MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 25 June 2019
COMMENCING AT 7.00pm
Attendance
Cr R Kidd (Mayor), Cr K Duffy, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner, Cr J Whitton
Acting General Manager (Greenham), Acting Director Corporate and Commercial Services (Freeman), Acting Director Development Services (Hodges), Director Community, Recreation and Cultural Services, Director Technical Services, Governance Coordinator, Manager Corporate and Community Relations, Manager Financial Services, Manager Development Assessment.
|
RESOLVED 19/320 Cr K Duffy/Cr S Nugent That the apologies be accepted from Cr J Hamling and Cr S Romano (Deputy Mayor) for the Council Meeting of Orange City Council on 25 June 2019. |
For: Unanimous
Against: Nil
Absent: Cr Romano, Cr Hamling
1.2 LIVESTREAMING AND RECORDING
The Mayor advised that the meeting was being livestreamed and recorded.
The Mayor conducted the Acknowledgement of Country.
1.4 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
|
TRIM Reference: 2019/1213 |
|
RESOLVED - 19/321 Cr K Duffy/Cr S Nugent That the information contained in this Mayoral Minute be acknowledged
|
Against: Nil
Absent: Cr Romano, Cr Hamling
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.06PM
OPEN FORUM
Item 5.4 – Integrated Planning and Reporting Documents
Daniel McGregor – Put Orange First – raising the profile of business in the local community
Item 4.1 – Notice of Motion – Recreational Use of Spring Creek and Suma Park Dams and 4.2 – Notice of Motion – Water Restrictions
Cyril Smith – Orange and Region Water Security Alliance – outlined his concerns of the water storage being used as a recreational space.
Jo Sangstar – outlined concerns regarding use of Spring Creek reservation for recreational use.
Jane Tyack-Howarth –outlined her concerns regarding the security of properties in the vicinity.
Steph O’Dea – outlined his concerns regarding the recreational use of the towns drinking source and the security of properties in the vicinity.
Item 4.3 – Notice of Motion – Climate Emergency
Tom Seller – spoke in support of declaring a climate emergency
Molly Harris - spoke in support of declaring a climate emergency
Kerry Cochran - spoke in support of declaring a climate emergency
Georgia Noble - spoke in support of declaring a climate emergency
Kate Hook – Future in Orange - spoke in support of declaring a climate emergency.
COUNCIL
MEETING RESUME AT 7.42PM
3 Confirmation of Minutes of Previous Meeting
|
RESOLVED - 19/322 Cr M Previtera/Cr S Munro That the Minutes of the Ordinary Meeting of Orange City Council held on 4 June 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 4 June 2019. |
For: Unanimous
Against: Nil
Absent: Cr Romano, Cr Hamling
4 Notices of Motion/Notices of Rescission
|
TRIM Reference: 2019/1203 |
|
RESOLVED - 19/323 Cr J Whitton/Cr G Taylor That Council rescind the following resolution of the Council Meeting of 4 June 2019: 5.2 Recreational use of Spring Creek and Suma Park Dams RESOLVED - 19/313 Cr S Romano/Cr M Previtera That Council resolves to: 2 Commence the process to seek approval to permit access to Spring Creek Dam for non-powered and electric boating and fishing but not permit camping.
|
For: Cr Whitton, Cr Nugent, Cr Taylor, Cr McRae, Cr Duffy, Cr Kidd, Cr Mileto
Against: Cr Previtera, Cr Turner, Cr Munro
Absent: Cr Romano, Cr Hamling
|
TRIM Reference: 2019/1262 |
|
RESOLVED - 19/324 Cr R Kidd/Cr G Taylor That Council resolves to amend our Level 5 water restriction trigger point from 35% to 30% in line with Bathurst and Cabonne Councils. This follows on from the very successful Central Tablelands Water, Blayney Shire, Orange City and Cabonne Councils mini water summit held recently in Orange.
|
For: Unanimous
Against: Nil
Absent: Cr Romano, Cr Hamling
|
TRIM Reference: 2019/1263 |
|
MOTION Cr S Nugent/Cr M Previtera That Council resolves to: 1 Note the recent IPCC Special Report stating that limiting global warming to 1.5°C will require rapid and far-reaching transitions in energy, land, infrastructure and industrial systems, 2 Note the recent IPBES report warning of the potential for extinction of more than a million species worldwide, due to climate change and other human-induced drivers of change in nature, 3 Note the already-substantial impact of climate change on local liveability, resilience, agriculture and biodiversity, and the potential for future impacts, 4 Join with other local and national governments worldwide in recognising a state of climate emergency, and commits to continued efforts through our sustainability and resilience programs to assist in efforts against global climate change.
