018/1041


ORANGE CITY COUNCIL

 

MINUTES OF THE

Ordinary Council Meeting

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

ON 20 November 2018

COMMENCING AT 7.00pm


 1      Introduction

Attendance

Cr R Kidd (Mayor), Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Nugent, Cr M Previtera, Cr R Turner

Acting General Manager, Director Development Services, Director Community, Recreation and Cultural Services,  Manager Corporate Governance, Manager Corporate and Community Relations, Administration Trainee

 

1.1     APOLOGIES

 

RESOLVED - 18/519                                                                          Cr S Nugent/Cr J Hamling

That the apologies be accepted from Cr S Romano (Deputy Mayor), Cr K Duffy, Cr S Munro, Cr G Taylor and Cr J Whitton for the Council Meeting of Orange City Council on 20 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 5.4 (DA 318/2018(1) – Proposed Department of Industry Building – 84 Dalton Street) as she owns property nearby.

 

2       Mayoral Minutes

Nil  

 

3       Confirmation of Minutes of Previous Meeting

RESOLVED - 18/520                                                                            Cr S Nugent/Cr T Mileto

That the Minutes of the Ordinary Meeting of Orange City Council held on 7 November 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 7 November 2018 with the amendment to the Council Minutes to note that Cr M Previtera was in attendance and The Hon Mark Pearson is a Member of the NSW Legislative Council (speaker in Open Forum).

 

4       Notices of Motion/Notices of Rescission

Nil


 

5       General Reports

5.1     Recommendations and Resolutions from Policy Committees

TRIM Reference:        2018/2762

RESOLVED - 18/521                                                                     Cr J Hamling/Cr M Previtera

That Council resolves to adopt the following resolutions of Policy Committees from the meetings of 7 November 2018:

1        PLANNING AND DEVELOPMENT COMMITTEE

          1        Council resolves to approve the minutes Planning and Development Committee held on 7 November 2018.

          2        Council resolves to approve the following recommendations of the Planning and Development Committee meeting held on 7 November 2018:

2.2    Development Application DA 405/2017(2) - 241 Ploughmans Lane

         That Council resolves to issue modified development consent DA 405/2017(1) for Place of Public Worship and Business Identification Sign at Lot 9 DP 746439 - 241 Ploughmans Lane, Orange pursuant to the conditions of consent in the attached modified Notice of Approval.

2.3    Development Application DA 33/2018(1) - 4613 Mitchell Highway, Lucknow

That Council resolves to defer development application DA 33/2018(1) - 4613 Mitchell Highway, Lucknow, until after a site inspection has taken place.

2.4    Development Application DA 335/2018(1) - 185-193 Bathurst Road

That Council resolves to issue consent to development application DA 335/2018(1) for Demolition (existing building and ancillary structures) at Lot 102 DP 842161 - 185-193 Bathurst Road, Orange pursuant to the conditions of consent in the attached Notice of Approval.

2        EMPLOYMENT AND ECONOMIC DEVELOPMENT POLICY COMMITTEE

          1        Council resolves to approve the minutes Employment and Economic Development Policy Committee held on 7 November 2018.

          2        Council resolves to approve the following recommendations of the Employment and Economic Development Policy Committee meeting held on 7 November 2018:

                   2.1    Minutes of the Economic Development Community Committee Meeting held 19 September 2018

That the minutes of the Economic Development Community Committee meeting held on 19 September 2018 be adopted.

3        INFRASTRUCTURE POLICY COMMITTEE

1        Council resolves to approve the minutes Infrastructure Policy Committee held      on 7 November 2018.

2        Council resolves to approve the following recommendations of the Infrastructure Policy Committee meeting held on 7 November 2018:

2.1    Minutes of the Floodplain Risk Management Community Committee meeting - 8 October 2018

That the minutes of the Floodplain Risk Management Community Committee meeting of 8 October 2018 be adopted.

2.2    Minutes of the City of Orange Traffic Committee meeting - 9 October 2018 (electronic)

That Council resolves:

1        Item 2.1 – Street Event – New Year’s Eve Part Under The Stars - of the Extraordinary City of Orange Traffic Committee Meeting of 9 October 2018;

          “That Conditional Approval for the 2018 New Year’s Eve Party Under The Stars be endorsed subject to compliance with the attached conditions.”

2        That the remainder of the Minutes of the Extraordinary City of Orange Traffic Committee of 9 October 2018 be adopted.

4        SPORT AND RECREATIONAL POLICY COMMITTEE

          1        Council resolves to approve the minutes Sport and Recreational Policy Committee held on 7 November 2018.

          2        Council resolves to approve the following recommendations of the Sport and Recreation Policy Committee meeting held on 7 November 2018:

2.1    Minutes of the Orange Showground Community Committee Meeting held on 18 September 2018

That Council resolves:  

1        To acknowledge the reports presented to the Orange Showground Community Committee at its meeting held on 18 September 2018.

