Minutes of Ordinary Meeting

PRESENT Clr K Beatty (in the Chair), 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 An apology was tendered on behalf of Clr Jones for his absence from the meeting.
	Motion (Davison/Nash) THAT the apology tendered on behalf of Clr Jones be accepted and the necessary leave of absence be granted.
18/07/01	Carried

	ITEM - 2 DECLARATIONS OF INTEREST
	Proceedings in Brief Clr Oldham declared an interest (identified as an actual conflict of interest, pecuniary) in Item 17 as Jayes Gallery benefited from Arts Out West advertising and promotion and she is also on the advisory board. Clr Newsom declared an interest (identified as an actual conflict of interest, pecuniary) in Item 18 as her daughter is the publisher of the Canowindra Phoenix. Clr Batten declared an interest (identified as a perceived conflict of interest, non-significant, non-pecuniary) in Item 18 due to being a member of Molong Advancement Group who are organising and conducting the Molong Village Markets. Clr Mullins declared an interest (identified as an actual conflict of interest, pecuniary) in Item 18 due to owning Molong Express and providing paid advertising for the Molong Village Markets. Clr Durkin declared an interest (identified as an actual conflict of interest, significant non-pecuniary) in Confidential Item 4 due to being personal friends with the applicant for the Canowindra Swimming Pool contract. Clr Walker declared an interest (identified as an actual conflict of interest, pecuniary) in Confidential Item 7 as he is a Board Member and the Public Officer of the Canowindra Services Club. Clr Walker declared an interest (identified as a perceived conflict of interest, non-significant non-pecuniary) in Confidential Item 11 due to having a personal association with the ratepayer.
	Motion (Durkin/Oldham) THAT the declarations of interest be noted.
18/07/02	Carried

	ITEM - 3 DECLARATIONS FOR POLITICAL DONATIONS
	Proceedings in Brief There were nil declarations for political donations.
	Motion (Nash/Durkin) THAT it be noted there were nil declarations for political donations.
18/07/03	Carried

It was noted the time being 2.09pm there was a Youth of the Month presentation made to Molong Central School student Matthew Beuzeville.

	ITEM - 4 MAYORAL MINUTE - APPOINTMENTS
	Proceedings in Brief 26/06/18 – Attended Molong Office for business paper review with General Manager, Directors, Deputy Mayor and Clr Nash. Attended the May Ordinary Council Meeting. 27/06/18 – Attended the Molong Office for a meeting with the General Manager. Interview with Neil Gill radio program. Interview with Prime TV. 28/06/18 – Interview with Bathurst 2BS. Meeting with the General Manager. Attended funding announcement for Four Mile Creek Road with Rick Colless. Meeting with Rick Colless regarding Stronger Country Communities and visiting the Cumnock and Yeoval water pipeline construction. 04/07/18 – Attended Molong Office for the General Manager’s performance review with Clr Walker and Clr Nash. Conducted a review with the General Manager. 05/07/18 – Attended Yeoval Central School Careers Day. 10/07/18 – Attended Molong Office. Meeting with Regis Resources Gold Project. Meeting with Australian Museum CEO. Attended Molong Office for Public Forum and Workshop. Meeting with Marj Bollinger, General Manager and Clr Batten. 11/07/18 – Attended Orange 360 meeting in relation to Orange, Blayney and Cabonne Cycling Project. 20/07/18 Attended Canowindra in relation to the official opening of Bendigo Bank. 23/07/18 Attended Molong Office for meeting with the General Manager in relation to the General Manager’s Performance Review.
	Motion (Beatty/-) THAT the information contained in the Mayoral Minute be noted.
18/07/04	Carried

ITEM - 5 COMMITTEE OF THE WHOLE

Motion (Davison/Durkin)

THAT it be noted there were nil items called to be debated in Committee of the Whole.

18/07/05

Carried

ITEM - 6 GROUPING OF REPORT ADOPTION

Motion (Durkin/Oldham)

THAT Items 7 to 10 be moved and seconded.

18/07/06

Carried

ITEM - 7 CONFIRMATION OF THE MINUTES

Motion (Durkin/Oldham)

THAT the minutes of the Ordinary meeting held 26 June 2018 be adopted.

18/07/07

Carried

ITEM - 8 REVIEW OF ORGANISATIONAL STRUCTURE

Motion (Durkin/Oldham)

THAT Council’s organisational structure consisting of the General Manager, Finance and Corporate Services, Engineering and Technical Services and Environmental Services Departments be endorsed.

