Minutes of Ordinary Meeting - Tuesday, 28 May 2024

PRESENT Clr K Beatty (in the Chair), Clrs P Batten, J Jones, M Nash, K O’Ryan, A Pull, A Rawson, J Weaver.

Also present were the General Manager, Deputy General Manager - Cabonne Services, Deputy General Manager - Cabonne Infrastructure, IT Coordinator, Department Leader – Governance & Corporate Performance and Governance Officer.

ITEMS FOR DETERMINATION

	ITEM - 1 APPLICATIONS FOR LEAVE OF ABSENCE
	Proceedings in Brief An apology was tendered on behalf of Clr Oldham for her absence from the meeting.
	Motion (Rawson/Pull) THAT the apology tendered on behalf of Clr Oldham be accepted and the necessary leave of absence be granted.
24/05/01	Carried

ITEM - 2 DECLARATIONS OF INTEREST

Motion (Pull/Nash)

THAT it be noted there were nil declarations of interest.

24/05/02

Carried

ITEM - 3 DECLARATIONS OF POLITICAL DONATION

Motion (Weaver/Batten)

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

24/05/03

Carried

It was noted the time being 2.07pm there was a Youth of the Month presentation to Felicity Moller and Hayley Stephens.

	ITEM - 4 MAYORAL MINUTE - APPOINTMENTS
	Proceedings in Brief Clr Beatty 01/05/2024 – LGNSW Candidate Session, Molong. 02/05/2024 – Interview WIN News – Eugowra Tourism Award, Molong Office. Community Strategic Plan (CSP) Community Consultation, Cumnock. 03/05/2024 – Meetings with Mr Brian Loud, Manildra Amusu Theatre and the General Manager, Molong Office. 04/05/2024 – Eugowra Murals Official Opening, Eugowra. 06/05/2024 – CSP Community Consultation, Cudal. 07/05/2024 – Central NSW Joint Organisation (CNSWJO) Mayoral sub-committee meeting, Microsoft Teams. Attend and give evidence at Parliamentary Inquiry into flood insurance. Interviews with WIN News and Prime News regarding Parliamentary Inquiry. Interview 2BS regarding CNSWJO matters. 08/05/2024 – Interview Neil Gill radio program. Eugowra Community Children’s Centre luncheon, Eugowra. CSP Community Consultation, Manildra. 09/05/2024 – LGNSW Rural and Regional Summit, Sydney. 10/05/2024 – Country Mayors Association meeting, Sydney. 14/05/2024 – RDA Board meeting, Molong. Environment, Energy and Innovation committee meeting, public forum and councillor workshop. CSP Community Consultation, Yeoval. 15/05/2024 – CSP Community Consultation, Mullion Creek. 16/05/2024 – Meeting with Bob Sullivan, Molong Office. 17/05/2024 – NSW Premier and Cabinet meeting, Orange. 21/05/2024 – CSP Community Consultation, Eugowra. 22/05/2024 – Interview Neil Gill radio program. Orange360 Board meeting, Molong. Tour of Molong CBD with Orange360 Board members. Disaster funding meeting with Reconstruction Authority and government, Orange. Central West Leadership Forum, Orange. 23/05/2024 – CNSWJO Board meeting, Lithgow. 24/05/2024 – Disaster Risk Reduction Workshop, Cabonne Community Centre. 27/05/2024 – CSP Community Consultation, Canowindra. Clr Jones 23/04/2024 – Business paper review and Ordinary Council meeting, Molong. 25/04/2024 – ANZAC Day Dawn Service, Molong. 27/04/2024 – Cabonne Community Balloon Glow, Canowindra. 29/04/2024 – Cabonne Roads Advisory Committee Meeting, Molong. 30/04/2024 – Ten 4 Ten Future Leaders Dialogue. CSP Community Consultation, Cargo. 02/05/2024 – CSP Community Consultation, Cumnock. 04/05/2024 – Eugowra Murals Official Opening, Eugowra. 06/05/2024 – CSP Community Consultation, Cudal. 07/05/2024 – House Standing Committee on Economics flood insurance inquiry. 08/05/2024 – Eugowra Community Children’s Centre Open Day, Eugowra. CSP Community Consultation, Manildra. 