ORANGE CITY COUNCIL

 

MINUTES OF THE

Ordinary Council Meeting

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

ON 4 June 2019

COMMENCING AT 7.00pm


 1      Introduction

Attendance

Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr J Whitton

Acting General Manager, Acting Director Corporate and Commercial Services, Acting Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Governance Coordinator, Manager Corporate and Community Relations, Manager Engineering Services

 

1.1     APOLOGIES

 

RESOLVED - 19/289                                                                           Cr S Munro/Cr J Hamling

That the apology be accepted from Cr R Turner for the Council Meeting of Orange City Council on 4 June 2019.

1.2     LIVESTREAMING AND RECORDING

The Mayor advised that the meeting was being livestreamed and recorded.

 

1.4     ACKNOWLEDGEMENT OF COUNTRY

The Mayor conducted the Acknowledgement of Country

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

Cr M Previtera declared a less than significant non-pecuniary interest in item 3.1 of the Environmental Sustainability Policy Committee Meeting as an employee of Essential Energy and will remain in the Chamber during the item.

Cr M Previtera declared a significant non-pecuniary interest in item 6.1 of the Closed Items (Tenders for Cargo Road Street Lighting) as he is an employee of Essential Energy and in that role has commercial dealings with the tenders and will leave the Chamber and not participate in the voting or debate on this item.

Cr S Romano declared a less than significant non-pecuniary interest in item 2.1 of the Planning and Development Policy Committee meeting as a previous neighbour of one of the applicants and will remain in the Chamber during the item.

Cr T Mileto declared a less than significant non-pecuniary interest in item 4.1 of the Finance Policy Committee as a Life Member of the Junior Orange Ex-Services’ Club and will remain in the Chamber during the item.

2       Mayoral Minutes

Nil 

 

GOOD NEWS FOLDER

1          Letter from Water Industry Operators Association of Australia to thank Council for hosting the Water Industry Operators Association of Australia’s 13th Annual Conference that was held in Orange in April 2019. They also congratulated the Orange City Council Main Tapping team on their win in the inaugural competition as well as Council for being a finalist in the Best Tasting Tap Water Competition.

2          Email from Lindy Glover thanking Council for their assistance and support in helping the Committee of the Ploughmans Wetlands Care Group on a planting day they held in the Ploughmans Wetlands on 11 May 2019. (photo on email of group)

3          Certificate of Appreciation from Orange Bush Nippers to Orange City Council for generous contributions that have assisted the club to improve water safety and confidence of children and to also provide them with opportunities to develop good communication and leadership skills.

4          Email thanking Ranger Matthew Morrison for his Extraordinary customer service and diligence following up on a dog attack and further 6:30am morning patrols to educate dog owners. The resident expressed that Matthew was not only an asset to Orange City Council but also the entire community.

5          Letter from Orange & District Kennel & Obedience Club thanking Orange City Council and Council staff Mark Hodges & Rosemary Reid for their assistance with advertising basic obedience classes creating greater community awareness of positive dog behaviour.

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.06PM.

 

OPEN FORUM 

Item 5.2 – Recreational Use of Spring Creek and Suma Park Dams

Mr Bernard Huxtable spoke against this item.

Mr Don Harvey spoke against this item.

Mr Steph O’Dea spoke against this item.

Mr Cyril Smith spoke against this item.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.24PM.

 

3       Confirmation of Minutes of Previous Meeting

RESOLVED - 19/290                                                                             Cr S Munro/Cr J McRae

That the Minutes of the Ordinary Meeting of Orange City Council held on 21 May 2019 (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 21 May 2019.

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.25PM

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.32PM

 

4       Notices of Motion/Notices of Rescission

4.1     Rescission Motion - Orange Ex-Services Club Pool

TRIM Reference:        2019/1061

Cr T Mileto declared a less than significant non-pecuniary interest as a Life Member of the Junior Orange Ex-Services Club and remained in the Chamber during the item.

Motion                                                                                                 Cr G Taylor/Cr K Duffy

That Council rescind the following resolution of the Sport and Recreation Policy Committee meeting of 7 May 2019:

 

2.1     Orange Ex-Services’ Club - Aquatic Centre        

RESOLVED - 19/248                                                                                  Cr R Kidd/Cr S Nugent

That Council not continue with the feasibility study of OESC.

 

THE MOTION ON BEING PUT TO THE MEETING WAS LOST

 

 

 

4.2     Notice of Motion - Councillor Expenses

TRIM Reference:        2019/1029

RESOLVED - 19/310                                                                             Cr S Munro/Cr J McRae

That Council resolves, notwithstanding the existing policy, that Councillor travel expenses be claimed within a three month period, that all Councillor expenses must be claimed prior to 30 June 2019 or the Councillor waives the right to claim for these expenses at a future date.

 

 

5       General Reports

5.1     Australian Local Government Women's Association Conference - Attendance by Cr Joanne McRae

TRIM Reference:        2019/1084

RESOLVED - 19/311                                                                                 Cr J McRae/Cr R Kidd

That information in this report be acknowledged.

 

 

5.2     Recreational use of Spring Creek and Suma Park Dams

TRIM Reference:        2019/821

MOTION                                                                                      Cr S Romano/Cr M Previtera

That Council resolves to:

1        Not permit land or water based activity at Suma Park; and

2        To commence the process to seek approval to permit access to Spring Creek Dam for non-powered and electric boating and fishing but not permit camping.

