ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 19 July 2016

COMMENCING AT 7.00pm


 1      Introduction

Attendance

Cr J Davis OAM (Mayor), Cr K Duffy, Cr R Gander, Cr J Hamling, Cr N Jones, Cr G Taylor (7.05pm), Cr R Turner, Cr J Whitton

General Manager, Acting Director Development Services (Hodges), Director Community, Recreation and Cultural Services, Manager Administration and Governance, Manager Corporate and Community Relations, Planning Team Leader

 

1.1     APOLOGIES

 

RESOLVED - 16/274                                                                        Cr R Gander/Cr J Whitton

That the apologies be accepted from Cr A Brown, Cr C Gryllis (Deputy Mayor), Cr R Kidd, Cr S Munro for the Council Meeting of Orange City Council on 19 July 2016.

 

1.2     ACKNOWLEDGEMENT OF COUNTRY

 

1.3     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 - 16/275                                                                          Cr R Gander/Cr R Turner

That the Minutes of the Ordinary Meeting of Orange City Council held on 5 July 2016 (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 5 July 2016.

 

4       Notices of Motion/Notices of Rescission

4.1     NSW Government's Decision to Abolish the Greyhound Industry in NSW by Cr Whitton by Cr Whitton

TRIM Reference:        2016/1568

RESOLVED - 16/276                                                                       Cr J Whitton/Cr J Hamling

That Orange City Council object to the NSW Government’s decision to abolish the Greyhound Industry in NSW.

 

** Cr Jones requested that his name be recorded as having voted against this decision of the Council. **

5       General Reports

5.1     Recommendations and Resolutions from Policy Committees

TRIM Reference:        2016/1502

RESOLVED - 16/277                                                                            Cr R Gander/Cr K Duffy

1        That the resolutions made by the Planning and Development Committee at its meeting held on 5 July 2016 be noted.

2        That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held 5 July 2016 be noted.

3        That the resolutions made by the Infrastructure Policy Committee at its meeting held on 5 July 2016 be noted.

4        That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 5 July 2016 be noted.

5        That the resolutions made by the Finance Policy Committee at its meeting held on 5 July 2016 be noted.

6        That the resolutions made by the Services Policy Committee at its meeting held on 5 July 2016 be noted.

 

 

MATTER ARISING

RESOLVED - 16/278                                                                         Cr J Whitton/Cr G Taylor

That Council review the accuracy of the new mobile parking technology.

 

 


 

5.2     Outstanding Questions Taken on Notice

TRIM Reference:        2016/1503

RESOLVED - 16/279                                                                            Cr J Hamling/Cr K Duffy

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

 

 

5.3     Statement of Investments - June 2016

TRIM Reference:        2016/1507

RESOLVED - 16/280                                                                           Cr K Duffy/Cr J Whitton

1        That Council receives the Statement of Investments as at 30 June 2016.

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

 

 

5.4     Restart NSW Fund

TRIM Reference:        2016/1456

RESOLVED - 16/281                                                                            Cr J Hamling/Cr K Duffy

1     That the report on the Restart NSW Grant of $1.46M for upgrade works at the Orange Airport be acknowledged.

2     That permission be granted for the use of the Council Seal on all relevant documents.

 

 

5.5     Association of Mining Related Councils

TRIM Reference:        2016/1491

RESOLVED - 16/282                                                                             Cr R Turner/Cr K Duffy

That the report on the Association of Mining Related Councils be acknowledged.

 

 

5.6     Disability Services - Transition to the National Disability Insurance Scheme

TRIM Reference:        2016/1355

RESOLVED - 16/283                                                                            Cr K Duffy/Cr R Gander

1        That the report on Disability Services – Transition to the National Disability Insurance Scheme be acknowledged.

2        That Council support the continued provision of Disability Services to June 2018 with services to be reviewed in the third quarter of the 2017-2018 Financial Year.

 

 

5.7     Lease of Hangar H Orange Airport

TRIM Reference:        2016/1475

RESOLVED - 16/284                                                                             Cr R Turner/Cr N Jones

1        That Council enter into a lease with the purchaser of Hangar H for a term of 1 year plus two 1 year options.

2        That approval be granted for the use of the Council Seal on all relevant documents.

 

 

5.8     Development within Suma Park Inundation zone

TRIM Reference:        2016/1411

RESOLVED - 16/285                                                                          Cr G Taylor/Cr J Hamling

1    That Council prepare a Planning Proposal to control subdivision in the Suma Park Dam inundation zone via an increase in minimum lot size.

2    That Council consult with affected landowners.

3    That Council submit the Planning Proposal to the Department of Planning and Environment for a Gateway process.

 

 

5.9     Development Application DA 171/2016(1) - 102-110 Autumn Street

TRIM Reference:        2016/1448

RESOLVED - 16/286                                                                               Cr K Duffy/Cr N Jones

That Council consents to development application DA 171/2016(1) for Seniors Housing – Group Of Self-Contained Dwellings (Six) at Lot 50 DP 1130577 - 102-110 Autumn Street Orange pursuant to the conditions of consent in the attached Notice of Approval, with an additional condition requiring an infrastructure damage bond to be paid.