2        To adopt recommendations 3.4 and 3.5 from the minutes of the Orange Showground Community Committee meeting of 18 September 2018:

3.4     That the Orange Showground Community Committee meetings be held quarterly and on the 3rd Tuesday of the month.

3.5     (a)   That the discussion regarding the Naylor Pavilion Amenities concept Plan be acknowledged.

(b)   That the design of the amenities and cafeteria for the Naylor Pavilion be progressed.

3        That the remainder of the minutes of the Orange Showground Community Committee at its meeting held on 18 September 2018 be adopted.

2.2    Minutes of the Australia Day Community Committee Meeting - 3 October 2018

Council resolves to adopt the minutes of the Australia Day Community Committee meeting held on 3 October 2018.

3.1    Olympic Archery Requirements

1        That Council resolve to acknowledge the report on Olympic Archery requirements.

2        That Council consider funding of Option 2 in the next quarterly review.

QUESTION TAKEN ON NOTICE

That Council allocate up to $15,000 for more security at the Hockey Centre.

5        ENVIRONMENTAL SUSTAINABILITY POLICY COMMITTEE

          1        Council resolves to approve the minutes of the Environmental Sustainability Committee held on 7 November 2018.

          2        Council resolves to approve the following recommendations of the Environmental Sustainability Committee meeting held on 7 November 2018:

                   2.1    Minutes of the Environmental Sustainability Community Committee - 19 October 2018

                             That Council resolves:

1       To acknowledge the reports presented to the Environmental Sustainability Community Committee at its meeting held on 19 October 2018.

2       To adopt the recommendations 2, 3.3, 3.5 (two recommendations) and 4.1 from the minutes of the Environmental Sustainability Community Committee meeting of 19 October 2018 being:

         2       That the Minutes of the Meeting of the Environmental Sustainability Community Committee held on 3 August 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 Environmental Sustainability Community Committee meeting held on 3 August 2018.

                                      3.3    That Council develop an energy reduction target for its own facilities

                                      3.5    (i)      That the Committee acknowledges the current activities of staff, but recommends Council  seek additional resources to focus on biodiversity, including data collection and mapping.

                  (ii)     That Council acknowledges the passing and achievements of Ian Kiernan, the founder of the Clean Up Australia organisation, conservationist and environmental campaigner, who passed away on 16 October 2018.

                            4.1    That the Environmental Sustainability Community Committee review and update the Committee Action Plan before the next meeting.

                            3        That the remainder of the minutes of the Environmental Sustainability Community Committee at its meeting held on 19 October 2018 be adopted.

6        FINANCE POLICY COMMITTEE

          1        Council resolves to approve the minutes of the Finance Policy Committee held on 7 November 2018.

          2        Council resolves to approve the following recommendations of the Finance Policy Committee meeting held on 7 November 2018:

2.1    Requests for Financial Assistance

The Council resolves:

1       That the request for financial assistance from Orange Waratah Sports Club be declined.

2       That a donation of $1,000.00 ($750.00 from General Donations and $250.00 from Emergent Funding) be made to Desi Aussies of Orange for UTSAV 2018 - Diwali Celebration.

3       That Council place on exhibition for 28 days its intention to donate $1,000.00 from Emergent Funding to Mak Boxing Promotions for Orange-staged Boxing Festival.

4       That a donation of $1,500.00 be made from Emergent Funding to the Central West Regional of the Australian Poll Dorset Association.

         MATTER ARISING

         That recommendation 5 (Emergent Funding Joel Everett (Ability Dreaming) for Disability Tour Group Outings, be deferred until further information is received on this funding request.

7        SERVICES POLICY COMMITTEE

          1        Council resolves to approve the minutes of the Services Policy Committee held on 7 November 2018.

          2        Council resolves to approve the following recommendations of the Services Policy Committee meeting held on 7 November 2018:

 

2.1     Minutes of the NAIDOC Week Community Committee Meeting – 21 September and 5 October 2018

1        That Council acknowledge the reports presented to the NAIDOC Week Community Committee at its meeting of 21 September and 5 October 2018.

2        That the remainder of the minutes and recommendations made by the NAIDOC Week Community Committee at its meeting held on 21 September and 5 October 2018 be adopted.

That Council formally congratulate staff involved with the NAIDOC awards, the Chair of the NAIDOC Committee, Gerald Powyer, and the NAIDOC Community Committee members.

2.2    Minutes of the Orange and Cabonne Road Safety Community Committee Meeting - 26 September 2018

1        That Council acknowledge the reports presented to the Orange & Cabonne Road Safety Community Committee at its meeting held on 26 September 2018.

2        That the remainder of the minutes of the Orange & Cabonne Road Safety Community Committee at its meeting held on 26 September 2018 be adopted.

