MINUTES OF THE Ordinary Council Meeting HELD AT THE COUNCIL CHAMBERS MOLONG ON Tuesday 27 February, 2018 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 - 4 MAYORAL MINUTE - APPOINTMENTS
ITEM - 5 COMMITTEE OF THE WHOLE
ITEM - 6 GROUPING OF REPORT ADOPTION
ITEM - 7 CONFIRMATION OF THE MINUTES
ITEM - 8 AUSTRALIA DAY AWARDS COMMITTEE MEETING
ITEM - 9 LOCAL GOVERNMENT CAPABILITY FRAMEWORK
ITEM - 10 INTEGRATED PLANNING & REPORTING TIMETABLE 2018
ITEM - 11 ENTERPRISE RISK MANAGEMENT - FRAUD AND CORRUPTION PREVENTION POLICY
ITEM - 12 ENTERPRISE RISK MANAGEMENT POLICY
ITEM - 13 CUDAL COMMUNITY HALL - REQUEST TO DONATE HALL USAGE FEE
ITEM - 14 DRAFT PLAN OF MANAGEMENT - MEMORIAL PARK, CANOWINDRA
ITEM - 16 PROPOSED FAIRBRIDGE CHILDREN'S COMMEMORATIVE PARK
ITEM - 17 COUNCIL PROPERTIES MANAGED BY S355 COMMITTEES..
ITEM - 18 PUBLIC ACCESS TO COUNCIL MEETINGS
ITEM - 19 AGREEMENT FOR THE PROVISION OF LIBRARY SERVICES..
ITEM - 20 INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN SECOND QUARTER REVIEW
ITEM - 21 MODEL CODE OF MEETING PRACTICE FOR LOCAL COUNCILS
ITEM - 22 REQUESTS FOR DONATION
ITEM - 23 QUARTERLY BUDGET REVIEW
ITEM - 25 LOCAL GOVERNMENT TOURISM CONFERENCE 2018
ITEM - 26 EVENTS ASSISTANCE PROGRAM 2017/18
ITEM - 27 REFURBISHMENT OF ORANA HOUSE
ITEM - 28 RESTART NSW FUNDING DEED - BANJO PATERSON WAY WIDENING
ITEM - 29 DRAFT CABONNE COUNCIL PLAN OF MANAGEMENT FOR COMMUNITY LAND
ITEM - 30 MAINTENANCE OF FAIRBRIDGE REMEMBERENCE DRIVE, MOLONG
ITEM - 32 QUESTIONS FOR NEXT MEETING
ITEM - 33 BUSINESS PAPER ITEMS FOR NOTING
ITEM - 36 FEBRUARY 2018 EXTRAORDINARY TRAFFIC COMMITTEE MEETING
ITEM - 37 CLOSURE OF ROADS IN MOUNT CANOBOLAS STATE CONSERVATION AREA
ITEM - 35 COMMITTEE OF THE WHOLE SECTION OF THE MEETING
ITEM - 24 SECOND ROUND NSW STRONGER COUNTRY COMMUNITIES FUND
ITEM - 1 CARRYING OF COUNCIL RESOLUTION INTO CLOSED COMMITTEE OF THE WHOLE MEETING
ITEM - 3 UPA PRUNUS LODGE PROPOSED DEVELOPMENT MOLONG
ITEM - 4 LOT 100 DP 1168687 BANK STREET MOLONG
ITEM - 5 REQUEST FOR CONSIDERATION OF WATER/SEWER CHARGES 4177010008
ITEM - 6 DEBT RECOVERY REPORT OF OUTSTANDING DEBTS
REPORT & RESOLUTIONS OF COMMITTEE OF THE WHOLE..
PRESENT Clr K Beatty (in the Chair), Clrs J Jones, M Nash, P Mullins, G Treavors, C Newsom, A Durkin, L Oldham, P Batten, K Walker, J 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 Administration Officer.
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Proceedings in Brief There were nil applications for leave of absence. |
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THAT it be noted that there were nil applications for leave of absence.
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18/02/06 |
Carried |
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Proceedings in Brief Clr Batten declared an interest (identified as a non-significant non-pecuniary interest) in Item 26 as he is a member of the Molong Advancement Group. Clr Weaver declared an interest (identified as a perceived non-significant non-pecuniary interest) in Item 14 as she is a member of the Canowindra RSL Sub Branch. |
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THAT the declarations of interest be noted.
