MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 20 December 2016
COMMENCING AT 7.00pm
Attendance
Cr J Davis OAM (Mayor), Cr J Hamling (Deputy Mayor), Cr A Brown (arrived at 7.20pm), 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 (arrived at 7.15pm)
General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Administration and Governance, Manager Corporate and Community Relations, Water Treatment Manager , Transport Asset Engineer.
1.1 APOLOGIES
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RESOLVED - 16/527 Cr C Gryllis/Cr S Munro That the apologies for lateness be accepted from Crs Brown and Whitton for the Council Meeting of Orange City Council on 20 December 2016. |
1.2 OPENING PRAYER
Andrew Wratten of the Mountain Hope 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
Cr Gryllis declared a pecuniary interest in item 6.5 in Closed Council - Inquiry for Potential Sale of Land, as a Real Estate agent acting for an interested party.
Cr Brown declared a pecuniary interest in item 6.6 in Closed Council - Land Sales Heads of Agreement, as a Real Estate agent acting for an interested party.
2 Mayoral Minutes
Nil
3 Confirmation of Minutes of Previous Meeting
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RESOLVED - 16/528 Cr S Munro/Cr R Gander That the Minutes of the Ordinary Meeting of Orange City Council held on 6 December 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 6 December 2016.
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4 Notices of Motion/Notices of Rescission
Nil
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TRIM Reference: 2016/2980 |
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RESOLVED - 16/529 Cr R Kidd/Cr S Munro 1 That the resolutions made by the Planning and Development Committee at its meeting held on 6 December 2016 be noted. 2 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 6 December 2016 be noted. 3 That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 6 December 2016 be noted. 4 That the resolutions made by the Environmental Sustainability Development Policy Committee at its meeting held 6 December 2016 be noted 5 That the resolutions made by the Finance Policy Committee at its meeting held on 6 December 2016 be noted. 6 That the resolutions made by the Services Policy Committee at its meeting held on 6 December 2016 be noted.
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Cr Duffy asked if roadside vendors are required to submit a development application. Information to be circulated to Councillors. |
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TRIM Reference: 2016/2983 |
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RESOLVED - 16/530 Cr J Hamling/Cr S Munro That the information provided in the report by the Manager Administration and Governance on Questions Taken on Notice be acknowledged.
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Cr Taylor requested the City of Orange Traffic Committee consider installing speed reduction measures in William Maker Drive, particularly the newer section. |
MATTER ARISING
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RESOLVED- 16/531 Cr C Gryllis/Cr J Whitton That Council provide traffic control until Christmas at the pedestrian crossing in Anson Street opposite Woolworths Supermarket.
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TRIM Reference: 2016/2923 |
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RESOLVED - 16/532 Cr K Duffy/Cr S Munro That the information provided in the report by the Accounting Officer – Management on the Statement of Bank Balances as at 30 November 2016 be acknowledged.
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TRIM Reference: 2016/2913 |
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RESOLVED - 16/533 Cr K Duffy/Cr S Munro 1 That Council receives the Statement of Investments as at 30 November 2016. 2 That Council receives and adopts the certification of the Responsible Accounting Officer.
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TRIM Reference: 2016/2911 |
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RESOLVED - 16/534 Cr J Whitton/Cr J Davis 1 That a donation of $500 be made to the Orange Bush Nippers from Cr Hamling’s allocation. 2 That a donation of $200 be made to Tiarah Jade Fisher from Cr Whitton’s allocation.
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TRIM Reference: 2016/2885 |
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RESOLVED - 16/535 Cr R Kidd/Cr R Turner That Council note the amendments to the Local Government Act 1993.
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TRIM Reference: 2016/2912 |
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RESOLVED - 16/536 Cr J Hamling/Cr J Whitton That Council request the Department of Industry - Lands to add the purpose of "Public Recreation" to the Gosling Creek Reserve.
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TRIM Reference: 2016/2924 |
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RESOLVED - 16/537 Cr R Kidd/Cr C Gryllis That the report on complaints under Council’s Code of Conduct for the 2016 year be acknowledged.
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Cr Taylor requested a report on whether the identity of complainants (if a Councillor) can be disclosed if considered to be in the public interest. |
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TRIM Reference: 2016/2988 |
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RESOLVED - 16/538 Cr J Whitton/Cr N Jones That the Tourism Strategy be adopted with the noted amendments identified in the report and the proposed activities be considered in future budget preparations.
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TRIM Reference: 2016/2991 |
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RESOLVED - 16/539 Cr R Turner/Cr S Munro That Council place Strategic Policy ST138 – Related Parties on public exhibition.
