ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 7 November 2018

COMMENCING AT 7.00pm


 1      Introduction

Attendance

Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro (7.40pm), Cr S Nugent, Cr M Previtera, Cr G Taylor (7.03pm), Cr R Turner, Cr J Whitton

General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Manager Corporate Governance, Manager Corporate and Community Relations, Works Manager, Manager Financial Services, Administration Trainee

 

1.1     APOLOGIES

 

RESOLVED - 18/488                                                                              Cr K Duffy/Cr J McRae

That the apologies be accepted for lateness from Cr Taylor and Cr Munro for the Council Meeting of Orange City Council on 7 November 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 J McRae declared a less than significant non-pecuniary interest in Item 4.1 (Notice of Motion – Storage Needs of Service Clubs) as Cr McRae is a member of Rotary Club of Orange Daybreak.

Cr R Kidd declared a less than significant non-pecuniary interest in Item 2.4 of the Planning and Development Committee (DA 335/2018(1) – 185-193 Bathurst Road) as Cr Kidd is a friend of the applicant).

 


 

2       Mayoral Minutes

Nil  

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.03PM

 

OPEN FORUM  

Mark Pearson, MLC – Animal Justice Party NSW

Mr Pearson spoke on the objection of the Animal Justice Party on the use of exotic animals in circus’ on Council land.

PDC - Item 2.2 – DA 405/2017(2) – 241 Ploughmans Lane

Mr Steve Adams

Mr Adams spoke in support of the Council Administration recommendation to vary the hours of operation.

Mr Kenan Milham

Mr Milham spoke in support of the Council Administration recommendation to vary the hours of operation.

Ms Alison Nelson

Ms Nelson spoke in support of the Council Administration recommendation to vary the hours of operation.

Ms Michelle Blowes

Ms Blowes spoke in support of the Council Administration recommendation to vary the hours of operation.

Mr Paul Owens

Mr Owens spoke in support of the Council Administration recommendation to vary the hours of operation.

PDC - Item 2.3 – DA 33/2018(1) – 4613 Mitchell Highway, Lucknow

Mr Peter Campbell

Mr Campbell spoke on his objection to the development application.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.34PM


 

3       Confirmation of Minutes of Previous Meeting

RESOLVED - 18/489                                                                        Cr J Hamling/Cr S Nugent

That the Minutes of the Ordinary Meeting of Orange City Council held on 16 October 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 16 October 2018.

 

RESOLVED - 18/490                                                                    Cr S Nugent/Cr M Previtera

That the Minutes of the Extraordinary Meeting of Orange City Council held on 17 October 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 17 October 2018.

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.35PM

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 9.25PM

4       Notices of Motion/Notices of Rescission

4.1     Notice of Motion - Storage Needs of Service Clubs

TRIM Reference:        2018/2668

Cr J McRae declared a less than significant non-pecuniary interest in this item as Cr McRae is a member of Rotary Club of Orange Daybreak.

RESOLVED - 18/511                                                                         Cr G Taylor/Cr J Whitton

1        That Council investigate the storage needs of the Service Clubs within Orange and Council’s ability to help.

2        That if, as a result of Council’s investigation, Council is in a position to assist, funds be made available in the Budget for the 2019/20 financial year.

 

 

4.2     Notice of Motion - Temporary Parking Permits for Organisations Doing Fundraising

TRIM Reference:        2018/2689

RESOLVED - 18/512                                                                         Cr G Taylor/Cr J Whitton

That Council resolves to make available extended parking permits to organisations that apply for a waiver of parking restrictions during nominated special events.

 

 

 

4.3     Rescission Motion - Development Application DA 362/2017(1) - Wade Park

TRIM Reference:        2018/2698

RESOLVED - 18/513                                                                         Cr J Hamling/Cr R Turner

1        That Council rescind the decision of the Planning and Development Committee held       on 2 October 2018:

2.3     Development Application DA 362/2017(1) - Lot 701 Lords Place (Wade Park)

TRIM Reference:          2017/2520

RESOLVED - 18/438                                                                                   Cr K Duffy/Cr R Kidd

That Council consents to development application DA 362/2017(1) for Recreation Facility (indoor) in Association with the Existing Recreation Facility (major) and Demolition at Lot 701 DP 1001618 – Wade Park, Lords Place, Orange pursuant to an adjustment to the attached conditions of consent, dictating the facility be moved 3-4 meters further west.

and replace it with the following recommendation:

That Council resolves:

1        To issue a consent to development application DA 362/2017(1) for Recreation Facility (indoor) in Association with the Existing Recreation Facility (major) and Demolition at Lot 701 DP 1001618 – Wade Park, Lords Place, Orange pursuant to the conditions of consent in the attached Notice of Approval.

2        That Council conduct a review of the existing Western Grandstand at Wade Park   and report to Council on options and costing for refurbishment and renewal to         current standards.

 

 

Division of Voting

Voted For

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

Voted Against

Cr K Duffy

Absent

Nil

 


 

5       General Reports

5.1     Statement of Investments - September 2018

TRIM Reference:        2018/2505

RESOLVED - 18/514                                                                         Cr J Whitton/Cr S Munro

That Council resolves:

1        To note the Statement of Investments as at 30 September 2018.

2        To adopt the certification of the Responsible Accounting Officer.

 

 

5.2     Quarterly Budget Review and Performance Indicators

TRIM Reference:        2018/2631

RESOLVED - 18/515                                                                         Cr J Whitton/Cr R Turner

That Council resolves:

1        That the information provided in the report on the quarterly budget and performance indicators review for July to September 2018 be acknowledged.

2        The bank reconciliation statement be acknowledged.

3        To adopt the variations arising from the September 2018 quarterly review amounting to a decrease of $84,789 in the consolidated surplus.

 

 

QUESTION TAKEN ON NOTICE

Cr Turner requested a report on the Canobolas Scout Camp facility and how Council can upgrade the facility – CCTV cameras and inspections.

 

 

5.3     Appointment of Native Title Managers

TRIM Reference:        2018/2695

RESOLVED - 18/516                                                                       Cr J Whitton/Cr J Hamling

That Council resolves:

1        To nominate the Manager City Presentation, Manager Corporate Governance and Legal and Property Officers as its Native Title Managers;

2        To give notice to the Minister for Lands and Forestry of contact details of Council’s Native Title Managers as required under Section 8.8 of the Crown Land Management Act 2016.

 

 


 

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.

Recommendation

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     General Manager's Performance Appraisal (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 (a) personnel matters concerning particular individuals (other than councillors)..

6.2     Invitation to participate in group legal proceedings (Strictly Confidential and Privileged)

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 and (g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

     

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 9.50pm.

The Mayor declared the Ordinary Meeting of Council resumed at 9.58pm.


 

 

7       Resolutions from Closed Meeting

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

6.1     General Manager's Performance Appraisal (Restricted)

TRIM Reference:        2018/2641

RESOLVED - 18/517                                                                        Cr S Nugent/Cr J Whitton

That the completion of the General Manager’s performance appraisal be noted.

 

 

6.2     Invitation to participate in group legal proceedings (Strictly Confidential and Privileged)

TRIM Reference:        2018/2726

RESOLVED - 18/518                                                                            Cr S Nugent/Cr K Duffy

That Council resolves:

1        To delegate to the General Manager the authority to participate in the JLT Class Action, to assess the benefits and costs of ongoing participation, to determine the Council’s further participation, and to take all necessary and convenient steps to represent and protect Council’s interests in the class action.

2        To receive progress reports at key milestones.

 

 

 

The Meeting Closed at 10.00pm

 

This is Page Number 7 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 7 November 2018.