Ordinary Council Meeting

 

Agenda

 

1 October 2019

 

 

Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that a Ordinary meeting of ORANGE CITY COUNCIL will be held in the Council Chamber, Civic Centre, Byng Street, Orange on Tuesday, 1 October 2019  commencing at 7.00pm.

 

 

David Waddell

Chief Executive Officer

 

For apologies please contact Administration on 6393 8218.

  

 


Council Meeting                                                                                           1 October 2019

Agenda

EVACUATION PROCEDURE

In the event of an emergency, the building may be evacuated. You will be required to vacate the building by the rear entrance and gather at the breezeway between the Library and Art Gallery buildings. This is Council's designated emergency muster point.

Under no circumstances is anyone permitted to re-enter the building until the all clear has been given and the area deemed safe by authorised personnel.

In the event of an evacuation, a member of Council staff will assist any member of the public with a disability to vacate the building.

  

1                Introduction.. 4

1.1            Apologies and Leave of Absence. 4

1.2            Livestreaming and Recording. 4

1.3            Acknowledgement of Country. 4

1.4            Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests. 4

2                Mayoral Minutes. 4

Nil

 

              COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE OPEN FORUM

              COUNCIL MEETING RESUMES

 

3                Confirmation of Minutes of Previous Meeting.. 5

3.1            Minutes of the Ordinary Meeting of Orange City Council held on 17 September 2019  6

COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE POLICY COMMITTEES

Planning and Development - Chaired by Cr Russell Turner

Employment and Economic Development - Chaired by Cr Tony Mileto

Infrastructure - Chaired by Cr Jeff Whitton

Sport and Recreation - NO ITEMS FOR CONSIDERATION

Environmental Sustainability - Cr Mario Previtera

Finance - Chaired by Cr Joanne McRae

Services - Chaired by Cr Scott Munro

              COUNCIL MEETING RESUMES


 

 

4                Notices of Motion/Notices of Rescission.. 20

4.1            Rescission Motion - DA 215/2019(1) - 36-40 Turner Crescent, Orange. 20

4.2            Notice of Motion - Aquatic Centre Admission - Health Related Pass. 21

5                General Reports. 25

5.1            Change of Council Meeting Dates. 25

5.2            National Local Roads and Transport Congress 2019. 27

5.3            Request to enter into new Parking Agreement at Orange Central Square. 31

6                Closed Meeting - See Closed Agenda.. 34

6.1            Asphalt Plant Orange. 35

6.2            Shiralee Road Land Acquisition. 37

7                Resolutions from closed meeting.. 38

 


Council Meeting                                                                                           1 October 2019

1       Introduction

1.1     Apologies and Leave of Absence

1.2     LIVESTREAMING AND RECORDING

This Council Meeting is being livestreamed and recorded. By speaking at the Council Meeting you agree to being livestreamed and recorded. Please ensure that if and when you speak at this Council Meeting that you ensure you are respectful to others and use appropriate language at all times. Orange City Council accepts no liability for any defamatory or offensive remarks or gestures made during the course of this Council Meeting. A recording will be made for administrative purposes and will be available to Councillors.

1.3     Acknowledgement of Country

I would like to acknowledge the Wiradjuri people who are the Traditional Custodians of the Land. I would also like to pay respect to the Elders both past and present of the Wiradjuri Nation and extend that respect to other Aboriginal Australians who are present.

1.4     Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests

The provisions of Chapter 14 of the Local Government Act, 1993 (the Act) regulate the way in which Councillors and designated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public role.

The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest must be disclosed as soon as practicable after the start of the meeting and the reasons given for declaring such interest.

As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussion or voting on that matter, and requires that member to vacate the Chamber.

Council’s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code of Conduct also provides for a number of ways in which a member may manage non pecuniary conflicts of interest.

Recommendation

It is recommended that Councillors now disclose any conflicts of interest in matters under consideration by the Council at this meeting.

 

 

2       Mayoral Minutes

Nil     


 

 

3       Confirmation of Minutes of Previous Meeting

RECOMMENDATION

That the Minutes of the Ordinary Meeting of Orange City Council held on 17 September 2019 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate records of the proceedings of the Council meeting held on 17 September 2019.

 

Attachments

1        Minutes of the Ordinary Meeting of Orange City Council held on 17 September 2019



ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 17 September 2019

COMMENCING AT 7.00pm


 1      Introduction

Attendance

Cr R Kidd (Mayor), Cr S Romano (Deputy 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

Chief Executive Officer, Acting Director Corporate and Commercial Services, Acting Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Financial Services, Manager Corporate and Community Relations, Manager Development Assessments, Manager Engineering Services, User Support Officer (Merrifield)

1.1     APOLOGIES

 

RESOLVED - 19/457                                                                             Cr T Mileto/Cr S Munro

That the apologies be accepted from Cr J Hamling for the Council Meeting of Orange City Council on 17 September 2019.

