ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 19 November 2019

COMMENCING AT 7.00pm


 1      Introduction

Attendance

Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor (7.04pm), Cr R Turner, Cr J Whitton

Chief Executive Officer, Acting Director Corporate and Commercial Services, Acting Director Development Services, Manager Corporate and Community Relations, Manager Engineering Services, Communications Officer

 

1.1     APOLOGIES

 

RESOLVED - 19/567                                                                       Cr M Previtera/Cr S Munro

That the apologies be accepted from Cr K Duffy and Cr J Hamling for the Council Meeting of Orange City Council on 19 November 2019.

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Duffy

1.2     LIVESTREAMING AND RECORDING

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

 

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

Nil  

 


 

GOOD NEWS FOLDER

1               Email from Phillip Schwebel thanking Council for fast service in fixing pot holes in parts of Clifton Grove, after he had emailed a request in to have fixed.

2               Email from Amanda Dietiker thanking Council and everyone involved in making the footpath a reality along the western side of Brendon Sturgeon Oval and continuing along Anson Street to Bletchington Street. It makes a big difference getting kids around the area with a stroller and bike trailer.

3        Go Get opened servicing this week with two services at the Airport.

THERE WAS A MINUTES SILENCE FOR MR JOHN HAMILTON AND MR TONY SMITH WHO RECENTLY PASSED AWAY

 

 

LATE ITEM

RESOLVED - 19/568                                                                           Cr S Munro/Cr J Whitton

That the following late item be dealt with at the meeting of Orange City Council held on 19 November 2019:

CCL    6.4     Procurement of Robertson Park Amenities Block

 

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Duffy

3       Confirmation of Minutes of Previous Meeting

RESOLVED - 19/569                                                                           Cr J Whitton/Cr G Taylor

That the Minutes of the Ordinary Meeting of Orange City Council held on 7 November 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 7 November 2019.

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Duffy  

4       Notices of Motion/Notices of Rescission

4.1     Notice of Motion - Recycling

TRIM Reference:        2019/2458

RESOLVED - 19/570                                                                           Cr S Nugent/Cr R Turner

That Council review its material procurement policies and practices with a view to increasing procurement of products that use recycled materials.

 

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Duffy  

5       General Reports

5.1     Recommendations and Resolutions from Policy Committees

TRIM Reference:        2019/2448

RESOLVED - 19/571                                                                      Cr S Nugent/Cr M Previtera

1        That the resolutions made by the Planning and Development Committee at its meeting held on 7 November 2019 be noted.

2        That the resolutions made by the Infrastructure Policy Committee at its meeting held on 7 November 2019 be noted.

3        That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 7 November 2019 be noted.

4        That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 7 November 2019 be noted.

5        That the resolutions made by the Finance Policy Committee at its meeting held on 7 November 2019 be noted.

6        That the resolutions made by the Services Policy Committee at its meeting held on 7 November 2019 be noted.

 

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Duffy

 

MATTER ARISING  

Cr Taylor requested a review of the radio advertisement for water restrictions to avoid confusion as to what Level 5 water restrictions meant.

 

5.2     Statement of Investments - October 2019

TRIM Reference:        2019/2425

RESOLVED - 19/572                                                                            Cr S Munro/Cr R Turner

That Council resolves:

1        To note the Statement of Investments as at 31 October 2019.

2        To adopt the certification of the Responsible Accounting Officer.

 

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Duffy


 

 

5.3     Councillor Attendance, Training and Compliance

TRIM Reference:        2019/2368

RESOLVED - 19/573                                                                            Cr J McRae/Cr S Nugent

That Council note the report on Councillor Attendance, Training and Compliance.

 

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Duffy

 

5.4     Adoption of Flood Study and DCP Amendment

TRIM Reference:        2019/2267

RESOLVED - 19/574                                                                            Cr S Munro/Cr R Turner

That Council resolves to:

1        Adopt the Blackmans Swamp Creek and Ploughmans Creek Flood Study – April 2019 Rev 1.1 (includes the revisions recommended in the body of this report).

