MINUTES OF THE Ordinary Council Meeting HELD AT THE COUNCIL CHAMBERS MOLONG ON Tuesday 24 October, 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     MAYORAL MINUTE - APPOINTMENTS.. 2

ITEM - 5     COMMITTEE OF THE WHOLE.. 3

ITEM - 6     GROUPING OF REPORT ADOPTION.. 3

ITEM - 7     CONFIRMATION OF THE MINUTES.. 3

ITEM - 8     PECUNIARY INTEREST RETURNS 2017. 3

ITEM - 9     YEOVAL ANNUAL SHOW 2018. 4

ITEM - 10  AUSTRALIA DAY 2018. 4

ITEM - 11  MAY 2017 LOCAL TRAFFIC COMMITTEE.. 4

ITEM - 12  DECEMBER 2017 AND JANUARY 2018 COUNCIL MEETINGS.. 4

ITEM - 13  REVIEW OF CABONNE BRAND.. 5

ITEM - 14  CANOWINDRA COUNTRY EDUCATION FUND.. 5

ITEM - 15  CUDAL COMMUNITY CHILDREN'S CENTRE - REQUEST FOR ASSISTANCE   6

ITEM - 16  RESCISSION MOTION - ORANGE REGIONAL TOURISM LIMITED   6

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

ITEM - 19  NSW PUBLIC LIBRARIES CONFERENCE.. 7

ITEM - 20  REQUESTS FOR DONATIONS.. 8

ITEM - 21  EVENTS ASSISTANCE PROGRAM 2017/18. 8

ITEM - 22  COMMUNITY ASSISTANCE PROGRAM APPLICATIONS.. 8

ITEM - 23  REQUEST TO CONSTRUCT PLAYGROUND AT THE CUDAL RECREATION GROUND.. 9

ITEM - 24  PLANNING PROPOSAL - 411 LOWER LEWIS PONDS ROAD, CLIFTON GROVE   9

ITEM - 25  DEVELOPMENT APPLICATION 2018/005 - EXPANSION OF EXISTING EXTRACTIVE INDUSTRY - LOT 28 DP 1227863, SPRING HILL ROAD, SPRING HILL.. 9

ITEM - 26  UPGRADE OF SMITH ROAD, MARCH - DEVELOPMENT APPLICATION 2007/0138 - RURAL SUBDIVISION (7 LOTS) - LOT 245 DP 756890 & LOT 1 DP 591097, KANGAROOBIE ROAD, MARCH - 10

ITEM - 27  DEVELOPMENT APPLICATION 2018/028 - CONSTRUCTION OF BOUNDARY FENCES - LOT 7 DP 1193183, 15 FOYS DRIVE, MOLONG. 11

ITEM - 28  QUESTIONS FOR NEXT MEETING.. 11

ITEM - 29  BUSINESS PAPER ITEMS FOR NOTING.. 12

ITEM - 30  MATTERS OF URGENCY.. 12

ITEM - 31  COMMITTEE OF THE WHOLE SECTION OF THE MEETING.. 12

ITEM - 17  RESCISSION MOTION - ORANA HOUSE.. 12

ITEM - 32  GOVERNANCE, RISK MANAGEMENT AND BUSINESS IMPROVEMENT COMMITTEE.. 14

ITEM - 33  REQUEST FOR DONATION.. 14

CONFIDENTIAL ITEMS.. 14

ITEM - 1     CARRYING OF COUNCIL RESOLUTION INTO CLOSED COMMITTEE OF THE WHOLE MEETING.. 14

ITEM - 2     DEBT RECOVERY REPORT OF OUTSTANDING DEBTS.. 15

ITEM - 3     REQUEST FOR CONSIDERATION OF WATER/SEWER CHARGES 771000007  15

ITEM - 4     REQUEST FOR CONSIDERATION OF WATER CHARGES 994008000006  15

ITEM - 5     REQUEST FOR REVIEW OF PENSION REBATE A80290. 15

ITEM - 6     PROPOSAL FOR ESTABLISHMENT OF A TRUCK WASH AT MOLONG - LAND ACQUISITION.. 15

ITEM - 7     LAND ACQUISITION OF PART OF THE LAND FOR CUMNOCK SERVICE RESERVOIR CONSTRUCTION UNDER RESTART NSW REGIONAL WATER SECURITY FOR REGIONS PIPELINE PROJECT.. 16