For: Unanimous

Against: Nil

Absent: Cr Hamling

1.2     LIVESTREAMING AND RECORDING

The Mayor advised that the meeting was being livestreamed and recorded.

 

1.4     ACKNOWLEDGEMENT OF COUNTRY

 

1.5     Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests

 

Cr G Taylor declared a pecuniary interest in item 5.12 DA 222/2019(1) 10 William Street, Orange as he undertook work at the property as a contractor.

 

2       MAYORAL MINUTES

 

2.1     Central NSW Joint Organisation Meeting and Centroc Board Meeting - 22 August 2019 - Board Report

TRIM Reference:        2019/1892

RESOLVED - 19/458                                                                            Cr S Nugent/Cr J McRae

That the information contained in this Mayoral Minute be acknowledged and that:

1        Council note the advice regarding the Big Ideas Workshop to be held in Bathurst on Thursday 26 September 2019.

2        Council engage with the Rural Doctors network regarding Rural Health Pro.

 

For: Unanimous

Against: Nil

Absent: Cr Hamling

 

RESOLVED - 19/459                                                                           Cr J Whitton/Cr S Munro

That Item 5.1 and 5.2 be dealt with next on the agenda.

 

For: Unanimous

Against: Nil

Absent: Cr Hamling

 

5.1     Election of Deputy Mayor

TRIM Reference:        2019/1937

RESOLVED - 19/460                                                                          Cr S Munro/Cr S Romano

That Council resolves:

1        That Council elect a Deputy Mayor for the 2019 to 2020 period.

2        That the method of voting for the election of Deputy Mayor be ordinary ballot.

3        That the Chief Executive Officer, acting as the Returning Officer, conduct the election for the Deputy Mayor.

 

For: Unanimous

Against: Nil

Absent: Cr Hamling

 


 

The Chief Executive Officer advised that nominations for Deputy Mayor had been received from:

·         Cr T Mileto

·         Cr S Munro

·         Cr S Romano

·         Cr J Whitton

Following the first round of voting, Cr Mileto received 5 votes, Cr Romano received 3 votes, Cr Whitton received 2 votes and Cr Munro received 1 vote. As Cr Munro had the lowest number of votes his nomination was excluded and a new ballot conducted with the remaining candidates.

Following the second round of voting, Cr Mileto received 5 votes, Cr Romano received 4 votes and Cr Whitton received 2 votes. As Cr Whitton had the lowest number of votes his nomination was excluded and a new ballot conducted with the remaining candidates.

Following the third round of voting, Cr Romano received 6 votes and Cr Mileto received 5 votes.

As Cr Romano had the highest number of votes, he was declared elected to the position of Deputy Mayor.

 

5.2     Policy Committees of Council

TRIM Reference:        2019/1938

RESOLVED - 19/461                                                                             Cr T Mileto/Cr S Munro

That Council resolves to adopt:

1        The Policy Committee Structure set out in Attachment 1 to this Agenda; and

2        That the method of voting for the election of Policy Committee Chairs be by ordinary ballot; and

3        That the Chief Executive Officer, acting as Returning Officer, conduct the election for the Policy Committee Chairs.

 

For: Unanimous

Against: Nil

Absent: Cr Hamling

 

The Chief Executive Officer conducted an election of Policy Committee Chairs.

 

Finance Policy Committee

A nomination was received for Cr McRae.

Cr McRae was elected Chairperson of the Finance Policy Committee.

 

Infrastructure Policy Committee

A nomination was received for Cr Whitton.

Cr Whitton was elected Chairperson of the Infrastructure Policy Committee.


 

 

Sport and Recreation Policy Committee

A nomination was received for Cr Hamling.

Cr Hamling was elected Chairperson of the Sport and Recreation Policy Committee.

 

Environmental Sustainability Policy Committee

Nominations were received for Cr Nugent and Cr Previtera.

Following voting, Cr Previtera received 6 votes and Cr Nugent received 5 votes.

Cr Previtera was elected Chairperson of the Environmental Sustainability Policy Committee.

 

Planning and Development Policy Committee

A nomination was received for Cr Turner.

Cr Turner was elected Chairperson of the Planning and Development Policy Committee.

 

Employment and Economic Development Policy Committee

A nomination was received for Cr Mileto.

Cr Mileto was elected Chairperson of the Employment and Economic Development Policy Committee. 

 

Services Policy Committee

Nominations were received for Cr Nugent and Cr Munro.

Following voting, Cr Munro received 6 votes and Cr Nugent received 5 votes.

Cr Munro was elected Chairperson of the Services Policy Committee.

