MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 6 December 2016
COMMENCING AT 7.00pm
Attendance
Cr J Davis OAM (Mayor), Cr A Brown, Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr N Jones, Cr R Kidd, Cr S Munro, Cr G Taylor (arrived at 7.06pm), Cr R Turner, Cr J Whitton
General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Administration and Governance, Manager Financial Services, Communications Officer, Financial Accountant
1.1 APOLOGIES
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RESOLVED - 16/488 Cr C Gryllis/Cr S Munro That the apology be accepted from Cr J Hamling (Deputy Mayor) for the Council Meeting of Orange City Council on 6 December 2016. |
1.2 ACKNOWLEDGEMENT OF COUNTRY
1.3 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Cr Duffy declared a significant non-pecuniary interest in item 6.5 – Cadia Valley Operations as his son is employed at Cadia.
Cr Kidd declared a significant non-pecuniary interest in item 6.1 – Sale of Part Road Reserve Surrounding 125 to 133 Bathurst Road as his parents own property in the area.
PRESENTATIONS
Phillip Donato – Member for Orange
The Mayor welcomed new Member for Orange, Mr Phillip Donato to the meeting. Mr Donato addressed Council and advised he looked forward to open, productive relationships with Council.
Auditors Report
Mr John O’Malley provided an overview of Council’s financial statements for 2015/16.
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.37PM
OPEN FORUM
Mr Jason Vailes - Proposed Rezoning of Airport Land
Mr Vailes advised that he represented the Spring Hill and Surrounds Consultative Committee, and outlined the Committee’s objections to the proposed rezoning of Airport land.
THE OPEN FORUM CONCLUDED AT 7.44PM
Nil
3 Confirmation of Minutes of Previous Meeting
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RESOLVED - 16/489 Cr R Gander/Cr S Munro That the Minutes of the Ordinary Meeting of Orange City Council held on 15 November 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 15 November 2016. |
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.45PM
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 9.03PM
4 Notices of Motion/Notices of Rescission
Nil
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TRIM Reference: 2016/2677 |
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RESOLVED - 16/490 Cr K Duffy/Cr S Munro That the Audited Financial Statements and Auditor’s report for the 2015/16 financial year be acknowledged.
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Cr Munro requested a report on the provision of facilities/services for people with a disability. |
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TRIM Reference: 2016/2842 |
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RESOLVED - 16/514 Cr J Davis/Cr R Gander 1 That Council nominate the General Manager, Mayor (or nominee), Cr Hamling and Cr Whitton to be the nominees from Orange City Council on the Transition Board to enable the industry led tourism entity concept to be developed. 2 That Council note the comments in the report about director independence and the responsibilities of directors of entities formed under the Corporations Act. 3 That due to the unique knowledge of the required services, Council enter into a six month performance based funding agreement with Brand Orange from 1 January 2017 to 30 June 2017 for a value of $159,000 (ex GST) to be funded from the tourism services contract, payable in two instalments on 9 January and 3 April 2017.
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TRIM Reference: 2016/2716 |
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RESOLVED - 16/515 Cr N Jones/Cr S Munro 1 That Council recognise the importance of creating positive incentives to Orange residents in relation to waste minimisation and resource recovery opportunities thereby discouraging potential illegal dumping of wastes and continue appropriate education initiatives within its adopted education strategies. 2 That Council model the costs of a trial voucher system for Orange residents to make application and record against the residential address for up to one free bulky waste disposal of waste in a financial year limited to the size of a 6’x 8’ trailer or utility load size of acceptable material. |
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Cr Turner requested a review of the quality of mulch and topsoil sold at the Resource Recovery Centre. |
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TRIM Reference: 2016/2715 |
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RESOLVED - 16/516 Cr K Duffy/Cr C Gryllis 1 That the amended 2016 fourth quarter consumption charge of $1,403.60 be reduced to $169.40. 2 That the 2017 first quarter consumption charge of $1,122.09 be reduced to $127.12. |
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TRIM Reference: 2016/2679 |
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RESOLVED - 16/517 Cr R Turner/Cr R Kidd 1 That Council accept the tender from UASG (Skilltech) to provide water meter reading services for a period of three years at the rate of $2.11 per meter in residential and commercial locations and $4.40 per meter in rural, village and industrial locations. 2 That permission be granted to use the Council Seal on any relevant document if required. |
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Division of Voting |
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Voted For |
Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr N Jones, Cr R Kidd, Cr G Taylor, Cr R Turner, Cr J Whitton, Cr A Brown |
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Voted Against |
Cr S Munro |
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Absent |
Cr J Hamling |
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.
