Minutes of Ordinary Meeting - 18 December 2018

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

Also present were the Acting General Manager, Director of Finance & Corporate Services, Director of Engineering & Technical Services, Senior Town Planner, 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 Batten for their absence from the meeting.
	Motion (Weaver/Jones) THAT the apologies tendered on behalf of Clrs Durkin and Batten be accepted and the necessary leave of absence be granted.
18/12/01	Carried

	ITEM - 2 DECLARATIONS OF INTEREST
	Proceedings in Brief Clr Beatty advised that in regards to Item 18, he had previously declared an interest due to his involvement in Molong Players and Printhie Wines being a sponsor, he advised he is not declaring an interest as he is no longer involved in Molong Players.
	Motion (Oldham/Nash) THAT it be noted there were nil declarations of interest.
18/12/02	Carried

	ITEM - 3 DECLARATIONS FOR POLITICAL DONATIONS
	Proceedings in Brief There were nil declarations for political donations.
	Motion (Jones/Newsom) THAT it be noted there were nil declarations for political donations.
18/12/03	Carried

It was noted that the time being 2.05pm the Youth of the Month award for December was presented to Claire Wright.

	ITEM - 4 MAYORAL MINUTE - APPOINTMENTS
	Proceedings in Brief Clr Beatty 27/11/18 – Attended the Central West Police District Community Precinct meeting, business paper review with the General Manager and directors and the Ordinary Council meeting. 3/12/18 – Attended the Molong Office for meeting with the General Manager. 5/12/18 – Attended the Molong Office for meeting with the General Manager and attend to office correspondence. 10/12/18 – Attended Mullion Creek Hall for government funding announcement, Fairbridge Memorial Park for government funding announcement and Molong Central School presentation evening. 11/12/18 – Attended Molong Office for meeting with McArthur Recruitment Consultants and Councillor Workshop. 12/12/18 – Attended Molong Office for meeting with Acting General Manager, meeting with Eugowra Medical Centre Committee and Yeoval Central School presentation evening. 13/12/18 – Attended Molong Advancement Group meeting at Molong RSL. 15/12/18 – Attended Moorbel Rural Fire Service opening. 17/12/18 – Attended the TDO board meeting at Orange. Clr Jones 27/11/18 – Attended the Ordinary Council meeting. 6/12/18 – Attended St Joseph’s School Eugowra presentation evening. 11/12/18 – Attended Councillor Workshop and meeting with Mayor, Clr Oldham and McArthur Recruitment Consultants to discuss the General Manager’s position. 11/12/18 – Attended Cumnock Public School presentation evening. 13/12/18 – Attended Destination Molong Forum held by the Molong Advancement Group. Clr Newsom 7/12/18 & 8/12/18 – Attended final two days of the NSW LG Elected Members Certificate. 18/12/18 – Attended the Canowindra Public School presentation day.
	Motion (Beatty/-) THAT the information contained in the Mayoral Minute be noted.
18/12/04	Carried

ITEM - 5 COMMITTEE OF THE WHOLE

Motion (Treavors/Nash)

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

18/12/05

Carried

ITEM - 6 GROUPING OF REPORT ADOPTION

MOTION (Oldham/Jones)

THAT items 7 to 9 be moved and seconded.

18/12/06

Carried

ITEM - 7 CONFIRMATION OF THE MINUTES

MOTION (Oldham/Jones)

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

18/12/07

Carried

ITEM - 8 AUSTRALIA DAY AWARDS COMMITTEE MEETING

MOTION (Oldham/Jones)

THAT the report and recommendations of the Australia Day Awards Committee Meeting of Cabonne Council held on 27 November, 2018 be adopted.

18/12/08

Carried

ITEM - 9 AUSTRALIA DAY COMMITTEE

MOTION (Oldham/Jones)

THAT Council appoint Heather Nicholls, as Acting General Manager, as a member of the Australia Day Awards Committee that meets as and when required for the 2018/20 years.

18/12/09

Carried

ITEM - 10 STRONGER COUNTRY COMMUNITIES

Motion (Jones/Treavors)

THAT Council advance funds to enable the completion of the Stronger Country Communities projects, subject to the conditions as outlined in the report.

18/12/10

Carried

ITEM - 11 DROUGHT ASSISTANCE

Motion (Nash/Weaver)

THAT Council maintain the drought assistance measure currently in place and review in March 2019.