18/07/08

Carried

ITEM - 9 DELEGATION OF AUTHORITY

Motion (Durkin/Oldham)

THAT subject to not receiving direction from the Council as to the consideration of any particular matter by the Council itself, and subject to the requirements of the Local Government Act 1993 and Regulations thereunder and any express policy of the Council or regulations of any public authority other than the Council and pursuant to the powers conferred on Council by s377 of the Local Government Act 1993, the General Manager, Stephen John Harding, be authorised to exercise or perform on behalf of the Council the powers, authorities, duties and functions as follows:

1. The powers, functions and duties of Council other than those specified in s377(1) of the Local Government Act 1993, as being not permissible to delegate.

18/07/09

Carried

ITEM - 10 EXCLUSIVE LICENCE TO QUARRY - SMALL MINES

Motion (Durkin/Oldham)

THAT Council authorise the affixing of the Common Seal to the Exclusive License to Quarry agreements of the following small mines:

1. Bennetts Pit – N6

2. Christophersons Pit – S3

3. Coadys Pit – N66

4. Manildra Common – S21

5. Reynolds Pit – N177

18/07/10

Carried

	ITEM - 11 2018 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE
	Proceedings in Brief Clr Oldham noted that she would like to see that Council attend the conference with two observers. Clr Mullins suggested Council consider amending the number of attendees to allow all councillors the opportunity to attend at least once in their term of Council. It was agreed that Clrs Nash, Oldham, Treavors and Mullins attend the conference this year. Clr Davison requested that the Right to Farm legislation and the Federal Government’s Population Policy be submitted for discussion at the conference.
	Motion (Oldham/Nash) THAT Council: 1. Be represented at the 2018 Local Government NSW Annual Conference by the Mayor or his delegate, four observers nominated by Council, and the General Manager or his alternate delegate in an advisory capacity; and 2. Identify issues and/or motions to be submitted to the conference. 3. Reschedule the October Council meeting to Tuesday 30 October 2018.
18/07/11	Carried

	ITEM - 12 CUDAL COMMUNITY CHILDREN'S CENTRE
	Proceedings in Brief The General Manager advised the Cudal Community Children’s Centre had now been contacted by the Department of Education regarding the length of the lease and that an additional two years was required for security for the lease.
	Motion (Walker/Weaver) THAT Council extend the current lease agreement with the Cudal Community Children’s Centre for Lot 1 DP 1103344, 15 Main Street Cudal for two years.
18/07/12	Carried

ITEM - 13 INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN FINAL QUARTER REVIEW

Motion (Weaver/Durkin)

THAT the update of the Operational Plan to 30 June 2018, as presented be adopted.

18/07/13

Carried

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

Motion (Nash/Newsom)

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 Corrupt Conduct – Reporting to ICAC Policy, Donations Policy, Privacy Management Policy, Public Interest Disclosures (Internal Reporting) Policy, Policing in the Cabonne Area Policy, Communications and Media Policy and Cabonne Council CHSP Policies and Procedures (recommended changes detailed in report) be adopted.

18/07/14

Carried

ITEM - 15 REVOTED EXPENDITURE FOR UNCOMMENCED WORK LISTED IN THE 2017/2018 BUDGET

Motion (Walker/Batten)

THAT the works listed in the attachment be included in the 2018/2019 budget.

18/07/15

Carried

ITEM - 16 CARRY FORWARD OF INCOMPLETE WORKS COMMENCED IN THE 2017/2018 BUDGET AS AT 30 JUNE 2018

Motion (Nash/Weaver)

THAT the works listed in the annexure be carried forward from the 2017/2018 budget to the 2018/2019 budget.

18/07/16

Carried

It was noted the time being 2.30pm that Clr Oldham declared an interest (identified as an actual conflict of interest, pecuniary) in the following item as Jayes Gallery benefited from Arts Out West advertising and promotion and she is also on the advisory board and left the Chamber.

	ITEM - 17 ARTS OUT WEST MEMBERSHIP
	Proceedings in Brief Clr Mullins suggested Fran or another representative from Arts Out West be invited to a future workshop to address Council and discuss ways to encourage more businesses to participate.
	Motion (Batten/Durkin) THAT Council pay the annual fee of $9,757.61 to be a member of Arts Out West and invite a representative to address Council.
18/07/17	Carried

It was noted the time being 2.31pm Clr Oldham returned to the Chamber.

