MINUTES OF THE Ordinary Council Meeting HELD AT THE COUNCIL CHAMBERS MOLONG ON Tuesday 24 September, 2019 COMMENCING AT 2:00pm

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TABLE OF CONTENTS

 

ITEMS FOR DETERMINATION.. 1

ITEM - 1     ACKNOWLEDGEMENT OF COUNTRY.. 1

ITEM - 2     APPLICATIONS FOR LEAVE OF ABSENCE.. 1

ITEM - 3     DECLARATIONS OF INTEREST.. 1

ITEM - 4     DECLARATIONS FOR POLITICAL DONATIONS.. 2

ITEM - 5     MAYORAL ELECTIONS PROCEDURE 2019. 2

ITEM - 6     ELECTION OF MAYOR FOR 2019/2020. 2

ITEM - 7     ELECTION OF DEPUTY MAYOR 2019/2020. 3

ITEM - 8     DESTRUCTION OF BALLOT PAPERS.. 4

ITEM - 9     DELEGATION TO MAYOR AND DEPUTY MAYOR (IN MAYOR'S ABSENCE) 4

ITEM - 10  MAYORAL MINUTE - APPOINTMENTS.. 4

ITEM - 11  COMMITTEE OF THE WHOLE.. 6

ITEM - 12  GROUPING OF REPORT ADOPTION.. 6

ITEM - 13  CONFIRMATION OF THE MINUTES.. 6

ITEM - 14  ADOPTION OF PROCUREMENT POLICY.. 7

ITEM - 15  ENGAGEMENT OF THE NEW SOUTH WALES ELECTORAL COMMISSIONER TO CONDUCT COUNCIL ELECTIONS.. 7

ITEM - 16  70A GASKILL STREET, CANOWINDRA - LEASE AGREEMENT.. 7

ITEM - 18  RESTART NSW FUNDING DEED - VITTORIA ROAD SHOULDER REHABILITATION AND SAFETY IMPROVEMENT PROJECT.. 7

ITEM - 19  DEED OF LICENCE FOR CABONNE COUNCIL'S OCCUPANCY AT ESSENTIAL ENERGY'S KARUGA RADIO SITE, YEOVAL.. 8

ITEM - 20  2019 NATIONAL LOCAL ROADS AND TRANSPORT CONGRESS   8

ITEM - 21  REQUESTS FOR DONATION.. 8

ITEM - 22  AUSTRALIA DAY 2020. 8

ITEM - 23  STRONGER COUNTRY COMMUNITIES FUND - ROUND THREE.. 9

ITEM - 24  2019-20 COMMUNITY ASSISTANCE PROGRAM.. 9

ITEM - 25  BUILDING BETTER REGIONS FUND.. 10

ITEM - 26  EVENTS ASSISTANCE PROGRAM 2019/20. 11

ITEM - 28  DEVELOPMENT APPLICATION 2019/0163 - SUBDIVISION / BOUNDARY ADJUSTMENT OF LOTS 49 AND 189 DP 750387 BEING 86 & 186 DAVIS ROAD, SPRING HILL.. 11

ITEM - 29  AMENDMENT TO BUILDING ENVELOPE LOT 1 DP 1168367 1864 EUCHAREENA ROAD BOOMEY.. 12

ITEM - 30  CABONNE COUNCIL DRAFT COMMUNITY PARTICIPATION PLAN   12

ITEM - 31  QUESTIONS FOR NEXT MEETING.. 13

ITEM - 32  BUSINESS PAPER ITEMS FOR NOTING.. 13

ITEM - 33  MATTERS OF URGENCY.. 13

ITEM - 34  COMMITTEE OF THE WHOLE SECTION OF THE MEETING.. 13

ITEM - 17  AUGUST 2019 LOCAL TRAFFIC COMMITTEE MEETING.. 13

ITEM - 27  DEVELOPMENT APPLICATION 2019/135 - DWELLING, SWIMMING POOL, WATER TANKS AND STORAGE SHED - LOT 10 DP 1135607, 31 RODDA DRIVE, CUDAL. 14

