MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 5 June 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 Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner, Cr J Whitton
General Manager, Director Corporate and Commercial Services, Director Community, Recreation and Cultural Services, Director Technical Services, Governance Coordinator, Manager Corporate and Community Relations, Operations Manager, Works Manager, Manager Building and Environment, Manager Engineering Services, Water and Sewerage Strategic Manager, Management Accountant
1.1 APOLOGIES
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RESOLVED - 18/226 Cr J Hamling/Cr S Nugent That the apologies be accepted from Cr S Munro and Cr S Romano for the Council Meeting of Orange City Council on 5 June 2018. |
1.2 LIVESTREAMING AND RECORDING
The Mayor advised that the meeting was being livestreamed and recorded.
1.3 ACKNOWLEDGEMENT OF COUNTRY
1.4 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Cr R Kidd declared a less than significant non-pecuniary interest in Item 2.1 of the Planning and Development Committee (Items Approved under the Delegated Authority of Council – DA 380/2016) as he has a personal relationship with the Principal of the Tony Leahey Motor Group.
Cr McRae declared a less than significant, non-pecuniary interest in Item 2.1 of the Planning and Development Committee (Items Approved under the Delegated Authority of Council – DA 49/2018) as she has a relative who is an employee of Kinross Wolaroi School.
Cr J Whitton declared a less than significant non-pecuniary interest in item 2.4 of the Services Policy Committee (Minutes of the meeting of the Centenary of World War I – 15 May 2018) as he is a Board Member of OCTEC.
Cr R Kidd declared a less than significant non-pecuniary interest in item 2.4 of the Services Policy Committee (Minutes of the meeting of the Centenary of World War I – 15 May 2018) as he is a Board Member of OCTEC.
Cr S Nugent declared a less than significant non-pecuniary interest in item 2.4 of the Services Policy Committee (Minutes of the meeting of the Centenary of World War I – 15 May 2018) as he is a Board Member of OCTEC.
Cr M Previtera declared a less than significant non-pecuniary interest in item 6.5 (Tender for Traffic Management Services) due to a business relationship with the tenderer.
Nil
A PRESENTATION WAS MADE TO BAILEY DICKINSON-BUBB WHO WAS HIGHLY COMMENDED FOR THE YOUNG LEGENDS AWARD (AWARD ANNOUNCED AT TIDY TOWNS CONFERENCE)
A PRESENTATION WAS MADE BY THE ARCHERY CLUB ON EFFORTS IN FUNDRAISING.
A copy of the presentation was provided to Cr Hamling.
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.11PM
OPEN FORUM
IPC – 3.1 – Current Works (Fluoridation of Drinking Water)
Christine Brickwood
Ms Brickwood outlined her concerns regarding fluoridation of drinking water.
Springside School
Mr Peter Thomas
Mr Thomas requested Council consider assisting, by way of funds or services, to enable grant applications to be submitted for the Springside School House.
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.30PM
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Cr Duffy advised that in the 1980’s – 1990’s the Springside School House was under Council control and leased. What income was generated for this and what expenditure was incurred. |
3 Confirmation of Minutes of Previous Meeting
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RESOLVED - 18/227 Cr J Hamling/Cr S Nugent That the Minutes of the Ordinary Meeting of Orange City Council held on 15 May 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 15 May 2018. |
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.30PM
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.31PM
4 Notices of Motion/Notices of Rescission
Nil
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TRIM Reference: 2018/1169 |
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RESOLVED - 18/250 Cr J McRae/Cr S Nugent That the information provided in the report by the Manager Administration and Governance on Update on Resolutions of Council be acknowledged.
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Cr Duffy requested to be provided with the information regarding Swimming NSW he requested 15 May 2018 before this weeks’ meeting. |
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TRIM Reference: 2018/1170 |
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RESOLVED - 18/251 Cr S Nugent/Cr J McRae 1 That Council receives the Statement of Investments as at 30 April 2018. 2 That Council receives and adopts the certification of the Responsible Accounting Officer.
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TRIM Reference: 2018/1315 |
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RESOLVED - 18/252 Cr J McRae/Cr S Nugent 1 That the information provided in the report on the quarterly budget and performance indicators review for January to March 2018 be acknowledged. 2 That Council note the bank reconciliation statement. 3 That the variations arising from the March 2018 quarterly review amounting to an increase of $209,225 in the consolidated surplus be adopted.
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TRIM Reference: 2018/909 |
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RESOLVED - 18/253 Cr S Nugent/Cr J Hamling That Council approve the establishment of a NRMA supercharger in Byng Street adjacent to the Visitor Information Centre.
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TRIM Reference: 2018/1147 |
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RESOLVED - 18/254 Cr K Duffy/Cr S Nugent 1 That Council place the following draft Strategic Policies on public exhibition for a minimum of 28 days: · ST049 – Council Communications · ST088 – Fraud and Corruption Prevention Policy and Plan · ST101 – Ageing and Disability Services · ST102 – Disability Services – Support Provision · ST125 – Working on Council’s Water and Sewer Infrastructure
2 That Council adopt the following policies: · ST046 – Liquid Trade Waste · ST002 – Central West Libraries · ST059 – Public Interest Disclosures · ST011 – Community Engagement · ST083 – Access to Information held by Council · ST029 – Donations and Grants · ST106 – Priority Weeds
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TRIM Reference: 2018/1260 |
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RESOLVED - 18/255 Cr J Hamling/Cr J McRae 1 That Council enter into a five year lease (with one five-year option) with the Office of Environment and Heritage for part of Jaeger Reserve on the terms as referred to in this report. 2 That in lieu of rental payable to Council, the Office of Environment and Heritage make an annual donation to the Orange Croquet Club Limited of $2,000 per annum (ex GST) over the term of the Lease and any option period. 3 That permission be granted for the use of the Council Seal on any relevant document if required.