ITEM - 8     OFFERS TO PURCHASE OR LEASE LOT 87 DP1100661 CASUARINA DR, EUGOWRA.. 16

ITEM - 9     COURT OF APPEAL.. 17

ITEM - 10  VARIATION TO COUNCIL'S DEED OF AGREEMENT (RNSW757) WITH INFRASTRUCTURE NSW - ORANGE TO MOLONG PIPELINE PROJECT STAGE 1. 17

REPORT & RESOLUTIONS OF COMMITTEE OF THE WHOLE.. 18

 


 

 

PRESENT         Clr K Beatty (in the Chair), Clrs J Jones, M Nash, P Mullins, G Treavors, C Newsom, L Oldham, P Batten, K Walker, Weaver and I Davison.


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

 

 

ITEMS FOR DETERMINATION

 

 

ITEM - 1    APPLICATIONS FOR LEAVE OF ABSENCE

 

Proceedings in Brief

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

 

Motion (Weaver/Treavors)

 

THAT the apology tendered be accepted and the necessary leave of absence be granted.

 

17/10/06

Carried

 

 

ITEM - 2    DECLARATIONS OF INTEREST

 

Proceedings in Brief

Clr Beatty declared an interest (identified as a non-significant non-pecuniary interest) in Item 27 due to being friends with the developer and owning a neighbouring property.

Clr Batten declared an interest (identified as a significant non-pecuniary interest) in Item 21 due to being on the organising committee for the 100 mile dinner for the Banjo Paterson Festival.

 

Motion (Oldham/Davison)

 

THAT the Declarations of Interest be noted.

 

17/10/07

Carried

 

 

ITEM - 3    DECLARATIONS FOR POLITICAL DONATIONS

 

Proceedings in Brief

There were nil political donations.

 

Motion (Davison/Newsom)

 

THAT it be noted there were nil declaration of Political Donations.

 

17/10/08

Carried

 

It was noted the time being 2.04pm the Mayor presented the Youth of the Month award to Olivia Wright from Molong.

 

It was noted that the time being 2.09pm Council were addressed by Jenny Bennett from Centroc until 2.28pm.

 

 

ITEM - 4    MAYORAL MINUTE - APPOINTMENTS

 

Proceedings in Brief

The Mayor advised that he had received information regarding Item 25 -  relating to the Spring Hill Quarry and Item 27 – relating to another development application and that it was recommended that the matters be deferred. 

Clr Treavors noted that he attended the Byng Rural Fire Service AGM and one of the major concerns raised were road issues at Byng.

Mayor –

26/9/17 – Attended the September meeting

28/9/17 – Attended Cumnock RSL soil collection ceremony with Clr Davison and Clr Batten. Met with State Member Phil Donato.

28/9/17 – Attended Molong Men’s Shed 10th Anniversary celebration with Clr Davison.

29/9/17 – Attended Central West Lifestyle Collector’s edition book launch in Orange.

4/10/17 – Attended Molong Office for meeting with General Manager.

4/10/17 – Attended Canowindra. Met with Clrs Oldham, Durkin, Batten, Newsom, Weaver and Treavors. Visited numerous locations with Clrs to discuss issues. Meeting with balloon festival organisers.

5/10/17 – Attended Molong Office. Meeting with General Manager. Meeting with handover by former Mayor Gosper.

9/10/17 – Attended Orange Region Tourism announcement and DPI funding announcement at Hillside Orchard. Attended with General Manager and other Clrs.

