MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 17 April 2018
COMMENCING AT 7.00pm
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 (7.06pm), Cr R Turner, Cr J Whitton
General Manager, Acting Director Corporate and Commercial Services, Acting Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Administration and Governance, Governance Coordinator, Manager Waste Services and Technical Support
1.1 APOLOGIES
Nil
The Mayor advised that the meeting was being livestreamed and recorded.
1.3 OPENING PRAYER
ANDREW CUNNINGHAM OF THE UNITING CHURCH LED THE COUNCIL IN PRAYER
1.4 ACKNOWLEDGEMENT OF COUNTRY
1.5 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Cr R Turner declared a less than significant non-pecuniary interest in item 5.8 (Request for Financial Assistance) as Patron of the Orange Show Society.
Cr T Mileto declared a significant non-pecuniary interest in item 5.9 (Stronger Country Communities Round 2 – item relating to Orange and District Football Association) as he is the President of the Orange and District Football Association.
Cr M Previtera declared a significant non-pecuniary interest in item 6.2 (Tenders for Forest Road Upgrade Street Lighting) as an employee of Essential Energy and has a business relationship with one of the contractors.
Cr S Munro declared a potential pecuniary interest in
Item 6.4 (China’s National Sword Policy and Impact on the Domestic Waste
and Recycling Contract with JR Richards & Sons) as he is in discussions
about an opportunity to export product overseas.
** Cr Taylor arrived at the meeting with the time being 7.06pm **
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TRIM Reference: 2018/764 |
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RESOLVED - 18/156 Cr S Nugent/Cr R Turner That the information contained in this Mayoral Minute be acknowledged.
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QUESTIONS TAKEN ON NOTICE
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Cr Duffy requested information on LED street lighting, as well as current street lighting costs, be circulated to Councillors. |
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Cr Nugent requested information on why the anticipated profit for CENTROC as at 30 June 2018 is so much more than budgeted. |
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Cr Nugent requested a copy of the Operational Report identified in item 7.G of the minutes of the CENTROC meeting. |
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.10PM
OPEN FORUM
Item 5.9 – Stronger Country Communities Round 2
Mr Peter Eslick
Mr Eslick sought Council’s support for the submission from Orange Hockey Association for the resurfacing of fields.
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.14PM
3 Confirmation of Minutes of Previous Meeting
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RESOLVED - 18/157 Cr J Hamling/Cr S Munro That the Minutes of the Extraordinary Meeting of Orange City Council held on 27 March 2018 (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 27 March 2018. |
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RESOLVED - 18/158 Cr S Munro/Cr S Nugent That the Minutes of the Ordinary Meeting of Orange City Council held on 3 April 2018 (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 3 April 2018. |
4 Notices of Motion/Notices of Rescission
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TRIM Reference: 2018/916 |
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RESOLVED - 18/159 Cr J Whitton/Cr G Taylor That Council consider in the next Delivery/Operational Plan a donation to the Orange and District Historical Society for the purchase of a device to digitise their photographic negatives.
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TRIM Reference: 2018/923 |
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RESOLVED - 18/160 Cr J Hamling/Cr S Munro 1 That the resolutions made by the Planning and Development Committee at its meeting held on 3 April 2018 be noted. 2 That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 3 April 2018 be noted. 3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 3 April 2018 be noted. 4 That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 3 April 2018 be noted. 5 That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 3 April 2018 be noted. 6 That the resolutions made by the Finance Policy Committee at its meeting held on 3 April 2018 be noted. 7 That the resolutions made by the Services Policy Committee at its meeting held on 3 April 2018 be noted.
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TRIM Reference: 2018/924 |
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RESOLVED - 18/161 Cr J Whitton/Cr S Nugent 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: 2017/2650 |
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RESOLVED - 18/162 Cr J Hamling/Cr G Taylor That the report on outstanding Council resolutions be acknowledged.
