MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 21 February 2017
COMMENCING AT 7.00pm
Attendance
Cr J Davis OAM (Mayor), Cr J Hamling (Deputy Mayor), Cr A Brown, Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr N Jones, Cr S Munro, Cr G Taylor (7.06pm), 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 Corporate and Community Relations, Operations Manager, Water Treatment Manager, Commercial & Emergency Services Manager, Water & Sewerage Strategic Manager, Works Manager
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RESOLVED - 17/038 Cr K Duffy/Cr C Gryllis That Council allow Channel 9 news to record the Council Meeting.
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1.1 APOLOGIES
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RESOLVED - 17/039 Cr C Gryllis/Cr S Munro That the apologies be accepted from Cr R Kidd and Cr R Turner for the Council Meeting of Orange City Council on 21 February 2017. |
1.2 OPENING PRAYER
ANDREW CUNNINGHAM OF THE ORANGE UNITING 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
LATE ITEMS
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RESOLVED - 17/040 Cr K Duffy/Cr R Gander That the following late items be dealt with at the meeting of Orange City Council held on 21 February 2017. · Item 4.2 (Council) Notice of Motion – Meeting with Deputy Premier by Cr Gander · Item 4.3 (Council) Notice of Motion – Forest Road Bridge Works by Cr Taylor · Item 5.8 (Council) Improved Operating Procedures for Valves and Hydrants · Item 6.2 (Closed Council) Tender F2396 – Construction of Concrete Roundabouts and Additional Traffic Facilities
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Nil
3 Confirmation of Minutes of Previous Meeting
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RESOLVED - 17/041 Cr J Whitton/Cr K Duffy That the Minutes of the Ordinary Meeting of Orange City Council held on 7 February 2017 (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 February 2017. |
4 Notices of Motion/Notices of Rescission
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TRIM Reference: 2017/115 |
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RESOLVED - 17/042 Cr C Gryllis/Cr K Duffy 1 That a report be presented to Council outlining the impact of harvest tourism on the Orange economy and what plans there are to support this sector in the coming year. 2 That Orange City Council work with Cabonne Council to support growth in this sector that could include a picking train from Central Station with connections to local transport services and orchards.
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** Cr Taylor arrived with the time being 7.06pm **
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TRIM Reference: 2017/301 |
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RESOLVED - 17/043 Cr R Gander/Cr C Gryllis 1 That Orange City Council invite Deputy Premier, John Barilaro MP, to meet with Orange City Councillors and Senior Staff at the Orange Civic Centre. 2 That Council invite other relevant politicians to meet with Council at a later date.
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TRIM Reference: 2017/300 |
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RESOLVED - 17/044 Cr G Taylor/Cr J Whitton That Council seek to negotiate with the Federal and State Government to defer the works on the Forest Road bridge until the next section of the Southern Feeder Road is complete.
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TRIM Reference: 2017/194 |
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RESOLVED - 17/045 Cr R Gander/Cr J Hamling 1 That the resolutions made by the Planning and Development Committee at its meeting held on 7 February 2017 be noted. 2 That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 7 February 2017 be noted. 3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 7 February 2017 be noted. 4 That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 7 February 2017 be noted. 5 That the resolutions made by the Environmental Sustainability Development Policy Committee at its meeting held 7 February 2017 be noted 6 That the resolutions made by the Finance Policy Committee at its meeting held on 7 February 2017 be noted. 7 That the resolutions made by the Services Policy Committee at its meeting held on 7 February 2017 be noted.
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TRIM Reference: 2017/195 |
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RESOLVED - 17/046 Cr J Hamling/Cr R Gander That the information provided in the report by the Manager Administration and Governance on Questions Taken on Notice be acknowledged.
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TRIM Reference: 2017/179 |
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RESOLVED - 17/047 Cr C Gryllis/Cr S Munro 1 That Council receives the Statement of Investments as at 31 January 2017. 2 That Council receives and adopts the certification of the Responsible Accounting Officer.
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TRIM Reference: 2017/124 |
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RESOLVED - 17/048 Cr K Duffy/Cr S Munro 1 That the information provided in the report by the Director Corporate and Commercial Services on the Quarterly Budget Review and Performance Indicators – October to December 2016, be acknowledged. 2 That the variations arising from the December Quarterly Budget Review, amounting to an improvement of $2,790,682, be adopted.
