ORANGE CITY COUNCIL
Ordinary Council Meeting
Agenda
5 May 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, 5 May 2015 commencing at 7.00pm.
Garry Styles
General Manager
For apologies please contact Michelle Catlin on 6393 8246.
Council Meeting 5 May 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
1.3 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 21 April 2015
COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE POLICY COMMITTEES
4 Notices of Motion/Notices of Rescission
5.1 Lease of Top Floor Soldiers Memorial Hall
6 Closed Meeting - See Closed Agenda
6.1 Request to Write-Off Rates, Charges and Interest Levied on 49 Endsleigh Avenue
7 Resolutions from closed meeting
Council Meeting 5 May 2015
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.
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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
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RECOMMENDATION That the Minutes of the Ordinary Meeting of Orange City Council held on 21 April 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 21 April 2015. |
Attachments
1 Minutes of the Ordinary Meeting of Orange City Council held on 21 April 2015
ORANGE CITY COUNCIL
MINUTES OF THE
Ordinary Council Meeting
HELD IN OLD TOWN HALL, OCTEC BUILDING, ANSON Street, Orange
ON 21 April 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 J Hamling, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton
General Manager, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Administration and Governance, Manager Corporate and Community Relations, Manager Waste Services and Technical Support
1.1 APOLOGY
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RESOLVED - 15/140 Cr C Gryllis/Cr J Hamling That the apology be accepted from Cr N Jones for the Council Meeting of Orange City Council on 21 April 2015. |
Cr Jeff Whitton, as Chairperson of the Board of OCTEC, welcomed Council and the public to the building, and gave a history of the building and an outline of the renovations undertaken to the Old Town Hall.
Cr Whitton thanked Andrew McDougall, Dearne Phillips and the staff of OCTEC for the work undertaken to host the Council meeting.
The Mayor thanked the Board of OCTEC and Mr McDougall for hosting the Council meeting.
1.2 OPENING PRAYER
TIM WHITE OF THE EVER UPWARD 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
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RESOLVED - 15/141 Cr R Gander/Cr S Munro That the Minutes of the Ordinary Meeting of Orange City Council held on 7 April 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 7 April 2015.
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4 Notices of Motion/Notices of Rescission
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4.1 Waste Collection Service by Cr Whitton TRIM Reference: 2015/1056 |
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a motion was moved and seconded Cr J Whitton/Cr K Duffy/Cr G Taylor That Orange City Council reject all plans to implement a fortnightly red bin collection, therefore leaving the existing weekly red bin collection service in place.
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ON BEING PUT TO THE MEETING THE MOTION WAS LOST |
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Division of Voting |
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Voted For |
Cr J Whitton, Cr K Duffy, Cr G Taylor |
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Voted Against |
Cr J Davis (Mayor), Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr R Kidd, Cr S Munro, Cr R Turner, Cr A Brown |
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Absent |
Cr N Jones |
5 General Reports
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5.1 Statement of Investments - March 2015 TRIM Reference: 2015/941 |
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RESOLVED - 15/142 Cr J Hamling/Cr S Munro That Council 1 Receives the Statement of Investments as at 31 March 2015. 2 Receives and adopts the certification of the Responsible Accounting Officer.
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5.2 Recommendations and Resolutions from Policy Committees TRIM Reference: 2015/968 |
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RESOLVED - 15/143 Cr S Munro/Cr R Gander 1 That the resolutions made by the Sustainable Development Committee at its meeting held on 7 April 2015 be noted. 2 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 7 April 2015 be noted. 3 That the resolutions made by the Services Policy Committee at its meeting held on 7 April 2015 be noted. 4 That the resolutions made by the Environment and Economic Development Committee at its meeting held on 7 April 2015 be noted. 5 That the resolutions made by the Finance Policy Committee at its meeting held on 7 April 2015 be noted.
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5.3 Outstanding Questions Taken on Notice TRIM Reference: 2015/962 |
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RESOLVED - 15/144 Cr R Kidd/Cr C Gryllis That the information provided in the report by the Manager Administration and Governance on Questions Taken on Notice be acknowledged.