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TRIM Reference: 2018/778 |
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RESOLVED - 18/163 Cr S Nugent/Cr T Mileto That the information provided in the report by the Manager Administration and Governance on Progress Report – Councillor Notices of Motion – April 2018 be acknowledged.
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TRIM Reference: 2018/908 |
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RESOLVED - 18/164 Cr J Whitton/Cr S Munro 1 That Council receives the Statement of Investments as at 31 March 2018. 2 That Council receives and adopts the certification of the Responsible Accounting Officer.
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TRIM Reference: 2018/771 |
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RESOLVED - 18/165 Cr S Nugent/Cr M Previtera 1 That the Strategic Policy ST050 Code of Meeting Practice be adopted. 2 That Council place the following draft Strategic Policies on public exhibition for a minimum of 28 days: a ST042 - Investment of Council Funds b ST032 - Gallery - Collection c ST036 - Gallery - Exhibitions d ST037 - Gallery - Public Art e ST038 - Gallery - Usage for Commercial Project Ventures f ST056 - Enterprise Risk Management g ST093 - Purchasing h ST095 - Debt Recovery i ST107 - Outdoor Dining Areas
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TRIM Reference: 2018/479 |
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RESOLVED - 18/166 Cr K Duffy/Cr J Hamling That the report on Code of Conduct Complaint Reporting be acknowledged.
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Cr Duffy requested information on the responsibility for legal costs if a complaint is referred to a Tribunal or Court. |
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Cr Mileto requested information on whether any Councillor has drawn on Council’s Insurance Policy or Policy for Payment of Expenses in relation to legal costs in recent years. |
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TRIM Reference: 2018/921 |
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Cr R Turner declared a less than significant non-pecuniary interest in this item as Patron of the Orange Show Society, left the Chamber and took no part in the debate or voting on this matter. |
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RESOLVED - 18/167 Cr K Duffy/Cr S Nugent That a donation of $3,000.00 (ex GST) be made from the Donations - Emergent Funding budget to the Orange Show Society for costs associated with the hire of portable toilets at the Naylor Pavilion at the Orange Showground during the Orange Show 28-29 April 2018.
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TRIM Reference: 2018/913 |
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Cr T Mileto declared a significant non-pecuniary interest in this item (item relating to Orange and District Football Association) as he is the President of the Orange and District Football Association, left the Chamber and took no part in the debate or voting on this matter. |
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RESOLVED - 18/168 Cr R Kidd/Cr J McRae That Council submit all projects to the Stronger Country Communities Fund Round 2.
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RESOLVED - 18/169 Cr R Kidd/Cr G Taylor That Council submit projects to the Stronger Country Communituies Fund Round 2 in the order determined by the community, being: 1 Domestic Violence Crisis Centre for women and children 2 Jack Brabham Sportsground: New amenities facilities (Stage 1) 3 Jack Brabham Park: New sportsfield lighting 4 Orange Hockey Centre: Re-surface hockey field 5 Gosling Creek: Track upgrade and storage facilities 6 Orange Aquatic Centre: New solar blanket and disability lift equipment 7 Orange Showground: New toilet facilities – Naylor Pavilion 8 Wade Park lighting 9 Orange Presbyterian Church: Child-safe play area and car parking 10 Endeavour Oval: New change-rooms and gym
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TRIM Reference: 2018/740 |
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MOTION Cr J Hamling/Cr S Munro That the Wade Park works report be acknowledged. |
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AMENDMENT Cr K Duffy/Cr S Munro That Councillors meet with delegates of the Orange District Cricket Association and Cricket NSW as soon as possible to progress the training turf wickets. |
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THE AMENDMENT ON BEING PUT TO THE MEETING WAS LOST THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED |
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RESOLVED - 18/170 Cr J Hamling/Cr S Munro That the Wade Park works report be acknowledged.
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** Cr Duffy requested his name be recorded as having voted against this decision of the Council.
