ORANGE CITY COUNCIL
Ordinary Council Meeting
Agenda
7 April 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, 7 April 2015 commencing at 7.00pm.
Garry Styles
General Manager
For apologies please contact Michelle Catlin on 6393 8246.
Council Meeting 7 April 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
COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE OPEN FORUM
3 Confirmation of Minutes of Previous Meeting
3.1 Minutes of the Ordinary Meeting of Orange City Council held on 17 March 2015
3.2 Minutes of the Extraordinary Meeting of Orange City Council held on 31 March 2015
COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE POLICY COMMITTEES
4 Notices of Motion/Notices of Rescission
4.1 Proposed Rectangular Field by Cr Gryllis
6 Closed Meeting - See Closed Agenda
6.1 Loan Borrowings 2015 Financial Year
7 Resolutions from closed meeting
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.
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
RECOMMENDATION That the Minutes of the Ordinary Meeting of Orange City Council held on 17 March 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 17 March 2015. |
RECOMMENDATION That the Minutes of the Extraordinary Meeting of Orange City Council held on 31 March 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 31 March 2015. |
Attachments
1 Minutes of the Ordinary Meeting of Orange City Council held on 17 March 2015
2 Minutes of the Extraordinary Meeting of Orange City Council held on 31 March 2015
ORANGE CITY COUNCIL
MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 17 March 2015
COMMENCING AT 7.00pm
1 Introduction
Attendance
Cr J Davis (Mayor), Cr C Gryllis (Deputy Mayor), Cr A Brown, Cr K Duffy, Cr R Gander Cr N Jones, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner
General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Administration and Governance, Water and Sewer Strategic Manager, Communications Officer
1.1 APOLOGIES
RESOLVED - 15/090 Cr C Gryllis/Cr R Turner That the apologies be accepted from Cr J Hamling and Cr J Whitton for the Council Meeting of Orange City Council on 17 March 2015. |
1.2 OPENING PRAYER
ROBERT McKEAN OF THE PRESBYTERIAN 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
Nil
3 Confirmation of Minutes of Previous Meeting
RESOLVED - 15/091 Cr K Duffy/Cr S Munro That the Minutes of the Ordinary Meeting of Orange City Council held on 3 March 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 3 March 2015.
|
4 Notices of Motion/Notices of Rescission
Nil
5 General Reports
5.1 Statement of Investments - February 2015 TRIM Reference: 2015/594 |
RESOLVED - 15/092 Cr K Duffy/Cr S Munro That Council 1 Receives the Statement of Investments as at 28 February 2015. 2 Receives and adopts the certification of the Responsible Accounting Officer.
|
5.2 Recommendations and Resolutions from Policy Committees TRIM Reference: 2015/604 |
RESOLVED - 15/093 Cr K Duffy/Cr C Gryllis 1 That the resolutions made by the Sustainable Development Committee at its meeting held on 3 March 2015 be noted. 2 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 3 March 2015 be noted. 3 That the resolutions made by the Services Policy Committee at its meeting held on 3 March 2015 be noted. 4 That the resolutions made by the Environment and Economic Development Committee at its meeting held on 3 March 2015 be noted. 5 That the resolutions made by the Finance Policy Committee at its meeting held on 3 March 2015 be noted.
|
5.3 Outstanding Questions Taken on Notice TRIM Reference: 2015/590 |
RESOLVED - 15/094 Cr C Gryllis/Cr S Munro That the information provided in the report by the Manager Administration and Governance on Questions Taken on Notice be acknowledged.
|
5.4 2015 National General Assembly of Local Government Call for Motions TRIM Reference: 2015/658 |
RESOLVED - 15/095 Cr C Gryllis/Cr S Munro 1 That Council develop Motions to the National General Assembly on the topics of: · Container deposit legislation · Roles and responsibilities of private certifiers · Reduction in Federal Assistance Grant scheme 2 That Councillors Duffy, Munro and Kidd represent Orange at the National General Assembly to be held 14 to 17 June 2015 in Canberra.
|
5.5 Variation to Alcohol Free Zone TRIM Reference: 2015/586 |
RESOLVED - 15/096 Cr C Gryllis/Cr R Turner That Council agrees to remove the Alcohol Free Zone immediately in front of Shop 8 Orange Arcade at 142-146 Summer Street, Orange such that alcohol can be served with food to patrons seated within the approved footpath outdoor dining area associated with Scrumptious on Summer Café.
|
5.6 Request For Financial Assistance TRIM Reference: 2015/593 |
RESOLVED - 15/097 Cr R Turner/Cr S Munro 1 That Council decline the requests for financial assistance from Laurence Montague and Melanie Gooneratne as the General Donations budget has been fully expended. 2 That Council decline the request from the Orange Domestic Violence Action Group, as the General Donations budget is fully expended, and they have already received a separate donation this year. 3 That Council decline the request for financial assistance from Duntryleague, as the Major Promotions budget has been fully expended, and they have already received a separate donation this year.
|
RESOLVED - 15/098 Cr C Gryllis/Cr A Brown That Council waive the Orange Function Centre hire fees for Trudy Tackles MS and a report be provided identifying a funding source for these fees.
|
RESOLVED - 15/099 Cr R Gander/Cr C Gryllis That Council provide assistance to Kyan Lucas by assisting the family to identify possible avenues of financial/other support.
|
RESOLVED - 15/100 Cr C Gryllis/Cr G Taylor That Council decline the request for financial assistance from Heart Beats and Sahayas Pty Ltd as the general donations budget has been fully expended.
|
QUESTION TAKEN ON NOTICE Cr Taylor requested a review of Council’s process for determining requests to waive hire fees for the Orange Function Centre, and include a review of costs for making the Centre available.
|
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 - 15/101 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 Request - Write off bad debt 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 Tender - Construction of West Orange Sewer Pump Station 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 7.50PM
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.25PM
7 Resolutions from Closed Meeting
The Mayor read out the following resolutions made in the Closed Meeting of Council.