 

The Mayor read out the elected Chairpersons of the Policy Committees.

 

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.30PM.

 

OPEN FORUM 

Item 4.1 – Rescission Motion – DA 141/2019(1) - Lot 78 Lantana Place

78 Lantana Place

Luke Holden – spoke against the development

Jordan Naylor – spoke against the development

Andrea Ferry – spoke against the development

Joshua Ferry – spoke against the development

Mark Turner – spoke against the development

Martin Berndt – spoke against the development

Jessica Berndt – spoke against the development

Catherine Clark – spoke against the development

Danielle Collison – spoke against the development

 

David Fisher (Housing Plus) - Applicant

Sarah Priestley (Housing Plus) - Applicant

Scott Taylor (Housing Plus) - Applicant

Justin Cantelo (Housing Plus) - Applicant

Item 5.12 - DA 222/2019(1) - 10 William Street

Dianne Gee – spoke in favour of having tree removed

Lisa Brisbane – spoke in favour of having tree removed

Item 5.11 - Gosling Creek Reserve Plan of Management

Nick King (ECCO) – expressed concerns about the revised Gosling Creek Reserve Plan of Management.

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.45 PM

 

3       CONFIRMATION OF MINUTES OF PREVIOUS MEETING

RESOLVED - 19/462                                                                          Cr S Romano/Cr T Mileto

That the Minutes of the Ordinary Meeting of Orange City Council held on 3 September 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 3 September 2019.

For: Unanimous

Against: Nil

Absent: Cr Hamling

 

RESOLVED - 19/463                                                                           Cr R Turner/Cr S Nugent

That the Minutes of the Extraordinary Meeting of Orange City Council held on 10 September 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 10 September 2019.

For: Unanimous

Against: Nil

Absent: Cr Hamling


 

 

4       Notices of Motion/Notices of Rescission

4.1     Rescission Motion - DA 141/2019(1) - Lot 78 Lantana Place, Orange

TRIM Reference:        2019/1951

RESOLVED - 19/464                                                                               Cr K Duffy/Cr G Taylor

That Council rescind the following resolution of the Planning and Development Committee Meeting of 3 September 2019.

2.2     Development Application DA 141/2019(1) - Lot 78 Lantana Place

TRIM Reference:           2019/1787

RESOLVED - 19/426                                                                              Cr S Nugent/Cr T Mileto

That Council resolves to consent to development application DA 141/2019(1) for Multi Dwelling Housing (10 dwellings) at Lot 78 DP 1172183 - Lantana Place, Orange pursuant to the conditions of consent in the attached Notice of Approval.

 

 

And replace it with the following resolution:

That Council resolves to refuse development application DA 141/2019(1) for Multi Dwelling Housing (10 dwellings) at Lot 78 DP 1172183 - Lantana Place, Orange on grounds of social, economic and traffic impacts and in the public interest.

 

For: Cr Duffy, Cr Kidd, Cr Whitton, Cr Taylor, Cr Munro, Cr Previtera, Cr Romano, Cr Turner

Against: Cr McRae, Cr Mileto, Cr Nugent

Absent: Cr Hamling

 

MATTER ARISING 

Cr Duffy requested a report be brought to Council identifying the mechanisms available to address suitable locations in Orange for development of social housing.

 


 

5       General Reports

 

5.3     Dates for Meetings of Council

TRIM Reference:        2019/1939

RESOLVED - 19/465                                                                            Cr S Nugent/Cr T Mileto

That Council approves as follows:

1        The meeting schedule as set out in the Code of Meeting Practice; and

2        An Ordinary Meeting of Council be held on the first Tuesday of the month at 7pm; and

3        Ordinary Policy Committees (being the Planning and Development Committee, Employment and Economic Development Policy Committee, Infrastructure Policy Committee, Sport and Recreation Policy Committee, Environmental Sustainability Policy Committee, Finance Policy Committee, Services Policy Committee) be held on the first Tuesday of each month as part of a Council Meeting to commence at 7pm; and

4        An Open Forum is held at the first and/or second meeting of each month subject to requirement; and

5        An Ordinary Council Meeting be held on the third Tuesday of each month commencing at 7pm; and

6        Councillor Workshops/Briefings be held on the second Tuesday of each month if required, commencing at 6pm.

 

For: Unanimous

Against: Nil

Absent: Cr Hamling

 


 

 

5.4     Recommendations and Resolutions from Policy Committees

TRIM Reference:        2019/1953

RESOLVED - 19/466                                                                      Cr S Nugent/Cr M Previtera

1        That the resolutions made by the Planning and Development Committee at its meeting held on 3 September 2019 be noted.

2        That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 3 September 2019 be noted.

3        That the resolutions made by the Infrastructure Policy Committee at its meeting held on 3 September 2019 be noted.

