MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 3 December 2019
COMMENCING AT 7.00pm
Attendance
Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor)(left meeting at 8.24pm and did not return), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor (7.09pm), Cr R Turner
Chief Executive Officer, Acting Director Corporate and Commercial Services, Acting Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Corporate and Community Relations, Administration Assistant (Cubbin), Manager Financial Services, Operations Manager
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RESOLVED - 19/583 Cr S Munro/Cr J Hamling That the apologies be accepted from Cr J Whitton for the Council Meeting of Orange City Council on 3 December 2019. |
For: Unanimous
Against: Nil
Absent: Cr Whitton
1.2 LIVESTREAMING AND RECORDING
The Mayor advised that the meeting was being livestreamed and recorded.
1.4 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Cr S Munro declared a less than significant non-pecuniary interest in item 2.4 of the Planning and Development Committee (Orange LEP 2011 – Amendment 13 – Rosedale Gardens – Post Exhibition Report as he has had previous business related dealings with the applicant.
Nil
PRESENTATION MADE BY MR GEAROID FITZGERALD, NSW AUDIT OFFICE, ON ANNUAL FINANCIAL STATEMENTS
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.25PM
OPEN FORUM
CCL – Item 4.3 Notice of Motion – Dams for Water Storage
Mr Cyril Smith
Mr Smith spoke on water storage and dams the Ophir Car Park free period.
PDC – Item 2.3 - DA 308/2019(1) - 185-191 Byng Street
Mr Andrew Saunders
Mr Saunders spoke in favour of the development.
Ms Samantha McPaul
Ms McPaul spoke in favour of the development as the applicant.
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.30PM
3 Confirmation of Minutes of Previous Meeting
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RESOLVED - 19/584 Cr J Hamling/Cr S Munro That the Minutes of the Ordinary Meeting of Orange City Council held on 19 November 2019 (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 19 November 2019. |
For: Unanimous
Against: Nil
Absent: Cr Whitton
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.31PM
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.45PM
4 Notices of Motion/Notices of Rescission
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TRIM Reference: 2019/2595 |
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RESOLVED - 19/607 Cr K Duffy/Cr J Hamling That Council make Stage 5 the next stage of the Southern Feeder Road, being the section from Escort Way to Cargo Road, and that it be inclusive of a roundabout on Escort Way and options for Cargo Road junction with the possibility of traffic lights.
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For: Cr Duffy, Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner
Against: Nil
Absent: Cr Whitton, Cr Romano
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TRIM Reference: 2019/2596 |
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RESOLVED - 19/608 Cr K Duffy/Cr J Hamling That Council form a Policy Review Committee to review Strategic Council Policies.
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For: Cr Duffy, Cr Kidd, Cr Munro, Cr Taylor, Cr Hamling, Cr Previtera
Against: Cr McRae, Cr Nugent, Cr Turner, Cr Mileto
Absent: Cr Whitton, Cr Romano
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TRIM Reference: 2019/2597 |
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RESOLVED - 19/609 Cr K Duffy/Cr S Munro That Council request the State and Federal Governments to build more dams to ensure long term residential growth and agricultural production in regional NSW.
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For: Cr Duffy, Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Previtera, Cr Taylor, Cr Turner
Against: Cr Nugent
Absent: Cr Whitton, Cr Romano
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TRIM Reference: 2019/2600 |
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MOTION Cr J McRae/Cr S Nugent That Council review the Community Committees of Orange City Council as to their effectiveness for public participation and community consultation.
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AMENDMENT Cr T Mileto/Cr G Taylor That a review of the Community Committees be deferred until the next Council is elected in September 2020.
For: Cr Taylor, Cr Duffy, Cr Mileto, Cr Munro, Cr Kidd, Cr Previtera Against: Cr Turner, Cr Hamling, Cr Nugent, Cr McRae Absent: Cr Whitton, Cr Romano |
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THE AMENDMENT ON BEING PUT TO THE MEETING WAS CARRIED AND BECAME THE MOTION THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED |
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RESOLVED - 19/610 Cr T Mileto/Cr G Taylor That the Notice of Motion to review the Community Committees be deferred until the next elected Council in September 2020.
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For: Cr Turner, Cr Mileto, Cr Munro, Cr Previtera, Cr Taylor, Cr Duffy, Cr Kidd
Against: Cr Nugent, Cr McRae, Cr Hamling,
Absent: Cr Whitton, Cr Romano
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TRIM Reference: 2019/2602 |
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RESOLVED - 19/611 Cr T Mileto/Cr S Munro That Council waive parking fees in the Ophir Car Park (corner of Lords Place and Kite Street) for the lead up to Christmas 2019 from December 5 2019 and throughout January 2020.
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Against: Nil
Absent: Cr Whitton, Cr Romano
5 General Reports
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5.1 Update on Outstanding Resolutions of Council including Questions Taken on Notice and Notices of Motions. TRIM Reference: 2019/2587 |
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RESOLVED - 19/612 Cr R Turner/Cr S Munro That the information provided in the report by the Manager Corporate Governance on Outstanding and Completed Notices of Motion, Questions of Notice and Matters arising be acknowledged.
