Agenda of Council Meeting - 1 December 2015

ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 17 November 2015

COMMENCING AT 7.00pm

1 Introduction

Attendance

Cr J Davis OAM (Mayor), Cr C Gryllis (Deputy Mayor), Cr R Gander, Cr J Hamling, Cr N Jones, Cr R Kidd, Cr S Munro, Cr G Taylor (7.10pm), 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 Financial Services

1.1 APOLOGIES

RESOLVED - 15/534 Cr S Munro/Cr R Gander

That the apologies be accepted from Cr A Brown, Cr K Duffy and Cr R Kidd for the Council Meeting of Orange City Council on 17 November 2015.

1.2 OPENING PRAYER

John Shuttleworth of the Church of Christ led the Council in prayer.

Council observed one minute’s silence for the victims in Paris.

1.3 ACKNOWLEDGEMENT OF COUNTRY

1.4 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests

Item 5.4 Request for Financial Assistance – New Years Eve Party Under the Stars 2015

Cr G Taylor declared a less than significant non-pecuniary interest in Item 5.4 as Director of the Board of OCTEC and Chairperson of the OCTEC Finance Committee. OCTEC donated $10,000 to the New Year’s Eve event.

Cr J Whitton declared a less than significant non-pecuniary interest in Item 5.4 as Chairperson of the Board of OCTEC. OCTEC donated $10,000 to the New Year’s Eve event.

PRESENTATION – NSW Blue Star Awards

Cr Gryllis presented to Council, and members of Council’s Tidy Towns Community Committee, the awards taken out by Orange, and Orange City Council, including the 2015 Regional Sustainability Award in NSW.

2 Mayoral Minutes

2.1 Fit for the Future

TRIM Reference: 2015/3068

RESOLVED - 15/535 Cr R Gander/Cr S Munro

That in response to the NSW Government’s Fit for the Future program and the findings of IPART, Orange City Council:

1 Agree to a merger with Blayney Council and Cabonne Council.

2 Agree to a merger with Blayney Council, as next preference.

3 Agree to a merger with Cabonne Council, as next preference.

4 In the event of a merger with Blayney and Cabonne Councils or either Blayney Council or Cabonne Council singularly that it be recommended to the newly merged Council that it seek sensible boundary changes over the areas of the current Local Government Areas of Cabonne, Blayney and Orange.

5 It be acknowledged that Council has resolved its position relying upon the published financial and asset information of the merger partners as there was no option for thorough checking under the Fit for the Future program. It also be acknowledged that Orange City Council made submission to the NSW Government in this regard advising of concerns.

6 Request that if Transition Committees are appointed that the Committees are advisory and are structurally and operationally fair.

7 Request the NSW Government:

a Confirm the availability of the Stronger Communities Fund and Merger Implementation Grant for a three council merger, provided the merger is a voluntary one supported by at least two of the merger partners.

b Raise the level of funding available to cover merger implementation costs up to $10 million, the same level as metropolitan councils.

c Raise the level of the Stronger Communities Fund to up to $15 million, the same level as metropolitan councils.

8 Provide the following summary in the 50 word summary section of the prescribed form to be submitted to the NSW Government:

· Preferences as above

· Council would consider a larger footprint also if State Government wishes

· requests if Transition Committees happen that they be advisory and structurally/operationally fair

· requests incentive/transition monies be provided if a merger occurs with a majority of willing partners

· relies on published financial/asset information of merger partners.

3 Confirmation of Minutes of Previous Meeting

RESOLVED - 15/536 Cr C Gryllis/Cr R Gander

That the Minutes of the Ordinary Meeting of Orange City Council held on 3 November 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 November 2015.

4 Notices of Motion/Notices of Rescission

Nil

5 General Reports

5.1 Statement of Investments - October 2015

TRIM Reference: 2015/2960

RESOLVED - 15/537 Cr R Turner/Cr S Munro

1 That Council receives the Statement of Investments as at 31 October 2015.

2 That Council receives and adopts the certification of the Responsible Accounting Officer.

5.2 Recommendations and Resolutions from Policy Committees

TRIM Reference: 2015/2908

RESOLVED - 15/538 Cr J Hamling/Cr S Munro

1 That the resolutions made by the Planning and Development Committee at its meeting held on 3 November 2015 be noted.

2 That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held 3 November 2015 be noted.

3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 3 November 2015 be noted.

4 That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 3 November 2015 be noted.

5 That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 3 November 2015 be noted.

6 That the resolutions made by the Finance Policy Committee at its meeting held on 3 November 2015 be noted.

7 That the following recommendations made by the Finance Policy Committee at its meeting held on 3 November 2015 be adopted.

a That the information provided in the report by the Director Corporate and Commercial Services on the Quarterly Review and Performance Indicators – July to September 2015, be acknowledged.

a b That the variations proposed as part of the September Quarterly Review amounting to $11,295 be adopted.

8 That the resolutions made by the Services Policy Committee at its meeting held on 3 November 2015 be noted.

5.3 Outstanding Questions Taken on Notice

TRIM Reference: 2015/2909

RESOLVED - 15/539 Cr J Whitton/Cr S Munro

That the information provided in the report by the Manager Administration and Governance on Questions Taken on Notice be acknowledged.

QUESTION TAKEN ON NOTICE

The Mayor requested a report identifying Council’s resolved position on the requirement for footpaths to be installed in new/existing areas.

