MINUTES OF THE Ordinary Council Meeting HELD AT THE COUNCIL CHAMBERS MOLONG ON Tuesday 28 July, 2020 COMMENCING AT 2.00pm

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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.. 1

ITEM - 5     COMMITTEE OF THE WHOLE.. 3

ITEM - 6     GROUPING OF REPORT ADOPTION.. 3

ITEM - 7     CONFIRMATION OF THE MINUTES.. 3

ITEM - 8     INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN FINAL HALF YEARLY REPORT.. 3

ITEM - 9     JUNE 2020 LOCAL TRAFFIC COMMITTEE ADDITIONAL ITEMS.. 3

ITEM - 10  COMPULSORY ACQUISITION OF EASEMENTS OVER CROWN LAND FOR PIPELINE AT ORANGE.. 4

ITEM - 11  BLAYNEY, CABONNE, ORANGE (BCO) COUNCIL ALLIANCE - ESTABLISHMENT.. 4

ITEM - 12  LOCAL GOVERNMENT REMUNERATION TRIBUNAL - ANNUAL REPORT & DETERMINATION 2020. 5

ITEM - 13  2020 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE.. 5

ITEM - 14  REQUEST FOR DONATION.. 5

ITEM - 15  UNSPENT EXPENDITURE REVOTED TO 2020/2021 BUDGET.. 5

ITEM - 16  EVENTS ASSISTANCE PROGRAM.. 5

ITEM - 17  FAIRBRIDGE CHILDREN'S PARK - ACCEPTANCE OF DONATED ASSET   6

ITEM - 18  CUMNOCK FLOODPLAIN AND DRAINAGE INVESTIGATION.. 6

ITEM - 19  REVISION OF DRINKING WATER MANAGEMENT SYSTEM (DWMS) 6

ITEM - 20  EUGOWRA VOLUNTARY PURCHASE.. 7

ITEM - 21  WAIVING OF FOOD PREMISES INSPECTION FEES FOR 2020/21 - COVID BUSINESS RECOVERY RESPONSE.. 7

ITEM - 22  REQUEST FOR DONATION OF FEES EQUIVALENT OF DEVELOPMENT APPLICATION FEE CUDAL AND DISTICT MENS SHED INC. 7

ITEM - 23  DEVELOPMENT APPLICATION 2020/0086 LOT 50 DP 808694, 457 NANGAR ROAD CANOWINDRA.. 7

ITEM - 24  DEVELOPMENT APPLICATION 2020/0154 - FENCE- LOT 23 DP 848546 - 82 MARSDEN STREET, MOLONG.. 8

ITEM - 25  QUESTIONS FOR NEXT MEETING.. 8

ITEM - 26  BUSINESS PAPER ITEMS FOR NOTING.. 8

ITEM - 27  MATTERS OF URGENCY.. 9

ITEM - 28  COMMITTEE OF THE WHOLE SECTION OF THE MEETING.. 9

CONFIDENTIAL ITEMS.. 9

ITEM - 1     CARRYING OF COMMITTEE RESOLUTION INTO CLOSED COMMITTEE OF THE WHOLE MEETING.. 9

ITEM - 2     REQUEST FOR CONSIDERATION OF HARDSHIP - INVOICE 9666 - CUMNOCK FLOOD DAMAGE SALVAGE.. 10

REPORT & RESOLUTIONS OF COMMITTEE OF THE WHOLE.. 10

 


 

 

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, Deputy General Manager - Cabonne Services, Deputy General Manager - Cabonne Infrastructure, Department Leader - Governance & Corporate Performance and Governance Officer.

 

 

ITEMS FOR DETERMINATION

 

 

ITEM - 1    APPLICATIONS FOR LEAVE OF ABSENCE

 

Motion (Oldham/Durkin)

 

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

 

20/07/01

Carried

 

 

ITEM - 2    DECLARATIONS OF INTEREST

 

Proceedings in Brief

Clr Jones declared an interest (identified as a perceived conflict of interest, significant, non-pecuniary) in confidential item 2 due to a family related association with the applicant.

 

Motion (Davison/Durkin)

 

THAT the declarations of interest be noted.