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18/02/07 |
Carried |
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Proceedings in Brief There were nil declarations for political donations. |
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THAT it be noted there were nil political donations.
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18/02/08 |
Carried |
It was noted the time being 2.08pm there was an outstanding service award presentation made to retiring staff member Allan Chandler.
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Proceedings in Brief The Mayor noted his attendance at the Council Chambers to meet with the exchange students from South Korea, the welcome to the shire was great and the children were exceptionally polite. He also noted the students were completing a kangaroo wildlife enclosure project whilst in the shire. Clr Newsom noted she attended the St Joseph’s School Canowindra presentation evening and also attended the Canowindra Business Chamber meeting. Clr Davison advised he attended the Association of Mining Related Councils meeting. Clr Weaver noted her attendance at the Canowindra Australia Day Ceremony and noted guest speakers Andrew Gee and Caddie Marshall. Clr Weaver also attended the Central West Libraries meeting and met with Clr Nash & Kathy Wicks from Cargo. Clr Mullins advised he attended the Banjo Paterson Poetry Festival and presented a poem, he noted that Cabonne had won the poetry award. He stated he will recite the poem at the next Council meeting. Clr Durkin noted he attended the Centroc meeting. Clr Jones acknowledged Mr Wilfred Norris of Eugowra recipient of an Order of Australia award. The Mayor suggested that a presentation also be made to Mr Wilfred Norris on behalf of Council at a future Council meeting. Clr Batten noted he attended the Australia Day Ceremony at Cumnock. Mayor 12/12/17 – Attended Centroc meeting in Orange with General Manager. Reviewed business paper with General Manager, directors, Deputy Mayor and Clr Oldham. Attended December Council meeting and the councillors and senior staff Christmas Party. 14/12/17 – Attended Yeoval Catholic Primary School Presentation night. 19/12/17 – Attended meeting with Deputy Mayor regarding Westlime. Attended meeting with General Manager and Director Environmental Services regarding Westlime. 8/1/18 – Attended meeting at Molong Office with General Manager. 10/1/18 – Attended meeting with General Manager, David Hill and Fairbridgians. 25/1/18 – Attended meeting at Molong Office with General Manager. Attended dinner at Borenore with Australia Day Ambassador. 26/1/18 – Attended Australia Day Celebrations with Ambassador and Official Party at Nashdale, Cudal, Manildra and Yeoval. 30/1/18 – Attended Council Chambers to welcome South Korean exchange students to the Cabonne Shire. Attended Molong Office for meeting with General Manager. 31/1/18 – Attended Molong Office for meeting with General Manager and prospective business developers for the Shire. 7/2/18 – Attended Molong Office for meeting with General Manager. 8/2/18 – Attended Molong Chamber for community consultation meeting involving Canobolas Local Area Command and Business Chamber. Attended Molong Advancement Group meeting. 12/2/18 – Attended Orange with General Manager and other councillors in relation to Orange Region Tourism information. Attended Orange, Blayney and Cabonne alliance meeting with General Manager. 13/2/18 – Attended Council Chambers for extraordinary meeting and workshop. 14/2/18 – Attended Molong Office for meeting with General Manager. 16/2/18 – Attended Molong Office for meeting with General Manager in relation to a development proposal. 23/2/18 – Attended Molong Office for meeting with General Manager. Attended meeting with General Manager, directors and Donna Galvin regarding Fit for the Future forum. |
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THAT the information contained in the Mayoral Minute be noted.
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18/02/09 |
Carried |
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Proceedings in Brief It was noted that Clr Durkin called Item 24 to be debated in Committee of the Whole. |
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THAT the item called be debated in Committee of the Whole.
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18/02/10 |
Carried |
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THAT items 7 to 14 be moved and seconded.
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18/02/11 |
Carried |
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THAT the minutes of the Ordinary meeting held 12 December 2017 and Extraordinary meeting held 13 February 2018 be adopted.
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18/02/12 |
Carried |
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THAT the report and recommendations of the Australia Day Awards Committee Meeting of Cabonne Council held on 12 December, 2017 be adopted.