CONFIDENTIAL ITEMS.. 16

ITEM - 1     CARRYING OF COMMITTEE RESOLUTION INTO CLOSED COMMITTEE OF THE WHOLE MEETING.. 16

ITEM - 2     ENDORSEMENT OF PROCEEDINGS OF CONFIDENTIAL MATTERS CONSIDERED AT COMMITTEE OF THE WHOLE MEETING.. 16

ITEM - 3     POSSIBLE SALE OF 184 GASKILL ST, CANOWINDRA, BEING LOT 1 DP 503767. 17

ITEM - 4     POSSIBLE SALE OF LOT 2 DP 1113621 LONGS CORNER ROAD, CANOWINDRA.. 17

ITEM - 5     MOLONG CARAVAN PARK.. 17

REPORT & RESOLUTIONS OF COMMITTEE OF THE WHOLE.. 18

 


 

 

PRESENT         Clrs K Beatty (in the Chair), 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 Environmental Services, Director of Finance & Corporate Services, Acting Director of Engineering & Technical Services, Administration Manager and Administration Officer.

 

 

ITEMS FOR DETERMINATION

 

 

ITEM - 1    ACKNOWLEDGEMENT OF COUNTRY

 

Proceedings in Brief

The Mayor recited an Acknowledgement of Country in accord with Council’s Code of Meeting Practice.

 

Motion (Weaver/Treavors)

 

THAT an Acknowledgement of Country be recited in accordance with Council’s Code of Meeting Practice policy.

 

19/09/05

Carried

 

 

ITEM - 2    APPLICATIONS FOR LEAVE OF ABSENCE

 

Proceedings in Brief

There were nil applications for leave of absence.

 

Motion (Oldham/Durkin)

 

THAT it be noted there were nil applications for leave of absence.

 

19/09/06

Carried

 

 

ITEM - 3    DECLARATIONS OF INTEREST

 

Proceedings in Brief

Clr Batten declared an interest (identified as an actual conflict of interest, significant non-pecuniary) in Items 24 and 26 as he is the Chair of the Molong Advancement Group.

Clr Treavors declared an interest (identified as an actual conflict of interest, significant non-pecuniary) in Item 27 as his son has worked for the applicant and the company his wife works for has continuous dealings with a company the applicant is part owner of.

Clr Newsom declared an interest (identified as an actual conflict of interest, pecuniary) in Confidential Item 3 as she is an employee of Century 21 Forbes.

Clr Jones declared an interest (identified as a perceived conflict of interest, significant non-pecuniary) in Confidential Item 5 as the proposed applicant is a relation.

 

Motion (Davison/Nash)

 

THAT the declarations of interest be noted.

 

19/09/07

Carried

 

 

ITEM - 4    DECLARATIONS FOR POLITICAL DONATIONS

 

Proceedings in Brief

There were nil declarations of political donations.

 

Motion (Jones/Newsom)

 

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

 

19/09/08

Carried

 

 

ITEM - 5    MAYORAL ELECTIONS PROCEDURE 2019

 

Proceedings in Brief

It was noted the time being 2.11pm the Mayor declared the position of Mayor vacant and handed over to the General Manager as Returning Officer.

The General Manager advised that for the purpose of the Mayor and Deputy Mayor elections the Director of Finance and Corporate Services has been appointed as the Returning Officer.

Clr Batten thanked the current Mayor for his leadership over the past two (2) years and noted that everyone would agree that he has done an outstanding job.

 

Motion (Oldham/Nash)

 

THAT:

 

1.   Council re-affirm its previous practice of conducting voting for the positions of Mayor and Deputy Mayor by preferential ballot where three or more nominations are received, otherwise by ordinary ballot; and

2.    Details of the voting for the positions of Mayor and Deputy Mayor not be made public.

 

19/09/09

Carried

 

 

ITEM - 6    ELECTION OF MAYOR FOR 2019/2020

 

Proceedings in Brief

The Director of Finance and Corporate Services advised there was one nomination for the position of Mayor, that being Clr Beatty.

Clr Beatty confirmed his acceptance of the nomination for position of Mayor.

The Director of Finance and Corporate Services, as Returning Officer,  declared Clr Beatty duly elected Mayor of Cabonne Council for the ensuing year.  