2.3     Minutes of the Orange Regional Museum Committee – 16 October 2018

That Council resolves:  

1        To acknowledge the reports presented to the Orange Regional Museum Committee at its meeting held on 16 October, 2018.

2        To adopt recommendations 3.1 and 4.1 from the minutes of the Orange Regional Museum Committee meeting of 16 October, 2018:

3.1    That a report be brought back to the next Committee Meeting to investigate opportunities of the role of the cottages to describe the history of the buildings and to promote Orange Regional Museum.

4.1    That the Council actively pursue funding to support the sustainability of this program.

3        That the remainder of the minutes of the Orange Regional Museum Committee at its meeting held on 16 October, 2018 be adopted.

8        That the remainder of the minutes of the Employment and Economic Development Policy Committee, Infrastructure Policy Committee, Sport and Recreation Policy Committee, Environmental Sustainability Policy Committee, Finance Policy Committee and Services Policy Committee be noted.

 

 


 

 

5.2     Update on Outstanding Resolutions of Council including Questions Taken on Notice and Notices of Motions.

TRIM Reference:        2018/2763

RESOLVED - 18/522                                                                            Cr S Nugent/Cr J McRae

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.

 

 

5.3     Statement of Investments - October 2018

TRIM Reference:        2018/2787

RESOLVED - 18/523                                                                            Cr S Nugent/Cr J McRae

That Council resolves:

1        To note the Statement of Investments as at 31 October 2018.

2        To adopt the certification of the Responsible Accounting Officer.

 

 

5.4     Development Application DA 318/2018(1) - proposed Department of Industry Building - 84 Dalton Street, Orange

TRIM Reference:        2018/2779

Cr J McRae declared a less than significant non-pecuniary interest in this item as she owns property nearby.

Due to a lack of a quorum for this item, this matter is deferred with the Director Development Services to confirm this will still align with JRPP timeframes for their meeting of the 6 December 2018.


 

 

5.5     Development Application DA 41/2007(2) - 84 Glenroi Avenue

TRIM Reference:        2018/2862

RESOLVED - 18/524                                                                           Cr R Turner/Cr J Hamling

That Council resolves to modify development consent DA 41/2007(1) for Hotel (additions and alterations to existing) at Lot 3 DP 630463 - 84 Glenroi Avenue, Orange pursuant to the conditions of consent in the attached modified Notice of Approval.

 

 

Division of Voting

Voted For

Cr R Kidd (Mayor), Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Nugent, Cr M Previtera, Cr R Turner

Voted Against

Nil

Absent

Cr K Duffy, Cr S Munro, Cr S Romano, Cr G Taylor, Cr J Whitton

 

5.6     Code of Conduct Complaint Reporting

TRIM Reference:        2018/2670

RESOLVED - 18/525                                                                          Cr S Nugent/Cr J Hamling

That the report on Code of Conduct Complaint Reporting be acknowledged.

 

 

5.7     2019/20 Budget Timetable

TRIM Reference:        2018/2863

RESOLVED - 18/526                                                                             Cr R Turner/Cr J McRae

The Council resolves:

1    To approve the 2019/20 Budget timetable set out in the Agenda; and

2    Despite resolution 17/575, delegate to the General Manager authority to convene a limited number of closed Councillor Workshops as may be necessary to facilitate the Annual Budget setting process.

 

 


 

 

5.8     2018/19 Fees & Charges Amendments & Additions

TRIM Reference:        2018/2650

RESOLVED - 18/527                                                                             Cr R Turner/Cr T Mileto

Council resolves to place the following fees on exhibition for the information of the community for a period of 28 days.

The proposed Scout Hall fees and charges are:

Category

GST Ex

GST

Total

Dormitory overnight (per person)

$13.64

$1.36

$15.00

Dormitory per night more than 7 nights special rate*(per person)

$11.82

$1.18

$13.00

Camping overnight (per person)

$8.00

$0.80

$8.80

Camping per night more than 7 nights special rate*(per person)

$6.91

$0.69

$7.60

Day use (excluding showers) (more than 3.5 hours) (per person)

$3.18

$0.32

$3.50

Day use (including showers) (more than 3.5 hours) (per person)

$4.54

$0.46

$5.00

½ Day use (excluding showers) (less than 3.5 hours) (per person)

$1.82

$0.18

$2.00

½ Day use (including showers) (less than 3.5 hours) (per person)

$2.73

$0.27

$3.00

RV/Self-contained caravan (no power, no ablutions)

$5.00

$0.50

$5.50

RV Self-contained caravan (access to ablutions)

$8.00

$0.80

$8.80

Scouts Australia full site use (available 6 times a year)

$0.00

$0.00

$0.00

Non-local Scouts and Guides Use

Local Scout and Guides Additional Use (above 6 times a year)

½ price of other groups

Orange City Council Use (no charge)

$0.00

$0.00

$0.00

Damage and cleaning costs

At cost plus 20% admin fee

    * This is the daily rate. The group will also be charged for a cleaner once a week at cost.