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RESOLVED - 16/518 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 Sale of Part Road Reserve surrounding 125 to 133 Bathurst Road 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 (d)ii information that would, if disclosed, confer a commercial advantage on a competitor of the council. 6.2 Tender for Clergate Road Upgrade Stage 1 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 Construction of Robertson Park Amenities - Tender Assessment 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 - Airport Runway Micro-Seal 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 (d)i commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and (d)ii information that would, if disclosed, confer a commercial advantage on a competitor of the council. 6.5 Cadia Valley Operations 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 (d)iii information that would, if disclosed, reveal a trade secret. |
The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 9.24pm.
The Mayor declared the Ordinary Meeting of Council resumed at 10.04pm.
7 Resolutions from Closed Meeting
The Mayor read out the following resolutions made in the Closed Meeting of Council.
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TRIM Reference: 2016/2734 |
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Cr R Kidd declared a significant non-pecuniary interest in this item as his parents own property in the area, left the Chamber and took no part in the debate or voting on this item. Cr Kidd did not return to the meeting. |
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RESOLVED - 16/519 Cr C Gryllis/Cr S Munro 1 That Council proceed to sell part of the road reserve surrounding 125 - 133 Bathurst Road for the sum of $70,000 to the owner of 125-133 Bathurst Road. 2 That the proceeds of sale be allocated to the Land Development Reserve. 3 That approval be granted for the use of the Council Seal on relevant documents if required.
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TRIM Reference: 2016/2754 |
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RESOLVED - 16/520 Cr J Whitton/Cr S Munro 1 That Council award the contract for the Clergate Road upgrade stage 1 to Hamcon Civil Pty Ltd for the amount of $2,173,451.00 exclusive of GST. 2 That permission be granted to affix the Council Seal to all relevant documents.
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Division of Voting |
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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 J Whitton, Cr A Brown |
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Voted Against |
Nil |
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Absent |
Cr J Hamling |
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TRIM Reference: 2016/2834 |
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RESOLVED - 16/521 Cr J Whitton/Cr G Taylor 1 That Council declines to accept any of the tenders for the Construction and Part Demolition - CWA Amenities Building - Robertson Park, Tender Number F2329 as a result of all tenders exceeding the available budget. 2 That Council cancel the proposal to contract the Construction and Part Demolition – CWA Amenities Building – Robertson Park contemplated in the tender. 3 That Council note that extenuating circumstances exist, being that tenders received did not meet available budget, and that Council does not consider re-tendering will achieve a better result. 4 That the General Manager be authorised to negotiate the terms of a contract with other suitable organisation(s) for a cost effective solution which aligns with Council’s objectives to construct amenities in Robertson Park. 5 That permission be granted for the use of the Council Seal on all relevant documents if required.
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Division of Voting |
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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 J Whitton, Cr A Brown |
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Voted Against |
Nil |
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Absent |
Cr J Hamling |
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TRIM Reference: 2016/2844 |
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RESOLVED - 16/522 Cr C Gryllis/Cr R Turner 1 That Council declines to accept any of the tenders for the Orange Airport Runway Micro-Seal, Tender Number F2354 as a result of all tenders failing to comply with key tender requirements and exceeding the available budget. 2 That Council cancel the proposal to contract the Orange Airport Runway Micro-Seal contemplated in the tender. 3 That Council note that extenuating circumstances exist, being that tenders received did not comply with tender requirements and available budget, and that Council does not consider re-tendering will achieve a better result. 4 That the General Manager be authorised to enter into negotiations with other suitably qualified organisation(s) for a cost effective solution which aligns with Council’s objectives to achieve a suitable sealed surface for the runway at the Orange Airport. 5 That permission be granted for the use of the Council Seal on all relevant document if required.
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Division of Voting |
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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 J Whitton, Cr A Brown |
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Voted Against |
Nil |
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Absent |
Cr J Hamling |
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TRIM Reference: 2016/2879 |
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Cr K Duffy declared a significant non-pecuniary interest in this item, as his son is employed at Cadia, left the Chamber and took no part in the debate or voting on this item. |
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RESOLVED - 16/523 Cr R Gander/Cr G Taylor That Council note the report and endorse the actions contained in the report summary.
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The Meeting Closed at 10.07PM
This is Page Number 5 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 6 December 2016.