4        That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 3 September 2019 be noted.

5        That the resolutions made by the Finance Policy Committee at its meeting held on 3 September 2019 be noted.

6        That the resolutions made by the Services Policy Committee at its meeting held on 3 September 2019 be noted.

 

For: Unanimous

Against: Nil

Absent: Cr Hamling

 

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

TRIM Reference:        2019/1955

RESOLVED - 19/467                                                                           Cr S Nugent/Cr R Turner

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 Hamling

 

MATTER ARISING

Cr Taylor requested Councillors be provided with an update on the upgrading of line marking for disabled carparks in Orange.

 

Crs Taylor and Duffy requested a report be provided to Council on the policy framework for issuing parking infringements and detailing the numbers and breakdown of penalty notices issued in Orange and the basis of the fine.

 

 

5.6     2018/19 Financial Statements

TRIM Reference:        2019/1829

RESOLVED - 19/468                                                                           Cr J Whitton/Cr S Munro

1        That Council resolve to authorise the Mayor, Chairperson of Finance Policy Committee, Chief Executive Officer and Responsible Accounting Officer to sign the Statement by Council and Management for the General Purpose and Special Purpose Financial Statements in order for Council’s Auditors to conduct the audit and upon completion of the audit, issue an audit statement in accordance with section 413(2)(c) of the Local Government Act 1993.

2        That Council’s Auditor be invited to present the Audit Report to Council.

 

For: Unanimous

Against: Nil

Absent: Cr Hamling

5.7     Statement of Investments - August 2019

TRIM Reference:        2019/1949

RESOLVED - 19/469                                                                          Cr J Whitton/Cr R Turner

That Council resolves:

1        To note the Statement of Investments as at 31 August 2019.

2        To adopt the certification of the Responsible Accounting Officer.

 

For: Unanimous

Against: Nil

Absent: Cr Hamling

5.8     Stronger Country Communities Round 3

TRIM Reference:        2019/1899

RESOLVED - 19/470                                                                            Cr S Munro/Cr S Nugent

That Council resolves the following projects are to be submitted in order to the Stronger Country Communities Fund Round 3:

1                New toilet in three local parks.

2                Extra footpaths.

3                ANZAC Park netball courts.

4                Supported Housing for youth.

5                Bicycle education park.

6                Orange Youth Hub

 

For: Unanimous

Against: Nil

Absent: Cr Hamling


 

 

** Cr Taylor left the Chamber. **

5.9     Performance Indicators - Final Quarter 2018/19

TRIM Reference:        2019/1934

RESOLVED - 19/471                                                                     Cr J Whitton/Cr M Previtera

That the Performance Indicators - Final Quarter 2018/19 be acknowledged.

 

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Taylor    

5.10   Requests for Financial Assistance - Quarter 2 of 2019/20 General Donations - Correction of Missing Resolution

TRIM Reference:        2019/1945

RESOLVED - 19/472                                                                            Cr S Nugent/Cr T Mileto

The Council resolves:

1    That a donation of $2,000.00 be made from the General Donations Program to Come Together Choir (Purchase of Uniforms).

 

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Taylor

** Cr Taylor returned to the Chamber. **

 

5.11   Gosling Creek Reserve Plan of Management

TRIM Reference:        2019/1944

RESOLVED - 19/473                                                                            Cr S Romano/Cr K Duffy

That Council resolve to forward the amended draft Gosling Creek Reserve Plan of Management and comments received during the public exhibition period to the Minister for Lands and Forestry for approval and adoption.

 

For: Cr Kidd, Cr Duffy, Cr McRae, Cr Mileto, Cr Munro, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Cr Nugent

Absent: Cr Hamling


 

5.12   Development Application DA 222/2019(1) - 10 William Street

TRIM Reference:        2019/1946

Cr G Taylor declared a pecuniary interest in this item as he undertook work at the property as a contractor, left the Chamber, and did not participate in the voting or debate on this item.

MOTION

That Council refuses development application DA 222/2019(1) for Demolition (tree removal) at Lot 2 Sec C DP 714681 - 10 William Street, Orange for the following reasons:

1        The subject tree is a healthy specimen and structurally sound.

2        Tree removal will have adverse impacts on the heritage significance of this neighbourhood in the East Orange Heritage Conservation Area.

3        Tree removal will have adverse visual impacts on the streetscape.

4        Tree removal will have adverse impacts on the landscape setting in the locality.

AMENDMENT                                                                                        Cr K Duffy/Cr S Munro

That Council staff bring back to the Council within 14 days a notice of approval to development application DA 222/2019(1) for Demolition (tree removal) at Lot 2 Sec C DP 714681 - 10 William Street, Orange.