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TRIM Reference: 2018/1280 |
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RESOLVED - 18/256 Cr R Turner/Cr K Duffy 1 That Council proceeds with negotiations for the acquisition of land described in Schedule A under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991. 2 That upon acquisition, Council classify this land as Operational Land in accordance with the Local Government Act, and dedicates the road as road reserve.
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TRIM Reference: 2018/1311 |
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RESOLVED - 18/257 Cr G Taylor/Cr S Nugent That Council call expressions of interest for the development of a tourist park on the gateway site.
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TRIM Reference: 2018/1320 |
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RESOLVED - 18/258 Cr S Nugent/Cr J Hamling That the report on Council pound services be acknowledged.
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TRIM Reference: 2018/1335 |
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RESOLVED - 18/259 Cr T Mileto/Cr G Taylor That a more detailed report be provided to Councillors that includes compliance with the Local Government Act in relation to payment of legal expenses of Councillors.
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Cr Taylor requested a report detailing the exact costings of the Councillor Legal Briefing. |
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TRIM Reference: 2018/1352 |
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RESOLVED - 18/260 Cr G Taylor/Cr J Hamling That Council determine one Councillor representative and an alternate Councillor representative for nomination to the Board of CivicRisk West and CivicRisk Mutual, for the current term of Council.
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RESOLVED - 18/261 Cr G Taylor/Cr J Hamling That Cr Jeff Whitton be Council’s nominated Councillor representative on the Board of CivicRisk West and CivicRisk Mutual for the current term of Council. |
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RESOLVED - 18/262 Cr S Nugent/Cr G Taylor That Cr Joanne McRae be an alternate Councillor representative on the Board of CivicRisk West and CivicRisk Mutual for the current term of Council. |
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Cr Taylor requested all Councillors be provided with all relevant documentation regarding the Orange number plates. |
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 - 18/263 Cr S Nugent/Cr T Mileto 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 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. 6.2 Request to write off bad debt - Debtors Account 3207.52 - Deceased Estate 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 (b) the personal hardship of any resident or ratepayer. 6.3 Request to write off bad debt - Avdata Airport Account - Air Freight Solutions 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 (b) the personal hardship of any resident or ratepayer. 6.4 Tender - Provision of Security 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. 6.5 Tenders for Traffic 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. 6.6 Tender - Maintenance of Fire Protection Systems and Equipment 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. |
The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 9.11pm.
The Mayor declared the Ordinary Meeting of Council resumed at 9.25pm.
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: 2018/1314 |
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Cr M Previtera declared a less than significant non-pecuniary interest in this item due to a business relationship with the tenderer, left the Chamber, and did not participate in the voting or debate on this item. |
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RESOLVED - 18/264 Cr J Hamling/Cr S Nugent 1 That Council awards the contract for traffic management services to Midwest Traffic Management (Orange) Pty Ltd. 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 Nugent, Cr G Taylor, Cr R Turner, Cr J Whitton |
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Voted Against |
Nil |
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Absent |
Cr S Munro, Cr M Previtera, Cr S Romano |
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6.1 EOI - Loan borrowings TRIM Reference: 2018/714 |
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RESOLVED - 18/265 Cr S Nugent/Cr J McRae 1 That the loan funds be drawn from T-Corp (NSW Treasury Corporation) repaid in quarterly instalments over 10 years. 2 That should T-Corp (NSW Treasury Corporation) be unable to furnish our request, the loan funds are drawn from the Commonwealth Bank of Australia to be repaid over five years, with interest and principal calculated over 10 years with a renegotiation/refinancing of the residual amount after the initial five years. 3 That the General Manager be authorised to execute relevant documents. 4 That approval be granted for use of the Council Seal on all relevant documents if required. 5 That necessary advice be supplied to the NSW Government on Council’s borrowings.
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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 Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner, Cr J Whitton |
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Voted Against |
Nil |
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Absent |
Cr S Munro, Cr S Romano |
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TRIM Reference: 2018/1085 |
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RESOLVED - 18/266 Cr K Duffy/Cr M Previtera That Council adopt the bad debt write off for Debtor Account 3207.52 in the sum of $5,063.36.
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TRIM Reference: 2018/1271 |
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RESOLVED - 18/267 Cr J Hamling/Cr S Nugent That Council write off the bad debt of Avdata Airport Account – Air Freight Solutions, to the sum of $13,178.56.
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TRIM Reference: 2018/1042 |
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RESOLVED - 18/268 Cr R Turner/Cr K Duffy 1 That Council awards the contract for the provision of security services for Orange City Council to Alarm Australia. 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 Nugent, Cr G Taylor, Cr R Turner, Cr J Whitton, Cr M Previtera |
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Voted Against |
Nil |
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Absent |
Cr S Munro, Cr S Romano |
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TRIM Reference: 2018/1259 |
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RESOLVED - 18/269 Cr R Turner/Cr J Hamling 1 That the contract F2733 for the provision of the maintenance of fire protection systems and equipment to Allstaff Airconditioning ACT Pty Ltd (trading as BSA Maintain) for the amount of $40,344.00 for annual inspections and a maintenance technician rate of $85per hour with a $150 per callout for a three year period with an option for a further period of two years, subject to satisfactory performance. 2 That permission be granted for the use of the Council Seal on any relevant document 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 Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner, Cr J Whitton |
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Voted Against |
Nil |
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Absent |
Cr S Munro, Cr S Romano |
The Meeting Closed at 9.28PM
This is Page Number 10 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 5 June 2018.