13/05/2024 – Cudal Central Meeting, Cudal. 14/05/2024 – Infrastructure Other committee meeting, public forum and councillor workshop. 15/05/2024 – Orange/Cabonne Road Safety Committee meeting. 21/05/2024 – CSP Community Consultation, Eugowra. 27/05/2024 – CSP Community Consultation, Canowindra. Clr Pull 28/05/2024 – Ordinary Council Meeting, Molong. 27/05/2024 – CSP Community Consultation, Canowindra. 14/05/2024 – Infrastructure (Other) Committee meeting, Public Forum and Councillor Workshop. Progress Association Meeting, Canowindra. CSP Community Consultation, Yeoval. Clr Nash Manildra and District Improvement Association meeting, Manildra. 08/05/2024 – CSP Community Consultation, Manildra. 14/05/2024 – Environment, Innovation and Energy Committee meeting, Public Forum and Councillor Workshop. 28/05/2024 – Ordinary Council meeting, Molong. Clr Weaver 24/04/2024 – ANZAC Day service, Canowindra. 04/05/2024 – Eugowra Murals Official Opening, Eugowra. United Hospitals Auxiliary (UHA) meeting. Progress Association meeting, Canowindra. Age of Fishes Museum Advisory Committee meeting, Canowindra. 27/05/2024 – CSP Community Consultation, Canowindra. Clr Rawson 23/04/2024 – Councillor Workshop and Ordinary Council meeting, Molong. 24/04/2024 – Chaired Central Tablelands Water (CTW) board meeting and Statewide Mutual Enterprise Risk Management training, Grenfell. 25/04/2024 – ANZAC Day ceremonies, Toogong, Cudal and Borenore. 26/04/2024 – CNSWJO Water Advocacy meeting, Microsoft Team (CTW). 29/04/2024 – Cabonne Roads Advisory Committee meeting, Cudal. 02/05/2024 – CSP Community Consultation, Cumnock. 03/05/2024 – Interview for Central West Drought Resilience Plan. 06/05/2024 – CSP Community Consultation, Cudal. 06/05/2024 – Mullion Creek Progress Association meeting, Mullion Creek. 07/05/2024 – 08/05/2024 – Meetings with Department of Climate Change, Energy, Environment and Water regarding Belubula Water Security Project. 08/05/2024 – CSP Community Consultation, Manildra. 14/05/2024 – Councillor Workshop and Environment, Innovation and Energy Committee meeting, Molong. 14/05/2024 – CSP Community Consultation, Yeoval. 15/05/2024 – Blayney Water Treatment Plant options workshop, Blayney (CTW). 15/05/2024 – CSP Community Consultation, Mullion Creek. 23/05/2024 – CNSWJO meeting, Lithgow. 27/05/2024 – CSP Community Consultation, Canowindra. Clr Batten 23/04/2024 – Ordinary Council Meeting, Molong. 14/05/2024 – Councillor Workshop and Environment, Innovation and Energy Committee Meeting, Molong. 23/05/2024 – Cumnock Progress Association Meeting, Cumnock.
	Motion (Beatty/-) THAT the information contained in the Mayoral Minute be noted.
24/05/04	Carried

	ITEM - 5 COMMITTEE OF THE WHOLE
	Proceedings in Brief It was noted Clr Rawson called item 8 to be debated in Committee of the Whole.
	Motion (Rawson/Pull) THAT item 8 be debated in Committee of the Whole.
24/05/05	Carried

	ITEM - 6 CONFIRMATION OF THE MINUTES
	Proceedings in Brief Clr Rawson noted that the recommendation for Item 5 of the Confidential section of Ordinary Council meeting minutes from 23 April 2024 does not clearly state the section of Cargo Road that is being acquired.
	Motion (Batten/Pull) THAT the minutes of the following meetings be adopted; 1. Ordinary Council meeting held on 23 April 2024, 2. Environment, Innovation and Energy Committee meeting held on 14 May 2024, and 3. Infrastructure (Other) Committee meeting held on 14 May 2024.
24/05/06	Carried