 

MOTION (Davison/Jones)

 

THAT the General Manager proceed with the requirements for the election of the Mayor for Cabonne Council as detailed in the item relating to the determination of requirements for the election process.

 

19/09/10

Carried

 

 

ITEM - 7    ELECTION OF DEPUTY MAYOR 2019/2020

 

Proceedings in Brief

Clr Batten thanked Clr Durkin for his efforts as Deputy Mayor.

The Director of Finance and Corporate Services advised there were two (2) nominations received for the position of Deputy Mayor, those being Clrs Durkin and Jones.

Clr Durkin confirmed his acceptance of the nomination for position of Deputy Mayor.

Clr Jones confirmed his acceptance of the nomination for position of Deputy Mayor.

The Director of Finance and Corporate Services advised that both nominations were valid and that the vote would be conducted by Ordinary Ballot. He advised that a draw for order on the ballot paper would take place by placing both Clr Durkin and Clr Jones’ names on separate pieces of paper and placing them into a barrel noting the first name drawn out would be the first name on the ballot paper.

The Director of Finance and Corporate Services shook the barrel and the Administration Manager drew the first name from the barrel, that being Clr Durkin. The Administration Manager wrote the names on the ballot papers, the Director of Finance and Corporate Services initialled all ballot papers and the ballot papers were distributed.

After the collection of ballot papers the Director of Finance and Corporate Services confirmed that all votes were formal and proceeded to count the votes.

The Director of Finance and Corporate Services, as Returning Officer, announced Clr Jones had the absolute majority, declaring Clr Jones duly elected as the Deputy Mayor of Cabonne Council for the ensuing year.

 

Motion (Davison/Jones)

 

THAT the General Manager proceed with the requirements for the election of the Deputy Mayor for Cabonne Council as detailed in the item relating to the determination of requirements for the election process.

 

19/09/11

Carried

 

 

ITEM - 8    DESTRUCTION OF BALLOT PAPERS

 

Motion (Weaver/Treavors)

 

THAT the ballot papers for the positions of Mayor and Deputy Mayor be destroyed upon the completion of formalities associated with the respective ballots.

 

19/09/12

Carried

 

It was noted the time being 2.27pm Clr Beatty resumed the Chair as the elected Mayor.

 

 

ITEM - 9    DELEGATION TO MAYOR AND DEPUTY MAYOR (IN MAYOR'S ABSENCE)

 

Proceedings in Brief

Clr Davison noted that at Centroc’s last meeting there was no representative from Council. He suggested that when the Mayor and Deputy Mayor are unable to attend the meetings than another councillor be invited to attend.

 

Motion (Davison/Newsom)

 

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 Mayor Kevin John Beatty and, where allowed, in his absence the Deputy Mayor Jamie Thomas Jones be authorised to exercise or perform on behalf of the Council the powers, authorities, duties and functions as follows:

 

1.    To incur expenditure up to the sum of $3,000 for incidental expenses, within approved votes of Council.

2.    To receive a public interest disclosure in circumstances assigned to the position of Mayor in Council’s Public Interest Disclosure (Internal Reporting) Policy.

 

19/09/13

Carried

 

 

ITEM - 10 MAYORAL MINUTE - APPOINTMENTS

 

Proceedings in Brief

The Mayor thanked Clr Batten for his kind words and thanked all councillors for their support. He also thanked Clr Durkin for his efforts as Deputy Mayor and congratulated Clr Jones on being elected Council’s Deputy Mayor.  

Clr Beatty

27/08/19 – Attended the office for the business paper review with the Deputy Mayor, General Manager and Directors. Attended the Ordinary Council meeting.

28/08/19 – Attended an interview with the Neil Gill radio program. Attended the office for a meeting with Scott McLachlan in relation to Canowindra Medical Centre. Attended a meeting and site visit with consultant in relations to the Molong Community Centre.

30/08/19 – 09/09/19 Annual Leave.

10/09/19 – Attended the office for a Workshop and Extraordinary meeting.

11/09/19 – Attended the office for a meeting with the General Manager. Attended a meeting with David Hill and the Fairbridge committee.

14/09/19 – Attended the Eugowra Show with Clrs Jones and Newsom and the General Manager.

