Minutes of Ordinary Meeting

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.

ITEMS FOR DETERMINATION

	ITEM - 1 APPLICATIONS FOR LEAVE OF ABSENCE
	Proceedings in Brief There were nil applications for leave of absence.
	Motion (Oldham/Weaver) THAT it be noted there were nil applications for leave of absence.
18/04/01	Carried

	ITEM - 2 DECLARATIONS OF INTEREST
	Proceedings in Brief Clr Beatty declared an interest (identified as a perceived significant non-pecuniary interest) in item 27 as the applicant is a sponsor of, and Clr Beatty is an active member of, Molong Players.
	Motion (Durkin/Nash) THAT the declaration of interest be noted.
18/04/02	Carried

	ITEM - 3 DECLARATIONS FOR POLITICAL DONATIONS
	Proceedings in Brief There were nil declarations for political donations.
	Motion (Durkin/Davison) THAT it be noted there were nil declarations for political donations.
18/04/03	Carried

It was noted the time being 2.07pm there were Youth of the Month presentations for March and April made to Julia Stanley and William Wright.

	ITEM - 4 MAYORAL MINUTE - APPOINTMENTS
	Proceedings in Brief Clr Weaver Attended CCTAC meeting at the Age of Fishes Museum in Canowindra, noting this is the first time in many years the meeting has been held outside of the Molong Chambers. Attended the libraries inspection tour at Molong, Manildra and Canowindra. Clr Jones 7/4/18 – Attended the Cumnock Long White Lunch (sponsored by Cabonne). 10/4/18 – Attended the Eugowra Progress Association AGM. 12/4/18 – Attended the Molong Advancement Group meeting. 15/4/18 – Attended the dedication of the new Molong War Memorial. Clr Newsom Attended Canowindra Business Chamber AGM, noting that the positions were re-elected. President – Graham Beasley, Vice President – Mark Gardner, Secretary/Treasurer – Paid Position, Publicity Officer – Haydn Jobson. Attended the Eugowra Progress Association AGM, noting that all positions were re-elected with existing. Mayor 27/3/18 – Attended Molong office for business paper review with General Manager, directors and Clr Batten. Attended the March Ordinary Council meeting. 28/3/18 – Attended United Church Hall Molong for luncheon and speech. 3/4/18 to 12/4/18 – Away on leave. 13/4/18 – Attended Molong office for meeting with General Manager. 14/4/18 – Attended Robertson Park Orange for the Rural Fire Service thank you BBQ. 15/4/18 – Attended Molong Village Green in relation to dedication ceremony RSL Cenotaph. Rick Colless from Australian National Party in attendance. 16/4/18 – Attended Molong office for meeting with General Manager and Rick Colless. 18/4/18 – Attended Molong office for meeting with General Manager. Meeting with Windera Ratepayers Association. Meeting with Cheryl Walters from UPA Orange. Meeting with Goldings in relation to land issue at Long Point. 19/4/18 – Attended Eugowra SES service awards presentation. 20/4/18 – Attended Orange CWA with Deputy Mayor Clr Durkin. Met with Andrew Gee and Deputy Prime Minister Michael McCormack.
	Motion (Beatty/-) THAT the information contained in the Mayoral Minute be noted.
18/04/04	Carried

	ITEM - 5 COMMITTEE OF THE WHOLE
	Proceedings in Brief It was noted that Clr Treavors called Items 8 and 23 to be debated in Committee of the Whole. It was noted that Clr Davison called items 12, 17 and 27 to be debated in Committee of the Whole. It was noted that Clr Batten called item 18 to be debated in Committee of the Whole.
	Motion (Oldham/Weaver) THAT the items called be debated in committee of the whole.
18/04/05	Carried

	ITEM - 6 GROUPING OF REPORT ADOPTION
	Proceedings in Brief It was noted that Clr Treavors called item 8 to be further considered.
	Motion (Jones/Nash) THAT: 1. Item 8 be further considered; and 2. Items 7, 9 and 10 be moved and seconded.
18/04/06	Carried

ITEM - 7 CONFIRMATION OF THE MINUTES

Motion (Jones/Nash)

THAT the minutes of the Ordinary meeting held 27 March 2018 be adopted.

