ORANGE CITY COUNCIL
Ordinary Council Meeting
Agenda
2 June 2015
Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that a Ordinary meeting of ORANGE CITY COUNCIL will be held in the Council Chamber, Civic Centre, Byng Street, Orange on Tuesday, 2 June 2015 commencing at 7.00pm.
Garry Styles
General Manager
For apologies please contact Michelle Catlin on 6393 8246.
Council Meeting 2 June 2015
In the event of an emergency, the building may be evacuated. You will be required to vacate the building by the rear entrance and gather at the entrance to the car park. This is Council's designated emergency muster point.
Under no circumstances is anyone permitted to re-enter the building until the all clear has been given and the area deemed safe by authorised personnel.
In the event of an evacuation, a member of Council staff will assist any member of the public with a disability to vacate the building
1.1 Apologies and Leave of Absence
1.2 Acknowledgement of Country
3 Confirmation of Minutes of Previous Meeting
3.1 Minutes of the Ordinary Meeting of Orange City Council held on 19 May 2015
4 Notices of Motion/Notices of Rescission
5.1 Classification of Land - Drainage Reserve Molloy Drive - Lot 300 DP 1205457
6 Closed Meeting - See Closed Agenda
6.1 2014 Fourth Quarter Water Consumption Charges - 474 The Escort Way Orange
6.2 2015 First and Second Quarter Water/Sewerage Charges - 119 Kite Street Orange
6.3 Lease Termination and Land Purchase - Orange Airport
6.4 Extension of Senior Staff Contract
7 Resolutions from closed meeting
Council Meeting 2 June 2015
1.1 Apologies and Leave of Absence
1.2 Acknowledgement of Country
I would like to show my respect and acknowledge the Traditional Custodians of the Land, of Elders past and present, on which this meeting takes place.
The provisions of Chapter 14 of the Local Government Act, 1993 (the Act) regulate the way in which Councillors and designated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public role.
The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest must be disclosed as soon as practicable after the start of the meeting and the reasons given for declaring such interest.
As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussion or voting on that matter, and requires that member to vacate the Chamber.
Council’s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code of Conduct also provides for a number of ways in which a member may manage non pecuniary conflicts of interest.
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Recommendation It is recommended that Councillors now disclose any conflicts of interest in matters under consideration by the Council at this meeting. |
3 Confirmation of Minutes of Previous Meeting
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RECOMMENDATION That the Minutes of the Ordinary Meeting of Orange City Council held on 19 May 2015 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate record of the proceedings of the Council meeting held on 19 May 2015. |
Attachments
1 Minutes of the Ordinary Meeting of Orange City Council held on 19 May 2015
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ORANGE CITY COUNCIL
MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 19 May 2015
COMMENCING AT 7.00pm
1 Introduction
Attendance
Cr J Davis OAM (Mayor), Cr A Brown, Cr K Duffy, Cr R Gander, Cr J Hamling, Cr N Jones, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton.
General Manager, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Administration and Governance, Manager Corporate and Community Relations, Works Manager, Operations Manager
1.1 APOLOGIES
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RESOLVED - 15/186 Cr J Hamling/Cr S Munro That the apologies be accepted from Cr C Gryllis (Deputy Mayor) and Cr R Kidd for the Council Meeting of Orange City Council on 19 May 2015. |
1.2 ACKNOWLEDGEMENT OF COUNTRY
1.3 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Nil
2 Mayoral Minutes
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2.1 Memorial to Private John Hamilton VC TRIM Reference: 2015/1131 |
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RESOLVED - 15/187 Cr J Davis/Cr S Munro 1 That Council enter a partnership with the Orange Ex-Services Club, the Federal Government and the NSW Government for the establishment of an appropriate memorial to Private John Hamilton VC, in front of the OCTEC building. 2 That the Notice of Motion from Cr Kidd be noted and suggestion passed on to the above partnership.
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3 Confirmation of Minutes of Previous Meeting
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RESOLVED - 15/188 Cr S Munro/Cr R Turner That the Minutes of the Ordinary Meeting of Orange City Council held on 5 May 2015 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate record of the proceedings of the Council meeting held on 5 May 2015 noting speaker is David Brough.
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RESOLVED - 15/189 Cr J Hamling/Cr R Turner That the Minutes of the Extraordinary Meeting of Orange City Council held on 12 May 2015 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate record of the proceedings of the Council meeting held on 12 May 2015 noting TV as Prime not WIN.
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4 Notices of Motion/Notices of Rescission
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4.1 Street Lighting Orange by Cr Kidd TRIM Reference: 2015/1132 |
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RESOLVED - 15/190 Cr N Jones/Cr J Hamling That Orange City Council request our service deliverer undertake an audit of street lighting and supply Council with a report on current condition of infrastructure, replacement strategy (of ageing of inappropriate infrastructure) and process/timelines of maintenance to lights that are not working.
