Minutes of Ordinary Meeting

PRESENT Clr K Beatty (in the Chair), Clrs J Jones, M Nash, P Mullins, G Treavors, C Newsom, L Oldham, P Batten, K Walker, 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 Apologies were tendered on behalf of Clrs Durkin and Weaver for their absence from the meeting.
	Motion (Oldham/Nash) THAT the apologies tendered on behalf of Clrs Durkin and Weaver be accepted and the necessary leave of absence be granted.
18/05/07	Carried

	ITEM - 2 DECLARATIONS OF INTEREST
	Proceedings in Brief Clr Beatty declared an interest (identified as a perceived significant non-pecuniary interest) in item 29 as the applicant is a sponsor of, and Clr Beatty is an active member of, Molong Players. Clr Jones declared an interest (identified as a perceived non-significant non-pecuniary interest) in item 17 due to his son playing soccer for Molong Soccer Club. Clr Batten declared an interest (identified as a perceived non-significant non-pecuniary interest) in item 17 as he is a member of the Molong Show Society Incorportated.
	Motion (Davison/Newsom) THAT the declarations of interest be noted.
18/05/08	Carried

	ITEM - 3 DECLARATIONS FOR POLITICAL DONATIONS
	Proceedings in Brief There were nil declarations for political donations.
	Motion (Oldham/Jones) THAT it be noted there were nil declarations of political donations.
18/05/09	Carried

It was noted the time being 2.06pm there was a Youth of the Month presentation for May made to Jessica Burgess.

It was noted the time being 2.08pm students from Molong Central School, Yeoval Central School and Canowindra High School addressed Council.

	ITEM - 4 MAYORAL MINUTE - APPOINTMENTS
	Proceedings in Brief Clr Davison Attended the Association of Mining & Energy Related Councils (NSW) Incorporated meeting in Cobar on 11 May 2018. The business paper and minutes of the meeting were tabled for distribution to councillors. Clr Batten Attended the Cumnock Progress Association meeting, noting that the Cumnock community are excited about the Village Enhancement Program funding and appreciates Council’s support for their grant submission. Clr Newsom Attended the Canowindra Business Chamber meeting. Clr Oldham Attended the Mullion Creek Progress Association meeting and the Art Out West meeting. Mayor 24/4/18 – Attended the Molong office for business paper review with General Manager, directors, Deputy Mayor and Clr Newsom. Attended the Ordinary Council meeting. 25/4/18 – Attended the Anzac Day Dawn Service in Molong and the Anzac Day March in Molong. 28/4/18 – Attended the Canowindra Balloon Festival, carried out official duties with Deputy Mayor. 30/4/18 – Attended the Molong office for meeting with the General Manager. 1/5/18 – On leave until 12/5/18. 3/5/18 – Interview with Neil Gill radio program. 14/5/18 – Attended Eugowra with Dale Jones and recorded advertisement for Cabonne. Attended the Cudal office for meeting with Director of Engineering & Technical Services and other engineering staff. 16/5/18 – Attended Molong office for meeting with the General Manager. Attended meeting with Police Commanders Chris Taylor and Peter Atkins in relation to crime issues. Interview with Neil Gill radio program. 19/5/18 – Attended Orange City Bowling Club and official launch of the Central West Tractor Trek for 2018.
	Motion (Beatty/-) THAT the information contained in the Mayoral Minute be noted.
18/05/10	Carried

	ITEM - 5 COMMITTEE OF THE WHOLE
	Proceedings in Brief It was noted that Clr Oldham called Item 29 to be debated in Committee of the Whole.
	Motion (Davison/Walker) THAT the item called be debated in Committee of the Whole.
18/05/11	Carried

ITEM - 6 GROUPING OF REPORT ADOPTION

MOTION (Walker/Treavors)

THAT Items 7 to 13 be moved and seconded.

18/05/12

Carried

ITEM - 7 CONFIRMATION OF THE MINUTES

MOTION (Walker/Treavors)

THAT the minutes of the Ordinary meeting held 24 April 2018 and the Extraordinary Meeting held 8 May 2018 be adopted.

18/05/13

Carried

ITEM - 8 CANOWINDRA RETIREMENT VILLAGE UPDATE

MOTION (Walker/Treavors)

THAT the Mayor and General Manager be appointed as additional members to the Canowindra Retirement Village Project Working Committee.

18/05/14

Carried

ITEM - 9 PAYMENT OF EXPENSES AND PROVISION OF FACILITIES FOR MAYOR AND COUNCILLORS POLICY

MOTION (Walker/Treavors)

THAT Council:

1. Note there were no submissions relating to the adoption of the Payment of Expenses & Provision of Facilities for Mayor and Councillors Policy; and

2. Adopt the advertised draft Payment of Expenses & Provision of Facilities for Mayor and Councillors Policy including limits for expenses listed, without any changes.

