MINUTES OF THE Ordinary Council Meeting HELD AT THE COUNCIL CHAMBERS MOLONG ON Tuesday 27 November, 2018 COMMENCING AT 2:03pm

Page 1

 

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     MAYORAL MINUTE - RECRUITMENT OF GENERAL MANAGER.. 3

ITEM - 6     COMMITTEE OF THE WHOLE.. 4

ITEM - 7     GROUPING OF REPORT ADOPTION.. 4

ITEM - 8     CONFIRMATION OF THE MINUTES.. 5

ITEM - 9     RURAL MANAGEMENT CHALLENGE.. 5

ITEM - 10  EXCLUSIVE LICENCE TO QUARRY.. 5

ITEM - 11  THE APPOINTMENT OF INDEPENDENT MEMBERS TO THE GOVERNANCE, RISK MANAGEMENT AND BUSINESS IMPROVEMENT COMMITTEE   5

ITEM - 12  DELEGATES TO OTHER ORGANISATIONS - COMMUNITY PEAK ORGANISATIONS.. 5

ITEM - 14  REQUEST TO FUND SURVEY FOR THE CANOWINDRA COMMUNITY BANK   6

ITEM - 15  DELEGATE TO ORANGE 360 REGIONAL TOURISM ORGANISATION   6

ITEM - 16  2018-19 COMMUNITY ASSISTANCE PROGRAM.. 7

ITEM - 17  EVENTS ASSISTANCE PROGRAM.. 7

ITEM - 18  ENTERING INTO CONTRACTS FOR THE SUPPLY AND DELIVERY OF BULK FUEL.. 7

ITEM - 19  REQUEST FOR DONATION OF DEVELOPMENT APPLICATION FEES - DA 2018/0026 - KARMA YIWONG SAMTEN LING - EXTENSIONS TO EXISTING LECTURE HALL - LOT 134 DP1091778, 1064 SANDY CREEK RD, MOLONG   7

ITEM - 20  QUESTIONS FOR NEXT MEETING.. 8

ITEM - 21  BUSINESS PAPER ITEMS FOR NOTING.. 8

ITEM - 22  MATTERS OF URGENCY.. 8

ITEM - 23  COMMITTEE OF THE WHOLE SECTION OF THE MEETING.. 9

ITEM - 13  DROUGHT COMMUNITIES PROGRAMME.. 9

CONFIDENTIAL ITEMS.. 10

ITEM - 1     CARRYING OF COMMITTEE RESOLUTION INTO CLOSED COMMITTEE OF THE WHOLE MEETING.. 10

ITEM - 2     ENDORSEMENT OF PROCEEDINGS OF CONFIDENTIAL MATTERS CONSIDERED AT COMMITTEE OF THE WHOLE MEETING.. 11

ITEM - 3     REQUEST FOR CONSIDERATION OF WATER CHARGES FOR 4752200008  11

ITEM - 4     DEBT RECOVERY REPORT OF OUTSTANDING DEBTS.. 11

ITEM - 5     ACQUISITION OF LAND - KURRAJONG ROAD, MANILDRA.. 11

ITEM - 6     SUPPLY AND INSTALLATION OF CULVERTS, FOOTPATHS, KERB AND GUTTERING IN THE CABONNE COUNCIL LGA.. 12

REPORT & RESOLUTIONS OF COMMITTEE OF THE WHOLE.. 12

 


 

 

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


Also present were the General Manager, Acting Director of Environmental Services, Director of Finance & Corporate Services, Director of Engineering & Technical 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 Durkin for his absence from the meeting.

 

Motion (Weaver/Treavors)

 

THAT the apology tendered on behalf of Clr Durkin be accepted and the necessary leave of absence be granted.

 

18/11/01

Carried

 

 

ITEM - 2    DECLARATIONS OF INTEREST

 

Proceedings in Brief

Clr Batten declared an interest (identified as an actual conflict of interest, significant pecuniary) in Item 12 as he is Chairperson and former delegate of the Molong Advancement Group.

Clr Batten declared an interest (identified as an actual conflict of interest, significant pecuniary) in Item 13 as he is Chairperson of Molong Advancement Group that submitted item 5 on the Drought Communities Program.

Clr Newsom declared an interest (identified as an actual conflict of interest, significant pecuniary) in Item 14 as she is Chairperson of the Canowindra Community Bank.

 

Motion (Jones/Oldham)

 

THAT the declarations of interest be noted.

