ORANGE CITY COUNCIL

 

MINUTES OF THE

Ordinary Council Meeting

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

ON 21 November 2017

COMMENCING AT 7.00pm


 1      Introduction

Attendance

Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr S Romano,  Cr G Taylor (7.05pm), Cr R Turner, Cr J Whitton

General Manager, Director Corporate and Commercial Services, Director Development Services, Manager Administration and Governance, Manager Financial Services, Manager Corporate and Community Relations, Operations Manager, Works Manager, Digital Communications Officer, Financial Accountant, Purchasing Creditors Officer.

 

RESOLVED - 17/507                                                                         Cr J Whitton/Cr S Munro

That Council allow the Central Western Daily to live stream and record the Council Meeting.

 

 

1.1     APOLOGIES

Nil

 

1.2     ACKNOWLEDGEMENT OF COUNTRY

 

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

Nil

2       Mayoral Minutes

Nil


 

THE MAYOR MADE THE FOLLOWING PRESENTATIONS FROM THE NSW BLUE STAR (TIDY TOWNS) AWARDS:

 

·         Bailey Dickinson-Bubb for Highly Commended in the Young Environmental Achievement Award

·         Certificate of Appreciation to the Bowen Community Technology Centre

·         The Overall Sustainability Award for Regional NSW was won by the City of Orange

 

MR CHRIS GRYLLIS MADE A PRESENTATION AND THANKED COUNCIL FOR ITS COMMITMENT TO TIDY TOWNS OVER MANY YEARS.

 

CR ROMANO PRESENTED AN AWARD FOR AIRPORT INNOVATION AND EXCELLENCE FOR A REGIONAL AIRPORT, WON BY ORANGE AT THE RECENT NATIONAL AIRPORT OWNERS’ CONFERENCE

 

THE MAYOR WELCOMED MR NIGEL DAVENPORT FROM TIMARU NZ TO THE MEETING, WHO IS HERE TO STUDY ECONOMIC DEVELOPMENT IN THE CITY

3       Confirmation of Minutes of Previous Meeting

RESOLVED - 17/508                                                                       Cr S Romano/Cr S Nugent

That the Minutes of the Ordinary Meeting of Orange City Council held on 7 November 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 November 2017.

PRESENTATION BY AUDITOR – MR CHRIS CLAYTON (NSW AUDIT OFFICE) AND MR JOHN O’MALLEY (INTENTUS)

4       Notices of Motion/Notices of Rescission

4.1     Notice of Motion - Establishment of Rest Stops by Cr Romano

TRIM Reference:        2017/2286

RESOLVED - 17/509                                                                        Cr S Romano/Cr S Munro

1        That Council build a stop and rest area at the entrances to Orange (similar to the one opposite Bathurst Correctional Centre) in the following locations:

·                Mitchell Highway – Bathurst side in the area adjacent to Dairy Creek Road

·                Mitchell Highway – Molong side in a suitable location to be identified

2        That these rest areas include a toilet block with disabled toilet including security lighting, space for caravans and RVs to stop, picnic area including BBQ’s with shaded seats and garbage bins, a children’s play area and a large sign including a map of Orange and visitor attractions.

3        That Council seek State and Federal Government funding for these rest stops.

 

 

4.2     Notice of Motion - Land Sales and Purchases by Cr Duffy

TRIM Reference:        2017/2489

RESOLVED - 17/510                                                                              Cr K Duffy/Cr G Taylor

That Councillors be supplied with details on Council-owned vacant land, residential land (including houses) industrial land and farming land sales and purchases in the period of 1 July 2007 to 10 November 2017, to include:

1        Date of purchase

2        Purchase price

3        Reason for purchase

4        Reason for sale (even if not completed)

5        Agent details and commission paid

6        Details of resumptions

7        Any other notes of interest

To be provided prior to the last Council Meeting in December 2017.

 

 

4.3     Notice of Motion - Councillor Committee by Cr Duffy

TRIM Reference:        2017/2490

This item was withdrawn by Council.

A workshop will be conducted with Councillors in relation to Strategic Policies and delegations.

 

 


 

5       General Reports

5.1     Recommendations and Resolutions from Policy Committees

TRIM Reference:        2017/2361

RESOLVED - 17/511                                                                         Cr J Whitton/Cr S Munro

1        That the resolutions made by the Planning and Development Committee at its meeting held on 7 November 2017 be noted.

2        That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 7 November 2017 be noted.

3        That the resolutions made by the Infrastructure Policy Committee at its meeting held on 7 November 2017 be noted.