18/05/15

Carried

ITEM - 10 LOCAL GOVERNMENT REMUNERATION TRIBUNAL

MOTION (Walker/Treavors)

THAT from 1 July 2018 the annual fees payable to each councillor be set at $11,860 and the additional annual payable fee to the Mayor be set at $25,880.

18/05/16

Carried

ITEM - 11 LOCAL GOVERNMENT WEEK 2018

MOTION (Walker/Treavors)

THAT councillors visit local primary schools in conjunction with an inspection of major capital projects as part of Local Government Week 2018.

18/05/17

Carried

ITEM - 12 REGIONAL ECONOMIC DEVELOPMENT STRATEGY

MOTION (Walker/Treavors)

THAT Council adopt the Orange, Blayney and Cabonne Regional Economic Development Strategy 2018–2022.

18/05/18

Carried

ITEM - 13 DRAFT CABONNE COUNCIL PLAN OF MANAGEMENT FOR COMMUNITY LAND

MOTION (Walker/Treavors)

THAT the draft Generic Plan of Management for Community Land be adopted.

18/05/19

Carried

ITEM - 14 POLICY DATABASE - REVIEW BY COUNCIL WITHIN 12 MONTHS OF ELECTION

Motion (Oldham/Nash)

THAT:

1. The policies listed in the report detailed “minor changes” be re-adopted;

2. The policies listed in the report detailed “without change” be re-adopted; and

3. The annexed draft Code of Meeting Practice Policy, Mobile Phones Policy and the Events Management Policy (recommended changes detailed in report) be adopted.

18/05/20

Carried

ITEM - 15 WESTERN REGION ACADEMY OF SPORT

Motion (Walker/Jones)

THAT Council contribute $754 to the Western Region Academy of Sport for 2018/19.

18/05/21

Carried

ITEM - 16 SENIORS' FESTIVAL

Motion (Walker/Davison)

THAT Council support the Seniors’ Festival by donating:

1. $500 to the Eugowra Lions Club

2. $500 to the Canowindra Lions Club

3. $358 to Community Transport to cover transport costs

18/05/22

Carried

It was noted Clr Jones declared an interest (identified as a perceived conflict of interest, non-significant non-pecuniary) in the following item and remained in the Chamber.

It was noted Clr Batten declared an interest (identified as a perceived conflict of interest, non-significant non-pecuniary) in the following item and remained in the Chamber.

ITEM - 17 REQUESTS FOR DONATIONS

Motion (Nash/Newsom)

THAT Council:

1. Donate $100 to Molong Show Society Inc.

2. Donate $250 to the Eugowra Mural Committee

3. Donate $300 to Molong District Soccer Club

18/05/23

Carried

	ITEM - 18 YOUNG PEOPLE TO ADDRESS COUNCIL MEETING
	Proceedings in Brief Clr Davison stated he found this year’s student addresses very interesting, especially items raised like Molong Library, recycling, CCTV and tennis court upgrades. Clr Treavors advised in relation to PCYC disco’s there are no PCYC staff available to run the discos, it was previously suggested that local schools host their own discos.
	Motion (Newsom/Davison) THAT the matters raised by young people be reported to the June Council Meeting.
18/05/24	Carried

	ITEM - 19 BRAND RECOGNITION STUDY
	Proceedings in Brief Clr Newsom queried the recommendation as she thought council had already resolved not to proceed with a rebranding strategy. Clr Batten advised he had originally suggested that a brand recognition study be undertaken to determine how well the current brand is recognised. He wished to acknowledge and commend staff for their work and noted that the results of the study indicate what council had previously thought.
	Motion (Walker/Batten) THAT Council not proceed with a rebranding strategy.
18/05/25	Carried

	ITEM - 20 CANOWINDRA FISH FOSSILS DEED OF GIFT
	Proceedings in Brief Clr Walker stressed this matter has been going on far too long and that Council need to arrange a meeting and finalise the matter. Clr Newsom queried if this matter could form part of the options/future of the Age of Fishes Museum. The General Manager advised this issue is regarding the ownership/storage of the fossils and the other issue is the management of the facility.
	Motion (Walker/Nash) THAT Council agree to a request from the Australian Museum for a meeting to further discuss the future of the Canowindra Fish Fossils
18/05/26	Carried

	ITEM - 21 PROPOSAL FOR DISC GOLF IN MOLONG
	Proceedings in Brief Clr Mullins suggested council provide feedback to the applicant regarding the proposal if council have no intention of including the proposal in its long term planning. Clr Newsom noted the proposal should not be council funded. Clr Oldham advised she thought the proposal is a good idea but the applicant should source their own funding for the project.
	Motion (Nash/Walker) THAT Council advise there are no funds allocated for a Disc Golf Course in the 2018/2019 draft budget and the proposal should be funded on a commercial basis.
18/05/27	Carried