18/04/07

Carried

ITEM - 9 NEW COMMUNITY TRANSPORT POLICY

Motion (Jones/Nash)

THAT Council adopt the Community Transport Policy, “Working with Clients who have exited the Criminal Justice System”

18/04/08

Carried

ITEM - 10 ACQUISITION OF LAND FOR EURIMBLA BRIDGE

Motion (Jones/Nash)

THAT Council;

1. Authorise the purchase of 2,179 sq m of land from Lot 66 DP 753225 for a purchase price of $1,500 and to construct a new fence along the new boundary line.

2. Authorise the purchase of 350 sq m of land from Lot 39 DP 665708 for a purchase price of $500, as well as $600 in fencing compensation.

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

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

18/04/09

Carried

	ITEM - 11 2018 NATIONAL GENERAL ASSEMBLY
	Proceedings in Brief Clr Davison stated that there had been no council attendance for some time. The Mayor advised that after receiving the invitation the General Manager undertook some research, he found that 75% of other Centroc councils attend and agrees that council should attend. Clr Davison suggested that council raise the right to farm issue at the event.
	Motion (Davison/Nash) THAT Council authorise the Mayor and General Manager to attend the 2018 National General Assembly.
18/04/10	Carried

	ITEM - 13 APPOINTMENT OF ADVISORY COMMITTEE FOR THE MOLONG MULTI PURPOSE SPORTING FACILITY
	Proceedings in Brief Clr Weaver queried if there would be a councillor representative on the committee. The Mayor advised that if a councillor wished to be a representative there should be no issue. Clr Jones stated he would like to be a representative on the committee. Clr Batten raised concern that there could be a conflict of interest. The General Manager clarified that the committee will not be dealing with operational issues and is only advisory. He noted that should the committee become a Section 355 committee that would change, at this stage the committee do not want to be a Section 355 committee of council.
	Motion (Weaver/Jones) THAT Council: 1. Create the Multi-Purpose Sporting Facility Advisory Committee. 2. Appoint the following members to the committee: Clr Jones, Naomi Schroder, Paul Evans, Joe Clayton, Linda Milne, Chloe Jones, Troy Warner, Ben Brown, Andy Hicks and Hugh Gardiner.
18/04/11	Carried

It was noted that the time being 2.27pm the Mayor resumed the ordinary meeting.

ITEM - 14 INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN THIRD QUARTER REVIEW

Motion (Durkin/Oldham)

THAT the update of the Operational Plan to 31 March 2018, as presented be adopted.

18/04/12

Carried

ITEM - 15 QUARTERLY BUDGET REVIEW

Motion (Nash/Treavors)

THAT Council note the variances in the report and authorise those changes to be made to Council’s 2017/2018 Budget.

18/04/13

Carried

	ITEM - 16 REQUESTS FOR DONATIONS
	Proceedings in Brief Clr Newsom noted that the Cruisin’ Along Fundraising Committee advised that Council’s logo is used in promotional material.
	Motion (Weaver/Walker) THAT Council donate: 1. $300 to the Cruisin’ Along fundraiser for Cancer Care Western NSW; and 2. $150 to Moyne Aged Care Plus for their Annual Fete.
18/04/14	Carried

ITEM - 19 EVENTS ASSISTANCE PROGRAM 2017/18

Motion (Nash/Treavors)

THAT Council approve funding under the 2017/2018 Events Assistance Program (EAP) for the Regional Skateboarding Competition $1,000.

18/04/15

Carried

ITEM - 20 THE VILLAGE ENHANCEMENT PROGRAM

Motion (Davison/Durkin)

THAT Council approve the Village Enhancement Program recommendations. as provided in the attachment to this report.

18/04/16

Carried

ITEM - 21 PROPOSED ROAD NAMING - WEDGETAIL ROAD, MULLION CREEK

Motion (Weaver/Oldham)

THAT Council:

1. Proceed with public consultation proposing to name the road as “Wedgetail Road”; and

2. Assuming no objections are received, proceed with the naming of “Wedgetail Road” in accordance with Section 162 of the Roads Act, 1993 and Division 2 of the Roads Regulation 2008.

18/04/17

Carried

ITEM - 22 REQUEST FOR VARIATION TO WASTE MANAGEMENT CONTRACT

Motion (Batten/Davison)

THAT Council:

1. Agree to the contract variation requested by JR Richards & Sons Pty Ltd to the Waste Collection and Recycling Processing Contract between Cabonne Council and JR & EG Richards Pty Ltd to reflect the increase in costs applied by Visy Recycling, as outlined in the attached report.