9/10/17 – Attended and MC Blackdog Institute presentation Molong Central School Hall. Organised by HealthOne Molong.

11/10/17 – Attended Molong Office. Meeting with General Manager. Meeting with David Hyde about Eugowra walking track. Also present General Manager and Director of Engineering Bob Cohen.

13/10/17 – Attended Council Picnic Day. Also present Clrs Batten, Jones and Mullins.

16/10/17 – Attended Molong Office. Meeting with General Manager.

17/10/17 – Attended Extraordinary Council meeting. Attend Councillor Workshop.

19/10/17 – Attended LGNSW Capable Councils workshop – Orange.

21/10/17 – Attended Central West CWA conference – Canowindra.

 

Motion (Beatty/)

 

THAT the information contained in the Mayoral Minute be noted.

 

17/10/09

Carried

 

 

ITEM - 5    COMMITTEE OF THE WHOLE

 

Proceedings in Brief

It was noted that Clr Nash called Item 17 to be debated in Committee of the Whole.

 

Motion (Davison/Walker)

 

THAT the item called be debated in Committee of the Whole.

 

17/10/10

Carried

 

 

ITEM - 6    GROUPING OF REPORT ADOPTION

 

Motion (Walker/Nash)

 

THAT:

1.    Councillors call any items they wish to further consider

2.    Items 7 to 11 be moved and seconded.

 

17/10/11

Carried

 

 

ITEM - 7    CONFIRMATION OF THE MINUTES

 

Motion (Walker/Nash)

 

THAT the minutes of the Ordinary meeting held 26 September 2017 and Extraordinary meeting held 17 October 2017 be adopted.

 

17/10/12

Carried

 

 

ITEM - 8    PECUNIARY INTEREST RETURNS 2017

 

Proceeding in Brief

The General Manager tabled pecuniary interest returns received from councillors and designated staff.

 

Motion (Walker/Nash)

 

THAT:

1.   Council note the tabling of Pecuniary Interest Returns for the period to 30 June 2017;

2.   Newly elected councillors complete and lodge a Pecuniary Interest Return with the General Manager by 9 December 2017; and

3.   The Pecuniary Interest Returns for newly elected councillors be tabled at the 12 December Council meeting.

 

17/10/13

Carried

 

 

ITEM - 9    YEOVAL ANNUAL SHOW 2018

 

Motion (Walker/Nash)

 

THAT Council lodge a formal application for the proclamation of a part-day public holiday from 8:30am to 7:00pm, for that portion of the township of Yeoval, which is in the Cabonne Council area on Tuesday 1 May 2018 for the Yeoval Annual Show.

 

17/10/14

Carried

 

 

ITEM - 10 AUSTRALIA DAY 2018

 

Motion (Walker/Nash)

 

THAT Council note the schedule for Australia Day 2018.

 

17/10/15

Carried

 

 

ITEM - 11 MAY 2017 LOCAL TRAFFIC COMMITTEE

 

Motion (Walker/Nash)

 

THAT Council ratify the recommendations of the Local Traffic Committee.

 

17/10/16

Carried

 

 

ITEM - 12 DECEMBER 2017 AND JANUARY 2018 COUNCIL MEETINGS

 

Motion (Davison/Newsom)

 

THAT:

 

1.   Council hold its ordinary meeting for December 2017 on Tuesday 12 December;

 

2.   Council not conduct an ordinary meeting in January 2018 due to the restricted timeframe available; and

 

3.   An extraordinary meeting be conducted in January or February if necessary.

 

17/10/17

Carried

 

 

ITEM - 13 REVIEW OF CABONNE BRAND

 

Proceedings in Brief

The Mayor noted that feedback he had received from another council that has recently changed its brand was that the council had received a lot of negative feedback from the community regarding the cost to the council.

Clr Newsom stated that it is important to have consultation with the community and queried if the final cost could be better spent in other areas at this time.

Clr Treavors noted that Cabonne have had the current logo for some time now and believes if something is not broken why fix it.