16/09/19 – Attended the office for a meeting with Peter Morley, Peter Basha and Roger Heath in relation to Molong Golf Course Heights Estate.

18/09/19 – Attended Canowindra with General Manager and met with ten (10) residents.

22/09/19 – Attended the Molong Show with Clrs Jones, Mullins and the General Manager.

Clr Weaver

03/09/19 – Attended the CTAC meeting held at Molong. This proved to be a very positive meeting, with all members taking responsibility to gather tourism information in their specific areas.

09/09/19 – Attended the Age of Fishes Museum Board meeting. The Manager Ann Clarke prepared a very comprehensive report for the meeting. All seems to be very positive for the future.

Clr Newsom

28/08/19 – Attended the Canowindra Chamber and Progress Association meeting.

14/09/19 – Attended the Eugowra Show.

Clr Jones

05/09/19 – Attended the launch of the Inaugural Cabonne Acquisitive Art Prize.

07/09/19 – Attended the 114th Manildra Show with Clr Nash.

10/09/19 – Attended the Councillor Workshop and Extraordinary meeting.

12/09/19 – Attended the Molong Advancement Group meeting.

14/09/19 – Attended the 106th Annual Eugowra Show with the Mayor and General Manager.

15/09/19 – Attended the Cudal Show with the General Manager.

22/09/19 – Attended the 155th Molong Show with the General Manager, Mayor and Clrs Batten and Mullins.

Clr Davison

Attended the Country and Outback Tourism meetings on the Fossil Trail and Night Skies Promotion. Tabling a report at the November meeting and suggested inviting Lucy White from the Age of Fishes Museum to do a presentation at the November Workshop.

Clr Batten

Attended the Bush Fire Liaison Committee meeting.

 

Motion (Beatty/-)

 

THAT the information contained in the Mayoral Minute be noted.

 

19/09/14

Carried

 

 

ITEM - 11 COMMITTEE OF THE WHOLE

 

Proceedings in Brief

It was noted that Clr Mullins called Item 17 and Clr Durkin called Item 27 to be debated in Committee of the Whole.

 

Motion (Weaver/Jones)

 

THAT Items 17 and 27 be debated in Committee of the Whole.

 

19/09/15

Carried

 

 

ITEM - 12 GROUPING OF REPORT ADOPTION

 

MOTION (Durkin/Batten)

 

THAT:

1.    It be noted that Item 17 was called to be debated in Committee of the Whole; and

2.    Items 13 to 16, 18 and 19 be moved and seconded.

 

19/09/16

Carried

 

 

ITEM - 13 CONFIRMATION OF THE MINUTES

 

MOTION (Durkin/Batten)

 

THAT the minutes of the Ordinary meeting held 27 August 2019 and Extraordinary meeting held 10 September 2019 be adopted.

 

19/09/17

Carried

 

 

ITEM - 14 ADOPTION OF PROCUREMENT POLICY

 

MOTION (Durkin/Batten)

 

THAT Council adopt the updated Procurement Policy.

 

19/09/18

Carried

 

 

ITEM - 15 ENGAGEMENT OF THE NEW SOUTH WALES ELECTORAL COMMISSIONER TO CONDUCT COUNCIL ELECTIONS

 

MOTION (Durkin/Batten)

 

THAT Council:

 

1.   Pursuant to s. 296(2), (3) and (5A) of the Local Government Act 1993 (NSW) (“the Act”) that an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council.

 

2.   Pursuant to s. 296(2), (3) and (5A) of the Act, as applied and modified by s. 18, that a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council.

 

3.   Pursuant to s. 296(2), (3) and (5A) of the Act, as applied and modified by s. 18, a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council.

 

19/09/19

Carried

 

 

ITEM - 16 70A GASKILL STREET, CANOWINDRA - LEASE AGREEMENT

 

MOTION (Durkin/Batten)

 

THAT Council extend the current lease agreement with Canowindra Arts Incorporated under the terms of the previous twelve months.

 

19/09/20

Carried

 

It was noted that Item 17 was called to be debated in Committee of the Whole.