2. Affix the council seal to the contract variation documentation.

18/04/18

Carried

ITEM - 24 REQUEST FOR DONATION - DEVELOPMENT APPLICATION FEES PAID BY CUMNOCK VILLAGE PRE SCHOOL

Motion (Jones/Newsom)

THAT council donate $691.15 from its s356 budget to Cumnock Village Pre School, being the amount equivalent to Development Application, Construction Certificate & Section 68 application fees paid in association with Development Application 2018/101 for building alterations and extensions to provide an additional toilet on land described as Lot 5, Section 1, DP 5907 – 48 Obley Street, Cumnock.

18/04/19

Carried

	ITEM - 25 DEVELOPMENT APPLICATION 2018/0064 - 295 NANCARROW LANE, NASHDALE
	Proceedings in Brief The General Manager advised that the applicant had requested that the development application be withdrawn.
	Motion (Durkin/Weaver) THAT the information be noted.
18/04/20	Carried
	The Chair called for a Division of Council as required under Section 375A (3) of the Local Government Act which resulted in a vote for the motion as follows: For: Clrs K Beatty, J Jones, M Nash, P Mullins, G Treavors, C Newsom, A Durkin, J Weaver, P Batten, K Walker, L Oldham and I Davison. Against: Nil

	ITEM - 26 DEVELOPMENT APPLICATION DA2013/0117/1 REMOTE CONTROL CAR TRACK (MODIFICATION TO HOURS OF OPERATION) LOT 3 DP 866377 SMITH ROAD, CLERGATE
	Motion (Durkin/Davison) THAT Modification of Consent 2013/0117/1 for a Recreational Area (Remote Control Car Club) upon Part Lot 3 DP 866377, Smith Road, Clergate, be granted consent subject to the modified conditions attached.
18/04/21	Carried
	The Chair called for a Division of Council as required under Section 375A (3) of the Local Government Act which resulted in a vote for the motion as follows: For: Clrs K Beatty, J Jones, M Nash, P Mullins, G Treavors, C Newsom, A Durkin, J Weaver, P Batten, K Walker, L Oldham and I Davison. Against: Nil

	ITEM - 28 QUESTIONS FOR NEXT MEETING
	Proceedings in Brief Clr Mullins requested a workshop be held to brief councillors on water supply including where water is sourced, who is supplied, costs and projects. Clr Davison suggested inviting Central Tablelands Water.
	Motion (Mullins/Nash) THAT Council hold a workshop in June for councillors to be briefed on Cabonne Water Supply.
18/04/22	Carried

	ITEM - 29 BUSINESS PAPER ITEMS FOR NOTING
	Proceedings in Brief Clr Davison requested that items 6 and 9 be further considered.
	Motion (Jones/Treavors) THAT: 1. Items 6 and 9 be further considered; and 2. The balance of the items be noted.
18/04/23	Carried

ITEMS FOR NOTATION

	ITEM - 6 STATUS OF RESERVE BALANCES
	Proceedings in Brief Clr Davison suggested the Canowindra councillors meet and consider projects, noting there is $1.1M in the Canowindra Town Improvement Fund. The General Manager advised he will arrange a time to visit Canowindra and meet with councillors to go over the fund and discuss possible projects. Clr Durkin noted that council have over time spent money on various projects and the community are aware that the funds are there. Clr Nash queried why only involve the Canowindra councillors in discussions. The Mayor suggested that the meeting with the four Canowindra councillors would only be preliminary and then there could be a councillor workshop held to further consider the matter. Clr Walker queried the conditions for use of the money from the fund. The General Manager clarified that the money must be used for capital projects and cannot be used for maintenance. Clr Nash noted she does not support the motion.
	Motion (Durkin/Newsom) THAT the General Manager meet with the Canowindra councillors to discuss the Canowindra Town Improvement Fund and consider possible projects.
18/04/24	Carried

	ITEM - 9 MOLONG LIBRARY PROJECT UPDATE
	Proceedings in Brief Clr Davison questioned where the project is up to and raised concern that council could lose the grant money. The General Manager advised that council have been assured that the grant will remain in place. Clr Davison queried the cost of the building with the current design. The Director of Engineering and Technical Service advised that the cost is $950K and includes all furnishings. Clr Jones stated the designs look fantastic, are in-line with current streetscape and commends council staff for their work on the designs.
	Motion (Jones/Durkin) THAT the information be noted.
18/04/25	Carried

