ORANGE CITY COUNCIL

 

MINUTES OF THE

Ordinary Council Meeting

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

ON 7 March 2017

COMMENCING AT 7.00pm


 1      Introduction

Attendance

Cr J Davis OAM (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr S Munro, Cr G Taylor (7.03pm), 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, Works Manager, Communications Officer, Manager Building and Environment

1.1     APOLOGIES

 

RESOLVED - 17/056                                                                           Cr C Gryllis/Cr R Gander

That the apologies be accepted from Cr A Brown, Cr J Hamling (Deputy Mayor) and Cr N Jones for the Council Meeting of Orange City Council on 7 March 2017 and Cr R Kidd leave of absence to the end of April 2017.

 

1.2     ACKNOWLEDGEMENT OF COUNTRY

 

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

Cr C Gryllis declared a pecuniary interest in item 6.1 of the Council Meeting - Old Hospital Site Demolition Tender and Option Agreement, as as a Real Estate agent with possible dealings in this matter.

Cr K Duffy declared a significant non-pecuniary interest in item 6.2 of the Council Meeting -Wastewater Negotiations, as his son is employed at Cadia Mine.

2       Mayoral Minutes

Nil  


 

 

** Cr Taylor arrived at the meeting with the time being 7.03pm* 

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.25PM

 

OPEN FORUM

 

Ms Roslyn Davidson - Item 4.2 - CCL - Statue - John Patrick Hamilton VC

Sought Council’s agreement to locate the statue of John Patrick Hamilton VC in front of the Memorial Hall.

Mr Ian Carter - Item 2.2 - PDC - DA 61B Moulder Street, Orange

Outlined objection to DA 4/2016(1) – 61B Moulder Street and sought Council defer consideration of the DA pending an inspection.

Mr John Mills - Item 2.2 - FPC - Financial Assistance - Poetry Festival

Mr Mills outlined success of the 2017 Festival and sought Council’s support of the 2018 Festival.

Ms Sally Sutherland - Item 2.2 - PDC - DA 61B Moulder Street, Orange

Ms Sutherland, Architect for the development at 61B Moulder Street, sought Council’s consent for the development.

 

THE OPEN FORUM CONCLUDED AT 7.27PM

 

3       Confirmation of Minutes of Previous Meeting

RESOLVED - 17/057                                                                         Cr J Whitton/Cr S Munro

That the Minutes of the Ordinary Meeting of Orange City Council held on 21 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 21 February 2017.

 

 

LATE ITEMS

RESOLVED - 17/058                                                                            Cr C Gryllis/Cr S Munro

That the following late items be dealt with at the meeting of Orange City Council held on 7 March 2017.

·         Item 4.1 (Council) - Rescission Motion - Statue - John Patrick Hamilton VC

·         Item 4.2 (Council) - Notice of Motion - Statue - John Patrick Hamilton VC

 

 

 

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.27PM

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 9.40PM

  

4       Notices of Motion/Notices of Rescission

4.1     RESCISSION MOTION - Statue - John Patrick Hamilton VC

TRIM Reference:        2017/416

Motion                                                                                             Cr C Gryllis/Cr R Gander

That Council rescind the part of the following resolution highlighted in bold, having made the decision at the Council Meeting held on 19 May 2015, in relation to the location of the John Patrick Hamilton VC statue:

RESOLVED - 15/187                                                                                 Cr J Davis/Cr S Munro

1        That Council enter a partnership with the Orange Ex-Services Club, the Federal Government and the NSW Government for the establishment of an appropriate memorial to Private John Hamilton VC, in front of the OCTEC building.

 

THE RESCISSION MOTION ON BEING PUT TO THE VOTE WAS TIED. THE MAYOR USED THE CASTING VOTE AGAINST THE RESCISSION MOTION.

THE RESCISSION MOTION WAS LOST.

