ORANGE CITY COUNCIL

Ordinary Council Meeting

 

Agenda

 

5 July 2016

 

 

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, 5 July 2016  commencing at 7.00pm.

 

 

Garry Styles

General Manager

 

For apologies please contact Michelle Catlin on 6393 8246.

    

 


Council Meeting                                                                                                   5 July 2016

Agenda

EVACUATION PROCEDURE

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                Introduction.. 3

1.1            Apologies and Leave of Absence. 3

1.2            Acknowledgement of Country. 3

1.3            Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests. 3

2                Mayoral Minutes. 3

Nil

COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE OPEN FORUM

COUNCIL MEETING RESUMES

3                Confirmation of Minutes of Previous Meeting.. 3

3.1            Minutes of the Ordinary Meeting of Orange City Council held on 21 June 2016  4

COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE POLICY COMMITTEES

COUNCIL MEETING RESUMES

4                Notices of Motion/Notices of Rescission.. 10

Nil

5                General Reports. 10

Nil

6                Closed Meeting - See Closed Agenda.. 11

6.1            NetWaste Tender for Collection and Disposal of Used Motor Oil 12

6.2            Sale of land - Narrambla Estate. 13

6.3            Supply of Water to Cabonne Council water pricing. 14

7                Resolutions from closed meeting.. 15

 


Council Meeting                                                                                                   5 July 2016

1       Introduction

1.1     Apologies and Leave of Absence

1.2     Opening Prayer

1.3     Acknowledgement of Country

I would like to acknowledge the Wiradjuri people who are the Traditional Custodians of the Land. I would also like to pay respect to the Elders both past and present of the Wiradjuri Nation and extend that respect to other Aboriginal Australians who are present.

1.4     Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests

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.

Recommendation

It is recommended that Councillors now disclose any conflicts of interest in matters under consideration by the Council at this meeting.

 

2       Mayoral Minutes

Nil       

3       Confirmation of Minutes of Previous Meeting

RECOMMENDATION

That the Minutes of the Ordinary Meeting of Orange City Council held on 21 June 2016 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate records of the proceedings of the Council meeting held on 21 June 2016.

 

Attachments

1        Minutes of the Ordinary Meeting of Orange City Council held on 21 June 2016



ORANGE CITY COUNCIL

 

MINUTES OF THE

Ordinary Council Meeting

HELD IN Council Chamber, Civic Centre, Byng Street, Orange

ON 21 June 2016

COMMENCING AT 7.00pm


 1      Introduction

Attendance

Cr C Gryllis (Deputy Mayor), Cr A Brown, Cr R Gander, Cr N Jones, Cr R Kidd, 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.

 

1.1     APOLOGIES

 

RESOLVED - 16/240                                                                             Cr J Whitton/Cr R Kidd

That the apologies be accepted from Cr J Davis OAM (Mayor), Cr K Duffy and Cr J Hamling for the Council Meeting of Orange City Council on 21 June 2016.

 

1.2     OPENING PRAYER

GEOFF LANGDON – WEST ORANGE BAPTIST CHURCH LED THE COUNCIL IN PRAYER

 

1.3     ACKNOWLEDGEMENT OF COUNTRY

 

1.4     Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests

Nil

2       Mayoral Minutes

2.1     Mayoral Centroc Board Report

TRIM Reference:        2016/1267

RESOLVED - 16/241                                                                         Cr J Whitton/Cr S Munro

That the Mayoral Minute on the Centroc Board Meeting 12 May 2016 at Parliament House be noted.

 

 

QUESTION TAKEN ON NOTICE                                                                                                   

Cr Kidd requested a report be submitted to the next Council Meeting on Council’s involvement in the Association of Mining Related Councils and the benefits of maintaining membership.

 

2.2     Road Maintenance

TRIM Reference:        2016/1384

RESOLVED - 16/242                                                                            Cr C Gryllis/Cr R Turner

That the information contained in the Mayoral Minute on road maintenance be acknowledged.

 

   

3       Confirmation of Minutes of Previous Meeting

RESOLVED - 16/243                                                                               Cr R Kidd/Cr S Munro

That the Minutes of the Ordinary Meeting of Orange City Council held on 7 June 2016 (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 7 June 2016.

 

 

4       Notices of Motion/Notices of Rescission

Nil


 

5       General Reports

5.1     Recommendations and Resolutions from Policy Committees

TRIM Reference:        2016/1301

RESOLVED - 16/244                                                                          Cr R Turner/Cr R Gander

1        That the resolutions made by the Planning and Development Committee at its meeting held on 7 June 2016 be noted.

2        That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held 7 June 2016 be noted.

3        That the resolutions made by the Infrastructure Policy Committee at its meeting held on 7 June 2016 be noted.

4        That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 7 June 2016 be noted.

5        That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 7 June 2016 be noted.

6        That the resolutions made by the Finance Policy Committee at its meeting held on 7 June 2016 be noted.

 7       That the resolutions made by the Services Policy Committee at its meeting held on 7 June 2016 be noted.

 

 

5.2     Outstanding Questions Taken on Notice

TRIM Reference:        2016/1322

RESOLVED - 16/245                                                                           Cr S Munro/Cr G Taylor

That the information provided in the report by the Manager Administration and Governance on Questions Taken on Notice be acknowledged.