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5.4 Funding for the Waiving of Orange Function Centre Hire Fees TRIM Reference: 2015/952 |
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RESOLVED - 15/145 Cr C Gryllis/Cr S Munro The Council fund the $930.00 waived hire fees for the Trudy Tackles MS event at the Orange Function Centre from the unspent portion Sports Participant Program.
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5.5 Jobs Creation Strategy - Shop Local and Grow Local Programs TRIM Reference: 2015/976 |
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RESOLVED - 15/146 Cr S Munro/Cr R Kidd 1 That Council accept the funding of $30,000 provided by the NSW Department of Trade and Investment for the Grow Local program and allocate the money to the Jobs Creation budget area. 2 That Council authorise the General Manager to sign all necessary documents relating to the funding. 3 That Council grant approval for the use of the Council Seal on all necessary documents. 4 That Council note the details of the Shop Local and Grow Local programs.
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5.6 Acquisition of Lot 24 DP 238935 - 107 Icely Road Orange TRIM Reference: 2015/957 |
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RESOLVED - 15/147 Cr R Kidd/Cr S Munro 1 That Council proceed to acquire the land identified as Lot 24 DP 238935 for nil consideration. 2 That the land be classified as Operational. 3 That authority be granted to affix the Council Seal to all necessary documentation.
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6 Closed Meeting
Nil
The Meeting Closed at 8.15pm
This is Page Number 4 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 21 April 2015.
TRIM REFERENCE: 2015/920
AUTHOR: Michelle Catlin, Manager Administration and Governance
EXECUTIVE Summary
This report seeks Council’s approval to lease the top floor of the building known as the Soldiers Memorial Hall, located at 245 Anson Street (next door to the OCTEC building). The rental from this proposed lease will be provided to the Memorial Hall Trust to maintain the building.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “11.4 Our Economy – Ensure the commercial facilities, programs and activities provided by Council enhance the economic base of the City and are effectively and efficiently managed”.
Financial Implications
Nil
Policy and Governance Implications
Nil
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1 That Council enter into a lease with OCTEC of the top floor of 245 Anson Street for three years (with two three year options) in the sum of $130 per week inclusive of GST to be increased annually by CPI. 2 That the rent received from this lease be provided to the Memorial Hall Trust to maintain the building, in accordance with historical legal agreements in place 3 That permission be granted for the use of the Council Seal on all necessary documentation. |
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
While Council owns the building at 245 Anson Street, known at the Soldiers Memorial Hall, the maintenance of this building has been undertaken by the Memorial Hall Trust. The ground floor of this building is operated as a war museum by the Trust.
The upper floor has been used by a commercial dance school for many years. As part of reviewing Council’s property portfolio, it was discovered that the rental for the dance school had not been increased for many years, and that Council was paying for outgoings.
To rectify this situation and ensure reasonable funds are being provided to the Memorial Hall Trust to maintain the building, Council advertised for expressions of interest to lease the top floor of the building.
One submission was received from OCTEC Limited for an amount of $130 per week inclusive of GST plus outgoings.
OCTEC Limited has the advantage of owning the adjoining building which connects directly to the top floor area. That connection has been locked and blocked off for a number of years. This also enables an additional access without the necessity of any structural alternations.
A legal arrangement has been in place since 1928 that provides for any rent received to be provided to the Memorial Hall Trust to maintain the building, and this requirement will be preserved under the current proposal.
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.
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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 Request to Write-Off Rates, Charges and Interest Levied on 49 Endsleigh Avenue 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 Request to Write-Off 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. |
6.1 Request to Write-Off Rates, Charges and Interest Levied on 49 Endsleigh Avenue
TRIM REFERENCE: 2015/696
AUTHOR: John Kennedy, Senior Revenue Officer - Rates
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 (b) the personal hardship of any resident or ratepayer.
TRIM REFERENCE: 2015/973
AUTHOR: Aaron Jones, Manager Financial Services
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 (b) the personal hardship of any resident or ratepayer.