2        Adopt the amendments to the Development Control Plan attached and referred to in the body of this report.

 

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Duffy

 

5.5     Orange LEP 2011 - Amendment 24 - Post Exhibition report

TRIM Reference:        2019/2137

RESOLVED - 19/575                                                                           Cr J Whitton/Cr S Munro

That Council resolves to:

1        That Council adopt Amendment 24 to Orange Local Environmental Plan 2011 as exhibited; and

2        That Council adopt the amendment to Orange Development Control Plan 2004 relating to flood controls, updated to reflect the LEP land use definitions.

 

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Duffy


 

 

5.6     Register of Delegations

TRIM Reference:        2019/2423

This report was withdrawn and will be presented to the Council Meeting to be held on 3 December 2019.

 

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Duffy

 

5.7     Strategic Policy Review - Donations and Grants

TRIM Reference:        2019/2401

RESOLVED - 19/576                                                                           Cr S Nugent/Cr R Turner

That Council resolves to adopt the following policies:

·         ST029 – Donations and Grants

 

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Duffy

 

5.8     Strategic Policy Review - ST077 - Water Carting

TRIM Reference:        2019/2428

RESOLVED - 19/577                                                                            Cr S Nugent/Cr S Munro

That Council resolves to:

1        Place the following draft Strategic Policy on public exhibition for a minimum of 28 days:

·         ST077 – Water Carting

 

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Duffy


 

 

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 Chief Executive Officer 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 - 19/578                                                                          Cr S Munro/Cr S Romano

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     Southern Phone - Acquisition of Shares by AGL

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

6.2     Lease Part Post Office for Outdoor Dining Area

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     Tender Construction of Sir Jack Brabham Change Rooms and Amenities Block

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.

6.4     Procurement of Robertson Park Amenities Block

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 7.55pm.

The Mayor declared the Ordinary Meeting of Council resumed at 8.10pm.

7       Resolutions from Closed Meeting

The Chief Executive Officer read out the following resolutions made in the Closed Meeting of Council.

6.1     Southern Phone - Acquisition of Shares by AGL

TRIM Reference:        2019/2381

RESOLVED - 19/579                                                                             Cr S Munro/Cr T Mileto

1    That Council accept the offer from AGL for the acquisition of its 1 ordinary share and 1 preference share.

2    That the Chief Executive Officer be authorised to execute relevant documents.

3    That approval be granted for use of the Council Seal on all relevant documents if required.

 

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Duffy

 

6.2     Lease Part Post Office for Outdoor Dining Area

TRIM Reference:        2019/2447

RESOLVED - 19/580                                                                            Cr S Munro/Cr S Nugent

That Council resolves:

1        To enter into a lease with Alceon Group Pty Limited for a period of 20 years plus four 5 year options in accordance with the terms contained in this report.

2        To grant approval for the use of the Council Seal on any necessary documentation.

 

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Duffy

 

MATTER ARISING

Cr Turner requested a letter be sent to the management of the Orange City Centre congratulating them on the re-opening of the centre. 

 


 

 

6.3     Tender Construction of Sir Jack Brabham Change Rooms and Amenities Block

TRIM Reference:        2019/2457

RESOLVED - 19/581                                                                      Cr S Nugent/Cr M Previtera

That Council resolves to:

1        Award the contract for the construction of the Sir Jack Brabham Park Change Rooms and Amenities Block to Renascent Australia Pty Ltd for the amount of $664,985;

2        Allocate a contingency for the project as detailed in this report to be managed during the project; and

3        Grant permission to affix the Council Seal to all relevant documents.

 

For: Cr Kidd, Cr McRae, Cr Mileto, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Whitton

Against: Cr Munro, Cr Turner

Absent: Cr Hamling, Cr Duffy

 

6.4     Procurement of Robertson Park Amenities Block

TRIM Reference:        2019/2504

RESOLVED - 19/582                                                                               Cr S Nugent/Cr R Kidd

That Council resolves to permit the procurement of the Robertson Park Amenities Block in line with the new Local Government Act Procurement Regulations, rather than a Tender process.

 

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Duffy

 

The Meeting Closed at 8.14PM

 

This is Page Number 8 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 19 November 2019.