	ITEM - 18 EVENTS ASSISTANCE PROGRAM 2018/19
	It was noted the time being 2.33pm Clr Newsom declared an interest (identified as an actual conflict of interest, pecuniary) in the following item as her daughter is the publisher of the Canowindra Phoenix and left the Chamber.
	Proceedings in Brief Canowindra Christmas in July Clr Mullins noted that the application does not state what the $500 is being spent on. The General Manager advised that the money will be spent on prizes. Clr Oldham noted that it should be declared on the prizes that they are funded by a Council donation. Clr Davison noted that the event is a commercial operation. Clr Batten advised that although it is a commercial operation it is something positive for Canowindra so long as Council are identified as donating the $500. The Community Engagement and Development Manager stated that the application was to offset the cost of promotion, marketing and prizes and that it is a requirement/condition to acknowledge Council in promotional material and media.
	Motion (Weaver/Nash) THAT Council: 1. Approve funding of $500 for the Canowindra Christmas in July event under the 2018/2019 Events Assistance Program (EAP); and 2. Advise the organiser that Council wishes to be identified as donating to the event and the Mayor or another Council representative will attend the presentation.
18/07/18	Carried
	It was noted the time being 2.44pm Clr Newsom returned to the Chamber.
	It was noted the time being 2.45pm Clr Mullins declared an interest (identified as an actual conflict of interest, pecuniary) in the following item due to owning the Molong Express and providing paid advertising for the Molong Village Markets and left the Chamber.
	Proceedings in Brief Molong Village Markets / Cargo Village Markets Clr Davison noted that Cargo Village Markets are on the same time as Molong Village markets and there is a clash between the dates, he suggested that the two groups discuss dates for the future to avoid another clash. The General Manager clarified that they are set on the same weekend but separate days. Clr Batten advised that Molong Advancement Group have had discussions regarding the issue. The Community Engagement and Development Manager noted that Council’s Tourism and Community Development Coordinator tried to convince both parties to work out different dates but it was not a success.
	Motion (Treavors/Nash) THAT Council approve funding of $500 for the Molong Village Market event under the 2018/2019 Events Assistance Program (EAP).
18/07/19	Carried
	It was noted the time being 2.48pm Clr Mullins returned to the Chamber.
	Proceedings in Brief Canowindra Baroquefest Clr Davison queried why the funding amount for Canowindra Baroquefest has increased this year. The Community Engagement and Development Manager advised that the amount has increased this year as it incorporates the Big Little Histories of Canowindra.
	Motion (Nash/Oldham) THAT Council approve funding under the 2018/2019 Events Assistance Program (EAP) for the following events: 1. Canowindra Baroquefest $3,000 2. Cargo Village Markets $500 3. Australian National Field Days $2,500 4. Central West Charity Tractor Trek $1,500 5. Molong Spring Arts Festival $500 6. Canobolas Endurance Rider Bullio Cup $500
18/07/20	Carried

ITEM - 19 REQUEST FOR HERITAGE FUNDING - REPAIRS TO YARN MARKET'S COACH HOUSE, GIDLEY STREET, MOLONG.

Motion (Durkin/Oldham)

THAT council allocate $1,500 of the 2018/2019 Local Heritage Fund to the Yarn Market Association Ltd for repairs to the exterior of the coach house situated upon Lot 24 DP 593344, Gidley Street, Molong.

18/07/21

Carried

	ITEM - 20 BE SEEN BE SAFE CAMPAIGN
	Proceedings in Brief Clr Davison queried if Council have a financial obligation to support the campaign. The General Manager clarified that Council does not have a financial obligation. Clr Batten queried the safety of vehicles travelling that already have flashing lights and is not sure if it should be mandatory where vehicles have lights that could be at eye level for other vehicles. The Director of Engineering and Technical Services advised that there has been discussions with the Depot Coordinator and the policy will only be implemented on vehicles that fit the purpose.
	Motion (Nash/Weaver) THAT Cabonne Council support the Be Seen Be Safe campaign by creating a drive with your headlights on 24/7 policy for all fleet and plant vehicles.
18/07/22	Carried

	ITEM - 21 QUESTIONS FOR NEXT MEETING
	Proceedings in Brief Clr Oldham requested a report on the feasibility of Council conducting an acquisitive art prize, detailing how it could operate and the costs involved. Clr Durkin requested a report, in consultation with the RMS, relating to the pedestrian crossing in Tilga Street, Canowindra (near the school). Clr Nash requested a report detailing the likelihood of a Return and Earn Deposit machine located in Cabonne. Clr Davison requested an update regarding the Age of Fishes. The General Manager advised that a new agreement has been sent out and representatives from the Australian Museum will address Council at the September Workshop.
	Motion (Oldham/Durkin) THAT Council receive reports at the next Council meeting in relation to the following: 1. The feasibility of Council conducting an acquisitive art prize, detailing how it could operate and the costs involved; 2. The pedestrian crossing in Tilga Street, Canowindra (near the school); 3. A Return and Earn Deposit machine being located in Cabonne.
18/07/23	Carried

ITEM - 22 BUSINESS PAPER ITEMS FOR NOTING

Motion (Durkin/Treavors)

THAT the notation items be noted.

18/07/24

Carried

ITEM - 23 MATTERS OF URGENCY

Motion (Nash/Durkin)

THAT it be noted there were nil matters of urgency.

18/07/25

Carried

ITEM - 24 COMMITTEE OF THE WHOLE SECTION OF THE MEETING

Motion (Durkin/Weaver)

THAT Council hereby resolve itself into Committee of the Whole.