THE AMENDMENT ON BEING PUT TO THE MEETING WAS CARRIED AND BECAME THE MOTION

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

RESOLVED - 19/474                                                                               Cr K Duffy/Cr S Munro

That Council staff bring back to the Council within 14 days a notice of approval to development application DA 222/2019(1) for Demolition (tree removal) at Lot 2 Sec C DP 714681 - 10 William Street, Orange.

 

 

Division of Voting

Voted For

Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J McRae, Cr T Mileto, Cr S Munro, Cr M Previtera, Cr R Turner, Cr J Whitton

Voted Against

Cr S Nugent

Absent

Cr J Hamling, Cr G Taylor

 

** Cr Taylor returned to the Chamber. **

** Cr Romano left the Chamber. **


 

 

5.13   2020 Local Government Election

TRIM Reference:        2019/2027

RESOLVED - 19/475                                                                              Cr K Duffy/Cr S Nugent

That Council resolves:

1       That Pursuant to s.296(2), (3) and (5A) of the Local Government Act 1993 (NSW) (“the Act”) that an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council.

2       That pursuant to s.296(2), (3) and (5A) of the Act, as applied and modified by s.18, that a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council.

3       That pursuant to s.296(2), (3) and (5A) of the Act, as applied and modified by s.18, that a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council.

4       That permission be granted for the use of the Council Seal on all relevant documents.

 

For: Cr Kidd, Cr Duffy, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Hamling, Cr Taylor


 

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.

RESOLVED - 19/476                                                                             Cr S Munro/Cr T Mileto

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     Acceptance of Tender for CBD Under Awning Whiteway Lighting

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     Crown Land Negotiation

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 Kidd, Cr Duffy, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Hamling, Cr Romano

 

     

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 9.45pm.

The Mayor declared the Ordinary Meeting of Council resumed at 10.05pm.


 

 

7       Resolutions from Closed Meeting

The Chief Executive Officer read out the following resolutions made in the Closed Meeting of Council.

6.1     Acceptance of Tender for CBD Under Awning Whiteway Lighting

TRIM Reference:        2019/1858

RESOLVED - 19/477                                                                          Cr S Nugent/Cr J Whitton

That Council resolves to:

1     Accept the coloured lighting tender from Large Industries Pty Ltd as for Separable portions Design, 3, 4 and 6 at a cost of $1,719,372.66.

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.

 

For: Cr Kidd, Cr Duffy, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Hamling, Cr Romano

 

6.2     Crown Land Negotiation

TRIM Reference:        2019/1634

RESOLVED - 19/478                                                                                 Cr R Kidd/Cr G Taylor

That Council resolves to defer this item.

 

For: Unanimous

Against: Nil

Absent: Cr Hamling

The Meeting Closed at 10.10PM

 

This is Page Number 13 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 17 September 2019.

  


Council Meeting                                                                                           1 October 2019

4       Notices of Motion/Notices of Rescission

4.1     Rescission Motion - DA 215/2019(1) - 36-40 Turner Crescent, Orange

RECORD NUMBER:       2019/1952

 

 

We, Cr Kevin Duffy, cr glenn taylor and cr jeff whitton wish to move the following Notice of Rescission at the Council Meeting of 1 October 2019:

 

Motion

That Council rescind the following resolution of the Planning and Development Committee Meeting of 3 September 2019.

2.3     Development Application DA215/2019(1) - 36-40 Turner Crescent (Centre Based Child Care Facility)

TRIM Reference:         2019/1822

RESOLVED - 19/427                                                                              Cr R Turner/Cr S Munro

That Council resolves to consent to development application DA 215/2019(1) for Centre Based Child Care Facility at Lot 194 DP 1007290 - 36-40 Turner Crescent, Orange, pursuant to the conditions of consent in the attached Notice of Approval.

 

 

 

 

Signed        Cr Kevin Duffy               Cr Glenn Taylor             Cr Jeff Whitton      

 

 

STAFF COMMENT

It is noted that if the rescission motion is successful then Council will need to resolve either a refusal or a deferral for redesign, as is often the case.

 

  


Council Meeting                                                                                           1 October 2019

4.2     Notice of Motion - Aquatic Centre Admission - Health Related Pass

RECORD NUMBER:       2019/2038

 

 

I, CR Reg Kidd wish to move the following Notice of Motion at the Council Meeting of 1 October 2019:

 

Motion

That Orange City Council investigate a support program to accommodate disadvantaged persons that need to access the Aquatic Centre for health and rehabilitation purposes.

 

Background

Please see the attached letter which I received requesting assistance for a community member who is suffering financial disadvantage and health issues who could benefit from a program being introduced which would see her gain free access to the Aquatic Centre. 