 

 

 

4.2     NOTICE OF MOTION - Statue - John Patrick Hamilton VC by Cr Gryllis

TRIM Reference:        2017/406

this item was not considered as the rescission motion was not adopted.

 

 


 

5       General Reports

5.1     2017 National General Assembly of Local Government Call for Motions

TRIM Reference:        2017/323

RESOLVED - 17/078                                                                                 Cr K Duffy/Cr J Davis

1    That Council advise the Executive Support Manager of any motions for submission to the National General Assembly.

2    That Council advise the Executive Support Manager if interested in attending the National General Assembly to be held 18 to 21 June 2017.

 

 

5.2     Classification of land - Buckland Drive

TRIM Reference:        2017/276

RESOLVED - 17/079                                                                            Cr K Duffy/Cr R Gander

1        That Lot 439 DP 1228050 Buckland Drive be classified as Operational Land pursuant to Chapter 6, Part 2 of the Local Government Act 1993.

2        That authority be granted to affix the Council Seal on necessary documentation if required.

 

 

5.3     Classification of Land - Bulgas Road

TRIM Reference:        2017/331

RESOLVED - 17/080                                                                             Cr K Duffy/Cr R Turner

1        That Lot 990 DP 1196320 be classified as Operational Land pursuant to Chapter 6, Part 2 of the Local Government Act 1993.

2        That authority be granted to affix the Council Seal on necessary documentation if required.

 

 

 

5.4     Boundary Change

TRIM Reference:        2017/360

RESOLVED - 17/081                                                                            Cr R Gander/Cr K Duffy

1       That Council reaffirm its support for boundary change.

2       That Council support in principle the Cabonne Eastern Rural Sector Group proposal.

3       That Council engage in dialogue with Cabonne Council on this matter.

 

 

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 a written submission had been received from Cyril Smith in relation to Item 6.2.

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 advised that he considered there was insufficient information on item 6.2 to ascertain if he would make a presentation on whether or not it should be in a Closed Meeting.

 

RESOLVED - 17/082                                                                          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     Old Hospital Site Demolition Tender and Option 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.

6.2     Wastewater Negotiations

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, (d)iii information that would, if disclosed, reveal a trade secret and (g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

     

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 9.12pm.

The Mayor declared the Ordinary Meeting of Council resumed at 9.40pm.


 

7       Resolutions from Closed Meeting

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

6.1     Old Hospital Site Demolition Tender and Option Agreement

TRIM Reference:        2017/336

Cr C Gryllis declared a pecuniary interest in this item as a Real Estate agent, left the Chamber, and did not participate in the voting or debate on this item.

RESOLVED - 17/083                                                                        Cr R Gander/Cr J Whitton

1        That Council decline to accept any of the tenders for the Old Orange Hospital Site Demolition, tender number F2298, as a result of all tenders exceeding the available budget.

2        That Council cancel the proposal to contract the Old Orange Hospital Site Demolition contemplated in the tender.

3        That Council note that extenuating circumstances exist, being that tenders received did not comply with the 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 suitably qualified organisations for a cost effective solution to the demolition of the Old Orange Hospital.

5        That approval be granted for the use of the Council Seal on relevant documents if required.

6        That Council enter into an option agreement for part of the Old Orange Hospital Site with Council accepting the offered price as identified in the report if the option is exercised and that an option agreement fee of $50,000 (ex GST) being applied, refundable only upon purchase.

 

** Cr Gryllis returned to the Chamber. **

 

6.2     Wastewater Negotiations

TRIM Reference:        2017/355

Cr K Duffy declared a significant non-pecuniary interest in this item as his son is employed at Cadia, left the Chamber, and did not participate in the voting or debate on this item.

RESOLVED - 17/084                                                                            Cr R Turner/Cr C Gryllis

That Council note the update report and endorse the actions contained in the report summary with the General Manager to report outcomes to Council.

 

 

The Meeting Closed at 9.43PM.

This is Page Number 6 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 7 March 2017.