 

 

ITEM - 18 RESTART NSW FUNDING DEED - VITTORIA ROAD SHOULDER REHABILITATION AND SAFETY IMPROVEMENT PROJECT

 

MOTION (Durkin/Batten)

 

THAT Council:

 

1.  Accept funds of $1,238,000 from Restart NSW for the Vittoria Road Shoulder Rehabilitation and Safety Improvement Project; and

2.  Authorise the affixing of the Common Seal to the funding agreements for the Fixing Country Roads projects.

19/09/21

Carried

 

 

ITEM - 19 DEED OF LICENCE FOR CABONNE COUNCIL'S OCCUPANCY AT ESSENTIAL ENERGY'S KARUGA RADIO SITE, YEOVAL

 

MOTION (Durkin/Batten)

 

THAT Council’s Seal be affixed to the Deed of Licence for Cabonne Council’s occupancy at the Essential Energy Karuga Radio site, Yeoval.

 

19/09/22

Carried

 

 

ITEM - 20 2019 NATIONAL LOCAL ROADS AND TRANSPORT CONGRESS

 

Motion (Nash/Newsom)

 

THAT the Mayor and General Manager be authorised to attend the 2019 National Roads & Transport Congress.

 

19/09/23

Carried

 

 

ITEM - 21 REQUESTS FOR DONATION

 

Motion (Weaver/Newsom)

 

THAT Council donate:

 

1.  $100 to St Joseph’s Primary School at Eugowra for their colour run.

2.  $500 to the Twisted Trivia event at Canowindra.

 

19/09/24

Carried

 

 

ITEM - 22 AUSTRALIA DAY 2020

 

Motion (Jones/Newsom)

 

THAT Council note the schedule for Australia Day 2020.

 

19/09/25

Carried

 

 

ITEM - 23 STRONGER COUNTRY COMMUNITIES FUND - ROUND THREE

 

Motion (Batten/Durkin)

 

THAT Council:

 

1.   Submit an additional project for funding of $401,740 under round three of the Stronger Country Communities Fund (SCCF) for an upgrade of the Yeoval Recreation Ground as requested by Yeoval Progress Association.

2.   Makes a co-contribution of $100,000 towards the upgrade of the Yeoval Recreation Ground should the funding application be successful.

3.   Funds the co-contribution of $100,000 from Reserves to be identified at the 30 September 2019 Quarterly Budget Review.

 

19/09/26

Carried

 

It was noted the time being 2.51pm Clr Batten declared an interest (identified as an actual conflict of interest, significant non-pecuniary) in Point 3 of Item 24 and left the Chamber.

 

 

MOTION (Jones/Davison)

 

THAT Council hereby resolve itself into Committee of the Whole.

 

19/09/27

Carried

 

 

ITEM - 24 2019-20 COMMUNITY ASSISTANCE PROGRAM

 

Proceedings in Brief

Canowindra Public School P & C Association

Clr Newsom recommended that Council support the application to the Department of Education as it’s the only public primary school in Canowindra.

The Mayor advised Council could write a letter of support for the application. 

Clr Davison queried if the P & C submitted the application could Council fund it. The Mayor noted the precedence Council would be setting if it were to fund the application when there are many other schools in the shire that could then request funding. 

Clr Nash queried if Council could use the Canowindra Town Improvement Fund. The General Manager noted that from previous research the funds need to be used for community infrastructure inside the town limits.

Clr Weaver noted she has no problem with money coming out of the Canowindra Town Improvement Fund, but doesn’t think Council should be supplying the money at all.

The Mayor suggested the application be refused and further investigate the use of the Canowindra Town Improvement Fund. He suggested the Canowindra councillors meet to discuss and report back to Council.

Molong Historical Society

The Mayor noted he visited the Historical Society twelve months ago and the verandah was in desperate need of repair.

Molong Advancement Group

Clr Nash asked for clarification. The Mayor advised the application is for  masterplans at each of the locations.

Clr Newsom queried if Council are funding masterplans and will the same funding model apply to other communities. The Mayor confirmed it would.

The General Manager clarified that it is a 50/50 contribution.