THE MOTION ON BEING PUT TO THE MEETING WAS LOST
|
For: Cr Nugent, Cr McRae, Cr Previtera
Against: Cr Whitton, Cr Turner, Cr Munro, Cr Mileto, Cr Duffy, Cr Kidd, Cr Taylor
Absent: Cr Romano, Cr Hamling
|
TRIM Reference: 2019/1273 |
|
RESOLVED - 19/325 Cr G Taylor/Cr J Whitton That Council increase the donation for the provision of Wood under the Woodbank Program from $5,000 to $8,500 (i.e. add $3,500 to the current budget).
|
For: Unanimous
Against: Nil
Absent: Cr Romano, Cr Hamling
|
Cr Kidd requested staff obtain details from local charitable bodies and report back to Council on the measures taken to assist residents in particular with electricity and gas costs including the number of residents assisted. |
|
Cr Whitton requested that Council write to the State and Federal Governments to seek information on what government is doing to assist people in need to meet the cost of gas and electricity. |
|
TRIM Reference: 2019/1136 |
|
RESOLVED - 19/326 Cr R Turner/Cr S Munro 1 That the resolutions made by the Planning and Development Committee at its meeting held on 4 June 2019 be noted. 2 That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 4 June 2019 be noted. 3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 4 June 2019 be noted. 4 That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 4 June 2019 be noted with an amendment to Item 2.1 – replace Cr Duffy as the seconder with Cr McRae. 5 That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 4 June 2019 be noted. 6 That the resolutions made by the Finance Policy Committee at its meeting held on 4 June 2019 be noted. 7 That the resolutions made by the Services Policy Committee at its meeting held on 4 June 2019 be noted.
|
For: Unanimous
Against: Nil
Absent: Cr Romano, Cr Hamling
|
5.2 Update on Outstanding Resolutions of Council including Questions Taken on Notice and Notices of Motions. TRIM Reference: 2019/1138 |
|
RESOLVED - 19/327 Cr S Nugent/Cr M Previtera 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.
|
For: Unanimous
Against: Nil
Absent: Cr Romano, Cr Hamling
|
Cr Taylor requested information on whether there was a blitz on issuing parking fines to persons parking on nature strips. |
QUESTION TAKEN ON NOTICE
|
Cr Whitton requested an update on timing of the report on hotmix as per resolution 18/348 (page 66 of the business paper). |
|
TRIM Reference: 2019/1119 |
|
RESOLVED - 19/328 Cr K Duffy/Cr S Munro That Council resolves: 1 To note the Statement of Investments as at 31 May 2019. 2 To adopt the certification of the Responsible Accounting Officer.