 

20/07/02

Carried

 

 

ITEM - 3    DECLARATIONS FOR POLITICAL DONATIONS

 

Motion (Weaver/Oldham)

 

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

 

20/07/03

Carried

 

 

ITEM - 4    MAYORAL MINUTE - APPOINTMENTS

 

Proceedings in Brief

Clr Beatty

23/06/20 – Attended the Molong Office for the business paper review with the General Manager, Deputy General Managers, Deputy Mayor and Clr Davison.  Attended the Ordinary Council Meeting.

24/06/20 – Attended the Molong Office for an online Orange 360 Board Meeting. Interview with Neil Gill radio program. Meeting with the General Manager.

30/06/20 – Attended the Molong Office for an interview with Prime TV regarding the Australian National Field Days cancellation.

01/07/20 – Attended Canowindra Sports Trust meeting with the General Manager and Clr Weaver. Attended the Age of Fishes Annual General Meeting with the General Manager and Clr Weaver.

02/07/20 – Attended an interview with B-Rock FM radio, Bathurst.

03/07/20 – Attended the Molong Office for an online JO special meeting. Meeting with the General Manager and attended to correspondence.

07/07/20 – Attended the Molong Office and site meeting with the General Manager, Deputy General Manager and Environmental Safety Officer regarding Molong Creek flood issues.

08/07/20 – Attended an interview with Neil Gill radio program. Fairbridge Park meeting with the General Manager and Fairbridge Representatives.

14/07/20 – Attended the Councillor Workshop. Attended Grow Molong meeting at Molong RSL.

15/07/20 – Attended Jack Brabham Oval for the launch of Newcrest sponsored sanitisation bollards. Attended Molong Rotary Drought Dinner.

16/07/20 – Attended the Molong Office for an online Western Area Health Covid-19 update meeting. Meeting with the General Manager. Interview with B-Rock FM radio, Bathurst. Interview with Win TV.

22/07/20 – Interview with Neil Gill radio program.

Clr Jones

23/06/20 – Attended the business paper review and Ordinary Council Meeting.

30/06/20 – Attended Eugowra Progress Association Annual General Meeting.

06/07/20 – Attended a meeting with the Eugowra Preschool Committee.

09/07/20 – Attended the Molong Advancement Group meeting.

15/07/20 – Attended the Molong Rotary Drought Dinner.

14/07/20 – Attended the Councillor Workshop. 

22/07/20 – Attended the NSW Government Drought and Resources for Regions funding announcement with the Deputy Premier and Sam Farraway MLC. Attended Fairbridge Park Meeting.

Clr Newsom

16/07/20 – Attended the Canowindra Business & Progress Association meeting.

Clr Batten

16/07/20 – Attended the Cumnock Progress Association meeting.

Clr Davison

16/07/20 - Attended a video water conference and tabled a report.

Attended TDO meeting and Orange360 meeting and tabled a report.

 

Motion (Beatty/-)

 

THAT the information contained in the Mayoral Minute be noted.

 

20/07/04

Carried

 

 

ITEM - 5    COMMITTEE OF THE WHOLE

 

Motion (Durkin/Jones)

 

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

 

20/07/05

Carried

 

 

ITEM - 6    GROUPING OF REPORT ADOPTION

 

Motion (Durkin/Nash)

 

THAT items 7 to 10 be moved and seconded.

 

20/07/06

Carried

 

 

ITEM - 7    CONFIRMATION OF THE MINUTES

 

MOTION (Durkin/Nash)

 

THAT the minutes of the Ordinary meeting held 23 June 2020 be adopted.

 

20/07/07

Carried

 

 

ITEM - 8    INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN FINAL HALF YEARLY REPORT

 

MOTION (Durkin/Nash)

 

THAT the update of the Operational Plan to 30 June 2020, as presented be adopted.

 

20/07/08

Carried

 

 

ITEM - 9    JUNE 2020 LOCAL TRAFFIC COMMITTEE ADDITIONAL ITEMS

 

MOTION (Durkin/Nash)

 

THAT Council ratify and acknowledge the items as presented.

 

20/07/09

Carried

 

 

ITEM - 10 COMPULSORY ACQUISITION OF EASEMENTS OVER CROWN LAND FOR PIPELINE AT ORANGE

 

MOTION (Durkin/Nash)

 

THAT Council:

 

1.    Pursuant to Sections 186 and 187 of the Local Government Act 1993 (NSW) compulsorily acquire easements over the land (“Land”) described as:

 

a)  Crown land/Crown waterway located within/adjacent to the area of Lot 7001 DP 1000813;

b)  Crown land/Crown waterway located within/adjacent to the area of  Lot 12 DP 718922

 

for the purpose of an Easement for Water Supply as defined in Schedule 4A of the Conveyancing Act 1919 in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.