4        That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 7 November 2017 be noted.

5        That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 7 November 2017 be noted.

6        That the resolutions made by the Finance Policy Committee at its meeting held on 7 November 2017 be noted.

7        That the resolutions made by the Services Policy Committee at its meeting held on 7 November 2017 be noted.

 

 

5.2     Outstanding Questions Taken on Notice

TRIM Reference:        2017/2360

RESOLVED - 17/512                                                                          Cr J Hamling/Cr J McRae

That the information provided in the report by the Manager Administration and Governance on Questions Taken on Notice be acknowledged.

 

 

QUESTION TAKEN ON NOTICE 

Cr Duffy requested a report on outstanding Council resolutions.


 

 

5.3     Statement of Investments - October 2017

TRIM Reference:        2017/2342

RESOLVED - 17/513                                                                          Cr S Munro/Cr S Nugent

1        That Council receives the Statement of Investments as at 31 October 2017.

2        That Council receives and adopts the certification of the Responsible Accounting Officer.

 

 

5.4     Forest Road Bridge Duplication Project Feasibility

TRIM Reference:        2017/2238

RESOLVED - 17/514                                                                              Cr K Duffy/Cr G Taylor

1        That Council not proceed with the construction of the Forest Road Bridge Duplication at this time as the cost for construction will significantly exceed the available budget.

2        That Council declines to accept any of the tenders for the construction of the Forest Road Bridge Duplication as a result of all tenders exceeding the available budget.

3        That Council cancel the proposal to contract the Forest Road Bridge Duplication contemplated in the tender.

4        That Council note that extenuating circumstances exist, being that tenders received did not meet available budget, and that Council does not consider re-tendering will achieve a better result.

5        That Council make representations to State and Federal grant funding agencies advising of Council’s decision not to proceed with the project and requesting that funds instead be made available for the construction of further stages of the Southern Feeder Road.

 

 

Division of Voting

Voted For

Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr S Romano, Cr G Taylor, Cr R Turner, Cr J Whitton

Voted Against

Nil

Absent

Nil

 


 

5.5     Change of Meeting Date

TRIM Reference:        2017/2417

RESOLVED - 17/515                                                                          Cr R Turner/Cr S Nugent

That the Council Meeting scheduled for Tuesday 5 December 2017 be held on Thursday 7 December 2017 at 7.00pm.

 

 

5.6     Development Application DA 211/2016(2) - 76 Hill Street

TRIM Reference:        2017/2418

RESOLVED - 17/516                                                                         Cr R Turner/Cr J Whitton

That Council consents to development application DA 211/2016(2) for Dwelling Alterations and Additions, Garage (new), Existing Carport/Garage Conversion (gymnasium) and Fencing (front boundary fencing) at Lot 12 DP 1225121 - 76 Hill Street Orange pursuant to the conditions of consent in the attached Notice of Approval.

 

 

Division of Voting

Voted For

Cr R Kidd (Mayor), Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Munro, Cr M Previtera, Cr S Romano, Cr G Taylor, Cr R Turner, Cr J Whitton

Voted Against

Cr J McRae (Deputy Mayor), Cr S Nugent

Absent

Nil

 

5.7     Parking Orange Health Service

TRIM Reference:        2017/2442

RESOLVED - 17/517                                                                           Cr R Turner/Cr S Munro

That the report by the Manager Corporate and Community Relations on parking at Orange Health Service be acknowledged.

 

 

5.8     Draft Exchange Memorandum of Understanding with Timaru

TRIM Reference:        2017/2443

RESOLVED - 17/518                                                                           Cr J Whitton/Cr K Duffy

That the report on the draft exchange memorandum of understanding with Timaru, New Zealand be acknowledged.

 

 


 

 

5.9     Strategic Policy Review

TRIM Reference:        2017/2446

RESOLVED - 17/519                                                                         Cr J Whitton/Cr S Munro

That Council place the following draft Strategic Policies on public exhibition for a minimum of 28 days:

ST092 – Privacy and Personal Information

ST062 – Records Management for Councillors

ST131 – Orange Regional Museum Heritage Collection

 

 

5.10   Council Meetings in other locations

TRIM Reference:        2017/2448

RESOLVED - 17/520                                                                         Cr J Hamling/Cr S Munro

That the 20 March 2018 Council Meeting be held at the Lucknow School and include an Open Forum, and the 16 October 2018 Council Meeting be held in the Spring Hill Hall and also include an Open Forum.