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18/02/13 |
Carried |
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THAT Council utilise the Local Government Capability Framework to identify professional development opportunities.
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18/02/14 |
Carried |
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THAT Council hold extraordinary Council meetings on 8 May and 12 June 2018 as required under the Integrated Planning & Reporting process.
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18/02/15 |
Carried |
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ITEM - 11 ENTERPRISE RISK MANAGEMENT - FRAUD AND CORRUPTION PREVENTION POLICY |
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THAT Council adopt the Fraud and Corruption Prevention Policy and Procedure.
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18/02/16 |
Carried |
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THAT the reviewed and updated Enterprise Risk Management Policy be adopted.
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18/02/17 |
Carried |
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ITEM - 13 CUDAL COMMUNITY HALL - REQUEST TO DONATE HALL USAGE FEE |
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THAT the hall fees be donated for the Cudal Public School annual production rehearsals.
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18/02/18 |
Carried |
Clr Weaver declared a perceived non-significant non-pecuniary interest in Item 14 as she is a member of the Canowindra RSL Sub Branch and remained in the Chamber.
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ITEM - 14 DRAFT PLAN OF MANAGEMENT - MEMORIAL PARK, CANOWINDRA |
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THAT the draft Plan of Management for Memorial Park, corner Gaskill and Blatchford streets, Canowindra be adopted.
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18/02/19 |
Carried |
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THAT, in accordance with Part 7 of Chapter 12 of the Local Government Act:
1. Council inform the Minister for Local Government (Minister) of the Council’s endorsement of the Minister recommending to the Governor the establishment of a Joint Organisation (JO) in accordance with this resolution. 2. Council approve the inclusion of the Council’s area in the Joint Organisation’s area. 3. The Joint Organisation be established to cover the Council’s area and any one or more of the following council areas: Bathurst Regional Council, Blayney Shire Council, Cabonne Council, Cowra Shire Council, Forbes Shire Council, Lachlan Shire Council, Lithgow City Council, Oberon Council, Orange City Council, Parkes Shire Council and Weddin Shire Council. 4. On the expiry of a period of 28 days from the making of this resolution, the General Manager provide the Minister: a. with a copy of this resolution including the date on which Council made this resolution, and b. inform the Minister that this resolution has not been rescinded, for the purpose of the Minister issuing a certificate under section 400P of the Act.
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18/02/20 |
Carried |
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THAT Council provide in-principle support of the proposed Fairbridge Children’s Commemorative Park and continue to liaise with the management committee regarding land usage and development requirements.
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18/02/21 |
Carried |
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Proceedings in Brief Clr Davison queried if stamp duty would be applicable. The General Manager clarified that it would form part of the negotiations but stated that most Section 355 committees are charities and they would be exempt from paying stamp duty. |
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THAT Council:
1. Authorise the General Manager to commence negotiations with s355 committees regarding the transfer of ownership of the property they manage as per legal advice received.
2. Receive a further report on the matter if any committees are interested in taking up the offer to transfer.
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18/02/22 |
Carried |
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Proceedings in Brief Clr Newsom suggested that the 5 minutes timeframe be extended to 15 minutes. The General Manager stated that it is already prescribed 5 minutes in the Code of Meeting Practice, after the allocated 5 minutes the speaker may request an extension to time, which can be granted. |
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THAT Council:
1. Continue the practice of holding a Public Forum session a fortnight before each Ordinary council meeting to enable the public to address council. 2. Adopt the guidelines in relation to the conduct of Public Forum sessions, with point 11 amended by deleting the words “for questions”.
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18/02/23 |
Carried |
It was noted that the time being 2.57pm the Mayor resumed the ordinary meeting.
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Proceedings in Brief Clr Davison stated he felt running live webcasts will be a costly exercise and will mean holding meetings at different locations will not happen in the future, he stressed that holding meetings at local schools in the past were a success. Clr Mullins noted he felt televising will be a waste of time, but if it is made mandatory and Council resists it could look like Council are afraid of change. The General Manager clarified that the submission being suggested is that if the live webcasts are made compulsory that the Government fund the cost of establishing and running them. |
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THAT Council put forward a submission that, unless the Office of Local Government are willing to fund the cost of establishment and running of live webcasts, the requirement for its inclusion in the model meeting code be optional.