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COUNCIL FOLDER
· Letter of thanks from William Mackson who won a $600 tuition in the scholarship event of the Orange Piano Eisteddfod.
· Thank you letter to Cr Gryllis and Cr Gander for providing a donation towards the Canobolas Rural Technology High School 50th Anniversary celebrations that will be held in May 2017.
· Letter from Leukaemia Foundation thanking Council for generous donation in support of Light the Night that was held in October.
· Email from Daryl and Kelly Frost thanking Council for donation that will go towards Claudia Frost attending the Softball Championship in January in Perth.
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RESOLVED - 16/540 Cr R Gander/Cr C Gryllis
That the contents of the Council Folder be noted.
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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 - 16/541 Cr R Gander/Cr C Gryllis 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 Proposed acquisition of land/easements - Southern Cyclelink 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. 6.2 Easement Purchase for Sewer Main - 98 Gorman Road Lot 1 DP 581736 Gorman Road, 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 (d)ii information that would, if disclosed, confer a commercial advantage on a competitor of the council. 6.3 Tender - Monitoring and Reporting for Operation Environmental Management Plan for Orange Raw Water Supply System 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 reconstruction of Burrendong Way Stage 4 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 Inquiry for Potential Sale of Land 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. 6.6 Land Sale Heads of Agreement 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.
6.7 Complaints under Orange City Council Code of Conduct 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 (i) alleged contraventions of any code of conduct requirements applicable under section 440. |
The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 7.43pm.
The Mayor declared the Ordinary Meeting of Council resumed at 9.55pm.
7 Resolutions from Closed Meeting
The Manager Administration and Governance read out the following resolutions made in the Closed Meeting of Council.
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TRIM Reference: 2016/1426 |
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MOTION Cr K Duffy/Cr R Gander That Council invite interested land owners to make a submission or address Council in February 2017. |
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AMENDMENT Cr C Gryllis/Cr J Hamling 1 That Council acquire an easement for the Orange Southern Link Cycleway over Lots 16, 17, 18 and 19 DP9756 (School Land) located at Anson Street, subject to approval for the construction of the rail underpass at Anson Street. 2 That Council acquire an easement for the Orange Southern Link Cycleway for a rail underpass at Anson Street (Rail Land), or, if a lease agreement is preferred by the landowner, that the General Manager have delegated authority to negotiate a lease or licence with the landowners to use the Rail Land for the purpose of the Cycleway. 3 That the General Manager be delegated authority to negotiate the acquisition of these easements identified in 1 and 2. 4 That failing reaching agreement with landowners, Council compulsorily acquire the easements over the School Land and the Rail Land pursuant to s186 and s187 of the Local Government Act 1993. 5 That Council make an application to the Minister for Local Government for the issue of a Proposed Acquisition Notice under the Land Acquisition (Just Terms Compensation) Act 1991 with respect to the School Land and Rail Land. 6 That Council make an application to the Governor for the publication of an Acquisition Notice in the NSW Government Gazette under the Land Acquisition (Just Terms Compensation) Act 1991 with respect to the School Land and Rail Land. 7 That approval be granted for the use of the Council Seal on any document if required. 8 That the funding for all costs associated with the land matters be from the existing Orange Southern Link Cycleway budget. 9 That staff continue to negotiate with the owners of 79 Gardiner Road and these negotiations be reported to Council. |
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THE AMENDMENT ON BEING PUT TO THE MEETING WAS CARRIED AND BECAME THE MOTION THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED |
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RESOLVED - 16/542 Cr C Gryllis/Cr J Hamling 1 That Council acquire an easement for the Orange Southern Link Cycleway over Lots 16, 17, 18 and 19 DP9756 (School Land) located at Anson Street, subject to approval for the construction of the rail underpass at Anson Street. 2 That Council acquire an easement for the Orange Southern Link Cycleway for a rail underpass at Anson Street (Rail Land), or, if a lease agreement is preferred by the landowner, that the General Manager have delegated authority to negotiate a lease or licence with the landowners to use the Rail Land for the purpose of the Cycleway. 3 That the General Manager be delegated authority to negotiate the acquisition of these easements identified in 1 and 2. 4 That failing reaching agreement with landowners, Council compulsorily acquire the easements over the School Land and the Rail Land pursuant to s186 and s187 of the Local Government Act 1993. 5 That Council make an application to the Minister for Local Government for the issue of a Proposed Acquisition Notice under the Land Acquisition (Just Terms Compensation) Act 1991 with respect to the School Land and Rail Land. 6 That Council make an application to the Governor for the publication of an Acquisition Notice in the NSW Government Gazette under the Land Acquisition (Just Terms Compensation) Act 1991 with respect to the School Land and Rail Land. 7 That approval be granted for the use of the Council Seal on any document if required. 8 That the funding for all costs associated with the land matters be from the existing Orange Southern Link Cycleway budget. 9 That staff continue to negotiate with the owners of 79 Gardiner Road and these negotiations be reported to Council. |
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TRIM Reference: 2016/2969 |
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RESOLVED - 16/543 Cr R Kidd/Cr S Munro 1 That Council authorise the General Manager to negotiate the purchase of an easement through Lot 1 DP 581736 for the construction of a sewer rising main and gravity main for maximum compensation outlined in the body of the report. 2 That Council authorise the General Manager to negotiate a Construction Access Licence Agreement with the landowner(s) in order to fast track the construction of the sewer rising main and gravity main as detailed in the body of the report. 3 That Council allocate funds from Section 64 Water and Sewer Developer Contributions in order to acquire a sewer easement through 98 Gorman Road, Orange, Lot 1 DP 581736. 4 That permission be granted to use the Council Seal on any relevant document, if necessary.
