MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 7 November 2018
COMMENCING AT 7.00pm
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
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.
1.4 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
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.
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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.
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TRIM Reference: 2018/2698 |
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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:
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.
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Division of Voting |
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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 |
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.
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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.
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Cr Turner requested a report on the Canobolas Scout Camp facility and how Council can upgrade the facility – CCTV cameras and inspections. |
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.
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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.
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.
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.
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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.
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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.