 

18/11/02

Carried

 

 

ITEM - 3    DECLARATIONS FOR POLITICAL DONATIONS

 

Proceedings in Brief

There were nil declarations for political donations.

 

Motion (Oldham/Nash)

 

THAT it be noted there were nil declarations for political donations.

 

18/11/03

Carried

 

It was noted the time being 2:04pm the Youth of the Month award for November was presented to Maisie Harrison.

 

It was noted the time being 2:08pm Mr John O’Malley from the Audit Office NSW addressed Council regarding Council’s Annual Financial Statements.

 

 

ITEM - 4    MAYORAL MINUTE - APPOINTMENTS

 

Proceedings in Brief

The Mayor acknowledged that this is the last Ordinary Council meeting that the General Manager will attend. The Mayor congratulated the General Manager on 43 years of service in local government and wished him and his wife a happy retirement, he also thanked him for his assistance in his time since becoming a councillor.

The Mayor stated that Item 8 from the closed business paper of the October Council meeting that was deferred to the November Council meeting has further been deferred to the December Council meeting.

Clr Beatty

30/10/18 – Review business paper with General Manager and directors. Attended the Ordinary Council meeting and Molong Hospital (MPS) opening.

31/10/18 – Meeting with Acting General Manager and Fairbridgians regarding the Fairbridge Memorial.

1/11/18 – Attended the Country Mayors conference in Sydney. Meeting regarding waste to energy.

2/11/18 – Attended Parliament House for Country Mayors meeting. Attended Daroo Business Awards presentation in Eugowra.

5/11/18 – Meeting with General Manager, Deputy Mayor and Katherine O’Ryan regarding Canowindra Medical Centre. Attended Governance, Risk Management and Business Improvement Committee meeting.

7/11/18 – Attended meeting at Molong Office with General Manager.

9/11/18 – Attended Orange Botanical Gardens for Tidy Towns Awards.

13/11/18 – Attended Molong Office for a fuel logistics meeting with John Thurtell. Meeting with Canowindra Bendigo Bank Committee. Attended councillor workshop.

14/11/18 – Attended Molong Office for teleconference with Centroc market research.

15/11/18 – Attended Parkes in relation to Central West Police District Awards Ceremony.

19/11/18 – Attended Orange Council Chambers for meeting with Orange and Blayney mayors regarding earth watch.

20/11/18 – 22/11/18 – Attended National Roads Congress with Director of Engineering and Technical Services. 

Clr Davison

Clr Davison noted he was absent from the October Council meeting and advised he attended the following activities:

9/10/18 – Councillor workshop

12/10/18 – Wine Week meeting

16/10/18 – Extraordinary Council meeting

18/10/18 – BEC Orange AGM

24/10/18 – TDO meeting

25/10/18 – 27/10/18 – Australian National Field Days

Clr Davison advised that he attended the following activities during November:

9/11/18 – Association of Mining Related Councils (MERC) at Crookwell

11/11/18 – Remembrance Day Orange

13/11/18 – Councillor Workshop

20/11/18 – CCTAC meeting Stagecoach Road, Orange

15/11/18 – Orange 360 marketing presentation and workshop

22/11/18 – NSW Tourism Awards Sydney 

 

Motion (Beatty/-)

 

THAT the information contained in the Mayoral Minute be noted.

 

18/11/04

Carried

 

 

ITEM - 5    MAYORAL MINUTE - RECRUITMENT OF GENERAL MANAGER

 

Proceedings in Brief

The Mayor advised that the consultant engaged for the recruitment of the General Manager had recommended Council appoint five councillors to the panel, consisting of the Mayor, Deputy Mayor and 3 councillors, noting that one panel member must be female.

The Mayor called for nominations for a female panel member. Clrs Nash, Newsom, Oldham and Weaver nominated.

The General Manager advised that there would be a preferential vote and that ballot papers need to be marked in order of preference from 1 to 4.

The General Manager declared that Clr Oldham was appointed to the panel.

The Mayor called for nominations for the remaining two positions on the panel. Clrs Batten, Davison, Jones, Nash, Newsom and Treavors nominated.

The General Manager advised that there would be a preferential vote and that ballot papers need to be marked in order of preference from 1 to 6.

The General Manager declared that Clrs Batten and Jones were appointed to the panel.