Clr Mullins stated that he believes Cabonne should keep the current brand rather than changing at this time, when the village enhancement project is rolled out down the track Council could look at possibly including a rebrand as part of that.

Clr Weaver stated it should be left as is as it is recognised well both inside and outside of shire.

 

Motion (Batten/Jones)

 

THAT Council, before considering a rebranding strategy, consult with the community and undertake a brand recognition study to determine how well the current brand is recognised.

 

17/10/18

Carried

 

 

ITEM - 14 CANOWINDRA COUNTRY EDUCATION FUND

 

Proceedings in Brief

Clr Treavors queried if Clr Durkin was aware the recommendation was to appoint him as the representative and why it was specifically Clr Durkin.

The General Manager stated that the request to appoint Clr Durkin had come direct from the Canowindra Country Community Fund committee.

 

Motion (Weaver/Davison)

 

THAT Council appoint Clr Anthony Durkin as representative to the Canowindra Country Education Fund.

 

17/10/19

Carried

 

 

ITEM - 15 CUDAL COMMUNITY CHILDREN'S CENTRE - REQUEST FOR ASSISTANCE

 

Motion (Nash/Treavors)

 

THAT Council provide its in principle support for the financial assistance subject to further clarification and review of their audited financial statements.

 

17/10/20

Carried

 

 

ITEM - 16 RESCISSION MOTION - ORANGE REGIONAL TOURISM LIMITED

 

Proceedings in Brief

Clr Nash queried if approval had been received from the Minister as yet.

The General Manager advised that approval had not yet been received. He provided further background information, stating the current position is there is a substantial amount of funding in resources for regions that can only go to the regions. If Council participate for approximately $64,000 it is only a probationary 12 month trial to see what the value is to Council.

Clr Weaver question to the General Manager – is it really only a 12 month trial as in the report it seems to suggest it is binding.

The General Manager further clarified that Council have stated it is not binding and is not for a period of three years. Council are only signing a one year participation trial, after ministerial approval.

Clr Weaver queried why there are eight representatives from Orange, only one each for Blayney and Cabonne and one independent.

Clr Davision stated that it was originally Orange’s idea and volunteers were initially sought, mayors of each council were originally asked. There is an interim board in place but the final board would be industry and skills based and consist of one representative each from Blayney and Cabonne, two from Orange City Council and the other representatives would be from industry. Clr Davison stated that Council’s commitment is for 12 months, if Council pull out before then it will mean the end of the organisation. He noted that visitors are to all shires not only Orange City Council.

Clr Nash stated her concern the money will be lost to Orange and will not reach the Cabonne area.

Clr Mullins stated he is against the motion, he believes that tourists treat the area as one region, and for Cabonne not to consider Orange as a region would make Cabonne a laughing stock.

 

 

Motion (Batten/-)

THAT the motion be put.

 

17/10/21

Carried

 

Motion (Nash/Newsom)

 

THAT Council rescind the following motion resolved at the Extraordinary Council meeting held 8 August 2017:-

ITEM – 4 ORANGE REGIONAL TOURISM LIMITED

RECOMMENDATION (Gosper/Davison)

 

THAT if approval is received from the minister for Local Government for Cabonne to be able to become a member of Orange Regional Tourism Limited, that Cabonne Council commit $64,141.60 from its Reserve Funds to join Orange and Blayney Councils to become a member of Orange Regional Tourism LTD for 2017/18 and that a review be undertaken before the end of that term to determine council’s commitment for years 2018/19 and 2019/20.

 

 

Lost

 

 

It was noted that Item 17 was called to be debated in Committee of the Whole.

 

 

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

 

Motion (Treavors/Nash)

 

THAT the update of the Operational Plan to 30 September 2017, as presented be adopted.

 

17/10/22

Carried

 

 

ITEM - 19 NSW PUBLIC LIBRARIES CONFERENCE

 

Proceedings in Brief

Clr Weaver stated that she is the libraries delegate but is unavailable to attend the conference, she suggested Clr Nash be the alternate.