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5 General Reports
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5.1 Statement of Investments - April 2015 TRIM Reference: 2015/1201 |
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RESOLVED - 15/191 Cr K Duffy/Cr S Munro 1 That Council receives the Statement of Investments as at 30 April 2015. 2 That Council receives and adopts the certification of the Responsible Accounting Officer.
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5.2 Recommendations and Resolutions from Policy Committees TRIM Reference: 2015/1206 |
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RESOLVED - 15/192 Cr J Whitton/Cr R Turner 1 That the resolutions made by the Sustainable Development Committee at its meeting held on 5 May 2015 be noted. 2 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 5 May 2015 be noted. 3 That the resolutions made by the Services Policy Committee at its meeting held on 5 May 2015 be noted. 4 That the resolutions made by the Environment and Economic Development Committee at its meeting held on 5 May 2015 be noted. 5 That the resolutions made by the Finance Policy Committee at its meeting held on 5 May 2015 be noted.
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5.3 Outstanding Questions Taken on Notice TRIM Reference: 2015/1191 |
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RESOLVED - 15/193 Cr R Gander/Cr S Munro That the information provided in the report by the Manager Administration and Governance on Questions Taken on Notice be acknowledged.
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5.4 Quarterly Review and Performance Indicators - January to March 2015 TRIM Reference: 2015/1107 |
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RESOLVED - 15/194 Cr S Munro/Cr K Duffy 1 That the information provided in the report by the Manager Financial Services on the Quarterly Review and Performance Indicators – January to March 2015, be acknowledged. 2 That the variations proposed as part of the March Quarterly Review amounting to $382,414 be adopted.
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5.5 Development Application DA 101/2015(1) - 241-243 Summer Street TRIM Reference: 2015/1171 |
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RESOLVED - 15/195 Cr J Hamling/Cr S Munro That Council consents to development application DA 101/2015(1) for a Small Bar at Lot 9 DP 30201 – 241-243 Summer Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.
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Division of Voting |
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Voted For |
Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr J Hamling, Cr N Jones, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton, Cr A Brown |
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Voted Against |
Nil |
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Absent |
Cr C Gryllis, Cr R Kidd |
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5.6 Alcohol Free Zone Proposal - 1 November 2015 to 31 October 2019 TRIM Reference: 2015/1129 |
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RESOLVED - 15/196 Cr R Turner/Cr S Munro 1 That Council; as required by Sections 644, 644A, 644B 644C and 646 of the Local Government Act 1993, as amended; re-establish an Alcohol Free Zone in the public roads and public car parks within the area bounded by Hill Street to the west, William Street and Endsleigh Avenue to the east, Prince Street to the north and Moulder Street to the south, for a period of four years from 1 November 2015 to 31 October 2019. 2 That Council undertake the required formal community consultation as outlined in the report on the Alcohol Free Zone Proposal 1 November 2015 – 31 October 2019 by the Community Services Manager.
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5.7 Lease of Carparking Places TRIM Reference: 2015/906 |
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RESOLVED - 15/197 Cr S Munro/Cr J Whitton Item deferred to the next meeting on request of the applicant.
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5.8 Easement for Power - Lot 100 DP 1072260 TRIM Reference: 2015/1194 |
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RESOLVED - 15/198 Cr S Munro/Cr R Turner 1 That Council consent to an easement by Essential Energy on Council owned land Lot 100 DP 1072260. 2 That the General Manager be granted delegation to finalise the terms of the easement with Essential Energy. 3 That authority be granted to affix the Common Seal on all necessary documentation.
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5.9 Fit For The Future TRIM Reference: 2015/1251 |
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RESOLVED - 15/199 Cr R Gander/Cr J Whitton 1 That Council exhibit for 28 days the stand alone case as detailed in the Fit for the Future self-assessment tool. 2 That Council exhibit for 28 days a summary of the merger business case assessment as attached to this report. 3 That Orange City Council offer to Cabonne Council the necessary information regarding a merger to complete the Office of Local Government merger template and seek the necessary reciprocal information from Cabonne so that the completed merger template information is available to both Councils to consider prior to the deadline for the Fit for the Future submissions. 4 That Council approach the NSW Government, advising of the need for more detailed analysis and plans to undertake the more thorough assessment and requesting that the State Government preserve a proportionate share of Fit for the Future incentive funding while further analysis takes place. 5 That Council seek the support of Cabonne Council in approaching the NSW Government as per recommendation 4 above and also in undertaking the outlined further analysis.
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QUESTION TAKEN ON NOTICE Cr Turner requested a letter be sent to Andrew and Nadine Hume congratulating them on the establishment of the factory to spin Alpaca Wool. |
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Cr Duffy requested that a report be provided on the progress of the Jobs Creation Strategy. |
Council acknowleged the recent passing of Orange resident Peter Kircher, and noted the significant contribution to the City made by Mr Kircher. A letter to be sent to Mr Kircher’s family, expressing Council’s condolences.
6 Closed Meeting
In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.