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18/02/26 |
Carried |
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THAT Council:
1. Donate $500 from the s.356 budget to assist the Yeoval Preschool for their fundraising night
2. Donate $300 from the s.356 budget to the CWA for the Sponsorship of School’s Public Speaking competition
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18/02/27 |
Carried |
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THAT Council note the variances in the report and authorise the changes to Council’s 2017/2018 Budget.
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18/02/28 |
Carried |
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THAT Council’s delegate on the Country Tourism Advisory Committee, Clr Jenny Weaver and Cabonne’s Tourism and Community Development Coordinator Lynne Hawkes, be authorised to attend the Local Government Conference in Parkes from 12-14 March 2018.
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18/02/29 |
Carried |
Clr Batten declared a potential conflict of interest, of a non-significant, non-pecuniary nature in Item 26 due to being a member of the Molong Advancement Group and remained in the Chamber.
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Proceedings in Brief Clr Newsom noted that MBC is a commercial venture and Council should not be seen to be supporting a commercial enterprise. Clr Newsom also queried the amount requested. Council’s Business & Community Engagement Manager stated that the request was for $5,000 but the recommendation put to Council is for $500. Clr Mullins noted he supports Clr Newsom’s comments. Clr Batten stated he supported the amendment as women are important in Agri Business and Council do support other similar ventures. Clr Newsom noted she is against Council donating $500 and if Council do donate they should ensure all future requests that are similar get the same. Clr Jones queried the guidelines. Council’s Business & Community Engagement Manager clarified the guidelines are available on Council’s website, that Council have the final say for all applications and the assessment did fit the guidelines. |
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Motion (Jones/Davison)
THAT Council approve funding under the 2017/2018 Events Assistance Program (EAP)
1. Cumnock Show Society for $1,000 for the Long White Lunch
2. MAG for $500 for the Molong Markets
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amendment (Batten/Walker)
THAT Council approve funding under the 2017/2018 Events Assistance Program (EAP)
1. Cumnock Show Society for $1,000 for the Long White Lunch
2. MBC Molong for $500 for the Women’s Agri-Business Forum
3. MAG for $500 for the Molong Markets
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The amendment was put and lost, the motion was put and carried.
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THAT Council approve funding under the 2017/2018 Events Assistance Program (EAP)
1. Cumnock Show Society for $1,000 for the Long White Lunch
2. MAG for $500 for the Molong Markets
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18/02/30 |
Carried |
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Motion (Davison/Batten)
THAT Council hereby resolve itself into Committee of the Whole.
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18/02/31 |
Carried |
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Proceedings in Brief Clr Davison queried that there has been no resolution on how many people are actually using the facility or how much use it will get in the future. The Mayor noted that it is more an emotional and historical issue for the community as they do not believe going into the HACC office is suitable. Clr Nash said she felt Orana House would be utilised more if it is maintained. Clr Batten stated that Council should ensure the brick structure refurbishment is consistent and possibly look at cement rendering, so if the building is sold in the future it will ensure better resale value. The General Manager clarified that on further inspection of the structure it was confirmed by the structural engineer that the roof is causing the problems to the structure not the foundations. Clr Newsom queried if Cooke & Roe would be doing the work or would it go to tender. The General Manager advised that tenders would be called. |
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THAT Council approve $189,743 for the refurbishment works of Orana House from the available funding $230,000 allocated towards the refurbishment of the HACC building and Library in Gaskill Street, Canowindra.
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2. |
Carried |
It was noted that the time being 3.08pm the Mayor resumed the ordinary meeting.
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Proceedings in Brief Clr Batten requested a progress report on the Westlime negotiations.
Clr Batten requested a report on the cost benefit analysis for a tourist information centre located at the Molong railway station or the former CWA building.
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THAT Council receive a report at the next Council meeting in relation to: 1. The progress of the Westlime negotiations relating to DA 2016/128; and
2. A cost benefit analysis for a tourist information centre to be located at the Molong railway station or the former CWA building.
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18/02/36 |
Carried |
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Proceedings in Brief There were nil items called for further consideration.
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THAT the notation items be noted.
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18/02/37 |
Carried |
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Proceedings in Brief There were nil matters of urgency.