	ITEM - 22 ADDITIONAL PROJECTS FOR 2017/2018
	Proceedings in Brief Clr Batten wished to commend staff on the work they have done and suggested the Mayor include the details of the additional projects in his Mayoral press release to inform the community of the broad spread of funds across the entire shire.
	Motion (Batten/Walker) THAT Council approve the additional projects as listed to be included in the Heavy Patching, Gravel Re-sheeting and Local Road Resealing Programs for 2017/2018.
18/05/28	Carried

ITEM - 23 DONATION OF HALL FEES FOR MOLONG SHOW SOCIETY

Motion (Jones/Davison)

THAT Council donate the hall fees for use of the Molong Community Hall for the 2018 Molong Show Society office.

18/05/29

Carried

ITEM - 24 LOCAL HERITAGE GRANT APPLICATION - REPLACEMENT FENCE AT UNITING CHURCH, SPRING HILL

Motion (Nash/Oldham)

THAT Council refuse the application as the proposed replacement fence does not represent heritage guidelines for best practise conservation of local heritage items.

18/05/30

Carried

ITEM - 25 LOCAL HERITAGE FUND APPLICATION - RESTORATION TO SHOP FRONT AT 9 BANK STREET, MOLONG

Motion (Jones/Oldham)

THAT Council allocate $1,000 of the 2018/2019 Local Heritage Fund to Elisabeth Kelly for the restoration of the shop front at 9 Bank Street, Molong.

18/05/31

Carried

ITEM - 26 REQUEST FOR DONATION - S68 FEES PAID BY CUMNOCK PRE SCHOOL AS PART OF THE DEVELOPMENT APPROVAL PROCESS

Motion (Davison/Newsom)

THAT Council donate $270.10 from its s356 budget to Cumnock Village Pre School, being the amount paid to council for submission of an s68 plumbing and drainage application associated with DA 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.

18/05/32

Carried

	ITEM - 27 MODIFICATION APPLICATION DA 2014/0092/3 FOR A BIO MASS FUEL BOILER AT LOT 270 DP 821835 DEROWIE STREET, MANILDRA
	Proceedings in Brief Clr Nash queried why the local solar farm developments are not providing any benefits to local businesses and where is the generated solar energy going. The General Manager advised all solar energy is returned to the grid and stated that all energy users have the ability to purchase green power.
	Motion (Batten/Mullins) THAT: 1. Modification Application for DA 2014/0092/3, ancillary development being a coal or steam boiler bio mass alternative fuel source (wood material), upon land described as Lot 270 DP 821835 Derowie Street, and including Lot 1 DP 1085601 Dederang Street, Manildra, be granted consent subject to the conditions attached, and 2. The words ‘for the gantry’ be added to the conclusion of the wording of Condition 6 of the development consent for DA 2014/00092/3.
18/05/33	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 Clrs Durkin and Weaver - apologies) as follows: For: Clrs K Beatty, J Jones, P Mullins, G Treavors, C Newsom, P Batten, K Walker, L Oldham and I Davison. Against: Clr M Nash

	ITEM - 28 MODIFICATION APPLICATION DA 2018/006/1 FOR SUBDIVISION OF LAND AT 545 PALINGS YARD LOOP, BOWAN PARK.
	Motion (Oldham/Jones) THAT: 1. Condition 12 of the development consent relating to DA 2018/006 for a five (5) lot subdivision of Lots 226, 227, 262, 265, 268, 269 & 284 DP 750139 and Lots 1 & 2 DP 1227775, 2522 Cargo Road, Cargo, be retained, and 2. Modification Application of DA 2018/006/1 be refused as construction of the road is required to service the proposed subdivision.
18/05/34	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 Clrs Durkin and Weaver – apologies) as follows: For: Clrs K Beatty, J Jones, M Nash, P Mullins, G Treavors, C Newsom, P Batten, K Walker, L Oldham and I Davison. Against: Nil

	ITEM - 30 QUESTIONS FOR NEXT MEETING
	Proceedings in Brief Clr Nash requested a report on the benefits of solar farms.
	Motion (Treavors/Oldham) THAT Council receive a report to the next Council meeting in relation to the benefits of solar farms.
18/05/35	Carried

	ITEM - 31 MATTERS OF URGENCY
	Proceedings in Brief It was noted there were nil matters of urgency.
	Motion (Davison/Batten) THAT it be noted there were nil matters of urgency.
18/05/36	Carried

	ITEM - 32 BUSINESS PAPER ITEMS FOR NOTING
	Proceedings in Brief It was noted that nil items were called to be further considered.
	Motion (Treavors/Walker) THAT the notation items be noted.
18/05/37	Carried

ITEM - 33 COMMITTEE OF THE WHOLE SECTION OF THE MEETING

Motion (Davison/Jones)

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

18/05/38

Carried

It was noted the time being 2.48pm Clr Beatty declared an interest (identified as a perceived significant non-pecuniary interest) in the following item and left the Chamber.