 

2. Gives authority to the General Manager to negotiate the terms of the acquisition on behalf of Council.

 

3.   Make an application to the Minister for Local Government and the Governor for the compulsory acquisition of the Land.

 

4.   Grant authority to affix the Common Seal of Council to any acquisition documentation associated with the land.

 

20/07/10

Carried

 

 

ITEM - 11 BLAYNEY, CABONNE, ORANGE (BCO) COUNCIL ALLIANCE - ESTABLISHMENT

 

Motion (Durkin/Walker)

 

THAT Council approve the Mayor and General Manager to sign the BCO Alliance Memorandum of Understanding at a formal event to be held in September 2020 on a date to be confirmed.

 

20/07/11

Carried

 

 

ITEM - 12 LOCAL GOVERNMENT REMUNERATION TRIBUNAL - ANNUAL REPORT & DETERMINATION 2020

 

Motion (Batten/Jones)

 

THAT from 1 July 2020 the annual fees payable to each councillor remain at $12,160 and the additional annual fees payable to the Mayor remain at $26,530 as determined by the Local Government Remuneration Tribunal.

 

20/07/12

Carried

 

 

ITEM - 13 2020 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE

 

Motion (Davison/Oldham)

 

THAT Council:

 

1.    Be represented at the 2020 Local Government NSW Annual Conference by the Mayor or his delegate, Clrs Davison, Newsom, Oldham and Weaver and the General Manager or his alternate delegate in an advisory capacity; and

 

2.    Submit issues and/or motions to the General Manager for a report to be prepared for consideration at the August Ordinary Council meeting.  

 

20/07/13

Carried

 

 

ITEM - 14 REQUEST FOR DONATION

 

Motion (Jones/Durkin)

 

THAT Council donate $500 to Molong Community Garden.

 

20/07/14

Carried

 

 

ITEM - 15 UNSPENT EXPENDITURE REVOTED TO 2020/2021 BUDGET

 

Motion (Weaver/Batten)

 

That the works listed in the attachment be included in the 2020/2021 budget.

 

20/07/15

Carried

 

 

ITEM - 16 EVENTS ASSISTANCE PROGRAM

 

Motion (Davison/Nash)

 

THAT Council approve the carryover of EAP Funding of $500 to the Spring Molong Arts Festival (SMART) for the event scheduled in 2021.

 

20/07/16

Carried

 

 

Motion (Oldham/Mullins)

 

THAT Council hereby resolve itself into Committee of the Whole to discuss Item 17.

 

20/07/17

Carried

 

 

ITEM - 17 FAIRBRIDGE CHILDREN'S PARK - ACCEPTANCE OF DONATED ASSET

 

Motion (Oldham/Mullins)

 

THAT Council:

 

1.   Accept the donation of Fairbridge Children’s Park, and the transfer of assets contained therein;

2.   Authorise the General Manager to write to the Old Fairbridgians Association to accept the transfer of assets; and

3.   Authorise a budget allocation of $15,000 to undertake routine operations and maintenance for the park, to be recognised in the 2020 first quarter budget review.

 

20/07/18

Carried

 

 

ITEM - 18 CUMNOCK FLOODPLAIN AND DRAINAGE INVESTIGATION

 

Motion (Batten/Durkin)

 

THAT Council:

 

1.   Undertake the investigation and review of Cumnock Flooding and Drainage; and

2.   Fund to the amount of $33,000 for the Cumnock Flood and Drainage Review, to be allocated in the 2020/21 first Quarterly Budget Review.

 

20/07/19

Carried

 

 

ITEM - 19 REVISION OF DRINKING WATER MANAGEMENT SYSTEM (DWMS)

 

Motion (Nash/Weaver)

 

THAT Council:

 

1.   Adopt the updated Cabonne Council Drinking Water Management System;

2.   Adopt the draft Drinking Water Quality Policy; and

3.   Note the actions and improvement plan identified through the Drinking Water Mangement System review process.

 

20/07/20

Carried

 

 

ITEM - 20 EUGOWRA VOLUNTARY PURCHASE

 

Motion (Durkin/Weaver)

 

THAT Council:

 

1.  Select the property 8 North Street, Eugowra, for the voluntary purchase in the 2020/21 financial year subject to the availability of funding contribution from the NSW Office of Environment and Heritage (OEH); 