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TRIM Reference: 2017/238 |
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RESOLVED - 17/049 Cr S Munro/Cr J Whitton That Council assist in the promotion of the At the Vineyard’s event via a social media campaign.
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TRIM Reference: 2017/111 |
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RESOLVED - 17/050 Cr J Hamling/Cr K Duffy That Council adopts the Infill Guidelines as a requirement for development on land on or adjoining a heritage item and within Heritage Conservation Areas; and resolves to prepare and place on public exhibition, in accordance with the Environmental Planning & Assessment Act and associated regulations, an amendment to Orange Development Control Plan 2004 to incorporate such provisions.
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TRIM Reference: 2017/250 |
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RESOLVED - 17/051 Cr K Duffy/Cr S Munro 1 That Council support the submission of an application under the Building Better Regions Fund (BBRF) for the construction of a four leg roundabout at the intersection of William Maker Drive and the Northern Distributor Road, including the realignment of Hill Street adjacent to the Orange Botanic Gardens. 2 That Council commit to matching funding for this project of up to $2M from development contributions and other funding sources as needed.
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TRIM Reference: 2017/296 |
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RESOLVED - 17/052 Cr C Gryllis/Cr G Taylor That Council acknowledge the report by the Director Technical Services on Improved Operating Procedures for Valves and Hydrants.
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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.
Mr Cyril Smith requested Item 6.1 – Termination of Contract, not be dealt with in Closed Council as Mr Smith did not have enough information about the nature of the item to make a submission about whether or not it should be considered in a Closed Meeting.
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RESOLVED - 17/053 Cr R Gander/Cr J Hamling 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 Termination of Contract 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 (e) information that would, if disclosed, prejudice the maintenance of law. 6.2 Tender F2396 - Construction of Concrete Roundabouts & Additional Traffic Facilities 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 8.43pm.
The Mayor declared the Ordinary Meeting of Council resumed at 9.10pm.
7 Resolutions from Closed Meeting
The General Manager read out the following resolutions made in the Closed Meeting of Council.
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TRIM Reference: 2017/143 |
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RESOLVED - 17/054 Cr C Gryllis/Cr N Jones 1 That Council note that Hibbo Hire Pty Ltd do not intend to complete the works under contract on the Widening of the East Orange Channel Byng Street to McLachlan Street (F2202) and have removed materials and amenities from the site. 2 That pursuant to Section 55(3)(i) and (k) of the Local Government Act 1993 NSW that Council complete the widening of the East Orange Channel Byng Street to McLachlan Street without further tendering because extenuating circumstances exist which require Council to undertake emergency works to ensure against damage to the environment and private property. 3 That Council make every effort to pursue its costs and/or damages from Hibbo Hire Pty Ltd to which it is entitled under the Contract or at law. 4 That permission be granted for the use of 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 S Munro, Cr G Taylor, Cr J Whitton, Cr A Brown |
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Voted Against |
Nil |
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Absent |
Cr R Kidd, Cr R Turner |
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TRIM Reference: 2017/295 |
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RESOLVED - 17/055 Cr C Gryllis/Cr J Hamling 1 That Council decline to accept any of the tenders for the construction of concrete roundabouts and additional traffic facilities, tender number F2396 as a result of all tenders exceeding the available budget. 2 That Council cancel the proposal to contract the construction of concrete roundabouts and additional traffic facilities 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 staff project manage the construction of the Wentworth/Kenna intersection realignment with Council staff undertaking the majority of works within the existing project budget. 5 That the General Manager be authorised to enter into negotiations with suitably qualified organisations to meet time and cost objectives to deliver the construction of concrete roundabouts at Moulder Street and Woodward Road, and Lords and March Streets. 6 That Council staff liaise with the Roads and Maritime Service to source any possible additional project funding to enable these projects to proceed. 7 That permission be granted to affix the Council Seal to all 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 S Munro, Cr G Taylor, Cr J Whitton, Cr A Brown |
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Voted Against |
Nil |
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Absent |
Cr R Kidd, Cr R Turner |
The Meeting Closed at 9.13pm
This is Page Number 8 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 21 February 2017.