The proposed Download of tender document fees and charges are:

The proposed Clover Hill Function Centre fees and charges are:

 

The proposed liquid trade waste pH fees and charges are:

 

 

 

5.9     Requests for Financial Assistance

TRIM Reference:        2018/2794

RESOLVED - 18/528                                                                          Cr J Hamling/Cr S Nugent

The Council resolves:

1        That a donation of $1,930.00 be made from Emergent Funding to Teach Learn Grow for the Inaugural Rural Program to Glenroi Heights Public School.

2        That a donation of $250.00 be made from the Sports Participation Program to Dallas George for attending the AMAC Australian Karate Titles as part of the NSW AMAC Karate Squad.

 

 


 

 

5.10   Invitation to Join Regional Cities NSW

TRIM Reference:        2018/2281

RESOLVED - 18/529                                                                            Cr J McRae/Cr S Nugent

That Council resolves to:

1        Note the information contained within this Invitation to Join Regional Cities NSW Council Report.

2        Join Regional Cities NSW (RCNSW) with a formal review of Council’s membership to take place within the first 24 months of the formal commencement of RCNSW, to ensure it is meeting its stated objectives.

3        Note that whilst sixteen Councils have been invited to join RCNSW, a minimum of nine Councils will be needed to establish RCNSW.

4        Allocate $5,000 for membership of RCNSW from 1 January 2019 to 30 June 2019

5        Note that any future requests for financial contributions over and above the annual membership fee to RCNSW will be reported to Council for further consideration.

 

 

5.11   Evocities MOU

TRIM Reference:        2018/2733

RESOLVED - 18/530                                                                     Cr J Hamling/Cr M Previtera

That Council resolves:

1        To confirm Orange City Council’s commitment to the continuation of the Evocities program for the period 2019/20 to 2022/23.

2        To authorise the Mayor and General Manager to execute the Memorandum of Understanding between the Evocities for the period.

 

 

QUESTION TAKEN ON NOTICE

Cr Nugent requested Council implement processes to measure the impact, outcomes, results that arise as a result of Evocities and people moving to Orange.

 


 

 

5.12   Welcome to Summer Weekend - Orange Aquatic Centre

TRIM Reference:        2018/2813

RESOLVED - 18/531                                                                          Cr J Hamling/Cr S Nugent

That Council resolves to:

1        Grant free entry to the Aquatic Centre for the Start of Summer Weekend, 1 and 2 December 2018; and

2       Extend current seasonal pass holders as detailed in the report by 2 weeks.

 

 

5.13   Orange 360 Board - Orange City Council Delegates

TRIM Reference:        2018/2870

RESOLVED - 18/532                                                                            Cr S Nugent/Cr T Mileto

That the General Manager, Cr R Kidd and Cr J McRae be Council delegates on the TDO Pty Ltd Board.

 

 

MATTERS ARISING  

 

Cr McRae thanked all involved in Orange 360 over the last year and acknowledged all the hard work undertaken by Councillors formerly on the board. Supported by Cr Nugent.

 

Cr Nugent noted that Sydney Weekender had been at Huntley Berry Farm during the week with the program scheduled to go to air in the New Year.

 

Cr Mileto thanked the Director Corporate, Recreation and Community Services, Scott Maunder, for assisting the Spring Hill Community Committee regarding speed issues in the Spring Hill community.

 

Cr McRae commended staff for the promotion of the Australia Day Awards.

 

QUESTION TAKEN ON NOTICE

Cr Hamling requested the community be kept informed on proposed water restrictions.

 

  


 

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 Manager Administration Governance 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     Lachlan Valley Railway

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.

 

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 7.55pm.

The Mayor declared the Ordinary Meeting of Council resumed at 8.06pm.


 

7       Resolutions from Closed Meeting

The Acting General Manager read out the following resolution made in the Closed Meeting of Council.

6.1     Lachlan Valley Railway

TRIM Reference:        2018/2598

RESOLVED - 18/533                                                                           Cr R Turner/Cr S Nugent

That Council resolves:

1        To waive the outstanding rates and interest for the property at 2C Peisley Street, Orange in the amount of $24,222.65.

2        The premise at 2C Peisley Street, Orange be exempt from Council rates during the period the existing licence arrangements between Lachlan Valley Rail Co-operative and John Holland Rail on behalf of Transport NSW remain current.

 

 

QUESTION TAKEN ON NOTICE

Cr Kidd requested staff circulate some information as to what was happening with the Lachlan Valley Railway.

 

The Meeting Closed at 8.07PM

 

This is Page Number 16 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 20 November 2018.