ITEM - 7 CONFIRMATION OF THE ROADS ADVISORY COMMITTEE MEETING MINUTES

Motion (Jones/Weaver)

THAT:

1. The minutes of the Roads Advisory Committee of Cabonne Council held on 29 April 2024 be adopted,

2. Council prioritise Lake Canobolas Road (Sections B & C) (Lake Canobolas to Canobolas Road) and Gumble Road (Manildra to Bocobra Road),

3. Council provides additional funding of $76,000 to project pre-planning activities to enable both Lake Canobolas Road and Gumble Road priority sections to be planned and designed in the 2024/25 operational program.

24/05/07

Carried

It was noted item 8 was moved to Committee of the Whole.

ITEM - 9 LGNSW STATE CONFERENCE - RESPONSE TO MOTIONS SUBMITTED BY CABONNE COUNCIL

Motion (Nash/Jones)

THAT council write to Ministers Dib, Jones & Scully thanking them for their responses and expressing strong support for the continuation of initiatives outlined in their correspondence.

24/05/08

Carried

ITEM - 10 NSW RURAL DOCTORS NETWORK BUSH BURSARY & CWA SCHOLARSHIP PROGRAM

Motion (Weaver/Nash)

THAT council participate in the 2024 Bush Bursary and CWA Scholarship Scheme and provide a $3,000 donation through the community facilitation fund.

24/05/09

Carried

ITEM - 11 LOCAL GOVERNMENT REMUNERATION TRIBUNAL - ANNUAL DETERMINATION 2024

Motion (O'Ryan/Rawson)

THAT from 1 July 2024 the annual fees payable to each councillor be set at $18,340 and the additional annual payable fee to the Mayor be set at $39,350.

24/05/10

Carried

ITEM - 12 INSURANCE PROVISION RESERVE TRANSFER

Motion (Pull/Jones)

THAT council authorise the transfer of $247,574 from the Insurance Provision Reserve.

24/05/11

Carried

ITEM - 13 QUARTERLY BUDGET REVIEW

Motion (Batten/Rawson)

THAT council note the variances in the report and authorise those changes to be included in the 2023/2024 Council Budget.

24/05/12

Carried

ITEM - 14 EMERGENCY SERVICES LEVY

Motion (Nash/Jones)

THAT council note the 2025 Emergency Services Levy cost to council.

24/05/13

Carried

ITEM - 15 COMMUNITY ASSISTANCE PROGRAM ROUND 2

Motion (Weaver/Jones)

THAT council approves under its 2023/24 Community Assistance Program, $1,868.10 to the Anglican Parish of Cudal-Molong for the replacement of guttering on St John’s Church in Molong.

24/05/14

Carried

	ITEM - 16 PLANNING PROPOSAL – PROPOSED REZONING OF 3732 THE ESCORT WAY CUDAL FROM RU1 PRIMARY PRODUCTION TO PART E4 GENERAL INDUSTRIAL
	Proceedings in Brief The Mayor advised that the applicant requested the matter be deferred to a future meeting.
	Motion (Rawson/Pull) THAT the item be deferred to a future meeting.
24/05/15	Carried