	ITEM - 30 MATTERS OF URGENCY
	Proceedings in Brief It was noted there were nil matters of urgency.
	Motion (Durkin/Weaver) THAT it be noted there were nil matters of urgency.
18/04/26	Carried

ITEM - 31 COMMITTEE OF THE WHOLE SECTION OF THE MEETING

Motion (Oldham/Newsom)

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

18/04/27

Carried

	ITEM - 8 APRIL 2018 EXTRAORDINARY TRAFFIC COMMITTEE
	Proceedings in Brief Clr Treavors queried the removal of signs on Archer Road, his concern being that logging trucks are still using the road. The Director of Engineering and Technical Services explained that the original weight limit was incorrect and reflects the bridge weight limit. He advised that the RMS are unable to put a weight limit to a road and the new sign will be no logging trucks permitted.
	Recommendation (Durkin/Newsom) THAT Council ratify the recommendation of the Local Traffic Committee.
1.	Carried

ITEM - 12 USER FEES FOR THE MOLONG MULTI-PURPOSE SPORTING FACILITY

Proceedings in Brief

Clr Davison queried when the fees and charges come into effect noting that the hockey club have most likely already raised their fees for the season. He also queried if the clubs are aware of the new fees.

The General Manager advised fees would commence now as the new facility is being used and is costing council money.

The Director of Finance and Corporate Services advised the fee recommended by the advisory committee was a yearly fee of approximately $310 which is a similar fee to previous years for use of sporting fields.

The General Manager clarified that the electronic key system will be for the purpose of maintaining a log of users and the meter on the lights will be a user pay as you go system. He also noted that the suggested fees are lower than Orange.

Clr Batten queried how council are defining a local user.

The Director of Finance and Corporate Services advised that a local user will be anyone within the shire.

Recommendation (Weaver/Nash)

THAT:

1. Council adopt the fees and charges for the Molong Multi-Purpose Sporting Facility as detailed in the following table:

Fees and Charges
Without Lights
Hockey Club single use fee	Per hour	$25.00
Non Club single usage fee	Per hour	$50.00
Competition games Seniors	Per team	$100.00
Competition games Juniors	Per team	$ 60.00
Non local user training fee	Per hour	$ 70.00
Tennis per court	Per hour	$ 20.00
Netball per court	Per hour	$ 20.00
Additional Lights charge	Per hour	$ 15.00

2. Council investigate installation of an electronic key system and an electronic meter on the lights, and that funds be considered in the 2018/2019 budget.

Carried

	ITEM - 17 AGE OF FISHES MUSEUM, CANOWINDRA
	Proceedings in Brief Clr Newsom suggested that council set a time frame for the workshop. The General Manager advised the matter is intended to be discussed at the May workshop.
	Recommendation (Batten/Newsom) THAT Council conduct a workshop to review current management and financial arrangements for the Age of Fishes Museum and consider future options for the tourist facility.
3.	Carried

	ITEM - 18 NSW STRONGER COUNTRY COMMUNITIES FUND - FAIRBRIDGE CHILDREN'S FARM PARK PROJECT
	Proceedings in Brief Clr Batten suggested that the Fairbridge Children’s Farm project be priority number 13 and the Australian National Field Days project be number 14. He raised concern that if council give a higher priority it will undermine the process that has been comprehensive and thorough and already has community support. Clr Mullins agreed to put the Fairbridge Children’s Farm as 13 rather than 14. Clr Davison suggested that the Fairbridge Children’s Farm project be priority 14 as council have already set priorities. The Mayor noted that previous priorities 1 to 13 have been advertised. Clr Jones stated his preference is that the Fairbridge Children’s Farm project be priority 13 as the Australian National Field Days being a commercial entity have other funding opportunities including the current cultural grants offered by the State Government.
	Recommendation (Batten/Walker) THAT the proposed Fairbridge Children’s Farm Park project be priority number 13 and the Australian National Field Days project be priority number 14.
4.	Carried