In response to a question from the Mayor, the General Manager advised that no written submissions had been received relating to any item listed for consideration by the Closed Meeting of Council.
The Mayor extended an invitation to any member of the public present at the meeting to make a presentation to the Council as to whether the meeting should be closed for a particular item.
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RESOLVED - 15/200 Cr R Gander/Cr S Munro That Council adjourn into a Closed Meeting and members of the press and public be excluded from the Closed Meeting, and access to the correspondence and reports relating to the items considered during the course of the Closed Meeting be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions: 6.1 2015 Third Quarter Water Consumption Charges - 104 Hill Street Orange This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (b) the personal hardship of any resident or ratepayer. 6.2 Purchase of Land - South Orange This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. |
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE CLOSED MEETING AT 8.05PM.
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.25PM.
7 Resolutions from Closed Meeting
The General Manager read out the following resolutions made in the Closed Meeting of Council.
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6.1 2015 Third Quarter Water Consumption Charges - 104 Hill Street Orange TRIM Reference: 2015/1115 |
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RESOLVED - 15/201 Cr R Turner/Cr S Munro 1 That Council reduce the 2015 Third Quarter Water Consumption Charge of $4,053.84 to $343.40 based on the consumption for the same period the previous year. 2 That Council reduce the 2015 Fourth Quarter Water Consumption Charge to be issued in May 2015 based on the same principal above.
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6.2 Purchase of Land - South Orange TRIM Reference: 2015/1196 |
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RESOLVED - 15/202 Cr K Duffy/Cr R Turner 1 That Council authorise the General Manager to negotiate the purchase of Lot A DP 154249 in accordance with the terms discussed within the body of this report. 2 That, on acquisition, the land be classified as Operational. 3 That authority be granted to affix the Council Seal to all necessary documentation.
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The Meeting Closed at 8.26PM
This is Page Number 7 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 19 May 2015.
TRIM REFERENCE: 2015/1252
AUTHOR: Shirley Hyde, Legal and Property Officer
EXECUTIVE Summary
This report seeks Council’s consent to classify land situated in Molloy Drive being Lot 300 DP 1205457 designated for the purposes as a Drainage Reserve, as Operational Land.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “1.3 Our City - Ensure a robust framework that supports the community’s and Council’s current and evolving activities, services and functions”.
Financial Implications
Nil
Policy and Governance Implications
Nil
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1 That Lot 300 DP1205457 be classified as Operational Land pursuant to Chapter 6, Part 2 of the Local Government Act 1993 (NSW). 2 That authority be granted to affix the Council Seal to any documentation necessary. |
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
As part of the subdivision development of Lot 300 DP 1205457 Molloy Drive precinct, the developer was required in accordance with Council’s development consent and the Orange Development Control Plan 2004, to construct a drainage reserve. Council acquired such land through funding from Section 94 contributions. The subject land is marked on the map below.
The plan of subdivision was registered on 12 March 2015 and allocated DP 1205457. The drainage reserve comprising 7186m2 is identified on registered plan Lot 300 DP 1205457.
This report seeks to make the land operational.
6 Closed Meeting - See Closed Agenda
The General Manager will advise the Council if any written submissions have been received relating to any item advertised for consideration by a closed meeting of Orange City Council.
The Mayor will extend an invitation to any member of the public present at the meeting to make a representation to Council as to whether the meeting should be closed for a particular item.
In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.
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Recommendation That Council adjourn into a Closed Meeting and members of the press and public be excluded from the Closed Meeting, and access to the correspondence and reports relating to the items considered during the course of the Closed Meeting be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions: 6.1 2014 Fourth Quarter Water Consumption Charges - 474 The Escort Way Orange This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (b) the personal hardship of any resident or ratepayer. 6.2 2015 First and Second Quarter Water/Sewerage Charges - 119 Kite Street Orange This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (b) the personal hardship of any resident or ratepayer. 6.3 Lease Termination and Land Purchase - Orange Airport This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 6.4 Extension of Senior Staff Contract This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (a) personnel matters concerning particular individuals (other than councillors). |
6.1 2014 Fourth Quarter Water Consumption Charges - 474 The Escort Way Orange
TRIM REFERENCE: 2015/1200
AUTHOR: Matt Dean, Clerical Assistant - Water Billing
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (b) the personal hardship of any resident or ratepayer.
6.2 2015 First and Second Quarter Water/Sewerage Charges - 119 Kite Street Orange
TRIM REFERENCE: 2015/1293
AUTHOR: Matt Dean, Clerical Assistant - Water Billing
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (b) the personal hardship of any resident or ratepayer.
6.3 Lease Termination and Land Purchase - Orange Airport
TRIM REFERENCE: 2015/1360
AUTHOR: Chris Devitt, Director Technical Services
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
6.4 Extension of Senior Staff Contract
TRIM REFERENCE: 2015/1248
AUTHOR: Garry Styles, General Manager
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (a) personnel matters concerning particular individuals (other than councillors).