	ITEM - 17 DEVELOPMENT APPLICATION 2024/0026 LOTS 8 & 9 DP 16181 No. 50 OBERON STREET, EUGOWRA - SUBDIVISION (BOUNDARY ADJUSTMENT)
	Motion (Nash/Jones) THAT Development Application 2024/0026 for Lots 8 & 9 DP 16181 No. 50 Oberon Street Eugowra for subdivision (boundary adjustment), be refused for the following reasons: 1. Section 4.15(1)(a)(i) – Cabonne Local Environmental Plan 2012 (LEP) – details have not been provided to demonstrate that the proposal meets the relevant provisions of the LEP including aims of plan, zone objectives, minimum lot size, groundwater vulnerability, watercourses, and essential services, 2. Section 4.15(1)(a)(i) – State Environmental Planning Policy (Transport and Infrastructure) 2021 – it is not clear whether council needs to refer the application to the electricity supply authority pursuant to Section 2.48 (Chapter 2, Part 2.3, Division 5, Subdivision 2), 3. Section 4.15(1)(b) – ‘Likely Impacts of the Development’ cannot be assessed due insufficient information, 4. Section 4.15(1)(c) – ‘Suitability of the Site’ cannot be assessed due to insufficient information, 5. Section 4.15(1)(d) – ‘Any Submissions Made in Accordance with the EP&A Act’ – neighbour notification cannot be carried out due to insufficient information, and 6. Section 4.15(1)(e) – Public Interest – cannot be evaluated whether the proposed development is in the public interest or not due to insufficient information.
24/05/16	Carried
	The Chair called for a Division of Council (noting the absence of Clr Oldham – Apology) as required under Section 375A (3) of the Local Government Act which resulted in a vote for the motion as follows: For: Clrs P Batten, K Beatty, J Jones, M Nash, K O’Ryan, A Pull, A Rawson and J Weaver. Against: Nil

	ITEM - 18 MODIFICATION APPLICATION - 9 OSTINI LANE, MULLION CREEK
	Motion (Weaver/Nash) THAT council: 1. Approve the modification of Development Application 2021/0176/2 for a boundary adjustment to support an approved 12 lot subdivision of land described as Lot 1 DP 131413 and Lot 1 DP 183093 being 9 and 77 Ostini Lane, Mullion Creek, be granted consent subject to the conditions attached, and 2. Support the variation to the minimum lot size proposed for the boundary adjustment to increase the area of proposed Lot 8.
	The Chair called for a Division of Council (noting the absence of Clr Oldham – Apology) as required under Section 375A (3) of the Local Government Act which resulted in a vote for the motion as follows: For: Clrs P Batten, K Beatty, J Jones, M Nash, K O’Ryan, A Pull, A Rawson and J Weaver. Against: Nil
24/05/17	Carried

ITEM - 19 QUESTIONS FOR NEXT MEETING

Motion (Weaver/Jones)

THAT it be noted there were nil questions raised for the next meeting.

24/05/18

Carried

	ITEM - 20 BUSINESS PAPER ITEMS FOR NOTING
	Proceedings in Brief Clr Rawson noted, in relation to Item 6 in Notation from the April Ordinary Council meeting, that he had congratulated staff on median processing times which was not reflected in the meeting minutes.
	Motion (Jones/Pull) THAT the notation items be noted.
24/05/19	Carried

ITEM - 21 MATTERS OF URGENCY

Motion (Jones/O'Ryan)

THAT it be noted there were nil matters of urgency.

24/05/20

Carried

ITEM - 22 COMMITTEE OF THE WHOLE SECTION OF THE MEETING

Motion (Rawson/Nash)

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

24/05/21

Carried

ITEM - 8 FUTURE ROLE IN PROPERTY DEVELOPMENT

Recommendation (Batten/Jones)

THAT the investigation of the viability of residential land development for Cabonne Council be considered as part of the 2025 - 2029 Delivery Program.

Carried

	ITEM - 23 INTEGRATED PLANNING AND REPORTING 2024/25
	Proceedings in Brief Clr Rawson thanked all of the staff involved in the development of the integrated planning and reporting documentation and also thanked the General Manager for his comprehensive response to the submission received.
	Recommendation (Rawson/Nash) THAT council: 1. Adopt the Delivery Program. 2. Adopt the Operational Plan 2024/25, including: a. Activities, b. Budget, c. Statement of Revenue Policy, and d. Fees and Charges, noting the changes identified in the report. 3. Adopt the Long-Term Financial Plan. 4. Note the one (1) submission received.
2.	Carried

ITEM - 24 CABONNE COMMUNITY CENTRE - RECONCILIATION OF EXPENDITURE

Recommendation (Weaver/Jones)

THAT council note the report on final reconciliation of the Cabonne Community Centre expenditure and resolve to fund the additional $384,925 required to complete the project from the Infrastructure Replacement Reserve.