A person who is on a minimum of support funding, experiencing financial disadvantage and who has been advised by their GP that swimming is required for rehabilitation of a physical condition, would benefit from a subsidised entry fee into the Aquatic Centre. The cost of admission to the Aquatic Centre on a daily/weekly/yearly basis becomes prohibitive for a financially disadvantaged person.

A mechanism introduced to aid those in real need, backed by a medical certificate from a GP would assist this sector of the community.

 

Signed Cr Reg Kidd

STAFF COMMENT

If Council was to consider support for people in the circumstance outlined in the correspondence, Council should also consider support for children who would benefit from the use of the Aquatic Centre.

In particular children from trauma backgrounds, behavioural challenges or children with disabilities who benefit greatly from being able to access the Aquatic Centre free of charge.

Council could partner with Medical Paediatric Specialists or Paediatric Occupational Therapists who could provide a referral to the service as the mechanism to assist this sector of the community.

There are also a much broader range of members of the community who could benefit from access to the Aquatic Centre free of charge, quite apart from the group mentioned in the correspondence or children as referred to above. These include:

·    Pensioners (aged and other)

·    Veterans

·    Lower socio economic groups including those with a health card

·    Persons recovering from injury or surgery

Staff are able to bring a report to Council on how such a program could operate including its financial implications.

Financial Implications

It could be argued that there are no financial implications as it is unlikely that groups mentioned in the staff comment are currently accessing the facility.

However, as Council is technically waiving these fees if they provide entry free of charge, this would need to recognise this cost in its donations expenditure.

There would also be an administrative cost to operate the program which would depend on the extent of the program offered.

POLICY AND GOVERNANCE IMPLICATIONS

Nil. Council’s donations operational policy would be applied to enable the waiving of fees.

 

Attachments

1          Redacted Letter from Catherine Bloomfield - Aquatic Centre and Financially Disadvantaged, D19/58187

 


Council Meeting                                                                                                                   1 October 2019

Attachment 1      Redacted Letter from Catherine Bloomfield - Aquatic Centre and Financially Disadvantaged

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Council Meeting                                                                                           1 October 2019

5       General Reports

5.1     Change of Council Meeting Dates

RECORD NUMBER:       2019/2134

AUTHOR:                       Samantha Freeman, Acting Director Corporate and Commercial Services    

 

 

EXECUTIVE Summary

This year’s Local Government NSW Annual Conference will be held from Monday 14 October 2019 to Wednesday 16 October 2019 at Warwick Farm, Sydney. At this stage, five Councillors will be attending. This report proposes that the Council Meeting scheduled for Tuesday 15 October 2019 be re-scheduled to be held on Tuesday 22 October 2019 at 7pm.

It is also proposed to move the Council Meeting scheduled for Tuesday 5 November 2019 to Thursday 7 November 2019 given this is Melbourne Cup Day and traditionally Councillors have other commitments on this day.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “17.1 Collaborate - Provide representative, responsible and accountable community governance”.

Financial Implications

Nil

Policy and Governance Implications

Council will advertise the change of meeting dates in accordance with the Code of Meeting Practice.

 

 

Recommendation

1        That the Council Meeting scheduled for Tuesday 15 October 2019 be held on Tuesday 22 October 2019 at 7.00pm.

2        That the Council and Policy Committee meetings scheduled for Tuesday 5 November 2019 be held on Thursday 7 November 2019 commencing at 7.00 pm.

 

further considerations

Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.


 

SUPPORTING INFORMATION

With five Councillors at this stage proposed to attend the Local Government NSW Annual Conference from 14 to 16 October 2019, and to avoid the possibility of there not being a quorum, it is proposed to reschedule the meeting scheduled for Tuesday 15 October 2019 to Tuesday 22 October 2019 to allow all Councillors to attend.

As the Council and Policy Committee meetings scheduled for Tuesday 5 November 2019 is Melbourne Cup day, it is proposed that the meeting be moved to Thursday 7 November 2019 commencing at 7pm. This is to accommodate other commitments traditionally occurring on this day.

Council will advertise the change of meeting dates.

 

  


Council Meeting                                                                                           1 October 2019

5.2     National Local Roads and Transport Congress 2019

RECORD NUMBER:       2019/2039

AUTHOR:                       Catherine Davis, Executive Support Manager    

 

 

EXECUTIVE Summary

The National Local Roads and Transport Congress will be held in Hahndorf, Adelaide Hills, South Australia from 18-20 November 2019. This Congress is hosted by the Australian Local Government Association (ALGA). Traditionally the Chairperson of the Infrastructure Policy Committee and relevant Council staff have attended this Congress

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “16.1 Collaborate - Work in partnership with other Councils, regional organisations and State and Federal Governments”.