|
For: Unanimous
Against: Nil
Absent: Cr Romano, Cr Hamling
|
5.4 Adoption of Integrated Planning and Reporting Documents - Delivery/Operational Plan 2019/20 to 2022/23 and Resourcing Strategy TRIM Reference: 2019/1107 |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Cr T Mileto declared a less than significant non-pecuniary interest in this item as the president of Orange District Football Association regarding funding for a shelter at Jack Brabham Park and remained in the chamber during this item. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
RESOLVED - 19/329 Cr S Nugent/Cr S Munro That Council resolves: 1 In accordance with Sections 534, 535, 537 and 538 of the Local Government Act 1993, to adopt the following structure for rating purposes for the period 1 July 2019 to 30 June 2020, and make the ad valorem rate in the dollar and base amount as detailed in the table below, noting that land value to be used is based on the valuation date of 1 July 2016 and supplementary information provided since that date, for the rateable land in the Orange Local Government Area, as follows:
2 To adopt the Schedule of Fees and Charges as listed in the exhibited draft Delivery/Operational Plan for the period 1 July 2019 to 30 June 2020, provided that such changes may be varied by any alteration to the Local Government Act 1993 or Local Government (General) Regulation as directed by the NSW Government and subject to Council having the right to vary fees charged during the year subject to the required exhibition processes being observed, with the following amendments to be re-advertised and exhibited for 28 days, noting these are the ex GST amounts: a The Family Day Care ‘Before and After School Care’ fee change from $8.10-$10.70 to $8.10-$13.10 (ex GST) That the fees and charges for the Companion Animals Act as circulated by the NSW Government be amended and adopted as follows (ex GST): · Companion Animals – For a de-sexed animal – from $57.00 to $58.00 · Companion Animals – For a de-sexed animal owned by an eligible pensioner – from $24.00 to $25.00 · Companion Animals – For a de-sexed animal sold by eligible pound or shelter – from $28.50 to $29.00 · Companion Animals – For an animal not de-sexed – from $207.00 to $210.00 · Companion Animals – Animal not de-sexed but kept by a recognised breeder for breeding purposes – from $57.00 to $58.00 3 That the following expenditure for the period 1 July 2019 to 30 June 2020 be voted in accordance with the requirements of Clause 211 (2) of the Local Government (General) Regulation 2005:
4 To adopt the: a 2019/20 – 2022/23 Delivery/Operational Plan b Resourcing Strategy incorporating the Long-Term Financial Plan, Workforce Management Plan, Asset Management Policy and Strategy 5 That the Councillor allowance be set at $20,280 and the Mayoral Allowance be set at $44,250 for 2019/20, being the maximum allowable for Regional Rural councils as determined by the Local Government Remuneration Tribunal.
|
For: Unanimous
Against: Nil
Absent: Cr Romano, Cr Hamling
|
5.5 Development Application DA 118/2019(1) - 346 Leeds Parade, Orange - Charles Sturt University Campus TRIM Reference: 2019/1198 |
|
RESOLVED - 19/330 Cr S Nugent/Cr S Munro That Council resolves: 1 To note the contents of the planning report; and 2 To not make a submission to the Western Region Planning Panel on DA 118/2019(1) for an Educational Establishment (new building, alterations and additions to existing building) and Electricity Generating Works at 346 Leeds Parade, Orange.
|
|
Division of Voting |
|
|
Voted For |
Cr K Duffy, Cr R Kidd (Mayor), 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 |
Nil |
|
Absent |
Cr J Hamling, Cr S Romano |
|
TRIM Reference: 2019/1265 |
|
RESOLVED - 19/331 Cr K Duffy/Cr G Taylor That Council resolves to modify development consent DA 304/2016(2) for Demolition, Hotel or Motel Accommodation, Restaurant and Cafe, Retail Premises and Subdivision (44 lot strata) at Lot 200 DP 1225088 - 132 Kite Street, Orange pursuant to the conditions of consent in the attached modified Notice of Approval.
|
|
Division of Voting |
|
|
Voted For |
Cr R Kidd (Mayor), Cr K Duffy, 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 |
Nil |
|
Absent |
Cr J Hamling, Cr S Romano (Deputy Mayor) |
|
TRIM Reference: 2019/1031 |
|
RESOLVED - 19/332 Cr S Nugent/Cr S Munro That Council resolves to: 1 Place the following draft Strategic Policy on public exhibition for a minimum of 28 days: · ST059 – Public Interest Disclosures and Internal Reporting 2 That Council adopt the following policies: · ST009 – Strategic Policy – Revenue and Pricing · ST029 – Strategic Policy – Donations and Grants
|
For: Unanimous
Against: Nil
Absent: Cr Romano, Cr Hamling
|
TRIM Reference: 2019/1210 |
|
RESOLVED - 19/333 Cr J McRae/Cr K Duffy That Council resolves: 1 That an in-kind donation of $1,000.00 be made from the Sports Participation Program to Orange Emus Rugby Club. 2 That the emergency approval of $500.00 in-kind donation made to Orange Emus Rugby Club be ratified (being half of the donation requested in Part 1).
|
For: Unanimous
Against: Nil
Absent: Cr Romano, Cr Hamling
|
TRIM Reference: 2019/576 |
|
RESOLVED - 19/334 Cr S Nugent/Cr M Previtera That the report on storage needs for Service Clubs be acknowledged.