Carried

	ITEM - 25 DEVELOPMENT APPLICATION 2024/0086 - SUBDIVISION - LOT 6 DP 703806, 51 WINTER LANE, SUMMER HILL
	recommendation (Weaver/Nash) THAT Development Application 2024/0086 for subdivision of land known as Lot 6 DP 703806, known as 51 Winter Lane, Summer Hill, be granted consent subject to the conditions attached.
4.	Carried
	The Chair called for a Division of Council (noting the absence of Clr Oldham – Apology) as required under Section 375A (3) of the Local Government Act which resulted in a vote for the motion as follows: For: Clrs P Batten, K Beatty, J Jones, M Nash, K O’Ryan, A Pull, A Rawson and J Weaver. Against: Nil

ITEM - 26 ADOPTION OF DEVELOPMENT CONTROL PLAN NO. 15 - RELOCATABLE AND TRANSPORTABLE HOMES (AMENDMENT NO. 1)

recommendation (Nash/Jones)

THAT council adopt Development Control Plan No. 15 Relocatable and Transportable Homes (Amendment No. 1) as exhibited.

Carried

It was noted the time being 2.55pm the Chair announced that the Council would now be resolving into a Closed Committee of the Whole.

CONFIDENTIAL ITEMS

ITEM - 1 CARRYING OF COUNCIL RESOLUTION INTO CLOSED COMMITTEE OF THE WHOLE

Recommendation (Rawson/Pull)

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 S1_2024 SUPPLY AND DELIVERY OF BITUMEN EMULSION

Recommendation (Batten/Weaver)

THAT council:

1. Accept the tender of Bitupave Ltd for contract S1_2024 - Supply and Delivery of Bitumen Emulsion, and

2. Authorise the General Manager to enter into a contract with Bitupave Ltd for contract S1_2024 - Supply and Delivery of Bitumen Emulsion.

Carried

ITEM - 3 TENDER 1667354 - CARGO VILLAGE FOOTPATHS AND ASSOICATED WORKS - CHURCH STREET TO WALL STREET

Recommendation (Nash/O'Ryan)

THAT council:

1. Note the report on Tender 1667354 Cargo Village Footpaths and Associated Works – Church Street to Wall Street,

2. Endorse the actions of the Mayor in:

a. Rejecting all tenders on the basis that their values all exceeded the funds available for this project,

b. Approving the General Manager to negotiate with the preferred tenderer on a reduced program of works.

Carried

ITEM - 4 TENDER EVALUATION CABONNE POOLS UPGRADE - STAGE 1 - CONTRACT 1674466

Recommendation (Pull/Rawson)

THAT council:

1. Reject all tenders due to tender amounts being in excess of available operational budget.

2. Resolve to enter into negotiations with the preferred contractor for the upgrade of Cabonne Pools – Stage 1 under Contract 1674466 as it is believed a negotiated price can be achieved.

3. Delegate authority to the General Manager to enter into a contract with the preferred contractor after negotiations have concluded for the upgrade to the Cabonne Pools – Stage 1 under contract number 1674466.

4. Receive a future report on negotiations with the preferred contractor.

Carried

ITEM - 5 ACQUISITION OF LAND - BELUBULA RIVER WALK, CANOWINDRA

Recommendation (Pull/O'Ryan)

THAT council accept the valuation reports for the acquisition of land for the construction of the Belubula River Walk, Canowindra, and progress the acquisition of the road reserve.

10.

Carried

It was noted the time being 3.07 the Chair resumed the Ordinary meeting.

REPORT & RESOLUTIONS OF COMMITTEE OF THE WHOLE

Motion (Weaver/Jones)

THAT the Report and Recommendations of the Committee of the Whole Meeting held on Tuesday 28 May, 2024 be adopted.

24/05/22

Carried

There being no further business, the meeting closed at 3.08pm.

CHAIRMAN.

Chairman of the Ordinary Meeting of Cabonne Council held on the 25 June, 2024 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.