 

Recommendation (Oldham/Treavors)

 

THAT Council:

 

1.    Approve Community Assistance Program (CAP) funding for Applications 1,2,4,5 and 6 of the report;

2.    Council allocate $1,981 from the Community Facilitation Fund to Molong Advancement Group to enable it to meet the 50:50 contribution condition for Application 4; and

3.   Conduct a further round of Community Assistance Program funding in the second half of the 2019-2020 financial year.

 

1.

Carried

 

It was noted the time being 2.55pm Clr Batten returned to the Chamber.

 

It was noted the time being 2.56pm the Mayor resumed the Ordinary meeting.

 

 

MOTION (Durkin/Davison)

 

THAT Council hereby resolve itself into Committee of the Whole.

 

19/09/28

Carried

 

 

ITEM - 25 BUILDING BETTER REGIONS FUND

 

Proceedings in Brief

Clr Jones advised that Andrew Gee had been out and about in Cabonne and noted that he is keen to see dollars come Cabonne’s way, noting projects like the Cudal showground power upgrade, Eugowra showground pavilion and the Molong showground amenities block.

Clr Davison noted that he recently attended the Country and Outback Tourism meetings on the Fossil Trail and Night Skies Promotion and suggested a project for consideration could be a Railway Precinct Plan for Canowindra, including dig site, museum and the railway precinct.    

The General Manager noted it’s clear the program is going to generate a lot of interest in the community and suggested Council could go through a process of assessing projects from the communities and reporting back to Council prior to the closing date.

 

Recommendation (Batten/Treavors)

 

THAT Council support and assess potential projects and report to Council prior to the closing date for funding under the Building Better Regions Fund.

 

2.

Carried

 

It was noted that the time being 3.05pm the Mayor resumed the Ordinary meeting.

 

It was noted the time being 3.06pm Clr Batten declared an interest (identified as an actual conflict of interest, significant non-pecuniary) in Point 4 of the following item and left the Chamber.

 

 

ITEM - 26 EVENTS ASSISTANCE PROGRAM 2019/20

 

Motion (Durkin/Treavors)

 

THAT Council approve funding under the 2019/2020 Events Assistance Program (EAP) to the following events:

 

1.   Australian National Field Days                   $2,500

2.   The Eugowra Village Murals Weekend     $2,000

3.   Fanny Lumsden’s Country Halls Tour       $500

4.   The Molong Banjo Paterson Dinner                    $1,000

 

19/09/29

Carried

 

It was noted the time being 3.07pm Clr Batten returned to the Chamber.

 

It was noted that Item 27 was called to be debated in Committee of the Whole.

 

 

ITEM - 28 DEVELOPMENT APPLICATION 2019/0163 - SUBDIVISION / BOUNDARY ADJUSTMENT OF LOTS 49 AND 189 DP 750387 BEING 86 & 186 DAVIS ROAD, SPRING HILL

 

Proceedings in Brief

The Mayor advised that the applicant had requested this matter be deferred.

 

Motion (Jones/Durkin)

 

THAT Development Application 2019/0163 for a boundary adjustment between Lots 49 and 189 in DP 750387, being land described as 86 and 186 Davis Road, Spring Hill, be deferred until the November Council meeting.

 

19/09/30

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, L Oldham, P Batten, K Walker, J Weaver and I Davison.

 

Against: Nil

 

 

 

ITEM - 29 AMENDMENT TO BUILDING ENVELOPE LOT 1 DP 1168367 1864 EUCHAREENA ROAD BOOMEY

 

Motion (Nash/Jones)

 

THAT Council approve the amendment to the building envelope of Lot 1 DP 1168367, 1864 Euchareena Road, Boomey.

 

19/09/31

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, L Oldham, P Batten, K Walker, J Weaver and I Davison.

 

Against: Nil

 

 

 

ITEM - 30 CABONNE COUNCIL DRAFT COMMUNITY PARTICIPATION PLAN

 

Proceedings in Brief

Clr Batten suggested that in the section Community Participation Objectives – Community Participation is Easy, that the statement, Prepare information for the community that is relevant, concise, written in plain English and easy to understand…. be extended to be inclusive of the blind and visually impaired, and persons to whom English was a second language.

 

Motion (Durkin/Weaver)

 

THAT Council note the attached Community Participation Plan and publicly notify the plan for 28 days.