 

Motion (Beatty/-)

 

THAT:

 

1.   Council appoint the Mayor, Deputy Mayor, Clr Oldham, Clr Batten and Clr Jones members to a selection panel to determine a short-list of candidates for the position of General Manager;

 

2.   Following the short-list process, the final appointment of the general manager be determined by Council; and

 

3.   The ballot papers for the panel member positions be destroyed upon the completion of formalities associated with the respective ballots.

 

18/11/05

Carried

 

 

ITEM - 6    COMMITTEE OF THE WHOLE

 

Proceedings in Brief

It was noted that Clr Jones called Item 13 to be debated in Committee of the Whole.

 

Motion (Newsom/Oldham)

 

THAT Item 13 be debated in Committee of the Whole.

 

18/11/06

Carried

 

 

ITEM - 7    GROUPING OF REPORT ADOPTION

 

Proceedings in Brief

Clr Batten wished council to write to congratulate the Director of Finance and Corporate Services and his team for their outstanding efforts in winning the Rural Management Challenge.

The Director of Finance and Corporate Services said that Council entered a young team and that the event was a test of thinking on your feet and at times was quite intense, he also thought the team did an outstanding job.

 

Motion (Walker/Weaver)

 

THAT items 8 to 11 be moved and seconded.

 

18/11/07

Carried

 

 

ITEM - 8    CONFIRMATION OF THE MINUTES

 

Motion (Walker/Weaver)

 

THAT the minutes of the Ordinary meeting held 30 October 2018 be adopted.

 

18/11/08

Carried

 

 

ITEM - 9    RURAL MANAGEMENT CHALLENGE

 

Motion (Walker/Weaver)

 

THAT Council acknowledge the achievement of the Cabonne team in the Rural Management Challenge.

 

18/11/09

Carried

 

 

ITEM - 10 EXCLUSIVE LICENCE TO QUARRY

 

Motion (Walker/Weaver)

 

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

 

1.   Gavins Pit – S42

2.   O’Briens Pit – N136

 

18/11/10

Carried

 

 

ITEM - 11 THE APPOINTMENT OF INDEPENDENT MEMBERS TO THE GOVERNANCE, RISK MANAGEMENT AND BUSINESS IMPROVEMENT COMMITTEE

 

Motion (Walker/Weaver)

 

THAT Council appoint Donna Rygate and Phil Burgett as independent members to the Governance, Risk Management and Business Improvement (GRM&BI) Committee for a period of two years 2018-2020.

 

18/11/11

Carried

 

It was noted the time being 2.56pm Clr Batten declared an interest (identified as an actual conflict of interest, significant pecuniary) in the following item and left the Chamber.

 

 

ITEM - 12 DELEGATES TO OTHER ORGANISATIONS - COMMUNITY PEAK ORGANISATIONS

 

Proceedings in Brief

Clr Mullins suggested Clr Jones move from alternate delegate to delegate and nominated himself as alternate delegate.

Clr Oldham advised that she would also like to be alternate delegate.

 

Motion (Mullins/Newsom)

 

THAT Council appoint Clr Jones as delegate and Clrs Mullins and Oldham as alternate to the Molong Advancement Group.

 

18/11/12

Carried

 

It was noted the time being 2.57pm Clr Batten returned to the Chamber.

 

It was noted the time being 2.58pm Clr Newsom declared an interest (identified as an actual conflict of interest, significant pecuniary) in Item 14 as she is Chairperson of the Canowindra Community Bank and left the Chamber.

 

 

ITEM - 14 REQUEST TO FUND SURVEY FOR THE CANOWINDRA COMMUNITY BANK

 

Motion (Davison/Nash)

 

THAT Council not fund the request to fund a survey into the viability of establishing a community bank in Canowindra.

 

18/11/13

Carried

 

It was noted the time being 3.02pm Clr Newsom returned to the Chamber.

 

 

ITEM - 15 DELEGATE TO ORANGE 360 REGIONAL TOURISM ORGANISATION

 

Proceedings in Brief

Clr Davison advised that the Orange 360 Board consists of 11 people, three of those delegates are from Orange City Council not four as stated in the report.  

 

Motion (Treavors/Mullins)

 

THAT Council:

 

1.  Appoints the Mayor as its delegate to the board of the Orange 360 regional tourism organisation

2.  Appoints Cr Ian Davison as the alternative delegate to the board of the Orange 360 regional tourism organisation

 

18/11/14

Carried

 

 

ITEM - 16 2018-19 COMMUNITY ASSISTANCE PROGRAM

 

Motion (Jones/Oldham)

 

THAT Council approve Community Assistance Program (CAP) funding for Applications 1-7 of the report.