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6.3 Tender - Monitoring and Reporting for Operation Environmental Management Plan for Orange Raw Water Supply System TRIM Reference: 2016/2811 |
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RESOLVED - 16/544 Cr R Kidd/Cr J Whitton 1 That Council award the contract for the Orange Raw Water Supply System Operation Environmental Management Plan - Monitoring and Reporting, in the amount of $229,416 (inc GST) to Geolyse for the period 1 March 2017 through to 30 September 2020. 2 That approval be granted to affix the Council Seal to 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 J Hamling, 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 |
Nil |
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TRIM Reference: 2016/2865 |
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RESOLVED - 16/545 Cr J Hamling/Cr S Munro 1 That Council decline to accept any of the tenders for the reconstruction of Burrendong Way stage 4, tender number F2341 as a result of all tenders exceeding the available budget. 2 That Council cancel the proposal to contract the reconstruction of Burrendong Way Stage 4 contemplated in the tender. 3 That Council note that extenuating circumstances exist, being a better outcome would not be achieved within the available timeframe by inviting fresh tenders or applications. 4 That Council seeks the approval of the Roads and Maritime Services Regional Consultative Committee for a reduction in the scope of works. 5 That the General Manager be authorised to enter into negotiations with suitably qualified organisations for a cost effective solution, subject to REPAIR grant funding approval, to achieve a suitable reconstruction of Burrendong Way at a reduced scope of works. 6 That approval be granted for the use of the Council Seal on 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 J Hamling, 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 |
Nil |
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TRIM Reference: 2016/2993 |
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Cr C Gryllis declared a pecuniary interest in this item as a Real Estate Agent acting for an interested party, left the Chamber, and did not participate in the voting or debate on this item. |
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RESOLVED - 16/546 Cr J Hamling/Cr R Gander 1 That Council prepare and submit to the Department of Planning for Gateway determination, a planning proposal to appropriately rezone the former base hospital site including relevant adjustments to building height and floor space ratio limits, mixed uses, medium density residential uses and recreational/open spaces uses. 2 That the General Manager be authorised to continue negotiations with interested parties for potential development of the site.
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TRIM Reference: 2016/3007 |
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Cr A Brown declared a pecuniary interest in this item as a Real Estate Agent acting for an interested party, left the Chamber, and did not participate in the voting or debate on this item. |
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RESOLVED - 16/547 Cr J Whitton/Cr G Taylor 1 That Council enter a heads of agreement on the land at 24 and 4 Perc Griffith Way and 5190 Mitchell Highway as detailed in this report. 2 That the General Manager be delegated to finalise the negotiations on the heads of agreement as detailed in the report. |
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TRIM Reference: 2016/2987 |
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RESOLVED - 16/548 Cr G Taylor/Cr J Whitton That Council invite the subject Councillor to make an oral presentation to Council in relation to the recommended sanctions listed in the Final Reports in accordance with clause 8.47 of the NSW Office of Local Government Procedures for the Administration of the Code of Conduct. |
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RESOLVED - 16/549 Cr J Davis/Cr S Munro That Cr Turner provide an unqualified apology to the next Open Council Meeting in relation to breaches of the Code of Conduct. |
The Meeting Closed at 10.05 PM
This is Page Number 12 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 20 December 2016.