18/07/26

Carried

It was noted the time being 2.58pm 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 (Weaver/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.

Carried

It was noted the time being 2.59pm that all staff were requested to leave the meeting.

It was noted the time being 3.25pm that all staff returned to the Chamber.

ITEM - 2 MAYORAL MINUTE - GENERAL MANAGER'S PERFORMANCE REVIEW

Recommendation (Beatty/-)

THAT Council note the verbal advice of the General Manager’s Performance Review from the Mayor at the meeting.

Carried

ITEM - 3 ENDORSEMENT OF PROCEEDINGS OF CONFIDENTIAL MATTERS CONSIDERED AT COMMITTEE OF THE WHOLE MEETING

Recommendation (Weaver/Nash)

THAT the Committee endorse the accuracy of the Report of the Proceedings of Confidential Matters at the Council meeting held on 26 June 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.

Carried

It was noted the time being 3.27pm Clr Durkin declared an interest (identified as an actual conflict of interest, significant non-pecuniary) in the following item due to being personal friends with the applicants for the Canowindra Swimming Pool contract and left the Chamber.

ITEM - 4 CONTRACT 928328 MANAGEMENT OF CANOWINDRA SWIMMING POOL, GASKILL STREET, CANOWINDRA, NSW, 2804

Recommendation (Walker/Weaver)

THAT Council accept the tender from Margaret Duguid for management and operation of the Canowindra Swimming Pool situated at Gaskill Street Canowindra from 1October 2018 to 31 March 2019 at the tendered price of $50,000 including GST.

Carried

It was noted the time being 3.28pm Clr Durkin returned to the Chamber.

ITEM - 5 CONTRACT 933807 RESTORATION OF ORANA HOUSE CANOWINDRA NSW 2804

Recommendation (Nash/Weaver)

THAT Council accept the tender from Dobsonei Pty Ltd for the restoration of Orana House situated at Ferguson Street Canowindra at the tendered price of $105,469.40 including GST.

Carried

ITEM - 6 LEGAL ACTION

Recommendation (Walker/Durkin)

THAT Council pursue option 1 as outlined in the report.

Carried

It was noted the time being 3.28pm Clr Walker declared an interest (identified as an actual conflict of interest, pecuniary) in the following item as he is a member of the Canowindra Services Club Board and also Public Officer and left the Chamber.

ITEM - 7 REQUEST FOR CONSIDERATION OF SEWER CHARGES FOR ACCOUNT 9168000009

Motion (Batten/Weaver)

THAT Council reduce the sewer cost to an average water consumption for four billing periods and write off $2,214.52 and interest accrued for account 9168000009.

Carried

It was noted the time being 3.29pm Clr Walker returned to the Chamber.

ITEM - 8 REQUEST FOR CONSIDERATION OF WATER CHARGES FOR 4553680002

Recommendation (Mullins/Nash)

That Council reduce the consumption charges to the first level of charging for billing periods ending 31 January 2018 and 30 April 2018 for account 4553680002 and once paid write off the interest accrued.

Carried

ITEM - 9 REQUEST FOR CONSIDERATION OF WATER CHARGES FOR 808000004

Recommendation (Nash/Newsom)

That Council reduce the consumption costs by 50% for account 808000004 and once paid, write off the interest accrued.

Carried

ITEM - 10 REQUEST FOR CONSIDERATION OF WATER CHARGES FOR 4667121109

Recommendation (Weaver/Batten)

THAT Council reduce the consumption cost for account 4667121109 by 50% and write off $726.95 and interest accrued after payment of remaining charges.

10.

Carried

It was noted the time being 3.30pm Clr Walker declared an interest (identified as a perceived conflict of interest, non-significant non-pecuniary) in Confidential Item 11 due to having a personal association with the ratepayer and left the Chamber.

ITEM - 11 REQUEST FOR CONSIDERATION OF INTEREST CHARGES FOR RATES A15437 AND SEWER ACCOUNT 2884000007

Recommendation (Nash/Batten)

THAT Council write off interest charges of $180.97 from A15437 and $276.20 from 2884000007 for 2017/2018 and if regular payments are maintained, write off interest for 2018/2019.

11.

Carried

It was noted the time being 3.32pm Clr Walker returned to the Chamber.

ITEM - 12 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.

12.

Carried

It was noted the time being 3.33pm the mayor resumed the Ordinary meeting.

REPORT & RESOLUTIONS OF COMMITTEE OF THE WHOLE

Motion (Walker/Batten)

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

18/07/27

Carried

There being no further business, the meeting closed at 3.35.pm.

CHAIRMAN.

Chairman of the Ordinary Meeting of Cabonne Council held on the 28 August, 2018 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.