 

18/11/15

Carried

 

 

ITEM - 17 EVENTS ASSISTANCE PROGRAM

 

Proceedings in Brief

The General Manager advised Council that the incorrect annexure for the Eugowra Pony Club Gymkhana had been attached to the original business paper and that the correct annexure had been emailed to Councillors.

 

Motion (Oldham/Batten)

 

THAT Council:

 

1.   Approve $1,000 funding under the 2018-19 Events Assistance Program (EAP) to MADIA for the 2018 Manildra Christmas Party & Monster Fireworks.

 

2.   Approve $500 funding under the 2018-19 Events Assistance Program (EAP) to Bard on the Beach for the Borrodell Vineyard Shakespeare under the Stars production

 

3.   Approve $350 funding under the 2018-19 Events Assistance Program to Mullion Creek & District Progress Association for the Mullion Creek Christmas Party.

 

4.   Approve $500 funding under 2018-19 Events Assistance Program to Eugowra Pony Club for the Eugowra Pony Club Gymkhana.

 

18/11/16

Carried

 

 

ITEM - 18 ENTERING INTO CONTRACTS FOR THE SUPPLY AND DELIVERY OF BULK FUEL

 

Motion (Nash/Weaver)

THAT Council agree to participate in a regional procurement process for the supply and delivery of bulk fuel.

 

18/11/17

Carried

 

 

ITEM - 19 REQUEST FOR DONATION OF DEVELOPMENT APPLICATION FEES - DA 2018/0026 - KARMA YIWONG SAMTEN LING - EXTENSIONS TO EXISTING LECTURE HALL - LOT 134 DP1091778, 1064 SANDY CREEK RD, MOLONG

 

Motion (Mullins/Treavors)

 

THAT council donate $374.00 from its s356 budget to Karma Yiwong Samten Ling, being the development application and construction certificate fee paid to council in relation to DA 2018/0026 for extension to existing lecture hall upon land known as Lot 134 DP 1091778, 1064 Sandy Creek Road, Molong.

 

18/11/18

Carried

 

 

ITEM - 20 QUESTIONS FOR NEXT MEETING

 

Proceedings in Brief

Clr Davison stated that there is an ongoing problem with internet and phone services shire wide and especially for those residents out of town. He requested that Council contact Telstra and Optus on behalf of the rate payers.

Clr Treavors queried the number of defibrillators owned by Council that are installed at Council’s depots and offices. The Director of Engineering and Technical Services advised that defibrillators are currently only installed at Council’s swimming pools. Clr Treavors requested a report be provided to Council with details to have defibrillators installed in all Council depots and offices as Council have a duty of care to its workers.

 

Motion (Oldham/Walker)

 

THAT:

1.    Council contact Telstra and Optus on behalf of ratepayers to raise concerns regarding the ongoing issues with telephone and internet services shire wide; and

 

2.    A report be provided to the next Council meeting providing information for defibrillators to be installed at all Council depots and offices.

 

18/11/19

Carried

 

 

ITEM - 21 BUSINESS PAPER ITEMS FOR NOTING

 

Motion (Batten/Jones)

 

THAT the notation items be noted.

 

18/11/20

Carried

 

 

ITEM - 22 MATTERS OF URGENCY

 

Motion (Oldham/Nash)

 

THAT it be noted there were nil matters of urgency.

 

18/11/21

Carried

 

 

ITEM - 23 COMMITTEE OF THE WHOLE SECTION OF THE MEETING

 

Motion (Treavors/Jones)

 

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

 

18/11/22

Carried

  

It was noted the time being 3.18pm (during discussion regarding the Molong Advancement Group submission) Clr Batten declared an interest and left the Chamber. He returned to the Chamber at 3.21pm. 

 

 

ITEM - 13 DROUGHT COMMUNITIES PROGRAMME

 

Proceedings in Brief

Clr Newsom queried where the quotes for work would come from for the Rabbit Proof Fencing project. The General Manager advised that further quotations had been received for Item 3 Rabbit Proof fencing of cemeteries with six cemeteries now being proposed Garra, Cumnock, Cudal, Toogong, Molong and Manildra. The Mayor commented that contractors would be sourced locally where possible.