Financial Implications

The cost of this Conference and associated accommodation/flights are provided for in the current Delivery/Operational Plan. Registration fees are $990 per delegate plus flights SYD/ADL are approximately $1000 return plus accommodation at approximately $200/night for 3 nights and possibly car hire.

Policy and Governance Implications

In accordance with Council’s Strategic Policy ST020 Councillors – Payment of Expenses and Provision of Facilities, Section 6.7 “Councillors seeking approval for any interstate and long distance intrastate travel must submit a case to, and obtain the approval of, the Chief Executive Officer prior to travel”. Upon approval by the Chief Executive Officer, Council will meet the cost of registration, accommodation and travel expenses to a maximum of $4,000 per annum for interstate travel across all Councillors. If a partner/spouse attends, all expenses are to be covered by the Councillor.

 

 

Recommendation

That Council resolve Councillor attendance for the National Local Roads and Transport Congress to be held in Hahndorf, South Australia on 18-20 November 2019.

 

further considerations

Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.


 

SUPPORTING INFORMATION

The Congress is an opportunity for councils to come together as a united force to develop and refine a coherent national case for improved investment in Local Government roads as well as in other transport infrastructure for which Local Government is responsible that impacts on our community. The Congress is the only national Local Government event devoted entirely to roads and transport.

 

The preliminary program is as per below:

Preliminary Program

MONDAY 18 NOVEMBER 2019

10.00am

TECHNICAL TOURS

1.00pm

LIGHT LUNCH

1.45pm

OPENING CEREMONY
Welcome to Country
Mayor Ann Ferguson - Welcome to Mount Barker

2.00pm

OPENING ADDRESS
David O’Loughlin, President, Australian Local Government Association

2.20pm

GOVERNMENT ADDRESS (invited)
The Hon Michael McCormack MP, Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development

3.00pm

AFTERNOON TEA

3.30pm

The State of Australia’s Infrastructure
Romily Madew AO, CEO Infrastructure Australia

4.00pm

UK Perspective on Funding Local Roads

Matthew Lugg OBE, Head of Profession, Local Government, WSP, UK

4.30pm

ARRB and its Work with Local Government

Michael Caltabiano, CEO, Australian Road Research Board (ARRB)

5.00pm

WELCOME RECEPTION & EXHIBITION OPENING
Adelaide Hills Convention Centre

TUESDAY 19 NOVEMBER 2019

8.00am

LIGHT BREAKFAST

9.00am

The Future of Transport – How Local Government Can Benefit

9.30am

PANEL DISCUSSION
Preparing for the Transport Evolution
Lord Mayor Sandy Verschoor, Adelaide City Council

11.00am

MORNING TEA

11.30am

Drones – A New Take on First Mile, Last Mile and Asset Management
Andrew Chapman, Co-Director and Drone Operator, AUAV
Speaker TBC, Air Traffic Policy, Department of Infrastructure, Transport, Cities and Regional Development
Wing Australia, Speaker TBC

12.30pm

The Latest from Austroads
Richard Delplace, Network Program Manager, Austroads

1.00pm

LUNCH

2.00pm

Heavy Vehicle National Regulatory Review

2.30pm

Road Funding – What are We Asking for and Why
Matthew Lugg OBE, Head of Profession, Local Government, WSP, UK

3.00pm

AFTERNOON TEA

3.30pm

Circular Economy

4.30pm

ASSISTANT MINISTER ADDRESS (invited)
The Hon Scott Buchholz MP, Assistant Minister for Road Safety and Freight Transport

5.00pm

DAY TWO CONCLUDES

6.30pm

CONGRESS DINNER
Adelaide Town Hall

 

WEDNESDAY 20 NOVEMBER 2019

7.30am

LIGHT BREAKFAST

8.30am

Elimination of Harm from Road Use
Jeremy Woolley, Associate Professor, UniSA

9.00am

Making Our Roads Safer - The Big Picture
National Office of Road Safety Speaker TBC

10.00am

Mobility as a Service (MaaS)

10.20am

OPPOSITION ADDRESS
The Hon Catherine King MP, Shadow Minister for Infrastructure, Transport and Regional Development

10.50am

CLOSING ADDRESS
David O’Loughlin, President, Australian Local Government Association

11.00am

MORNING TEA

 

Concludes

 

 

 

  


Council Meeting                                                                                           1 October 2019

 

 

5.3     Request to enter into new Parking Agreement at Orange Central Square

RECORD NUMBER:       2019/1890

AUTHOR:                       Paul Johnston, Manager Development Assessments    

 

 

EXECUTIVE Summary

Orange City Council has an existing agreement with Charter Hall to carry out parking patrols at Orange Central Square (resolved by Council on 17 December 2013 to enter into such agreement).