5.4 Request For Financial Assistance - New Years Eve Party Under the Stars 2015

TRIM Reference: 2015/2972

Cr G Taylor declared a less than significant non-pecuniary interest in Item 5.4 as Director of the Board of OCTEC and Chairperson of the OCTEC Finance Committee, left the Chamber, and did not participate in the voting or debate on this item.

Cr J Whitton declared a less than significant non-pecuniary interest in Item 5.4 as Chairperson of the Board of OCTEC, left the Chamber, and did not participate in the voting or debate on this item.

RESOLVED - 15/540 Cr J Hamling/Cr C Gryllis

1 That Council fund the request for an additional amount to a maximum $10,000 for the New Year’s Eve Party Under the Stars, with a funding source to be identified.

2 The Council continues to liaise with event organisers to identify sponsorship opportunities and should further sponsorship be secured, the amount of funding provided by Council be reduced.

5.5 Strategic Policy Review

TRIM Reference: 2015/2975

RESOLVED - 15/541 Cr R Turner/Cr S Munro

That Council adopt the following strategic policies:

· Strategic Policy ST100 – Vandalism Reporting Reward Scheme

· Strategic Policy ST062 – Records Management for Councillors

· Strategic Policy ST092 – Privacy and Personal Information

· Strategic Policy ST059 – Public Interest Disclosures and Internal Reporting

· Strategic Policy ST056 – Enterprise Risk Management

· Strategic Policy ST125 – Working on Council’s Water and Sewer Infrastructure

5.6 Fit for the Future - Response to IPART Report

TRIM Reference: 2015/2941

This matter was dealt with as part of Item 2.1 Mayoral Minute – Fit for the Future

5.7 Assets Maturity Report

TRIM Reference: 2015/2662

RESOLVED - 15/542 Cr C Gryllis/Cr S Munro

That Council note the results of the independent Asset Management Systems maturity assessment.

5.8 Register of Delegations

TRIM Reference: 2015/2974

RESOLVED - 15/543 Cr S Munro/Cr R Gander

That the Register of Delegations, as amended November 2015, be adopted.

5.9 Interest Free Loan - Orange Theatre Company

TRIM Reference: 2015/2973

RESOLVED - 15/544 Cr S Munro/Cr C Gryllis

1 That Council provide an interest free loan of $60,000 to the Orange Theatre Company, to be repaid in equal repayments over four years.

2 That permission be granted for the use of the Council Seal on any relevant document.

5.10 Licence Agreement - Orange Rifle Club Use of Council Land

TRIM Reference: 2015/2959

RESOLVED - 15/545 Cr C Gryllis/Cr R Gander

1 That Council enter into a suitable licence agreement with the Orange Rifle Club for the use of Council land at Lot 7018 DP 1020321.

2 That permission be granted for the use of the Council Seal on any relevant document.

5.11 Development Application DA 325/2015(1) - Lot 100 March Street (aka 83 Spring Street)

TRIM Reference: 2015/2952

RESOLVED - 15/546 Cr R Gander/Cr S Munro

That Council consents to development application DA 325/2015(1) for Residential Care Facility (expansion to existing and alterations and additions), Demolition (two dwellings and trees) and Solar Energy System at Lot 100 DP 1209880 - March Street, Orange (aka 83 Spring Street, Orange) pursuant to the conditions of consent in the attached Notice of Approval.

Division of Voting
Voted For	Cr J Davis (Mayor), Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr N Jones, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton
Voted Against	Nil
Absent	Cr K Duffy, Cr R Kidd, Cr A Brown

5.12 COUNCIL FOLDER

TRIM Reference: 2015/2612

1 Letter from Gnoo Blas Classic Car Club thanking Council for its donation towards next February’s Classic Car Show.

2 Letter from Charles Sturt University thanking Council for its support of the Sustainable Economic Growth in Regional Australia (SEGRA) Study Tour to Orange.

3 Letter from Can Assist, Orange Branch, thanking Council for its suport of the Wig Library.

4 Letter from Katsuyuki Ikenobe, former Mayor of Ushiku, thanking Council for its friendship during his 12 year term as Mayor.

5 Letter from Heart Foundation attaching 2015 Heart Foundation Local Government Awards booklet, which showcases all of this year’s national and state winners and highly commended Councils with OCC winning an award.

RESOLVED - 15/547 Cr C Gryllis/Cr S Munro

That the contents of the Council Folder be noted.

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 - 15/548 Cr C Gryllis/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 Lease of Hangar L at Orange Airport

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 8.30PM.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.51PM.

7 Resolutions from Closed Meeting

The Manager Administration and Governance read out the following resolutions made in the Closed Meeting of Council.

6.1 Lease of Hangar L at Orange Airport

TRIM Reference: 2015/2903

RESOLVED - 15/549 Cr R Gander/Cr C Gryllis

1 That Council enter into a 25 year lease with Aircraft Assemblers Australia Pty Limited, for Hangar L at the Orange Airport.

2 That permission be granted to use the Council Seal on all necessary documentation.

QUESTIONS TAKEN ON NOTICE

Cr Turner requested a Councillor briefing on the status of the old hospital site and adjacent nurses quarters.

Cr Jones requested an update on the status of Kurim shops.

Cr Gander requested a Councillor briefing on the RSPCA.

The Meeting Closed 8.53PM

This is Page Number 9 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 17 November 2015.