The General Manager advised Council that Item 13, Canowindra Rugby Union Football Club’s project would not be eligible as it would not be able to be completed by the required finalisation date of 30 June 2019.

Councillors agreed to remove the following projects from the Drought Communities Programme:

·         Cumnock & District Progress Association – Clean up and regeneration of Doughboy Creek through Cumnock village.

·         Christine Weston – Fix a Farmhouse Project Cumnock.

·         Canowindra Rugby Union Football Club – Create a building suitable for use as a community gym.

 

Recommendation (Weaver/Walker)

 

THAT:

 

1.    The projects listed be funded under the Drought Communities Programme.

 

Item

Community/Group

Location

Project

Cost $

1

Cabonne Council

Shire wide

Upgrade/replacement of community facilities seating at Cabonne parks, sporting grounds & reserves utilising locals registered with labour hire services

$388,329

2

Cabonne Council

Shire wide

Men’s Shed program

$60,000

3

Cabonne Council

Shire wide

Install rabbit-proof fencing at 5 Cabonne cemeteries

$67,500

4

MADIA

Manildra

Upgrade clubhouse and amenities at tennis courts

$37,000

5

MAG

Molong

Power upgrade at Molong Rec

$115,731

6

Cumnock Village Preschool

Cumnock

Upgrade preschool outside environment including water preservation activities

$91,500

7

Cumnock Public School / P&C Committee

Cumnock

CPS Environment and water sustainability project for school and provision of gravel carpark

$29,340

8

Cudal Community

Cudal

Upgrade Dean Park (Cudal) with fencing, installation of irrigation system and tanks

$50,000

9

Central Tablelands Water

Various

Install three self-serve water filling stations for residents in Cabonne, connected to the CTW water supply network

$117,600

10

MADIA

Manildra

New watering system at Jack Huxley Oval (The Rec) Manildra

$43,000

 

2.    Council amend its procurement policy to provide that, where possible, materials required for this programme are purchased from within the Cabonne LGA; and

 

3.   Should any projects be unsuccessful, those funds be allocated to Item One (1).

 

1.

Carried

 

It was noted the time being 3.38pm 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 (Newsom/Jones)

 

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.

 

2.

Carried

 

 

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

 

Recommendation (Weaver/Treavors)

 

THAT the Committee endorse the accuracy of the Report of the Proceedings of Confidential Matters at the Council meeting held on 30 October 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.

 

3.

Carried

 

*

ITEM - 3    REQUEST FOR CONSIDERATION OF WATER CHARGES FOR 4752200008

 

Recommendation (Batten/Nash)

 

That Council write off the remaining 50% of consumption costs of $177.00 for period ending 31/07/2018 and $219.35 for period ending 31/10/2018, subject to the access charges and the other 50% being paid by the customer for account 4752200008.

 

4.

Carried

 

 

ITEM - 4    DEBT RECOVERY REPORT OF OUTSTANDING DEBTS

 

Recommendation (Oldham/Jones)

 

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, Council intends to issue a Statement of Claim for the recovery of all monies owed to Council.

 

5.

Carried

 

 

ITEM - 5    ACQUISITION OF LAND - KURRAJONG ROAD, MANILDRA

 

Recommendation (Nash/Weaver)

 

THAT Council:

 

1.  Authorise purchase of 1.47 ha of land from Lot 243 DP 750150 for the purchase price of $5,297.88.

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

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

 

6.

Carried

 

 

ITEM - 6    SUPPLY AND INSTALLATION OF CULVERTS, FOOTPATHS, KERB AND GUTTERING IN THE CABONNE COUNCIL LGA

 

Recommendation (Nash/Batten)

 

THAT Council include all four tenderers as selective contractors in order of ranking for the supply and installation of culverts, footpaths, kerb and guttering in the Cabonne Council LGA for a 12 month period 2018-19.

 

7.

Carried

 

It was noted the time being 3.45pm the Mayor resumed the Ordinary Meeting.

 

 

REPORT & RESOLUTIONS OF COMMITTEE OF THE WHOLE

 

Motion (Treavors/Jones)

 

THAT the Report and Recommendations of the Committee of the Whole Meeting held on Tuesday 27 November, 2018 be adopted.

 

18/11/30

Carried

 

 

 

There being no further business, the meeting closed at 3.45pm.

 

 

 

CHAIRMAN.

 

 

Chairman of the Ordinary Meeting of Cabonne Council held on the 18 December, 2018 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.