 

 

5.11   Consultation - Model Code of Conduct and associated Procedures

TRIM Reference:        2017/2449

RESOLVED - 17/521                                                                             Cr K Duffy/Cr R Turner

That Council make a submission to the Office of Local Government on the Model Code of Conduct and associated Procedures, as set out in this report.

 

 


 

5.12   Community Committee Framework

TRIM Reference:        2017/2444

MOTION                                                                                             Cr J Whitton/Cr K Duffy

1        That Council establish the Community Committee framework for the 2017/2020 term of Council.

2        That Council confirm the Chairperson and Councillor members identified for each Community Committee established (with exception to those that Council determine will have a community member as the Chairperson).

3        That Council seek expressions of interest from community members and relevant agencies/organisations to join a Community Committee, based on the draft Charter for each Committee.

4        That Council confirm representation on the following external bodies

a        City of Orange Traffic Committee - Cr Turner Chairperson and Cr Mileto alternate

b        Orange Rail Action Group - Cr McRae

c        Joint Regional Planning Panel - Cr Kidd, Cr Mileto, Cr Whitton

d        Business Enterprise Centre - Cr McRae

e        Association of Mining Related Councils – Membership to be confirmed

f        Orange Business Chamber - Cr Munro

g        TDO Limited - Cr Kidd, Cr Whitton, Cr Hamling, Garry Styles

h        CENTROC - Cr Kidd, Cr McRae

i         Central West Libraries - Cr McRae

j         Orange Regional Arts Foundation - Cr Nugent

k        Ronald McDonald House Board - Cr Hamling

l         Orange Push for Palliative Care - Cr Kidd, Cr Hamling

m      Orange Domestic and Family Violence Roundtable - Cr Hamling, Cr Mileto

AMENDMENT                                                                                     Cr J McRae/Cr S Munro

1        That Council establish the Community Committee framework for the 2017/2020 term of Council.

2        That Council confirm the Chairperson and Councillor members identified for each Community Committee established (with exception to those that Council determine will have a community member as the Chairperson).

3        That Council seek expressions of interest from community members and relevant agencies/organisations to join a Community Committee, based on the draft Charter for each Committee.

4        That Council confirm representation on the following external bodies

a        City of Orange Traffic Committee - Cr Turner Chairperson and Cr Mileto alternate

b        Orange Rail Action Group - Cr McRae

c        Joint Regional Planning Panel - Cr Kidd, Cr Mileto, Cr Whitton

d        Business Enterprise Centre - Cr McRae

e        Association of Mining Related Councils – Membership to be confirmed

f        Orange Business Chamber - Cr Munro

g        TDO Limited - Cr Kidd, Cr Whitton, Cr Hamling, Garry Styles

h        CENTROC - Cr Kidd, Cr McRae

i         Central West Libraries - Cr McRae

j         Orange Regional Arts Foundation - Cr Nugent

k        Ronald McDonald House Board - Cr Hamling

l         Orange Push for Palliative Care - Cr Kidd, Cr Hamling

m      Orange Domestic and Family Violence Roundtable - Cr Hamling, Cr Mileto

5        That the Chairperson of the Sister Cities Community Committee be a Councillor.

         

THE AMENDMENT ON BEING PUT TO THE MEETING WAS LOST

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

 

RESOLVED - 17/522                                                                           Cr J Whitton/Cr K Duffy

1        That Council establish the Community Committee framework for the 2017/2020 term of Council.

2        That Council confirm the Chairperson and Councillor members identified for each Community Committee established (with exception to those that Council determine will have a community member as the Chairperson).

3        That Council seek expressions of interest from community members and relevant agencies/organisations to join a Community Committee, based on the draft Charter for each Committee.

4        That Council confirm representation on the following external bodies

a        City of Orange Traffic Committee - Cr Turner Chairperson and Cr Mileto alternate

b        Orange Rail Action Group - Cr McRae

c        Joint Regional Planning Panel - Cr Kidd, Cr Mileto, Cr Whitton

d        Business Enterprise Centre - Cr McRae

e        Association of Mining Related Councils – Membership to be confirmed

f        Orange Business Chamber - Cr Munro

g        TDO Limited - Cr Kidd, Cr Whitton, Cr Hamling, Garry Styles

h        CENTROC - Cr Kidd, Cr McRae

i         Central West Libraries - Cr McRae

j         Orange Regional Arts Foundation - Cr Nugent

k        Ronald McDonald House Board - Cr Hamling

l         Orange Push for Palliative Care - Cr Kidd, Cr Hamling

m      Orange Domestic and Family Violence Roundtable - Cr Hamling, Cr Mileto

 