 

19/09/32

Carried

 

 

ITEM - 31 QUESTIONS FOR NEXT MEETING

 

Proceedings in Brief

Clr Davison requested a report on Council Reserves. The General Manager advised that the Quarterly Budget Review will be reported to the November Council meeting and will include Reserves.

 

Motion (Davison/Treavors)

 

THAT Council receive a report at the next Council meeting in relation to Council Reserves.

19/09/33

Carried

 

 

ITEM - 32 BUSINESS PAPER ITEMS FOR NOTING

 

Proceedings in Brief

There were nil items called for further consideration.

 

Motion (Nash/Durkin)

 

THAT the notation items be noted.

19/09/34

Carried

 

 

ITEM - 33 MATTERS OF URGENCY

 

Proceedings in Brief

There were nil matters of urgency.

 

Motion (Weaver/Durkin)

 

THAT it be noted there were nil matters of urgency.

 

19/09/35

Carried

 

 

ITEM - 34 COMMITTEE OF THE WHOLE SECTION OF THE MEETING

 

Motion (Durkin/Jones)

 

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

 

19/09/36

Carried

    

 

ITEM - 17 AUGUST 2019 LOCAL TRAFFIC COMMITTEE MEETING

 

Proceedings in Brief

Clr Mullins stated that the Zoo 2 Zoo Bike Ride is a major high profile event run by the Black Dog Institute and that the Traffic Committee rejecting the application has meant Molong will lose the economic benefit of having the riders stay overnight as they have done for the previous 8-10 years.

Clr Mullins queried if the proponents were advised their application was lacking and given an opportunity to remedy it, and if they are able to remedy the application if the Traffic Committee and Council can then accept the application.

Clr Batten noted the Cumnock Progress Association were keen to host the breakfast which they have for a number of years in the past and also queried why Council would refuse to hold this event.

The Acting Director of Engineering & Technical Services advised there were two documents, the traffic management plan and the insurance document that was not included in the application and the proponent had been advised of the Traffic Committee’s decision, noting that the Committee had not heard back from the proponent after advising of its decision.

The General Manager advised he will follow up on this matter and determine if the issues can be rectified.

Clr Weaver noted the Canowindra Open Day and Community Street Party has been withdrawn.

 

Recommendation (Newsom/Weaver)

 

THAT Council ratify the recommendations of the August 2019 Local Traffic Committee.

 

3.

Carried

 

It was noted the time being 3.24pm Clr Treavors declared an interest (identified as an actual conflict of interest, significant non-pecuniary) in the following item and left the Chamber.

 

ITEM - 27 DEVELOPMENT APPLICATION 2019/135 - DWELLING, SWIMMING POOL, WATER TANKS AND STORAGE SHED - LOT 10 DP 1135607, 31 RODDA DRIVE, CUDAL.

 

Proceedings in Brief

Clr Davison queried the need for a 10m building restriction and suggested the restriction be 5m. The Director of Environmental Services advised that the 10m setback is registered on the Title and requires that all buildings be within the building envelope. She further advised that the building envelope is included on the subdivision plan and that Council can alter the restriction by resolution.

The Mayor advised that the 10m restriction was originally put in place to allow for emergency vehicle access (including fire brigade and SES vehicles) and stressed that Council needs to consider that there are already buildings that have adhered to the conditions and could be disadvantaged.

Clr Jones asked the Director of Environmental Services if the other buildings were approved. The Director of Environmental Services advised an audit would have to be undertaken to determine if they were approved, noting that some might be exempt development.

Clr Batten stated that he does not support an amendment as it would be undermining emergency services and the purpose of the subdivision was to have a semi-rural environment and potentially the development will end up with buildings that are too close together with the possibility of stormwater issues from the buildings.

