MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 1 August 2017
COMMENCING AT 7.00pm
Attendance
Cr J Davis OAM (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr N Jones, Cr R Kidd, Cr S Munro, Cr G Taylor (7.12pm), Cr R Turner, Cr J Whitton (7.09pm)
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, Works Manager, Manager Engineering Services, Manager Development Assessments
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RESOLVED - 17/345 Cr S Munro/Cr C Gryllis That Council allow the media to record the Council Meeting.
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1.1 APOLOGIES
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RESOLVED - 17/346 Cr S Munro/Cr C Gryllis That the apologies be accepted from Cr J Hamling (Deputy Mayor) and Cr A Brown for the Council Meeting of Orange City Council on 1 August 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 6.3 (Expression of Interest – Council Land) and Item 6.4 (Supplementary Information for Item 6.3) as a real estate agent previously involved in this site.
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TRIM Reference: 2017/1638 |
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RESOLVED - 17/347 Cr J Davis/Cr R Gander That Council provide $2,500 for the conduct of suicide prevention training/peer support program funded from the donations budget.
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THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.04PM
Item 2.3 – PDC – DA 63/2017(1) – 36-40 Turner Crescent, Orange
Mr Graeme Scott
Mr Scott outlined his objection to the development application.
** Cr Whitton arrived with the time being 7.09pm**
Ms Janelle Calder
Ms Calder outlined her objection to the development application.
** Cr Taylor arrived with the time being 7.12pm**
Item 2.5 – PDC – DA 192/2017(1) – 87 Byng Street, Orange
Ms Cheryl McDonald
Ms McDonald outlined her objection to the development application.
Mr Dino Cunial
Mr Cunial outlined his objection to the development application.
THE OPEN FORUM CONCLUDED AT 7.26PM
3 Confirmation of Minutes of Previous Meeting
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RESOLVED - 17/348 Cr R Gander/Cr S Munro That the Minutes of the Ordinary Meeting of Orange City Council held on 18 July 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 18 July 2017. |
** Crs Duffy and Kidd requested that their names be recorded as having voted against Item 2.1 of the Council Minutes held on 18 July 2017.**
LATE ITEMS
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RESOLVED - 17/349 Cr R Gander/Cr R Turner 1 That the following late items be dealt with at the meeting of Orange City Council held on 1 August 2017. Item 2.6 (PDC) DA63/2017(1) Supplementary Report – 36-40 Turner Crescent, Orange Item 6.4 (CCL) Supplementary Information for Item 6.3 – Expression of Interest – Council Land Item 6.5 (CCL) Purchase of Land – Casey Street
2 That Council deal with Item 6.4 in conjunction with Item 6.3 of Closed Council and Item 2.6 of Planning and Development Committee with Item 2.3 of the Planning and Development Committee.
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4 Notices of Motion/Notices of Rescission
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TRIM Reference: 2017/1542 |
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RESOLVED - 17/350 Cr N Jones/Cr K Duffy 1 That Council continues to advocate for overnight stabling of the Bathurst Bullet in Orange. 2 That Council continues discussions and seeks feedback from Dubbo Regional Council about improved access to the adjustments to the XPT service. 3 That when the new Orange City Council is formed post the September election consideration be given to continuing support for the Orange Rail Action Group.
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MATTER ARISING
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RESOLVED - 17/351 Cr N Jones/Cr C Gryllis That Council write to the Member for Orange, Phillip Donato, NSW Minister for Transport and Infrastructure, the Hon Andrew Constance, the NSW Premier, the Hon Gladys Berejiklian, seeking a discussion paper on the proposed XPT fleet replacement and scheduling to ensure services to the Central West are enhanced and direct consultation with Orange City Council and Cental West stakeholders on current planning options.
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THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.29PM
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 9.18PM
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TRIM Reference: 2017/1635 |
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RESOLVED - 17/381 Cr C Gryllis/Cr K Duffy 1 That Council adopt the amendments to the Schedule of Fees and Charges as listed in the exhibited draft Delivery/Operational Plan for the period 1 July 2017 to 30 June 2018, provided that such changes may be varied by any alteration to the Local Government Act 1993 or Local Government (General) Regulation as directed by the NSW Government, noting these are the ex GST amounts: a The interest rate payable on overdue rates and charges be set at 7.5%. b Showground Pavilion – events of greater than 1 week duration – fee determined individually for each application c Before and After School Care – Before school session per child - $21.00 d Before and After School Care – After school session per child - $27.00 e Vacation Care – per child per day - $57.00 f Family Day Care – Fee per hour of contracted care or part there if - Before and After School Care - $7.70 - $12.50 g Family Day Care – Vacation Care – Daily Rate - $55.00 - $60.00 h Spring Street Childcare Centre - Bookings for extra Day - $96.00 i Yarrawong Childcare Centre – Bookings for extra day - $96.00 j Residential Services – Residents contribution of their benefits – Residents rent contribution – to be determined by the National Disability Insurance Agency k Residential Services – Residents contribution of their benefits – Residents board and lodgings – to be determined by the National Disability Insurance Agency l Companion Animals – For a de-sexed animal - $53.00 with CPI to be applied from 1 July 2017 m Companion Animals - For a de-sexed animal owned by an eligible pensioner - $22.00 with CPI to be applied from 1 July 2017 n Companion Animals - For an animal not de-sexed - $195.00 with CPI to be applied from 1 July 2017 o Companion Animals – Animal not de-sexed but kept by a recognised breeder for breeding purposes - $53.00 with CPI to be applied from 1 July 2017 p Private Certification – Lodgement of privately certified Part 4A certification with Council (Clause 263(2))- $36.00 q Property Certificate – Certificate under s735A of the Local Government Act - $195.00 r Environmental Learning Facility – usage by not for profit community groups – Free hire of venue s Certificate 603 - $80.00 t Amend references to the “Friends of the Gallery” free venue hire to include “Friends of the Museum”. u Amend Carriage Cottage – Community Group entries to the following: i. Community Group – non-profit – up to 10 times in one year – free ii. Community Group – non-profit – per hour after 10 times per year - $9.55.