 


 

MATTER ARISING

RESOLVED - 17/523                                                                           Cr J Whitton/Cr K Duffy

That the following Chairpersons and Councillor members be included on the following Committees:

Community Committee

Chairperson

Councillor members

Economic Development

Cr Whitton

Crs Kidd, Mileto, Previtera, Whitton

Orange Health Liaison

Cr Kidd

Crs Kidd, McRae

Sister Cities

Community member

Crs Duffy, Mileto

Audit and Risk Management

Independent

Crs Kidd, McRae, Whitton

Spring Hill

Cr Mileto

Crs McRae, Mileto, Munro

Lucknow

Cr Mileto

Crs Mileto, Previtera

Clifton Grove

Cr McRae

Crs McRae, Previtera

Ageing and Access

Cr Duffy

Crs Duffy, McRae, Romano

Cultural Heritage

Cr Kidd

Crs Kidd, Duffy, Nugent

Community Safety and Crime Prevention

Cr Hamling

Crs Hamling, McRae, Mileto, Taylor

NAIDOC Week

Community member

Crs Munro, Nugent, Romano

Orange Regional Museum

Cr Kidd

Cr Kidd

Centenary of World War I

Cr Kidd

Crs Kidd, Previtera

Orange Conservatorium and Planetarium

Cr Duffy

Crs Duffy, Turner

Floodplain Management

Cr Kidd

Crs Kidd, Romano

Orange and Cabonne Road Safety

Committee determined

Crs McRae, Duffy

Orange Airport

Cr Romano

Crs Mileto, McRae, Munro, Romano

Sport and Recreation (incl. Bicycling)

Cr Hamling

Crs Hamling, Duffy, Nugent

Orange Showground

Cr Kidd

Crs Kidd, Munro, Romano

Australia Day

Community member

Crs Kidd, Turner

Companion Animals

Cr Nugent

Crs Nugent, Munro

Environmental Sustainability

Cr Nugent

Crs Nugent, McRae, Previtera

Parks, Trees and Waterways (including Orange Botanic Gardens)

Cr Kidd

Crs Kidd, Nugent, Previtera

Tidy Towns

Cr Duffy

Crs McRae, Duffy, Munro

 

 

 

RESOLVED - 17/524                                                                               Cr R Kidd/Cr S Munro

That Council not renew membership of the Association of Mining Related Councils.

 

 

QUESTION TAKEN ON NOTICE 

Cr Romano requested an update on progress for establishing a new Caravan Park. A report will be provided to the next meeting.

 

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 - 17/525                                                                              Cr G Taylor/Cr K Duffy

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     Purchase of Sewer and Water Easements - 368 Burrendong Way

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     Tender for Contract Project Management Services

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 8.48pm.

The Mayor declared the Ordinary Meeting of Council resumed at 9.02pm.


 

7       Resolutions from Closed Meeting

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

6.1     Purchase of Sewer and Water Easements - 368 Burrendong Way

TRIM Reference:        2017/1796

RESOLVED - 17/526                                                                           Cr R Turner/Cr S Munro

1     That Council purchase the various easements to drain sewer and easements for water supply through 368 Burrendong Way, Orange, Lot 4 DP 1065251.

2     That Council allocate funds from the Water Fund accumulated surplus in order to acquire various water and sewer easements through 368 Burrendong Way, Orange, Lot 4 DP 10652051.

3     That permission be granted for the use of the Council Seal on any relevant document, if necessary.

 

 

6.2     Tender for Contract Project Management Services

TRIM Reference:        2017/2480

RESOLVED - 17/527                                                                         Cr J Whitton/Cr G Taylor

1        That Council award the Tender for Contract Project Management Services as follows:

          a        To Upright Management as the primary Project Management Consultant.

          b        Where additional or specialised services or skills are required, to Western Project Services or Public Works Advisory.

2        That approval to apply the seal to documentation as required to engage services for project management as described in the report be given.

 

 

Division of Voting

Voted For

Cr J McRae (Deputy Mayor), Cr J Hamling, Cr T Mileto, Cr S Nugent, Cr M Previtera, Cr S Romano, Cr G Taylor, Cr R Turner, Cr J Whitton

Voted Against

Cr R Kidd (Mayor), Cr K Duffy, Cr S Munro

Absent

Nil

 

The Meeting Closed at 9.10PM

 

This is Page Number 12 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 21 November 2017.