 

MOTION (Nash/Durkin)

 

THAT:

 

1.    Development Application 2019/0135 for construction of a dwelling, swimming pool, storage shed and water tanks upon Lot 10 DP 1135607 known as 31 Rodda Drive, Cudal, be granted consent subject to the conditions provided in the assessment report; and

2.   Council refuse the request to vary the s88B land use restriction relating to siting of buildings.

 

 

Amendment (Davison/Nash)

 

THAT:

 

1.    Development Application 2019/0135 for construction of a dwelling, swimming pool, storage shed and water tanks upon Lot 10 DP 1135607 known as 31 Rodda Drive, Cudal, be granted consent subject to the conditions provided in the assessment report; and

2.    Council support the request to vary the s88B land use restriction relating to siting of buildings, to enable structures to be located a minimum of 5m from the southern boundary of the subject land.

 

The amendment was put and carried becoming the motion, the motion was put and carried.

 

 

Recommendation (Davison/Nash)

 

THAT:

 

1.    Development Application 2019/0135 for construction of a dwelling, swimming pool, storage shed and water tanks upon Lot 10 DP 1135607 known as 31 Rodda Drive, Cudal, be granted consent subject to the conditions provided in the assessment report; and

2.   Council support the request to vary the s88B land use restriction relating to siting of buildings, to enable structures to be located a minimum of 5m from the southern boundary of the subject land.

 

4.

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 (noting the absence of  Clr Treavors who declared an interest in the matter) for the motion as follows:

 

For: Clrs J Jones, M Nash, P Mullins, C Newsom, A Durkin, K Walker, and I Davison.

 

Against: Clrs K Beatty, L Oldham, P Batten, J Weaver.

 

 

It was noted the time being 3.39pm Clr Treavors returned to the Chamber. Clr Treavors excused himself from the meeting to attend an appointment.

 

It was noted the time being 3.40pm 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 (Davison/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.

 

5.

Carried

 

 

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

 

Recommendation (Davison/Durkin)

 

THAT the Committee endorse the accuracy of the Report of the Proceedings of Confidential Matters at the Ordinary Council meeting held on 27 August 2019 and Extraordinary Meeting held on 10 September 2019 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.

 

6.

Carried

 

It was noted the time being 3.42pm Clr Newsom declared an interest (identified as an actual conflict of interest, pecuniary) in the following item and left the chamber. 

 

*

ITEM - 3    POSSIBLE SALE OF 184 GASKILL ST, CANOWINDRA, BEING LOT 1 DP 503767.

 

Recommendation (Batten/Durkin)

 

THAT:

 

1.  Council lists 184 Gaskill Street, Canowindra being Lot 1 DP503767 for sale by public auction;

2.  The reserve price is as per the details in the Proceedings in Brief;

3.  Canowindra Real Estate conduct the auction;

4.  Council authorise the General Manager to determine a date and time for the auction in conjunction with the selected real estate agent; and

5.  Council authorise the affixing of Council’s Seal to the land sale contract and transfer documents.

7.

Carried

 

It was noted the time being 3.43pm Clr Newsom returned to the Chamber.

 

 

ITEM - 4    POSSIBLE SALE OF LOT 2 DP 1113621 LONGS CORNER ROAD, CANOWINDRA

 

Recommendation (Durkin/Davison)

 

THAT Council authorises affixing of Council’s Seal to the land sale contract and transfer documents.

 

8.

Carried

 

It was noted the time being 3.44pm Clr Jones declared an interest (identified as a perceived conflict of interest, significant non-pecuniary) in the following item and left the Chamber.

 

*

ITEM - 5    MOLONG CARAVAN PARK

 

Recommendation (Durkin/Oldham)

 

THAT Council:

 

1.    Reject the initial tender submission from Lorraine and Paul O’Brien for the Management of the Molong Caravan Park for a three (3) year term;

2.    Accept the negotiated Contract from Lorraine and Paul O’Brien for the Management of the Molong Caravan Park for a three (3) year term, at the price of $90,090 p.a. (incl. GST); and

3.    Authorise the affixing of the Common Seal to the Contract documents.

 

9.

Carried

 

It was noted the time being 3.59pm Clr Jones returned to the Chambers.

 

It was noted the time being 3.59pm 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 September, 2019 be adopted.

 

19/09/37

Carried

 

 

There being no further business, the meeting closed at 3.59pm.

 

 

 

CHAIRMAN.

 

 

Chairman of the Ordinary Meeting of Cabonne Council held on the 22 October, 2019 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.