18/12/11

Carried

	ITEM - 12 DEFIBRILLATORS IN COUNCIL WORKPLACES
	Proceedings in Brief Clr Davison stressed that it is important that those staff having access to defibrillators receive the necessary training.
	Motion (Treavors/Weaver) THAT Council consider the purchase of defibrillators for all worksites as part of Council’s emergency medical response equipment in the 2019/20 budget.
18/12/12	Carried

ITEM - 13 RMS ACTIVE TRANSPORT FUNDING (SHARED PATHS) - MATCHING FUNDING REQUIREMENT

Motion (Walker/Weaver)

THAT Council:

1. Re-allocate RMS funding received for project P.0036369 to P.0036368 in order to meet the 50% Council contribution required by the RMS

2. Re-allocate funding from reserves to meet the required 50% contribution for project P.0036370

18/12/13

Carried

	ITEM - 14 EUGOWRA VOLUNTARY PURCHASE
	Proceedings in Brief Clr Nash sought further information regarding the report. The Acting General Manager advised that the property owner had approached Council to offer the property for purchase. She noted that concern was raised by the Flood Management Group of Eugowra that there was a risk of losing resident/s from Eugowra as a result of the purchase proceeding.
	Motion (Oldham/Jones) THAT: 1. Council authorise the Acting General Manager to sign the funding agreement with NSW Office of Environment & Heritage. 2. Council approve the acquisition of the nominated property, 10 North Street, and authorise Council’s seal to be affixed to the contract of sale. 3. The land be classified as Operational land.
18/12/14	Carried

ITEM - 15 NOVEMBER 2018 LOCAL TRAFFIC COMMITTEE

Motion (Treavors/Nash)

THAT Council ratify the recommendations of the November 2018 Local Traffic Committee.

18/12/15

Carried

	ITEM - 16 MODIFICATION APPLICATION DA 2014/114/3 - EXTRACTIVE INDUSTRY (QUARRY), LOT 775 DP 813587, 1654 THE ESCORT WAY, BORENORE
	Motion (Davison/Weaver) THAT Modification Application 2014/114/3 for blasting as part of extractive industry operations upon Lot 775 DP 813587, 1654 The Escort Way, Borenore, be granted consent subject to the modified conditions attached.
18/12/16	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 Batten - apologies) as follows: For: Clrs K Beatty, J Jones, P Mullins, G Treavors, M Nash, C Newsom, L Oldham, K Walker, J Weaver and I Davison. Against: Nil

	ITEM - 17 DEVELOPMENT APPLICATION 2018/115 - EXTERNAL REPAINTING OF 46 BANK STREET, MOLONG
	Proceedings in Brief Clr Jones suggested the motion include a revised colour scheme appropriate to the local street scape. He noted that it will be clearer to the property owner and also the community. Clr Oldham agreed Council should include the suggested change. Clr Mullins stated that he is against an amendment as the heritage consultant should provide the advice on the colour and it shouldn’t be a decision made by Council now. Clr Walker noted he is also against an amendment. The Acting General Manager clarified that in the report it is suggested that development consent be granted for the external repainting of the ground floor façade of the property, subject to the proponent providing to council, for the Heritage Advisor’s approval, a revised colour scheme appropriate to the local streetscape and a schedule of works to rectify the unauthorised works. She noted that adding more detail to the recommendation would ensure its clarity.
	Motion (Oldham/Mullins) THAT Development Application 2018/115 for external painting of 46 Bank Street, Molong, be granted consent, subject to the proponent submitting a revised schedule of works for the approval of council’s Heritage Advisor.
	Amendment (Jones/Oldham) THAT Development Application 2018/115 for external painting of 46 Bank Street, Molong, be granted consent, subject to the proponent submitting a revised schedule of works and a revised colour scheme appropriate to the local streetscape, for the approval of council’s Heritage Advisor.
	The amendment was put and carried becoming the motion, the motion was put and carried.
	Motion (Jones/Oldham) THAT Development Application 2018/115 for external painting of 46 Bank Street, Molong, be granted consent, subject to the proponent submitting a revised schedule of works and a revised colour scheme appropriate to the local streetscape, for the approval of council’s Heritage Advisor.
18/12/17	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 Batten - apologies) as follows: For: Clrs K Beatty, J Jones, P Mullins, G Treavors, M Nash, C Newsom, L Oldham, K Walker, J Weaver and I Davison. Against: Nil

	ITEM - 18 MODIFICATION APPLICATION 2018/0084/1 RESTAURANT AND CONCEPT APPROVAL OF CELLAR DOOR
	Motion (Walker/Davison) THAT Modification Application DA 2018/0084/1, for a Restaurant and Concept Approval For a Cellar Door (Modification to Conditions) at 194 Nancarrow Lane, Nashdale, Lot B DP 179711, be granted consent subject to the conditions attached.
18/12/18	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 Batten - apologies) as follows: For: Clrs K Beatty, J Jones, P Mullins, G Treavors, M Nash, C Newsom, L Oldham, K Walker, J Weaver and I Davison. Against: Nil

