attend Borenore, Clr Walker to attend Canowindra, Clr Nash to attend Manildra, Clr Treavors to attend Toogong. It was noted that Council wished to amend the ANZAC Day Commemorations Policy to allow wreaths to be provided by Council for services being held without need for a councillor to be attending. |
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THAT Council: 1. Authorise Clr Davison to attend the civic commemoration service in Orange on ANZAC Day 2017. 2. Nominate and authorise councillors to represent Council at ANZAC Day services throughout the Cabonne LGA as per the Proceedings in Brief. 3. Advise Canobolas and Orana Local Area Commands that Council offers no objection to the temporary closure of the streets involved, subject to compliance with local police regulations, in any of the towns and villages, which are to conduct ANZAC Day marches in the Cabonne LGA. 4. Receive a draft amended ANZAC Day Commemorations Policy providing for changes as noted in the Proceedings in Brief. |
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Carried |
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Proceedings in Brief After considerable discussion it was decided to hold a tour of new projects together with visits to Mullion Creek, Borenore and Cudal Schools and hold a BBQ at the new Manildra Recycling Centre as the Cabonne activities for Local Government Week 2017. |
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THAT Council hold a tour of new projects together with visits to Mullion Creek, Borenore and Cudal Schools and hold a BBQ at the new Manildra Recycling Centre as the Cabonne activities for Local Government Week 2017.
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Carried |
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THAT Council approve funding for the following applications under the 2016/2017 Events Assistance Program (EAP): 1. Cumnock Show Society $500; and 2. Eugowra Country Fair $1,000. |
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Carried |
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Proceedings in Brief In response to a question from Clr Nash the Acting Director of Engineering and Technical Services advised that the installation of water bubblers is an ongoing program and that the Manildra Skate Park can be added as a venue in next year’s program. |
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THAT Council:
1. Agree to the replacement of drinking water bubblers at Molong, Canowindra and Manildra at a cost of $3,800 per bubbler; 2. Install an additional water bubbler at the Skate Park precinct at Canowindra; and 3. Contact Central Tablelands Water to share the cost of replacement bubblers and the additional bubbler at Canowindra. |
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Carried |
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Proceedings in Brief Clr Wilcox requested a report regarding the status of Councillors being delegates to other organisations in view of the resignation of councillors at this meeting. In response to a question from Clr Dean the Director of Environmental Services advised that the cleanliness and appearance of the Fat Lamb Hotel at Eugowra were not a breach of legislation. The Director took on notice a request for an update relating to the Royal Hotel site at Cudal. |
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THAT Council receive a report at the next Council meeting in relation to: 1. The status of Councillors being delegates to other organisations in view of the resignations by three councillors. 2. The Royal Hotel site at Cudal. |
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Carried |
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Proceedings in Brief Clr Davison called item 8 and 11. |
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THAT: 1. Councillors further consider the called items. 2. The balance of the items be noted. |
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Carried |
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Proceedings in Brief Clr Davison requested that the huge increase in the number of hits on the Cabonne Country website be noted. |
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THAT the information be noted.
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Carried |
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Proceedings in Brief Clr Dean suggested an earlier start to the April Councillor Workshop due to the extended agenda. |
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THAT the 11 April 2017 Councillor Workshop start at 10am.
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Carried |
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THAT Council hereby resolve itself into Committee of the Whole.
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Carried |
It was noted the time being 4:13pm the Chair announced that the Council would now be resolving into a Closed Committee of the Whole.
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THAT the ratepayers in the annexure attached be advised in writing that if payment of their account is not made, or a satisfactory arrangement for payment is not made, within seven days of this correspondence that Council intends to issue a Statement of Claim for the recovery of all monies owed to Council.
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3. |
Carried |
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THAT a committee be formed to determine a location for the Molong Library comprising of the Mayor, Clr Davison, Clr Wilcox, the Acting General Manager and the Acting Director of Finance & Corporate Services.
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6. |
Carried |
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THAT this matter be considered at the April Councillor Workshop.
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7. |
Carried |
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THAT the information be noted.
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8. |
Carried |
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THAT the information be noted.
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9. |
Carried |
It was noted the time being 4:30pm the Chair resumed the ordinary meeting.
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THAT the Report and Recommendations of the Committee of the Whole Meeting held on Tuesday 28 March, 2017 be adopted.
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Carried |
There being no further business, the meeting closed at 4:30pm.
CHAIRMAN.
Chairman of the Ordinary Meeting of Cabonne Council held on 26 April, 2017 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.