Under such agreement, Council provides a parking area attendant for periods totalling six hundred and twenty four (624) hours per annum to supervise the Orange Central Square car park as a free parking area for a maximum parking period of two hours for which a vehicle may stop or park in the free parking area. Thereafter, Council issues infringement notices in respect of vehicles which stop or park in the said area in excess of the permitted maximum two-hour period.

Orange Central wishes to increase the parking limit from two hours to three hours and requests Council’s approval to update the existing agreement to reflect the same.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “9.2 Preserve - Ensure that adequate car parking spaces are available to support growth”.

Financial Implications

It is anticipated with the increase in parking times, whilst patrol hours will remain under the contract, a reduction in fines is predicted to a value of around $40,000.

Policy and Governance Implications

Nil

 

Recommendation

1          That Council resolve to support the proposal to enter into a new parking agreement with Orange Central Square on the basis of a three-hour patrol and that the General Manager be authorised to negotiate the finer details of the parking agreement with the owners or Manager of Orange Central Square at 227-237 Summer Street, Orange under Section 650(6) of the Local Government Act 1993 and on the terms of this report and to implement such parking agreement so that it is at full cost recovery and satisfactory to Council.

2          That permission be granted to affix the Council Seal on all relevant documents.

 

further considerations

Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.

 

SUPPORTING INFORMATION

The only means available for Council to set parking time rules and to enforce the parking rules on private land, is for Council to enter into a lease agreement with the owners of that land and to declare that land to be a Free Parking Area under Section 650(6) of the Local Government Act 1993.

Council has previously resolved to enter into such lease agreements with Orange Central Square, Orange City Centre, K-Mart and the Orange Summer Centre.

It should be noted that Council resolved at its meeting held 21 August 2018 to support a similar proposal from the Orange City Centre to enter into a new parking agreement with the Centre to increase the parking limit from two hours to three hours.  The Orange City Centre requested that patrols be conducted every three hours as the Centre was experiencing lower traffic flow and it felt by offering customers increased parking time that the businesses within the Centre would benefit.

The majority of parking patrols are carried out by Council’s parking attendants within the central area of the Central Business District (CBD). These patrols are designed to cover the main car parks, other nearby minor car parks and on-street parking such that the parking attendant can return to carry out checks of the marks placed on the tyres of vehicles shortly after the completion of the relevant time limit (usually two hours). Some patrols are carried out in areas outside the CBD, such as school zones or the fringe areas of the CBD, but these areas are patrolled on an irregular basis. 

Orange Central Square has requested that patrols be conducted every three hours instead of every two hours, citing similar reasons to those of the Orange City Centre stated above and that it will bring consistency across both shopping centres in Orange (refer to attached letter from Charter Hall dated 1 August 2019).  It should be noted that Charter Hall has indicated that Kmart wish to retain the two-hour parking limit and Charter Hall will ensure changes are made to existing signage which will highlight the proposed changes and clearly delineate the two separate car park areas.

Council staff have carried out a review of patrol scheduling throughout the City and have determined that it is possible for staff to patrol the Orange Central Square on a three-hour basis, should Council agree to do so. Council staff have identified the following issues for consideration in determining whether or not to support the request:

§  May lead to confusion for shoppers having different time limits in different shopping centres and, in particular, K-Mart and Orange Central Square car parks. Emphasis would need to be placed on clear signage.

§  Technically challenging but possible for staff to patrol the car park with three patrols on a on a three hour basis.

§  It will change the manner in which staff patrol the surrounding street networks in terms of sequencing.

Attachments

1          Request increase parking limit - two hours to three hours - Orange Central Square, IC19/16796

 


Council Meeting                                                                                                                   1 October 2019

Attachment 1      Request increase parking limit - two hours to three hours - Orange Central Square

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Council Meeting                                                                                           1 October 2019

6     Closed Meeting - See Closed Agenda

The General Manager will advise the Council if any written submissions have been received relating to any item advertised for consideration by a closed meeting of Orange City Council.

The Mayor will extend an invitation to any member of the public present at the meeting to make a representation to Council as to whether the meeting should be closed for a particular item. 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.

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     Asphalt Plant 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 (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     Shiralee Road Land Acquisition

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.

 

 


Council Meeting                                                                                           1 October 2019

6.1     Asphalt Plant Orange

RECORD NUMBER:       2019/1947

AUTHOR:                       Nick Redmond, Manager Corporate and Community Relations    

Reason for Confidentiality

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.

 

 


Council Meeting                                                                                           1 October 2019

6.2     Shiralee Road Land Acquisition

RECORD NUMBER:       2019/1699

AUTHOR:                       Shirley Hyde, Legal and Property Officer    

Reason for Confidentiality

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.

 

  


Council Meeting                                                                                           1 October 2019

7       Resolutions from closed meeting