Clr Davison noted that as Cabonne have a proposal to build a new library it would be a good opportunity to promote our area.

 

Motion (Weaver/Walker

 

THAT Council authorise a delegate to attend the NSW Public Libraries Annual Conference and AGM in Penrith from Wednesday 22 November to Friday 24 November 2017.

 

17/10/23

Carried

 

 

ITEM - 20 REQUESTS FOR DONATIONS

 

Motion (Davison/Treavors)

 

THAT Council donate $484 being the equivalent of fees for use of the Molong Showground back to the Molong Golf Club Committee.

 

17/10/24

Carried

 

It was noted that Clr Batten declared an interest in Item 21 due to being on the organising committee for the 100 Mile Dinner for the Banjo Paterson Festival, he left the Chambers at 03:09pm.

 

 

ITEM - 21 EVENTS ASSISTANCE PROGRAM 2017/18

 

Motion (Nash/Weaver)

 

THAT Council approve funding under the 2017/2018 Events Assistance Program (EAP) for the following events:

 

1.    $2,000 for Banjo Paterson Australian Poetry Festival 2018; and

2.    $500 for Canowindra Domestic Violence Committee.

 

17/10/25

Carried

 

It was noted, the time being 03:10pm Clr Batten rejoined the meeting.

 

 

ITEM - 22 COMMUNITY ASSISTANCE PROGRAM APPLICATIONS

 

Proceedings in Brief

Clr Nash queried the request from the Buddhist Centre as her understanding was that the centre was moving to Manildra. The General Manager advised that he understood that the Manildra land had been purchased for housing.

 

Motion (Walker/Batten)

 

THAT Council approve Community Assistance Program (CAP) funding for Applications 1-10.

 

 

AMENDMENT (Davison/Nash)

 

THAT Council approve Community Assistance Program (CAP) funding for Applications 1-9.

 

 

The amendment was put and carried becoming the motion, the motion was put and carried.

 

 

Motion (Davison/Nash)

 

THAT Council approve Community Assistance Program (CAP) funding for Applications 1-9.

 

17/10/26

Carried

 

 

ITEM - 23 REQUEST TO CONSTRUCT PLAYGROUND AT THE CUDAL RECREATION GROUND

 

Proceedings in Brief

Clr Treavors stated that he does not feel a playground is the most appropriate option. He further stated that he would like to contact the family to see if they thought a skate park might be more suitable.

Clr Walker noted the need to follow up with Cadia to ensure they supported funding a skate park.

 

Motion (Walker/Treavors)

 

THAT Council endorse a letter of support to construct a playground at the Cudal Recreation Ground, or alternatively a Skate Park in Cudal, if the family are agreeable, subject to final design meeting council requirements.

 

17/10/27

Carried

 

 

ITEM - 24 PLANNING PROPOSAL - 411 LOWER LEWIS PONDS ROAD, CLIFTON GROVE

 

Motion (Batten/Davison)

 

THAT pursuant to section 59 of the Environmental Planning & Assessment Act 1979, council forward the Planning Proposal to the Department of Planning and Environment for the Minister to make a Local Environmental Plan to rezone Lot 9 DP 243046, being 411 Lower Lewis Ponds Road, Clifton Grove, Orange from RU1 Primary Production to R5 Large Lot Residential with a minimum lot size of 2ha.

 

17/10/28

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 (noting the absence of Clr Durkin – apology) as follows:

 

For: Clrs K Beatty, J Jones, M Nash, P Mullins, G Treavors, C Newsom, J Weaver, P Batten, K Walker, L Oldham and I Davison.

 

Against: Nil

 

 

 

ITEM - 25 DEVELOPMENT APPLICATION 2018/005 - EXPANSION OF EXISTING EXTRACTIVE INDUSTRY - LOT 28 DP 1227863, SPRING HILL ROAD, SPRING HILL

 

Proceedings in Brief

The General Manager stated that he had received correspondence just before the council meeting regarding which he needs to seek further legal advice.