 

 

Division of Voting

Voted For

Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr J Hamling, Cr N Jones, Cr G Taylor, Cr R Turner, Cr J Whitton

Voted Against

Nil

Absent

Cr C Gryllis, Cr R Kidd, Cr S Munro, Cr A Brown

 


 

5.10   Relocation of Rural Fire Service Headquarters to Orange by Cr Kidd

TRIM Reference:        2016/1629

RESOLVED - 16/287                                                                           Cr K Duffy/Cr J Whitton

That Council provide a submission for the relocation of the NSW Rural Fire Service.

 

 

5.11   TAFE Digital Centre by Cr Kidd

TRIM Reference:        2016/1628

RESOLVED - 16/288                                                                           Cr K Duffy/Cr J Whitton

That Council lobby the State Government to locate the TAFE Digital Centre to Orange.

 

 

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 - 16/289                                                                        Cr J Hamling/Cr R Gander

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     Water/Sewer Charges - 23 Scott Place, Orange

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     Acquisition of land - Callistemon Place

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     Easement Adjustments - Macquarie Pipeline Project

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.

6.4     Tender for Civil Construction of Narrambla Stage 8

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.

6.5     Tender for Widening of the East Orange Channel - Byng Street to McLachlan Street

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 8.05pm.

The Mayor declared the Ordinary Meeting of Council resumed at 8.18pm.


 

7       Resolutions from Closed Meeting

The General Manager read out the following resolutions made in the Closed Meeting of Council.

 

6.1     Water/Sewer Charges - 23 Scott Place, Orange

TRIM Reference:        2016/1489

RESOLVED - 16/290                                                                            Cr K Duffy/Cr R Gander

1    That the 2014 first quarter water consumption charge for 23 Scott Place Orange of $968.64 be reduced to $0.00.

2    That the 2014 first quarter sewerage charge for 23 Scott Place Orange of $1,023.10 be reduced to $109.93 and the trade waste charge of $691.56 be reduced to $18.70.

 

 

6.2     Acquisition of land - Callistemon Place

TRIM Reference:        2016/1471

RESOLVED - 16/291                                                                             Cr R Turner/Cr K Duffy

1        That Council proceed to acquire Lot 133 DP 1164996 for the sum of $10m2 less all outstanding rates/water charges currently levied on the land.

2        That authority be granted for the use of the Council Seal on all relevant documents.

3        That upon acquisition, the land be classified as Operational.

 

 

6.3     Easement Adjustments - Macquarie Pipeline Project

TRIM Reference:        2016/1381

RESOLVED - 16/292                                                                            Cr J Hamling/Cr K Duffy

1        That Council authorise the General Manager to finalise the purchase of easement adjustments associated with the Macquarie Pipeline Project as described in the report.

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

3        That any land acquired be classified as Operational

 

 


 

 

6.4     Tender for Civil Construction of Narrambla Stage 8

TRIM Reference:        2016/1390

RESOLVED - 16/293                                                                         Cr R Turner/Cr J Hamling

1       That Council award the contract for the construction of Narrambla Stage 8 (separable portions A, B and C) to Hamcon Civil Pty Ltd based for the lump sum and Schedule of Rates prices totalling $1,117,124 exclusive of GST, with separable portion B subject to a confirmed land sale agreement. Noting that should separable portion B not proceed, that the lump sum and schedule of rates prices total be adjusted to $1,036,624 exclusive of GST.

2        That $1,109,041 be allocated from the Land Development Restricted Asset to fund the tendered price for separable portions A and B and associated costs and contingency (if required); and $242,837 be allocated from the Waste Services Restricted Asset to fund the tendered price for separable portion C and associated contingency (if required). Noting that should separable portion B not proceed, that the funding amounts be adjusted to $960,447 from the Land Development Restricted Asset, and $302,881 from the Waste Services Restricted Asset.

3       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 J Hamling, Cr N Jones, Cr G Taylor, Cr R Turner, Cr J Whitton

Voted Against

Nil

Absent

Cr C Gryllis, Cr R Kidd, Cr S Munro, Cr A Brown

 

6.5     Tender for Widening of the East Orange Channel - Byng Street to McLachlan Street

TRIM Reference:        2016/1418

RESOLVED - 16/294                                                                           Cr J Whitton/Cr K Duffy

1        That Council award the contract for the widening of the East Orange Channel Byng Street to McLachlan Street to Hibbo Hire Pty Ltd for the amount of $996,668.33 exclusive of GST.

2        That Council allocate additional funding of up to $200,000 from the Stormwater Levy funds to cover contingencies and project management if required.

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

 

 


 

 

Division of Voting

Voted For

Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr J Hamling, Cr N Jones, Cr G Taylor, Cr R Turner, Cr J Whitton

Voted Against

Nil

Absent

Cr C Gryllis, Cr R Kidd, Cr S Munro, Cr A Brown

 

 

The Meeting Closed at 8.22pm

 

This is Page Number 9 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 19 July 2016.