PRESENT Councillors J.S. Farr (in the Chair), Councillors R.E.J.

Document Sample
PRESENT Councillors J.S. Farr (in the Chair), Councillors R.E.J. Powered By Docstoc
					        MINUTES OF THE EXTRAORDINARY MEETING OF COUNCIL HELD AT THE COUNCIL
        CHAMBERS, MOLONG ON MONDAY, 1ST SEPTEMBER,2003, COMMENCING AT 1.00 PM Page 1

        PRESENT        Councillors J.S. Farr (in the Chair), Councillors R.E.J. Fanning, M.B.
                       Barrett, W.E. Barber, J.A. Weaver, W.A. Pankhurst, W.P. Niven R.G.
                       Agustin and D.C. Lawrence.

                       Also present were the General Manager, Director of Engineering &
                       Technical Services, Director of Finance & Corporate Services,
                       Director of Environmental Services and General Manager’s
                       Secretary.

        APOLOGIES Apologies were tendered on behalf of Councillors M. Lyons, K.J.
                  Doulman and P.J .Carman for their unavoidable absence at the
                  Meeting.


        MOTION (Barrett/Agustin)

        THAT apologies tendered on behalf of Councillors M. Lyons, K.J. Doulman and P.J.
        Carman be accepted and necessary leave of absence be granted.

03/09/1. Carried

        The Mayor advised Council that Councillor Doulman was improving but still in
        Hospital and could now have visitors.

        DECLARATIONS OF INTEREST

        Mayor John Farr declared an interest in Item 1 of the Environmental Services matters
        due to being a relative of the Manager of the Mill.

        STRUCTURAL REFORM SUBMISSION

        The Mayor advised the Submission in relation to Structural Reform had been sent to
        the Minister for Local Government Tony Kelly on Friday, 29 August 2003.

        In response to a question from Councillor Barrett drawing Council’s attention to the
        fact that Councillors were not given the opportunity to view the Submission prior to
        being sent to the Department of Local Government the Mayor drew Council’s
        attention that a Working Party had been formed by Council to formulate a
        Submission and Council gave authority to the Working Party to go ahead on
        Council’s behalf. However due to the late change of mind by Cowra Council to
        incorporate taking part of Cabonne and Blayney Council, Council’s Submission could
        not be finalised until Friday 29, when it was then sent to the Minister.

        A copy of the Submission has been provided to Councillors today for their
        information.




        THIS IS PAGE NO. 1 OF THE MINUTES OF THE EXTRAORDINARY MEETING OF COUNCIL
        HELD ON MONDAY, 1ST SEPTEMBER, 2003.

        ………………………………………General Manager…..……………………………………Mayor
        MINUTES OF THE EXTRAORDINARY MEETING OF COUNCIL HELD AT THE COUNCIL
        CHAMBERS, MOLONG ON MONDAY, 1ST SEPTEMBER,2003, COMMENCING AT 1.00 PM Page 2

        ITEM 1 – RESCISSION MOTION

        Proceedings in Brief

        The Mayor advised Council that he had received a request from Mr Matt Garry and
        Mr Tony Jenkins to speak to Council on the Rescission Motion.

        MOTION (Agustin/Lawrence)

        The permission be granted to Mr Garry and Mr Jenkins to address the Meeting.

03/09/2. Carried

        Mr Garry thanked Council for granting permission for him to speak on matter before
        Council and advised as follows:

        •   Apologised for the long suffering on this matter and the complications endured
            over the past three years.
        •   Very frustrating as this was his first Development Application and had certainly
            been a learning curve
        •   He advised he had the support of the Business community. 76 signatures from
            Business houses and also the support of the Showground Trust
        •   Mr Garry concluded by saying he was positive he could contribute to Canowindra
            and reiterated Canowindra was a good environment to live and raise his three
            children.
        •   He referred to comments made previously as follows:
            Meeting at the Golf Club on 29 October 2002 was informal, being a discussion
            group regarding the formal document 29 October by Terra Consulting and
            Council’s letter requiring a new Development Application to be lodged –
            Machinery Yard without Auction facility. Referring to concern expressed re traffic
            volume, the danger regarding the School Bus on the Intersection and speed
            signs.

        Mr Garry concluded by asking Council to grant permission to start the business in
        Canowindra and tabling a précis of discussions held on 29 October 2002.