6.1 Request - Write off bad debt TRIM Reference: 2015/552 |
RESOLVED - 15/102 Cr R Kidd/Cr C Gryllis That Council write off the bad debt number (debtor reference 4881.89) amounting to $5,555.31 due to the debtor being declared bankrupt.
|
6.2 Tender - Construction of West Orange Sewer Pump Station TRIM Reference: 2015/578 |
RESOLVED - 15/103 Cr S Munro/Cr R Turner 1 That Council award the contract for the Construction of West Orange Sewer Pump Station to Mafile Pty Ltd for the amount of $297,099.00 inclusive of GST. 2 That permission be granted to affix the Council seal to all relevant documents.
|
Division of Voting |
|
Voted For |
Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr N Jones, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr A Brown |
Voted Against |
Nil |
Absent |
Cr J Hamling, Cr J Whitton |
CONFIDENTIAL BRIEFINGS
Councillors were provided an update on the Fit For Future Program and Orange Botanic Gardens Master Plan.
RESOLVED - 15/104 Cr R Kidd/Cr R Gander That the briefings to Councillors be noted.
|
The Meeting Closed at 8.27pm
This is Page Number Six and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 17 March 2015.
ORANGE CITY COUNCIL
MINUTES OF THE
Extraordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 31 March 2015
COMMENCING AT 7.00pm
1 Introduction
Attendance
Cr J Davis (Mayor), Cr C Gryllis (Deputy Mayor), Cr A Brown (7.23pm), Cr K Duffy, Cr R Gander, Cr J Hamling, Cr R Kidd, Cr S Munro, Cr G Taylor (7.11pm), Cr R Turner, Cr J Whitton
General Manager, Director Corporate and Commercial Services, Director Development Services, Director Technical Services, Manager Administration and Governance, Manager Corporate and Community Relations, Manager Financial Services, Water Treatment Manager, Water and Sewerage Strategic Manager, Manager Waste Services and Technical Support
1.1 APOLOGIES
RESOLVED - 15/105 Cr J Hamling/Cr S Munro That the apologies be accepted from Cr N Jones and Cr A Brown for lateness for the Extraordinary Council Meeting of Orange City Council on 31 March 2015. |
1.2 ACKNOWLEDGEMENT OF COUNTRY
1.3 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Item 2.1 Community Strategic Plan and 2015/19 Delivery/Operational Plan
Cr R Kidd declared a non-pecuniary interest in the donation request from Racing Orange, due to a previous declaration of interest.
Cr R Turner declared a non-pecuniary interest in the donation request from the Orange Regional Conservatorium as he is a member of the board of the Orange Regional Conservatorium.
2 General Reports
2.1 Community Strategic Plan and 2015/19 Delivery/Operational Plan TRIM Reference: 2015/792 |
RESOLVED - 15/106 Cr J Whitton/Cr S Munro That Council place the draft Community Strategic Plan and draft 2015/16 – 2018/19 Delivery/Operational Plan on public exhibition, with the exception of the proposed donation to the Orange Regional Conservatorium and the donation to Racing Orange.
|
** Cr Taylor arrived at the meeting at 7.11pm**
Cr R Turner declared a non-pecuniary interest in the donation request from the Orange Regional Conservatorium as he is a member of the Board of the Orange Regional Conservatorium, left the Chamber, and did not participate in the voting or debate on this item. |
RESOLVED - 15/107 Cr J Whitton/Cr C Gryllis That the proposed donation to the Orange Regional Conservatorium be placed on public exhibition as part of the 2015/19 Delivery/Operational Plan.
|
Cr R Kidd declared a non-pecuniary interest in the donation request from Racing Orange, due to a previous declaration of interest, left the Chamber, and did not participate in the voting or debate on this item. |
RESOLVED - 15/108 Cr J Whitton/Cr C Gryllis That Council note the impact of the previously approved donation to Racing Orange and its impact of fully expending the donations budget in 2017/18.
|
** Cr Brown arrived at the meeting at 7.23pm**
2.2 Draft Resourcing Strategy TRIM Reference: 2015/807 |
RESOLVED - 15/109 Cr C Gryllis/Cr J Whitton That Council place the Resourcing Strategy documents (Long Term Financial Plan, Workforce Management Plan, Asset Management Strategy and Asset Management Policy) on public exhibition.
|
The Meeting Closed at 7.40pm
This is Page Number 2 and the Final Page of the Minutes of the Extraordinary Meeting of Orange City Council held on 31 March 2015.
4 Notices of Motion/Notices of Rescission
TRIM REFERENCE: 2015/935
I, CR Chris Gryllis wish to move the following Notice of Motion at the Council Meeting of 7 April 2015:
That Council review the pros and cons of the proposed rectangular field project and consider alternate sites including the Mitchell Highway Gateway site.
|
Background
Council owns significant land holdings on the City gateway which may be able to be used for the rectangular field project.
Signed Cr Chris Gryllis
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 Loan Borrowings 2015 Financial Year 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. |
6.1 Loan Borrowings 2015 Financial Year
TRIM REFERENCE: 2015/809
AUTHOR: Julie Murray, Financial Accountant
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.