2.  Initiate the discussion with the OEH for the availability of the funding contribution and apply for funding for the voluntary purchase of 8 North Street, Eugowra; and

3.  Consult with the Eugowra Consultative Floodplain Committee in regard to the proposed Eugowra voluntary purchase.

 

20/07/21

Carried

 

 

ITEM - 21 WAIVING OF FOOD PREMISES INSPECTION FEES FOR 2020/21 - COVID BUSINESS RECOVERY RESPONSE

 

Motion (Oldham/Newsom)

 

THAT council waive the fee for annual initial food inspections for the financial year 2020/2021 as a good will initiative towards Cabonne business premises during the Covid pandemic.

 

20/07/22

Carried

 

 

ITEM - 22 REQUEST FOR DONATION OF FEES EQUIVALENT OF DEVELOPMENT APPLICATION FEE CUDAL AND DISTICT MENS SHED INC.

 

Motion (Jones/Newsom)

 

THAT Council donate from its s356 budget to the Cudal and Districts Men’s Shed Inc the sum of $880.50, being the construction certificate fee (including GST) paid to council in relation to DA 2020/039 for the construction of additions to the Cudal and Districts Men’s Shed Inc.

 

20/07/23

Carried

 

 

ITEM - 23 DEVELOPMENT APPLICATION 2020/0086 LOT 50 DP 808694, 457 NANGAR ROAD CANOWINDRA

 

Motion (Nash/Batten)

 

THAT Development Application 2020/0086 for a boundary adjustment at Lot 50 DP 808694, 457 Nangar Road, Canowindra be refused for insufficient information being submitted to council to enable determination of the application.

 

20/07/24

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 - 24 DEVELOPMENT APPLICATION 2020/0154 - FENCE- LOT 23 DP 848546 - 82 MARSDEN STREET, MOLONG

 

Proceedings in Brief

The Mayor advised that the applicant requested the matter be deferred to the August Ordinary Council meeting.

 

Motion (Oldham/Treavors)

 

THAT the matter be deferred to August Ordinary Council meeting.

 

20/07/25

Carried

 

 

ITEM - 25 QUESTIONS FOR NEXT MEETING

 

Proceedings in Brief

Clr Weaver wished to acknowledge, on behalf of CCTAC and Council, appreciation to Council’s Tourism and Community Development Coordinator Lynnette Hawkes for her contribution to tourism in Cabonne and wished her the best for retirement.

 

Motion (Oldham/Nash)

 

THAT it be noted there were nil reports requested for the next Council meeting.

 

20/07/26

Carried

 

 

ITEM - 26 BUSINESS PAPER ITEMS FOR NOTING

 

Motion (Weaver/Durkin)

 

THAT the notation items be noted.

20/07/27

Carried

 

 

ITEM - 27 MATTERS OF URGENCY

 

Motion (Nash/Treavors)

 

THAT it be noted there were nil matters of urgency.

 

20/07/28

Carried

 

 

ITEM - 28 COMMITTEE OF THE WHOLE SECTION OF THE MEETING

 

Motion (Treavors/Durkin)

 

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

 

20/07/29

Carried

 

It was noted the time being 2.33pm 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/Oldham)

 

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.

 

1.

Carried

 

It was noted the time being 2.34pm Clr Jones declared an interest (identified as a perceived conflict of interest, significant non-pecuniary) in the following item and left the Chamber. 

 

 

ITEM - 2    REQUEST FOR CONSIDERATION OF HARDSHIP - INVOICE 9666 - CUMNOCK FLOOD DAMAGE SALVAGE

 

Recommendation (Durkin/Nash)

 

THAT Council accept the hardship request to waive charges of $2004.03.

 

2.

Carried

 

It was noted the time being 2.39pm Clr Jones return to the Chamber.

 

It was noted the time being 2.39pm the Mayor resumed the Ordinary meeting.

 

 

REPORT & RESOLUTIONS OF COMMITTEE OF THE WHOLE

 

Motion (Oldham/Treavors)

 

THAT the Report and Recommendations of the Committee of the Whole Meeting held on Tuesday 28 July, 2020 be adopted.

 

20/07/30

Carried

 

 

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

 

 

 

CHAIRMAN.

 

 

Chairman of the Ordinary Meeting of Cabonne Council held on the 25 August, 2020 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.