        Mr Tony Jenkins addressed Council and thanked the Mayor for the opportunity to
        speak against the development application of Mr Garry and gave an overview as
        follows:

        • Advised he was not at the last Meeting and referred to what he felt was a
          disturbing development that a document had been presented which was
          construed as being threatening and could be seen to change the direction of the
          Meeting.
        • He went on to say that he had faxed a letter to some of the Councillors referred to
          Occupational Health & Safety and Insurance matters.
        • Mr Jenkins said it was extremely disturbing that Councillors have a second
          chance to consider this development.

        THIS IS PAGE NO. 2 OF THE MINUTES OF THE EXTRAORDINARY MEETING OF COUNCIL
        HELD ON MONDAY, 1ST SEPTEMBER, 2003.

        ………………………………………General Manager…..……………………………………Mayor
MINUTES OF THE EXTRAORDINARY MEETING OF COUNCIL HELD AT THE COUNCIL
CHAMBERS, MOLONG ON MONDAY, 1ST SEPTEMBER,2003, COMMENCING AT 1.00 PM Page 3

• Expressed concern regarding the intersection stating there had been five
  accidents in the last ten years with one person deceased, created a dangerous
  position for the School Bus.
• The car park on the other side of the road would also create problems for public
  safety.
• A point of argument was that if the Development Application was granted, Council
  may be in breach of their duty of care to the public.
• Asked that Council not proceed with granting the Development Application.

MOTION (Lawrence/Agustin)

THAT Council rescind the motion giving approval to item 3 DA 2003/2008 by Mr
Matthew Garry on subject land owned by M & S Garry. The land being lot 133 DP
750147 Orange Road Canowindra.

The rescission motion was put and was lost.

Councillor Agustin requested a division of Council which resulted as follows:

Against : Councillors Pankhurst, Barber, Farr, Weaver, Fanning and Barrett.

For :        Councillors Lawrence, Niven and Agustin.

ENVIRONMENTAL SERVICES MATTERS

ITEM 1 – PROPOSED MODIFICATION OF CONSENT FOR THE HOURS OF
OPERATION OF THE ANBURN FREIGHT RAIL TERMINAL (DA 2002/159)

It was noted the time being 1.20 pm the Mayor declared an interest in this item due
to being a relative of the Manager of the Mill’s Export Division, vacated the Chair to
the Deputy Mayor and left the meeting.

The Deputy Mayor Councillor Pankhurst took the Chair.

MOTION (Agustin/Niven

THAT the request to modify Development Consent No 2002/159 be granted with:

A/ Condition 12 be amended to permit operations to be undertaken 24 hours a
   day, 7 days a week.

B/ the following conditions added to the existing consent;

        1.     ACOUSTIC REPORT

        Objective

        To ensure noise levels do not adversely affect surrounding properties

THIS IS PAGE NO. 3 OF THE MINUTES OF THE EXTRAORDINARY MEETING OF COUNCIL
HELD ON MONDAY, 1ST SEPTEMBER, 2003.

………………………………………General Manager…..……………………………………Mayor
        MINUTES OF THE EXTRAORDINARY MEETING OF COUNCIL HELD AT THE COUNCIL
        CHAMBERS, MOLONG ON MONDAY, 1ST SEPTEMBER,2003, COMMENCING AT 1.00 PM Page 4


                 Performance

                 The applicant is to engage an acoustic consultant to assess and recommend
                 measures to reduce noise to a level complying with the project specific noise
                 levels as set out in the EPA’s Industrial Noise Policy.

                 The report is to be prepared, Council approval obtained and the
                 recommendations implemented prior to 24 hour operation of the freight rail
                 terminal.

                 2.      NOISE CONTROL

                 Objective

                 To meet the statutory requirements and to protect the amenity of the locality.

            Performance

            a)        The applicant is required to disengage reversing alarms all machinery after
                      dark to minimise noise from the freight rail terminal in accordance with
                      Workcover requirements.
            b)        All containers being unloaded after 10.00pm are to be placed on the
                      ground in an area adjacent to the truck being unloaded.

03/09/3. Carried

        It was noted the time being 2.45 pm, the Mayor returned to the Meeting.

        The Mayor resumed the Chair.

        There being no further business, the Meeting closed at 2.50 pm.

        CHAIRMAN




        Chairman of the Ordinary Meeting of Cabonne Council held on the 15th September
        2003 at which meeting the signature hereon was subscribed.




        THIS IS PAGE NO. 4 OF THE MINUTES OF THE EXTRAORDINARY MEETING OF COUNCIL
        HELD ON MONDAY, 1ST SEPTEMBER, 2003.

        ………………………………………General Manager…..……………………………………Mayor

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:5
posted:4/21/2010
language:English
pages:4
Description: PRESENT Councillors J.S. Farr (in the Chair), Councillors R.E.J. ...