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TRIM Reference: 2018/720 |
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RESOLVED - 18/171 Cr S Munro/Cr S Nugent 1 That Council acknowledge the reports presented to the Spring Hill Community Committee at its meeting of 15 March 2018. 2 That the minutes of the meeting of the Spring Hill Community Committee held on 15 March 2018 be adopted.
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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.
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RESOLVED - 18/172 Cr S Nugent/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 My Market Menu 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 Forest Road Upgrade Street Lighting 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 Purchase Hangar at Orange Airport 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 China's National Sword Policy and Impact on the Domestic Waste and Recycling Contract with JR Richards & Sons 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 Tender - Provision of Insurance Brokerage Services and Placement of Insurance 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 8.13pm.
The Mayor declared the Ordinary Meeting of Council resumed at 8.57pm.
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: 2018/772 |
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RESOLVED - 18/173 Cr S Nugent/Cr S Munro That Council allocate $20,000 in its 2018/2019 Delivery/Operational Plan to secure the My Market Menu event in Orange.
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TRIM Reference: 2018/707 |
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Cr M Previtera declared a pecuniary interest in this item as an employee of Essential Energy and has a business relationship with contractor, left the Chamber and took no part in the debate or voting on this matter. |
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RESOLVED - 18/174 Cr K Duffy/Cr T Mileto 1 That Council awards the contract for the installation of street lighting for the Forest Road upgrade to NJ Construction Pty Ltd for the amount of $204,050 GST inclusive. 2 That permission be granted to affix the Council Seal to all relevant documents if required.
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Division of Voting |
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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 S Romano, Cr G Taylor, Cr R Turner, Cr J Whitton |
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Voted Against |
Nil |
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Absent |
Cr M Previtera |
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TRIM Reference: 2018/911 |
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RESOLVED - 18/175 Cr K Duffy/Cr S Nugent 1 That Council proceeds to purchase the western section of Hangar F at Orange Airport for the amount of $15,000 plus GST if applicable. 2 That Council enters into a five year lease of the western section of Hangar Site F. 3 That permission be granted to use the Council Seal on all necessary documentation, if required.
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6.4 China's National Sword Policy and Impact on the Domestic Waste and Recycling Contract with JR Richards & Sons TRIM Reference: 2018/920 Cr S Munro declared a potential pecuniary interest in this item as he is in discussions about an opportunity to export product overseas, left the Chamber and did not participate in the debate or voting on this item. |
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RESOLVED - 18/176 Cr G Taylor/Cr J Whitton That Council delegate the General Manager and Mayor to approve by application of the Council Seal to vary the existing domestic waste and recycling contract between Orange City Council and JR & EG Richards Pty Ltd to pay for increased recycling processing costs by Visy Recycling up to $60.00 (plus GST) per tonne.
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Council requested a report be provided that identifies and analyses options for dealing with recycling. |
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TRIM Reference: 2018/935 |
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RESOLVED - 18/177 Cr J Whitton/Cr R Turner 1 That the tender for Provision of Insurance Brokerage Services and Placement of Insurances be awarded to, and Orange City Council join, Civic Risk Mutual. 2 That permission be granted for the use of the Council Seal on any necessary documentation if required.
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Division of Voting |
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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 S Romano, Cr G Taylor, Cr R Turner, Cr J Whitton |
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Voted Against |
Nil |
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Absent |
Cr M Previtera |
QUESTION TAKEN ON NOTICE
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Council requested an update report on Kurim Shops and the Windred Street property, to include an outline of Council’s costs incurred to date on these matters. |
MATTER ARISING
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RESOLVED - 18/178 Cr R Kidd/Cr S Munro That letters of congratulations be forwarded to local athletes Edwina Bone, Kurt Fearnley and Ben Emms on their efforts in the Commonwealth Games, and David Hayward for his efforts in the recent National Deaf Championships.
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The Meeting Closed at 9.00PM
This is Page Number 11 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 17 April 2018.