ELECTION OF CHAIR PERSON

Recommendation (Nash/Davison)

THAT in the absence of the Mayor and Deputy Mayor, Clr Walker be elected to the Chair.

Carried

	ITEM - 29 DEVELOPMENT APPLICATION 2018/0084 RESTAURANT AND CELLAR DOOR 194 NANCARROW LANE, NASHDALE
	Proceedings in Brief Clr Oldham raised her concerns in relation to the maximum seating numbers and the road upgrade expenses. The Director of Environmental Services advised the seating numbers are controlled by the development application consent with the maximum number being 240. She further clarified the road upgrade is an expense for the developer not council or the RMS. Clr Nash queried if there was an option for the development to be smaller. The Director of Environmental Services advised there is no provision in the LEP that guides maximum scale for development and the development is consistent with other similar developments in the area, for example Heifer Station. Clr Treavors queried the operational hours being open until midnight when other cellar doors are only open until 6pm. The Director of Environmental Services advised she would need to get more information on this matter but thought it may be related to running the restaurant.
	Recommendation (Mullins/Batten) THAT Development Application 2018/0084 at Lot B DP 179711, 194 Nancarrow Lane, Nashdale, be granted consent for a Concept Development Application for a Restaurant and Cellar Door, subject to the conditions attached.
2.	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 Clrs Durkin and Weaver – apologies and Clr Beatty - interest) as follows: For: Clrs J Jones, P Mullins, G Treavors, C Newsom, P Batten, K Walker and I Davison. Against: Clrs M Nash and L Oldham.

It was noted the time being 3.10pm the Mayor returned to the Chamber and resumed the Chair.

It was noted the time being 3.11pm the Chair announced that the Council would now be resolving into a Closed Committee of the Whole.

CONFIDENTIAL ITEMS

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

Recommendation (Oldham/Nash)

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

It was noted the time being 3.12pm all staff were asked to leave the Chambers.

ITEM - 2 GENERAL MANAGER'S PERFORMANCE REVIEW

Recommendation (Oldham/Newsom)

THAT Council:

1. Note the conduct of the General Manager’s annual performance review.

2. Appoint the Mayor, Deputy Mayor and Clr Nash to the performance review panel.

3. Note the appointment of an external facilitator to conduct the performance review.

4. Provide any feedback on the General Manager’s performance to the Mayor.

Carried

It was noted the time being 3.30pm staff returned to the Chambers.

It was noted the time being 3.32pm until 4.00pm Caddie Marshall addressed council regarding Orange Region Tourism branding.

ITEM - 3 CENTROC - PARTICIPATION IN A LINEMARKING CONTRACT

Recommendation (Walker/Treavors)

THAT Council agree to participate in a regional contract for line-marking services.

Carried

ITEM - 4 EXTENSION OF BITUMEN SEALING CONTRACT NO. 657587

Recommendation (Walker/Oldham)

THAT Council extend Contract No. 657857 – Supply, Delivery and Placement of Sprayed Bituminous Surfacing for a period of twelve (12) months.

Carried

ITEM - 5 REQUEST FOR CONSIDERATION OF WATER CHARGES FOR 4553680002

Recommendation (Nash/Oldham)

That Council not give any reduction to water consumption costs for account 4553680002 and offer a repayment plan and once paid write off the interest accrued.

Carried

ITEM - 6 REQUEST FOR CONSIDERATION OF WATER CHARGES FOR 994125000004

Recommendation (Nash/Jones)

THAT Council use an average water consumption of the last four billing periods for account 994125000004 and write off $246.40.

Carried

ITEM - 7 DEBT RECOVERY REPORT OF OUTSTANDING DEBTS

Recommendation (Newsom/Oldham)

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.

Carried

ITEM - 8 CONTRACT FOR SUPPLY AND DELIVERY OF COLDMIX ASPHALT

Recommendation (Davison/Walker)

THAT Council:

1. Accept and sign a contract with Boral Asphalt for the supply and delivery of Coldmix Asphalt

2. Advise Centroc of its decision

10.

Carried

It was noted that the time being 4.06pm the Mayor resumed the ordinary meeting.

REPORT & RESOLUTIONS OF COMMITTEE OF THE WHOLE

Motion (Oldham/Jones)

THAT the Report and Recommendations of the Committee of the Whole Meeting held on Tuesday 22 May, 2018 be adopted.

18/05/39

Carried

There being no further business, the meeting closed at 4.07pm.

CHAIRMAN.

Chairman of the Ordinary Meeting of Cabonne Council held on the 26 June 2018 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.