	ITEM - 23 MODIFICATION APPLICATION TO DELETE CONDITION 29 OF THE DEVELOPMENT CONSENT BEING DA 2016/128 FOR A LIMESTONE MINE AT 115 CANOMODINE LANE, CANOWINDRA
	Proceedings in Brief Clr Treavors queried why council would vote in favour of this recommendation now when there has been a rescission motion on this matter. The General Manager advised it is acting on legal advice received. Clr Mullins queried why there is no contribution to the road. The General Manager advised it is not enforceable unless there is a Section 94 plan in place.
	Recommendation (Treavors/Mullins) THAT Modification Application 2016/218/3 to delete condition 29 of the Development Consent for a Limestone Mine upon land described as Lot 201 DP 1232203, 115 Canomodine Lane, Canowindra be granted consent.
5.	Carried
	The Chair called for a Division of Council as required under Section 375A (3) of the Local Government Act which resulted in a vote for the motion as follows: For: Clrs K Beatty, J Jones, M Nash, P Mullins, G Treavors, C Newsom, A Durkin, J Weaver, P Batten, K Walker, L Oldham and I Davison. Against: Nil

It was noted the time being 3.16pm the Mayor declared an interest in the following item and left the Chamber, Clr Durkin assumed the Chair.

	ITEM - 27 DEVELOPMENT APPLICATION 2018/0084 RESTAURANT AND CELLAR DOOR 194 NANCARROW LANE, NASHDALE
	Proceedings in Brief Clr Mullins suggested the matter be postponed for one month to allow for further question from the proponent. The Director of Environment Services advised council that deferring the matter means the DA processing time is further delayed, she also stressed that councillors need to direct concerns and enquiries to the General Manager or Directors prior to the council meetings. The Director of Environment Services stated council had received two identical letters from the RMS regarding both Nancarrow Lane DA matters.
	Motion (Davison/Nash) THAT Development Application 2018/0084 at Lot B DP 179711, 194 Nancarrow Lane, Nashdale, be granted consent for a restaurant, subject to the conditions attached.
	Amendment (Mullins/Batten) THAT Development Application 2018/0084 at Lot B DP 179711, 194 Nancarrow Lane, Nashdale, be deferred to May Council Meeting.
	Recommendation (Walker/-) That the motion be put.
6.	Carried
	The amendment was put and carried becoming the motion, the motion was put and carried.
	Recommendation (Mullins/Batten) THAT Development Application 2018/0084 at Lot B DP 179711, 194 Nancarrow Lane, Nashdale, be deferred to May Council Meeting.
7.	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 Beatty – interest) as follows: For: Clrs P Mullins, G Treavors, C Newsom, A Durkin, J Weaver, P Batten, K Walker, L Oldham and I Davison. Against: Clrs Nash and Jones.

It was noted the time being 3.20pm the Mayor returned to the Chamber and resumed the Chair.

ITEM - 32 FIXING COUNTRY ROADS PROGRAM

Recommendation (Walker/Durkin)

THAT Council participate in the regional procurement process for Inspection and Condition Assessment of Bridges, being conducted by Centroc on behalf of member councils.

Carried

It was noted the time being 3.36pm the Chair announced that the Council would now be resolving into Closed Committee of the Whole.

CONFIDENTIAL ITEMS

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

Recommendation (Jones/Treavors)

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.

Carried

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

Recommendation (Nash/Jones)

THAT the Committee endorse the accuracy of the Report of the Proceedings of Confidential Matters at the Closed Ordinary Council meeting held on 27 March 2018 and notes the recommendations recorded in the Official Ordinary Minutes of that meeting are sufficient to state the general effect of the proceeding in Closed Committee.

10.

Carried

ITEM - 3 DEBT RECOVERY REPORT OF OUTSTANDING DEBTS

Recommendation (Davison/Durkin)

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.

11.

Carried

ITEM - 4 REQUEST FOR CONSIDERATION OF WATER CHARGES FOR 835000001

Recommendation (Walker/Davison)

That water consumption charges for account 835000001 be reduced to the first level of charges for the billing period ending 31 October 2017 and 30 January 2018 and interest reversed during this period.

12.

Carried

It was noted the time 3.37pm being the Mayor resumed the ordinary meeting.

REPORT & RESOLUTIONS OF COMMITTEE OF THE WHOLE

Motion (Nash/Oldham)

THAT the Report and Recommendations of the Committee of the Whole Meeting held on Tuesday 24 April, 2018 be adopted.

18/04/28

Carried

There being no further business, the meeting closed at 3.38pm.

CHAIRMAN.

Chairman of the Ordinary Meeting of Cabonne Council held on the 22 May, 2018 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.