Clr Davison requested a site familiarisation meeting on the council workshop day. The General Manager advised that such an inspection would be subject to the applicant agreeing.

 

Motion (Beatty/Oldham)

 

THAT Development Application 2018/005 for expansion of an extractive industry upon land described as Lot 28 DP 1227863 and known as Spring Hill Quarry, Spring Hill Road, Spring Hill, be deferred.

 

17/10/29

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 (noting the absence of Clr Durkin – apology) as follows:

 

For: Clrs K Beatty, J Jones, M Nash, P Mullins, G Treavors, C Newsom, J Weaver, P Batten, K Walker, L Oldham and I Davison.

 

Against: Nil

 

 

 

ITEM - 26 UPGRADE OF SMITH ROAD, MARCH - DEVELOPMENT APPLICATION 2007/0138 - RURAL SUBDIVISION (7 LOTS) - LOT 245 DP 756890 & LOT 1 DP 591097, KANGAROOBIE ROAD, MARCH -

 

Motion (Nash/Treavors)

 

THAT Council approve 50% contribution for the upgrade of Smith Road, March of $36,700 to come from the Capital Works Reserve.

 

17/10/30

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 (noting the absence of Clr Durkin – apology) as follows:

 

For: Clrs K Beatty, J Jones, M Nash, P Mullins, G Treavors, C Newsom, J Weaver, P Batten, K Walker, L Oldham and I Davison.

 

Against: Nil

 

 

It was noted that Clr Beatty declared an interest in Item 27 due to being friends with the developer and owning a neighbouring property, he left the Chambers at 3.23pm.

 

In the absence of the Deputy Mayor, Clr Walker was elected Chair.

 

 

ITEM - 27 DEVELOPMENT APPLICATION 2018/028 - CONSTRUCTION OF BOUNDARY FENCES - LOT 7 DP 1193183, 15 FOYS DRIVE, MOLONG.

 

Proceedings in Brief

The General Manager read aloud the request for deferral from the applicant.

 

 

Motion (Davison/Batten)

 

THAT Development Application 2018/028 for boundary fencing at Lot 7 DP 1193183, 15 Foys Drive, Molong, be deferred.

 

17/10/31

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 (noting the absence of Clr Durkin – apology) as follows:

 

For: Clrs K Beatty, J Jones, M Nash, P Mullins, G Treavors, C Newsom, J Weaver, P Batten, K Walker, L Oldham and I Davison.

 

Against: Nil

 

 

It was noted the time being 3.26pm Clr Beatty rejoined the meeting and resumed the Chair.

 

 

ITEM - 28 QUESTIONS FOR NEXT MEETING

 

Proceedings in Brief

Clr Newsom requested a report to Council regarding rezoning land, Lot 3 DP 842135, Battery Lane, Canowindra.

Clr Treavors requested a report to Council regarding Byng Rural Fire Service’s concerns regarding the conditions of Byng Road.

 

Motion (Davison/Treavors)

 

THAT Council receive a report at the next Council meeting in relation to questions asked/matters raised where necessary.

 

17/10/32

Carried

 

It was noted, the time being 3:31pm Clr Jones left the Chambers.

 

 

ITEM - 29 BUSINESS PAPER ITEMS FOR NOTING

 

Proceedings in Brief

There were nil items called for further consideration.

 

Motion (Nash/Treavors)

 

THAT the notation items be noted.

 

17/10/33

Carried

 

It was noted, the time being 03:33pm Clr Jones rejoined the meeting.

 

 

ITEM - 30 MATTERS OF URGENCY

 

Proceedings in Brief

There were nil matters of urgency.

 

Motion (Walker/Oldham)

 

THAT it be noted there were nil matters of urgency.