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For: Cr Duffy, Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner
Against: Nil
Absent: Cr Whitton, Cr Romano
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TRIM Reference: 2019/2507 |
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RESOLVED - 19/613 Cr S Munro/Cr R Turner That Council resolves: 1 That the report regarding the Naylor Pavilion Amenities concept Plan be acknowledged. 2 Should the grant application be successful, Council’s contribution be included in the 2020-2021 delivery operational plan.
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For: Cr Duffy, Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner
Against: Nil
Absent: Cr Whitton, Cr Romano
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TRIM Reference: 2019/2558 |
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RESOLVED - 19/614 Cr S Munro/Cr M Previtera That Council enter a funding agreement with Roundhouse Entertainment for the Heifer Station A Day on the Green to support the event and site establishment as follows: · Year 1 - 2019/20 - $40,000 · Year 2 - 2020/21 - $10,000 · Year 3 - 2021/22 - $10,000
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For: Cr Duffy, Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner
Against: Nil
Absent: Cr Whitton, Cr Romano
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TRIM Reference: 2019/2588 |
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RESOLVED - 19/615 Cr S Nugent/Cr S Munro That Council resolves to provide $1,000 financial assistance to Jumbled (Creative Business Bootcamp) to be funded from Regional Enterprise Development – Skills and Training Project Budget.
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For: Cr Duffy, Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner
Against: Nil
Absent: Cr Whitton, Cr Romano
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TRIM Reference: 2019/2486 |
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RESOLVED - 19/616 Cr J Hamling/Cr J McRae That Council resolves to adopt Strategic Policy - ST007 - Asset Management.
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For: Cr Duffy, Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner
Against: Nil
Absent: Cr Whitton, Cr Romano
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TRIM Reference: 2019/2518 |
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RESOLVED - 19/617 Cr J McRae/Cr S Nugent That Council resolves to: 1 Place the following draft Strategic Policies on public exhibition for a minimum of 28 days: · ST093 - Purchasing Policy · ST109 - Buy Local Purchasing Policy
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For: Cr Duffy, Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner
Against: Nil
Absent: Cr Whitton, Cr Romano
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 Chief Executive Officer 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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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 Entering Into Contracts for Sewer Rehabilitation (Pipe Relining) 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. 6.2 Tender for Construction of Southern Feeder Road Stage 3 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 Tenders for construction of roundabout at Northern Distributor Road and William Maker Drive intersection 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 Tender For AHU 3 Replacement at Gallery 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. |
For: Cr Duffy, Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner
Against: Nil
Absent: Cr Whitton, Cr Romano
The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 10.09pm.
The Mayor declared the Ordinary Meeting of Council resumed at 10.18pm.
7 Resolutions from Closed Meeting
The Chief Executive Officer read out the following resolutions made in the Closed Meeting of Council.
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TRIM Reference: 2019/2395 |
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RESOLVED - 19/618 Cr R Turner/Cr S Munro That Council accepts and signs contracts with Interflow for sewer rehabilitation (pipe relining) services.
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For: Cr Duffy, Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner
Against: Nil
Absent: Cr Whitton, Cr Romano
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TRIM Reference: 2019/2493 |
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RESOLVED - 19/619 Cr J Hamling/Cr K Duffy 1 That Council declines to accept any tender for the Construction of the Southern Feeder Road Stage 3 – F2993, as a result of all tender submissions exceeding the available funds for this component of the project. 2 That Council not call fresh tenders as it may delay the project and impact upon the current funding milestones, possibly putting funding at risk. 3 That Council enters into negotiations with BOST Civil Pty Ltd, Hamcon Civil Pty Ltd (MAAS) and Haslin Constructions Pty Ltd with a view to revising the project scope and to identify possible innovative solutions and cost savings to deliver the Southern Feeder Road Stage 3. 4 That Council explores additional funding that may be able to address any shortfall in the construction of the Southern Feeder Road Stage 3.
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For: Cr Duffy, Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner
Against: Nil
Absent: Cr Whitton, Cr Romano
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6.3 Tenders for construction of roundabout at Northern Distributor Road and William Maker Drive intersection TRIM Reference: 2019/2534 |
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RESOLVED - 19/620 Cr S Munro/Cr T Mileto That Council resolves to: 1 Approve the Chief Executive Officer, or his nominee, to enter into a standard contract with Hamcon Civil Pty Ltd for the construction of a roundabout on Northern Distributor Road at the William Maker Drive intersection for the amount of $4,874,403.27 plus GST; 2 Grant permission to the Chief Executive Officer or nominee to do such things as may be necessary or convenient to give effect to this decision, including affixing the Council Seal to all relevant documents if required.
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For: Cr Duffy, Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner
Against: Nil
Absent: Cr Whitton, Cr Romano
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TRIM Reference: 2019/2633 |
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RESOLVED - 19/621 Cr S Nugent/Cr S Munro That Council resolves: 1 That the contract F3245 for the replacement of Air Handling Unit 3 be awarded to Johnson Controls for the amount of $210,550 + G.S.T. 2 That permission be granted for the use of the Council Seal on any relevant document if required.
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For: Cr Duffy, Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner
Against: Nil
Absent: Cr Whitton, Cr Romano
The Meeting Closed at 10.21PM
This is Page Number 9 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 3 December 2019.