MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 4 June 2019
COMMENCING AT 7.00pm
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
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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.
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.
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
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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
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TRIM Reference: 2019/1061 |
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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. |
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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
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TRIM Reference: 2019/1029 |
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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.
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TRIM Reference: 2019/1084 |
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RESOLVED - 19/311 Cr J McRae/Cr R Kidd That information in this report be acknowledged.
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TRIM Reference: 2019/821 |
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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. |
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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. |
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THE AMENDMENT BEING PUT TO THE MEETING WAS CARRIED AND BECAME THE MOTION THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED |
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MOTION Cr R Kidd/Cr J Whitton That Council deal with each item individually for item 5.2. |
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THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED |
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RESOLVED - 19/312 Cr S Romano/Cr M Previtera That Council resolves to: 1 Not permit land or water based activity at Suma Park. |
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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. |
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RESOLVED - 19/314 Cr S Romano/Cr S Munro That Council resolves to: 3 investigate the installation of shower facilities at Gosling Creek.
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TRIM Reference: 2019/1079 |
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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.
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NOTICE WAS GIVEN OF A FORESHADOWED AMENDMENT |
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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
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THE AMENDMENT ON BEING PUT TO THE MEETING WAS LOST |
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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. |
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THE AMENDMENT ON BEING PUT TO THE MEETING WAS CARRIED AND BECAME THE MOTION THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED |
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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.
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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 - 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.
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TRIM Reference: 2019/766 |
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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.
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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.
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Division of Voting |
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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 |
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Voted Against |
Nil |
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Absent |
Cr R Turner, Cr M Previtera |
**Cr M Previtera returned to the meeting with the time being 9.55 pm.**
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TRIM Reference: 2019/954 |
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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.
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TRIM Reference: 2019/1067 |
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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.
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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.