ORANGE CITY COUNCIL

 

MINUTES OF THE

Ordinary Council Meeting

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

ON 6 June 2017

COMMENCING AT 7.00pm


 1      Introduction

Attendance

Cr J Davis OAM (Mayor), Cr J Hamling (Deputy Mayor), Cr A Brown, Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr R Kidd, Cr S Munro, Cr G Taylor, 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 Corporate and Community Relations, Water and Sewerage Strategic Manager, Manager Building and Environment, Senior Planner (Drum)

 

RESOLVED - 17/209                                                                          Cr S Munro/Cr R Gander

That Council allow the media to record the Council Meeting.

 

 

1.1     APOLOGIES

 

RESOLVED - 17/210                                                                          Cr J Hamling/Cr C Gryllis

That the apology be accepted from Cr N Jones for the Council Meeting of Orange City Council on 6 June 2017.

 

1.2     ACKNOWLEDGEMENT OF COUNTRY

 


 

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

Cr J Davis declared a pecuniary interest in item 2.4 of the Planning and Development Committee (DA 113/2017(1) – 38-44 Bathurst Road) as he is the business owner.

Cr J Hamling declared a less than significant non-pecuniary interest in item 2.4 of the Planning and Development Committee (DA 113/2017(1) – 38-44 Bathurst Road) as he ran on Cr Davis’s ticket in the 2012 Local Government Election.

Cr C Gryllis declared a pecuniary interest in item 2.6 of the Planning and Development Committee (Planning Proposal Old Hospital Site) as an agent acting in associated matter.

 

2       Mayoral Minutes

Nil

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.07PM

 

OPEN FORUM

Item 2.2 – Employment and Economic Development Policy Committee – Update on Quarterly Unemployment Data (Grow Local Program)

Mr Kevin McGuire (Wangarang)

Mr McGuire thanked Council for grants received under the Grow Local campaign and outlined the significant development of Wangarang Industries Council’s funding had provided.

Item 2.3 – Planning and Development Committee - DA 245/2016(1) - 6/175 and 7/175 Dalton Street

Mr Dhruv Patel

Mr Patel sought Council’s approval of the development application.

Item 2.2 – Planning and Development Committee – DA 63/2017(1) - 36-40 Turner Crescent, Orange

Ms Jodie Williams

Ms Williams outlined her objection to the development.

Ms Kylie Webster

Ms Webster outlined her objection to the development.

Mr Peter Calder

Mr Calder outlined his objection to the development.

Mr Graeme Scott

Mr Scott outlined his objection to the development.

 

THE OPEN FORUM CONCLUDED AT 8.00PM

  

3       Confirmation of Minutes of Previous Meeting

RESOLVED - 17/211                                                                         Cr J Whitton/Cr S Munro

That the Minutes of the Ordinary Meeting of Orange City Council held on 16 May 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 16 May 2017.

  

4       Notices of Motion/Notices of Rescission

Nil

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 8.00PM

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 9.48PM

 

5       General Reports

5.1     Register of Delegations

TRIM Reference:        2016/2974

RESOLVED - 17/248                                                                            Cr C Gryllis/Cr S Munro

That the Register of Delegations, as amended in June 2017, be adopted.

 

 

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 - 17/249                                                                           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     NetWaste Tender F2442 - Tender for the Collection and Recycling of Scrap Metal for Councils in the NetWaste Region

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     Solar Power Purchase Agreements Aquatic Centre and Civic Centre

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     EOI - Loan Borrowings

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     General Manager's Performance Appraisal (RESTRICTED)

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 (a) personnel matters concerning particular individuals (other than councillors).

6.5     Complaints under Orange City Council Code of Conduct (RESTRICTED)

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 9.51pm.

The Mayor declared the Ordinary Meeting of Council resumed at 10.37pm.


 

 

7       Resolutions from Closed Meeting

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

6.1     NetWaste Tender F2442 - Tender for the Collection and Recycling of Scrap Metal for Councils in the NetWaste Region

TRIM Reference:        2017/1010

RESOLVED - 17/250                                                                           Cr C Gryllis/Cr R Gander

1        That Council award contract F2442 for Collection and Recycling of Scrap Metal for Councils in the NetWaste Region to Sims Metal Management.

2        That Council confirm its involvement in the Contract to NetWaste and execute the Contract documents as appropriate.

3        That approval be granted for the use of the Council Seal on any relevant document if required.

 

 

Division of Voting

Voted For

Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton, Cr A Brown

Voted Against

Nil

Absent

Cr N Jones

 

6.2     Solar Power Purchase Agreements Aquatic Centre and Civic Centre

TRIM Reference:        2017/913

RESOLVED - 17/251                                                                         Cr S Munro/Cr J Hamling

1        That Council award the tender for the Solar Panels and Power Purchase Agreement on the Aquatic Centre roof to Kenjarhy Solar.

2        That permission be granted for the use of the Council seal on any relevant document if required.

 

 

Division of Voting

Voted For

Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton, Cr A Brown

Voted Against

Nil

Absent

Cr N Jones

 

6.3     EOI - Loan Borrowings

TRIM Reference:        2017/979

RESOLVED - 17/252                                                                              Cr J Davis/Cr S Munro

That the loan be undertaken as an internal loan if a response is received from the Office of Local Government by 19 June 2017, otherwise:

1        That the loan funds be drawn from the Commonwealth Bank of Australia repaid in quarterly instalments fixed for five years at 3.12%.

2        That the General Manager be authorised to execute relevant documents.

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

4        That the necessary advices be supplied to update the NSW Government on Council’s borrowings.

 

 

Division of Voting

Voted For

Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton, Cr A Brown

Voted Against

Nil

Absent

Cr N Jones

 

6.4     General Manager's Performance Appraisal (RESTRICTED)

TRIM Reference:        2017/1016

RESOLVED - 17/253                                                                         Cr G Taylor/Cr J Whitton

1        That the completion of the General Manager’s performance appraisal be noted.

2        That the Performance Agreement for 2017/18 and the action plan for 2017/18 be noted.

3        That the next appraisal of the General Manager be held prior to October 2018.

 

 

 

6.5     Complaints under Orange City Council Code of Conduct

TRIM Reference:        2017/1087

RESOLVED - 17/254                                                                         Cr J Whitton/Cr G Taylor

That the report on complaints under Orange City Council Code of Conduct be deferred.

 

 

The Meeting Closed at 10.39PM

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