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THAT it be noted there were nil matters of urgency.
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18/02/38 |
Carried |
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ITEM - 36 FEBRUARY 2018 EXTRAORDINARY TRAFFIC COMMITTEE MEETING |
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Proceedings in Brief Clr Weaver asked that when traffic committee meetings are held on site can local councillors be informed so they can attend if they want to. The General Manager advised that the traffic committee is not a committee of council. Clr Treavors advised he attends the meetings, other councillors may attend but will have no voting rights. |
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THAT Council ratify the recommendations of the Local Traffic Committee held 1 February 2018 and 22 February 2018.
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18/02/39 |
Carried |
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ITEM - 37 CLOSURE OF ROADS IN MOUNT CANOBOLAS STATE CONSERVATION AREA |
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THAT Council decline the request to close the roads in Mount Canobolas State Conservation Area.
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18/02/40 |
Carried |
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THAT Council hereby resolve itself into Committee of the Whole to discuss matters called earlier in the meeting.
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18/02/41 |
Carried |
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ITEM - 24 SECOND ROUND NSW STRONGER COUNTRY COMMUNITIES FUND |
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Proceedings in Brief The Mayor stated that the General Manager would provide a brief background to councillors on each project, he explained the applications are tabled and that each councillor would need to prioritise the projects. The General Manager provided a brief background on each project. Clr Mullins stated he felt council should consider the two applications for long day care as it is an economic development that will attract people to live and work within shire. Clr Nash said she felt the sports precinct in Cumnock was important. The meeting was adjourned at 3.35pm to calculate priorities. The meeting resumed at 3.52pm. The General Manager advised councillors of the results. It was noted the time being 3.57pm Clr Newsom left the meeting. The General Manager advised that the first seven (7) projects fit the allocated budget totalling just over $1.6M and that the projects would be submitted in the order prioritised. Councillors requested it be recorded that it was a unanimous vote (noting the absence of Clr Newsom). |
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Recommendation (Durkin/Oldham)
THAT:
1. Council submit an application for the following projects, in priority order, under the second round of the NSW Stronger Country Communities Fund:-
i) Cumnock Progress Association Recreation Precinct Landscape Master Plan to upgrade Cumnock sports precinct, including Little Athletics facilities; ii) Cudal Community Children’s Centre long day care expansion; iii) Molong Early Learning Centre long day care expansion; iv) Cabonne Council expansion of pedestrian access mobility pathways in Browns Avenue, Canowindra (from Rodd St to Canowindra High School); v) Cabonne Council construction of pedestrian access mobility pathways in Eugowra, Cargo and Yeoval; vi) Cabonne Council construction of pedestrian access mobility pathway in Watson St, Hill St and Euchareena Rd, Molong; vii) Mullion Creek Progress Association tennis court refurbishment, including synthetic court resurfacing; viii)Cumnock Show Society pavilion expansion, including new entertaining and outdoor area; ix) Cabonne Council Molong Village Green revitalisation, including new paths, drainage, landscaping and interpretive signs; x) Canowindra Challenge Inc. Canowindra Showground upgrade, including pavilion refurbishment and major electricity upgrade; xi) East Molong Tennis Club refurbishment, including synthetic court resurfacing; xii) Lidster Tennis Club refurbishment, including synthetic court resurfacing; and xiii)Australian National Field Days information and education facility.
2. Projects, other than those included in the Cabonne Pedestrian and Mobility Plan, be placed on public exhibition for 28 days from 28 February 2018 to 28 March 2018 for public inspection and content.
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3. |
Carried |
It was noted the time being 4.01pm the Chair announced that the Council would now be resolving into a Closed Committee of the Whole.
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THAT Council authorise the Mayor and General Manager to enter into negotiations with UPA Central West Region regarding their proposed development and encroachment on Bells Lane Molong.
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6. |
Carried |
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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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9. |
Carried |
It was noted the time being 4.13pm the Mayor resumed the ordinary meeting.
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THAT the Report and Recommendations of the Committee of the Whole Meeting held on Tuesday 27 February, 2018 be adopted.
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Carried |
There being no further business, the meeting closed at 4.14pm.
CHAIRMAN.
Chairman of the Ordinary Meeting of Cabonne Council held on the 27 March, 2018 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.