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TRIM Reference: 2017/1637 |
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RESOLVED - 17/382 Cr R Gander/Cr K Duffy 1 That Council provide a guarantee to Westpac for a $100,000 loan provided to the Emu’s Rugby Club Inc. 2 That the General Manager be authorised to sign all relevant documents. 3 That permission be granted for the use of the Council Seal on any relevant document, if required.
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TRIM Reference: 2017/1617 |
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RESOLVED - 17/383 Cr J Davis/Cr R Gander 1 That the information provided in the report on Orange to Carcoar Pipeline – Malicious Damage be acknowledged. 2 That Council offer a reward of $25,000 for information leading to the offender(s) being charged and convicted in relation to this malicious damage.
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Cr Duffy requested information on Council’s funding contribution to the Orange to Carcoar pipeline project. Information to be circulated. |
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TRIM Reference: 2017/1431 |
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RESOLVED - 17/384 Cr R Gander/Cr R Turner That Council place on public exhibition the following proposed fees and charges: a Clover Hill Function Centre
B Private Works Management
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MATTER ARISING
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RESOLVED - 17/385 Cr R Kidd/Cr G Taylor That Council provide a letter of congratulations to the Pay It Forward group for their emergency accommodation facility. |
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 - 17/386 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 Acquisition of Land - Southern Feeder 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 (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 Tenders for the Transportation of Liquid Waste 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 Expression of Interest - Council Land (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 (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 Supplementary Information for Item 6.3 - Expression of Interest - Council Land - Closed Council Meeting 1 August 2017 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 Purchase of land - Casey Street 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 9.45pm.
The Mayor declared the Ordinary Meeting of Council resumed at 10.00pm.
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: 2017/1467 |
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RESOLVED - 17/387 Cr R Turner/Cr S Munro 1 That Council acquires approximately 310m2 of part Lot 1 DP 68495 and approximately 1,341m2 of part Lot 150 DP 706655 for construction of the Southern Feeder Road in accordance with the details outlined in this report. 2 That the General Manager be delegated authority to finalise the acquisitions. 3 That upon acquisition, the land be classified as Operational.
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TRIM Reference: 2017/1584 |
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RESOLVED - 17/388 Cr C Gryllis/Cr S Munro 1 That Council award the contract for Transportation of Liquid Waste (Leachate) from the Euchareena Road Resource Recovery Centre to the Orange Waste Water Treatment Plant to JR Richards & Sons at a rate of $15.79/KL (GST exclusive) for a three year term based on renewal of the contract being subject to annual review. 2 That authority be granted to affix the Council Seal to any necessary documentation 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 R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton, Cr N Jones |
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Voted Against |
Nil |
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Absent |
Cr J Hamling, Cr A Brown |
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6.3 Expression of Interest - Council Land (Restricted) TRIM Reference: 2017/1646 |
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Cr C Gryllis declared a pecuniary interest in this item as a real estate agent previously involved in this site, left the Chamber, and did not participate in the voting or debate on this item. |
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RESOLVED - 17/389 Cr G Taylor/Cr K Duffy 1 That the report – Supplementary Information for Item 6.3 – Expression of Interest – Council Land – Closed Council Meeting 1 August 2017 be acknowledged. 2 That Council note the report by the General Manager on Expression of Interest – Council Land.
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TRIM Reference: 2017/1695 |
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RESOLVED - 17/390 Cr R Kidd/Cr R Turner 1 That Council purchase Lot 6 Section 14 DP 5265 to be funded from the drainage budget allocation and the drainage reserve. 2 That in the event of negotiations for the purchase of this property not being successful, Council resolve to: a Acquire by compulsory acquisition under section 186 and 187 of the Local Government Act 1993, an easement of 4 metres wide for drainage purposes over Lot 6 Section 14 DP 5265 b Approve the making of 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 Land. c Approve the making of 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 Land. 3 That the land be classified operational on acquisition. 4 That the General Manager be delegated authority to finalise negotiations for this purchase. 5 That authority be granted for the use of the Council Seal on any documentation if required. 6 That upon resolution of all drainage issues on this property, Council sell the residual property as discussed in the body of this report.
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The Meeting Closed at 10.04pm
This is Page Number 13 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 1 August 2017.