 

17/10/34

Carried

 

 

ITEM - 31 COMMITTEE OF THE WHOLE SECTION OF THE MEETING

 

Motion (Newsom/Nash)

Recommendation

 

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

 

17/10/35

Carried

 

 

ITEM - 17 RESCISSION MOTION - ORANA HOUSE

 

Proceedings in Brief

Clr Weaver stated her concern was that there were no community meetings held, people should be able to have their say and until that happens the property should be withdrawn from the market.

Clr Nash noted that in respect of previous Council, that councillors attended Canowindra and inspected Orana House, former Court House and the HACC building. Council at the time thought they were doing a good thing for the community, Orana House is in bad repair and is going to cost council a lot of money to fix.

The General Manager stated that Council have been misinformed consistently, minutes did not reflect council’s position as outlined at the community meeting held which representatives from Council attended, letters from organisations, stating the building HACC building was unsuitable for use by Alcoholics Anonymous or Narcotics Anonymous due to having front access only when there is in fact back access to the building available.

Clr Newsom stated that there is no business plan showing cash flows, and understands there was a motion passed at the community meeting regarding community consultation not being held. Clr Newsom noted there is nothing to back up the financial sustainability of the committee, the committee have stated that St Vincent’s have agreed to assist financially with rates and electricity, but the letter from St Vincent’s states they would consider the request only.  From a business point of view it would seem that it is not financially viable to run it.

Clr Walker stated he fully supported the General Manager’s statement but also hopes more community consultation will help the situation.

Clr Davison noted on inspection of building it was in a very bad condition and questioned where Council stands legally if a wall was to fall, is there an insurance risk to Council.

Clr Walker queried if Council had another structural assessment done.

The General Manager stated that Cook & Roe Structural Engineers have completed a further structural assessment. The report states a lot of repairs are required, there is no specific statement suggesting it shouldn’t be occupied but it should be noted the cost to repair the building are a lot more than the value of property.

Clr Weaver stated she was approached from community and the concern was  the community felt as though Council is against them and why Council would put the property on the market without consultation with the public. Clr Weaver expressed that she would just like the community to have the opportunity to raise their concerns.

 

RECOMMENDATION (Weaver/Walker)

 

THAT Council rescind the following motion resolved at the Council meeting held 25 July 2017:-

ITEM – 11 ORANA HOUSE

 

MOTION (Nash/Dean)

THAT:

1.   The information outlined in the report be noted.

2.   Council proceed with the sale of Orana House as previously resolved.

3.    Alternate locations be sourced to accommodate current user groups of Orana House.

 

1.

Carried

 

 

RECOMMENDATION (Mullins/Weaver)

THAT the proposed sale of the property known as “Orana House”, Ferguson Street Canowindra, be suspended allowing further community consultation on its future.  

 

2.

Carried

 

 

ITEM - 32 GOVERNANCE, RISK MANAGEMENT AND BUSINESS IMPROVEMENT COMMITTEE

 

Recommendation (Treavors/Nash)

 

THAT Council endorse the temporary reappointment of Steve Kent (Chair) and Phillip Burgett as independent members of the Governance, Risk Management and Business Improvement Committee pending the review of the Committee Charter.

 

3.

Carried

 

 

ITEM - 33 REQUEST FOR DONATION

 

Recommendation (Nash/Newsom)

 

THAT Council contribute $6,250 from the Community Facilitation Fund to the Raising for the Read Triplets Trust.

 

4.

Carried

  

It was noted the time being 4.04pm 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.

 

5.

Carried

 

 

ITEM - 2    DEBT RECOVERY REPORT OF OUTSTANDING DEBTS

 

Recommendation (Walker/Davison)

 

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.

 

6.

Carried

 

 

ITEM - 3    REQUEST FOR CONSIDERATION OF WATER/SEWER CHARGES 771000007

 

Recommendation (Davison/Batten)

 

That Council advise the owners of 4028000000 that no reduction will apply to water/sewer charges.

 

7.

Carried

 

 

ITEM - 4    REQUEST FOR CONSIDERATION OF WATER CHARGES 994008000006

 

Recommendation (Oldham/Mullins)

 

THAT Council reduce the level of charges to the first level of charges for consumption on account 994008000006.