|
For: Unanimous
Against: Nil
Absent: Cr Romano, Cr Hamling
|
TRIM Reference: 2019/1200 |
|
RESOLVED - 19/335 Cr R Kidd/Cr S Nugent That Council resolves: 1 To note the decision of the Evocities Steering Committee decision not to proceed with the MOU. 2 That Council endorse the transition of the Evocities program into maintenance mode for a period of 6 months. 3 That the funds in the 2019/20 budget allocated to Evocities be set aside to support inwards tourism/relocator opportunities.
|
For: Unanimous
Against: Nil
Absent: Cr Romano, Cr Hamling
|
TRIM Reference: 2019/1264 |
|
RESOLVED - 19/336 Cr J McRae/Cr S Nugent 1 That the report by the Orange Rail Action Group be noted. 2 That Cr Munro replace Cr McRae on the Orange Rail Action Group.
|
For: Unanimous
Against: Nil
Absent: Cr Romano, Cr Hamling
|
Cr Turner requested a letter be sent to the owners of the United Service Station to congratulate them on the construction and opening of their business. |
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.
|
RESOLVED - 19/337 Cr S Munro/Cr S Nugent 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 Tender - Provision of Legal 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 2018/19 Third Quarter Water Consumption Charge - 13-15 Torpy Street Orange 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 Entering into Contracts for the Supply and Delivery of Bulk Fuel 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. |
The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 9.32PM.
The Mayor declared the Ordinary Meeting of Council resumed at 9:44PM.
7 Resolutions from Closed Meeting
The Manager Corporate Governance read out the following resolutions made in the Closed Meeting of Council.
|
TRIM Reference: 2019/1011 |
|
RESOLVED - 19/338 Cr S Nugent/Cr S Munro 1 That Council appoints the following firms to comprise Council’s Legal Services Panels, in the following categories for a term of five years with an additional two year option, at Council’s discretion, depending on Council’s operational requirements at the time and on the terms contained within this report: 1.1 Local Government Act and related legislation: i) Crennan Legal ii) Marsdens iii) Pikes & Verekers iv) Wilshire Webb Staunton Beattie v) Hall & Wilcox vi) Maddocks vii) Coutts 1.2 Planning and Development: i) Crennan Legal ii) Marsdens iii) Pikes & Verekers iv) Wilshire Webb Staunton Beattie v) Hall & Wilcox vi) Maddocks 1.3 Industrial and Employment Relations: i) Marsdens ii) Australian Business Lawyers iii) Hall & Wilcox iv) Maddocks v) Workdynamic Australia iv) Bartier Perry 1.4 Property and Conveyancing: i) Messenger & Messenger ii) Marsdens iii) Pikes & Verekers iv) Hall & Wilcox 2 That Council adopt the draft “Guidelines on the distribution of work between members of Council’s Legal Services Panels”. 3 That Council delegate to the General Manager the authority to finalise and execute the contracts and any other documentation required to give effect to this resolution. 4 That approval be granted for the use of the Council Seal on any relevant document if required.
|
|
Division of Voting |
|
|
Voted For |
Cr R Kidd (Mayor), Cr K Duffy, 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 |
Nil |
|
Absent |
Cr J Hamling, Cr S Romano (Deputy Mayor) |
|
TRIM Reference: 2019/761 |
|
RESOLVED - 19/339 Cr S Nugent/Cr K Duffy That Council resolves that each of the eight units within Strata Plan 1834 has their 2018/19 third quarter water consumption charge of $1,899.03 reduced to $69.89, being a credit of $1,829.14 each or $14,633.12 in total.
|
For: Unanimous
Against: Nil
Absent: Cr Romano, Cr Hamling
|
TRIM Reference: 2019/1189 |
|
RESOLVED - 19/340 Cr J Whitton/Cr S Munro That Council resolves to: 1 Accept and signs contracts with Ocwen Energy and Oilplus Holdings Australia for the supply and delivery of bulk fuel. 2 Grant approval for the use of the Council seal on documents associated with the contract.
|
For: Unanimous
Against: Nil
Absent: Cr Romano, Cr Hamling
The Meeting Closed at 9:50PM
This is Page Number 15 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 25 June 2019.