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

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 17 March 2015  5

3.2            Minutes of the Extraordinary Meeting of Orange City Council held on 31 March 2015  11

COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE POLICY COMMITTEES

COUNCIL MEETING RESUMES.

4                Notices of Motion/Notices of Rescission.. 13

4.1            Proposed Rectangular Field by Cr Gryllis. 13

5                General Reports. 14

Nil

6                Closed Meeting - See Closed Agenda.. 14

6.1            Loan Borrowings 2015 Financial Year. 15

7                Resolutions from closed meeting.. 15

 


Council Meeting                                                                                                 7 April 2015

1       Introduction

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.

1.3     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 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.     


Council Meeting                                                                                                 7 April 2015

4       Notices of Motion/Notices of Rescission

4.1     Proposed Rectangular Field by Cr Gryllis

TRIM REFERENCE:        2015/935

 

 

I, CR Chris Gryllis wish to move the following Notice of Motion at the Council Meeting of 7 April 2015:

 

Motion

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

 

 

   


Council Meeting                                                                                                 7 April 2015

5       General Reports

Nil   

 

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.

 

 


Council Meeting                                                                                                 7 April 2015

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.

 

 

7       Resolutions from closed meeting