 

 

QUESTION TAKEN ON NOTICE  

Cr Taylor requested information on the upgrade of Spring Hill Fire Station. A memo will be provided to Councillors.

 

5.3     Statement of Investments - May 2016

TRIM Reference:        2016/1265

RESOLVED - 16/246                                                                          Cr R Gander/Cr S Munro

1        That Council receives the Statement of Investments as at 31 May 2016.

2        That Council receives and adopts the certification of the Responsible Accounting Officer.

 

5.4     Recent promotions of the Orange Region

TRIM Reference:        2016/1297

RESOLVED - 16/247                                                                               Cr S Munro/Cr R Kidd

1    That Council note the report on activities undertaken to promote the Orange region.

2    That Council note the alteration to the funding agreement with Brand Orange such that the Newtown event sponsored at $15,000 will not be included and the allocation will be removed but that an increase of $6,500 (inc GST) will be added to the F.O.O.D Week funding in the agreement to make that item a total of $10,000 (inc GST) on the basis that the marketing program for F.O.O.D Week will be reported to Council in the funding agreement acquittal report due on 1 December 2016.

 

 

5.5     Planning Proposal - to amend building height limit at 194 Anson Street (Orange City Centre)

TRIM Reference:        2016/1302

MOTION                                                                                             Cr R Turner/Cr S Munro

1     That Council send the planning proposal to the Department of Planning and Environment seeking a Gateway determination.

2     That Council undertake such additional studies or strategic work as may be required by a Gateway determination at the proponent’s cost.

3     That Council proceed to undertake agency consultation and public exhibition as may be required by a Gateway determination.

AMENDMENT                                                                                     Cr N Jones/Cr R Gander

That the Planning Proposal to amend the building height limit at 194 Anson Street (Orange City Centre) be deferred and a Councillor Briefing be held to discuss this proposal.

THE AMENDMENT ON BEING PUT TO THE MEETING WAS LOST

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

RESOLVED - 16/248                                                                           Cr R Turner/Cr S Munro

1     That Council send the planning proposal to the Department of Planning and Environment seeking a Gateway determination.

2     That Council undertake such additional studies or strategic work as may be required by a Gateway determination at the proponent’s cost.

3     That Council proceed to undertake agency consultation and public exhibition as may be required by a Gateway determination.

 

 

Division of Voting

 

Voted For

Cr C Gryllis, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton

 

Voted Against

Cr A Brown, Cr N Jones, Cr R Gander, Cr R Kidd,

 

Absent

Cr J Davis (Mayor), Cr K Duffy, Cr J Hamling

 

5.6     Minutes of the Environmental Sustainability Community Committee - 20 May 2016

TRIM Reference:        2016/1321

RESOLVED - 16/249                                                                               Cr R Kidd/Cr S Munro

That the recommendations made by the Environmental Sustainability Community Committee at its meeting held on 20 May 2016 be adopted, noting that Cr Kidd indicated he had submitted an apology for this meeting.

 

 

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 Deputy 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 Deputy 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.

RESOLVED - 16/250                                                                               Cr R Turner/Cr R Kidd

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     Senior staff

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).

 

     

The Deputy Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 7.47pm.

The Deputy 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.

6.1     Senior staff

TRIM Reference:        2016/1247

RESOLVED - 16/251                                                                         Cr J Whitton/Cr G Taylor

That the information provided to Council under Section 339 of the Local Government Act 1993 with respect to the contractual arrangements of Senior Staff, being the General Manager and Directors, be received and noted.

 

 

MATTER ARISING

RESOLVED - 16/252                                                                               Cr G Taylor/Cr R Kidd

That Council note that some of the remnant rose bushes in Anson Street were removed after Council’s resolution to cease activity on these rose bushes.

 

The Meeting Closed at 8.27pm

 

This is Page Number 6 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 21 June 2016.

     


Council Meeting                                                                                                   5 July 2016

 

4       Notices of Motion/Notices of Rescission

Nil

5       General Reports

Nil   


Council Meeting                                                                                                   5 July 2016

 

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.

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     NetWaste Tender for Collection and Disposal of Used Motor Oil

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.

6.2     Sale of land - Narrambla Estate

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.

6.3     Supply of Water to Cabonne Council water pricing

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.

 

 


Council Meeting                                                                                                   5 July 2016

 

6.1     NetWaste Tender for Collection and Disposal of Used Motor Oil

TRIM REFERENCE:        2016/1374

AUTHOR:                       Wayne Davis, Manager Waste Services and Technical Support    

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.

 

 


Council Meeting                                                                                                   5 July 2016

 

6.2     Sale of land - Narrambla Estate

TRIM REFERENCE:        2016/1130

AUTHOR:                       Kathy Woolley, Director Corporate and Commercial 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.

 

 


Council Meeting                                                                                                   5 July 2016

 

6.3     Supply of Water to Cabonne Council water pricing

TRIM REFERENCE:        2016/1392

AUTHOR:                       John Boyd, Operations 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 (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

  


Council Meeting                                                                                                   5 July 2016

 

 

7       Resolutions from closed meeting