	ITEM - 19 MODIFICATION OF DEVELOPMENT APPLICATION DA08/0177/1 FOR AN EIGHT (8) LOT RURAL SUBDIVISION AT Lots 218 & 219 DP 47258, LOTS 5, 6 & 7 DP 702416, LOTS 1 & 2 DP 114761, LOTS 9, 10, 11, 12, 19, 20, 24, 30, 31, 148, 189, 210, 211 & 238 DP 756869, LOT DP 181139, LOT 4 DP 114638, LOT 18 DP 10891443, LOT 1 DP 1096555 and Lots 1 & 2 DP 1096882 89 BRUCE ROAD ORANGE
	Proceedings in Brief Clr Davison noted that this application is a good example of how Council staff can assist with solving problems or offering alternative ideas. He wished to thank Chris Eldred for his efforts in working with the applicant to resolve the issues regarding the dust.
	Motion (Davison/Weaver) THAT the Modification of Development Application 2008/177/1 be granted consent subject to the conditions attached.
18/12/19	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 Batten - apologies) as follows: For: Clrs K Beatty, J Jones, P Mullins, G Treavors, M Nash, C Newsom, L Oldham, K Walker, J Weaver and I Davison. Against: Nil

	ITEM - 20 QUESTIONS FOR NEXT MEETING
	Proceedings in Brief Clr Weaver requested information regarding the Canowindra Men’s Shed development application for disabled toilets as it does not seem to be progressing. Council’s Senior Town Planner advised that she has not seen a development application of that description and assumes that it may not have been lodged, she advised she will follow it up. The Acting General Manager advised she will respond directly to Clr Weaver rather than wait until the February Council meeting for a report on the matter. Clr Newsom suggested that Council implement briefings before each Council meeting on items contained in the business paper, noting she has recently attended the NSW LG Elected Members training and most councils have this process in place. The Mayor reminded councillors that the General Manager and directors can be contacted prior to the meetings to provide additional information or clarify any items contained in the business paper. He also said that he currently forwards any additional information that he may have concerning items in the business paper to councillors and will continue to do that. He noted if councillors see a need to change the current process then it can be looked at further. Clrs Nash, Davison, Oldham and Mullins all commented that they are happy with the current process and are comfortable to contact the General Manager or directors for further information if necessary.
	Motion (Weaver/Oldham) THAT Council receive reports at the next Council meeting in relation to the following matters: 1. Works required and estimated costs to completely refurbish the public toilets in Bank Street, Molong including installing hand rails in the cubicles, sensor taps and water saving toilets and urinals, energy efficient sensor lighting, an awning and seating out the front of the existing structure as well as a street sign on the footpath outside the amenities building and also on the Mitchell Highway, at the end of Bank Street, Molong; and 2. An update on the Village Enhancement Program.
18/12/20	Carried

	ITEM - 21 BUSINESS PAPER ITEMS FOR NOTING
	Proceedings in Brief Clr Davison stated in regards to Item 10, that although he is in favour of the application in principal and it is a great asset for Cabonne’s tourist area, Council need to be conscious of the ongoing costs to maintain the reserve.
	Motion (Jones/Oldham) THAT the notations items be noted.
18/12/21	Carried

ITEM - 22 MATTERS OF URGENCY

Motion (Davison/Treavors)

THAT it be noted there were nil matters of urgency.

18/12/22

Carried

ITEM - 23 COMMITTEE OF THE WHOLE SECTION OF THE MEETING

Motion (Jones/Oldham)

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

18/12/23

Carried

It was noted the time being 2.36pm 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 (Treavors/Weaver)

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 (Jones/Newsom)

THAT the Committee endorse the accuracy of the Report of the Proceedings of Confidential Matters at the Ordinary Council meeting and the Australia Day Committee meeting held on 27 November 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

ITEM - 3 UNRECOVERABLE SUNDRY DEBTOR

Recommendation (Davison/Nash)

THAT Council write-off this total debt of $2,796.35 for debtor account 70901 as unrecoverable

Carried

ITEM - 4 DEBT WRITE OFF

Recommendation (Jones/Nash)

THAT Council write off $3,806 from the debtors balance owed by Earth Plant Hire Ltd.

Carried

ITEM - 5 EXCAVATOR HIRE 21024 TONNE TO UNDERTAKE CIVIL WORKS AT VARIOUS LOCATIONS THROUGHOUT CABONNE LGA

Recommendation (Walker/Oldham)

THAT Council:

1. Award the contract to P & R Earthmoving for hiring of excavator (21-24 tonne) to undertake civil works at various locations throughout Cabonne LGA.

2. Authorise any variation to the contract for the project provided the variations are contained within the overall approved budget.

Carried

It was noted the time being 2.40pm the Mayor resumed the Ordinary Meeting.

REPORT & RESOLUTIONS OF COMMITTEE OF THE WHOLE

Motion (Weaver/Nash)

THAT the Report and Recommendations of the Committee of the Whole Meeting held on Tuesday 18 December, 2018 be adopted.

18/12/24

Carried

There being no further business, the meeting closed at 2.40pm.

CHAIRMAN.

Chairman of the Ordinary Meeting of Cabonne Council held on the 26 February 2019 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.