 

8.

Carried

 

 

ITEM - 5    REQUEST FOR REVIEW OF PENSION REBATE A80290

 

Recommendation (Treavors/Jones)

 

That Council grant pension rebate backdated for an additional four years for assessment A80290.

 

9.

Carried

 

*

ITEM - 6    PROPOSAL FOR ESTABLISHMENT OF A TRUCK WASH AT MOLONG - LAND ACQUISITION

 

Recommendation (Nash/Batten)

 

THAT Council:

 

1.   Acquire the land known as Lot 30 DP 130510 for the amount mentioned in the report;

2.   Classify the land as operational;

3.   Authorise the affixing of the Common Seal on the contract documents; and

4.   Prepare a Planning Proposal for rezoning of the subject land to permit the use of the site for a truck wash facility.

 

10.

Carried

 

 

ITEM - 7    LAND ACQUISITION OF PART OF THE LAND FOR CUMNOCK SERVICE RESERVOIR CONSTRUCTION UNDER RESTART NSW REGIONAL WATER SECURITY FOR REGIONS PIPELINE PROJECT

 

Recommendation (Nash/Treavors)

THAT Council:

1.   Authorise the purchase of 2,172 square metre (m2) of land from Lot 197 DP 753251 for a total purchase price as stated in the report, for the construction of Cumnock service reservoir.

2.   Agree to pay all reasonable legal fees, survey fees and plan lodgement fees associated with the purchase.

3.   Endorse subdivision of the said land for the purpose of constructing new Cumnock water service reservoir as shown in the Annexures 1 Acquisition plan – Cumnock service reservoir  in accordance with the Part 2 Division 1 Subdivision 38 Clause 2.75 (f) of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

4.   Authorise the affixation of the Common Seal and appropriate signatures on the associated subdivision and land transfer documents.

5.   Classify the acquired land as operational.

 

11.

Carried

 

*

ITEM - 8    OFFERS TO PURCHASE OR LEASE LOT 87 DP1100661 CASUARINA DR, EUGOWRA

 

Recommendation (Nash/Mullins)

 

THAT Council:

 

1.    Sell Lot 87 DP 1100661, Casuarina Drive, Eugowra;

2.    List the property with local real estate agents as outlined in the proceedings in brief; and

3.    Affix the Common Seal to transfer and sale documents.

 

12.

Carried

 

 

ITEM - 9    COURT OF APPEAL

 

Recommendation (Weaver/Nash)

 

THAT Council authorise the affixing of the Common Seal to the Deed of Release between Cabonne Council, Minister for Local Government, State of New South Wales, the Acting Chief Executive of the Office of Local Government and Mr Richard Pearson.

 

13.

Carried

 

 

ITEM - 10 VARIATION TO COUNCIL'S DEED OF AGREEMENT (RNSW757) WITH INFRASTRUCTURE NSW - ORANGE TO MOLONG PIPELINE PROJECT STAGE 1

 

Recommendation (Walker/Weaver)

 

THAT Council:

 

1.   Submit an application to Infrastructure NSW for a variation to the Restart NSW Funding Deed as detailed in the report for their acceptance.

 

2.   Authorise the affixing of the Common Seal of Council and appropriate signatures on the revised Restart NSW Deed (RNSW757) for the Stage one Orange to Molong Pipeline should the application be successful.

 

14.

Carried

 

It was noted the time being 4.20pm the Mayor resumed the Ordinary meeting.

 

 

REPORT & RESOLUTIONS OF COMMITTEE OF THE WHOLE

 

Motion (Nash/Treavors)

 

THAT the Report and Recommendations of the Committee of the Whole Meeting held on Tuesday 24 October, 2017 be adopted.

 

17/10/36

Carried

 

 

 

There being no further business, the meeting closed at 4.21pm.

 

 

 

CHAIRMAN.

 

 

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