AMENDMENT                                                                              Cr S Romano/Cr M Previtera

That Council resolves to:

1        Not permit land or water based activity at Suma Park; and

2        To commence the process to seek approval to permit access to Spring Creek Dam for non-powered and electric boating and fishing but not permit camping.

3        Investigate the installation of shower facilities at Gosling Creek.

THE AMENDMENT BEING PUT TO THE MEETING WAS CARRIED AND BECAME THE MOTION

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

MOTION                                                                                                Cr R Kidd/Cr J Whitton

That Council deal with each item individually for item 5.2.

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

RESOLVED - 19/312                                                                    Cr S Romano/Cr M Previtera

That Council resolves to:

1        Not permit land or water based activity at Suma Park.

RESOLVED - 19/313                                                                    Cr S Romano/Cr M Previtera

That Council resolves to:

2        Commence the process to seek approval to permit access to Spring Creek Dam for non-powered and electric boating and fishing but not permit camping.

RESOLVED - 19/314                                                                          Cr S Romano/Cr S Munro

That Council resolves to:

3        investigate the installation of shower facilities at Gosling Creek.

 

 

 

5.3     Options Report - Public Space Amenities

TRIM Reference:        2019/1079

MOTION                                                                                        Cr S Nugent/Cr M Previtera

That Council resolves:

1        That Council note the report; and

2        That Council determine a preference order of projects to convey to the NSW Government.

 

NOTICE WAS GIVEN OF A FORESHADOWED AMENDMENT

AMENDMENT                                                                               Cr S Nugent/Cr M Previtera

That item two (2) be amended that the projects be in the order:

·         Perry Oval

·         Glenroi Oval

·         John Lomas Skate Park

 

THE AMENDMENT ON BEING PUT TO THE MEETING WAS LOST

FORESHADOWED AMENDMENT                                                            Cr R Kidd/Cr G Taylor

That Council resolves to defer item 5.3 until after the proposed meeting with the CWA later this month.

THE AMENDMENT ON BEING PUT TO THE MEETING WAS CARRIED AND BECAME THE MOTION

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

RESOLVED - 19/315                                                                                 Cr R Kidd/Cr G Taylor

That Council resolves to defer item 5.3 until after the proposed meeting with the CWA later this month.

 

 


 

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.

RESOLVED - 19/316                                                                          Cr J Whitton/Cr S Nugent

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     Tenders for Cargo Road Street Lighting

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     Electricity Procurement

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 and (d)i commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

6.3     Lease of 142 March 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 (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 9.50pm.

The Mayor declared the Ordinary Meeting of Council resumed at 10.05pm.


 

7       Resolutions from Closed Meeting

The Acting Director Corporate and Commercial Services read out the following resolutions made in the Closed Meeting of Council.

6.1     Tenders for Cargo Road Street Lighting

TRIM Reference:        2019/766

Cr M Previtera declared a significant non-pecuniary interest as an employee of Essential Energy and in that role has commercial dealings with the tenders, left the Chamber and did not participate in the voting or debate on this item.

 

RESOLVED - 19/317                                                                            Cr S Nugent/Cr S Munro

That Council resolves to:

1        Approve the General Manager, or his nominee, to enter into a standard contract with Large Industries Pty Limited t/as JLE Electrical for the Cargo Road Upgrade Street Lighting for the amount of $202,232.22 exclusive of GST;

2        Grant permission to the General Manager or nominee to do such things as may be necessary or convenient to give effect to this decision, including affixing the Council Seal to all relevant documents if required.

 

 

Division of Voting

Voted For

Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr G Taylor, Cr J Whitton

Voted Against

Nil

Absent

Cr R Turner, Cr M Previtera

**Cr M Previtera returned to the meeting with the time being 9.55 pm.**


 

 

6.2     Electricity Procurement

TRIM Reference:        2019/954

RESOLVED - 19/318                                                                            Cr T Mileto/Cr S Nugent

That Council resolves to:

1        Acknowledge that there are extenuating circumstances surrounding the procurement of electricity due to the 2-day validity of offers from electricity retailers where anything longer than this is likely to include a price risk component and as such Council should be excused from the tendering requirements under S55(3)(i) of the LG Act for the procurement of electricity for small tariff sites, large contract sites and streetlighting which are due to commence on 1 January 2020.

2     Delegate the authority to execute the contracts for the supply of electricity for small tariff sites, large contract sites and streetlighting to the General Manager.

3     Contribute 20% of Council’s electricity load to a renewable energy Power Purchase Agreement where the pricing is financially advantageous; and

4     Advise Central NSW Joint Organisation of Council’s decision.

 

 

 

 

6.3     Lease of 142 March Street Orange

TRIM Reference:        2019/1067

RESOLVED - 19/319                                                                            Cr T Mileto/Cr S Nugent

That Council resolves:

1        To enter into a 5 year lease with a 5 year option of 142 March Street, Orange.

2        That the agreement include a without cause termination clause by either party with six months’ notice.

3        That permission be granted for the use of the Council seal on any necessary documentation.

 

 

The Meeting Closed at 10.07PM

 

This is Page Number 9 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 4 June 2019.