MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 18 April 2017
COMMENCING AT 7.00pm
Attendance
Cr J Davis OAM (Mayor), Cr J Hamling (Deputy Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr N Jones, Cr S Munro, Cr G Taylor (7.38pm), Cr R Turner, Cr J Whitton
General Manager, Director Corporate and Commercial Services, Director Community, Recreation and Cultural Services, Manager Administration and Governance, Manager Corporate and Community Relations, Operations Manager, Works Manager, Manager Building and Environment, Acting Manager Development Assessment
1.1 APOLOGIES
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RESOLVED - 17/131 Cr K Duffy/Cr J Hamling That the apologies be accepted from Cr A Brown, Cr R Kidd and for lateness Cr G Taylor for the Council Meeting of Orange City Council on 18 April 2017. |
1.2 OPENING PRAYER
JON BAKER OF THE CHURCH OF CHRIST LED THE COUNCIL IN PRAYER
1.3 ACKNOWLEDGEMENT OF COUNTRY
1.4 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Item 5.4 - DA 4/2016(1) - 61B Moulder Street
Cr C Gryllis declared a less than significant non-pecuniary interest in this item as he is involved with the Architect as a managing agent.
Cr R Turner declared a less than significant non-pecuniary interest in this item as he is a close personal friend of some of the objectors.
The Mayor and Cr Gryllis welcomed Mr Jeff Hort from Jeff Hort Engineering, Abraham and Alison Akkary, Missionaries, and Michael Alpeno and Paul Foki from Mt Hagen. Michael and Paul are in Orange working with Jeff Hort Engineering to obtain welding certificates.
Nil
3 Confirmation of Minutes of Previous Meeting
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RESOLVED - 17/132 Cr S Munro/Cr R Gander That the Minutes of the Ordinary Meeting of Orange City Council held on 4 April 2017 (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 April 2017. |
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.13PM
OPEN FORUM
Item 5.4 – Development Application - 61B Moulder Street, Orange
Mr Ian Carter
Mr Carter outlined his objection to the development.
Mr Peter Grant
Mr Grant outlined his objection to the development.
Mr Scott Gilbank
Mr Gilbank outlined his objection to the development.
Ms Sarah Carter
Ms Carter outlined her objection to the development.
Ms Sally Sutherland
Ms Sutherland, Architect for the development at 61B Moulder Street, sought Council’s approval for the development.
** Cr Taylor arrived at the meeting with the time being 7.38pm **
Mr Daniel Fock
Mr Fock outlined his objections to the development.
THE OPEN FORUM CONCLUDED AT 7.49PM
4 Notices of Motion/Notices of Rescission
Nil
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TRIM Reference: 2017/665 |
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RESOLVED - 17/133 Cr J Whitton/Cr R Gander 1 That the resolutions made by the Planning and Development Committee at its meeting held on 4 April 2017 be noted. 2 That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 4 April 2017 be noted. 3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 4 April 2017 be noted. 4 That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 4 April 2017 be noted. 5 That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 4 April 2017 be noted. 6 That the resolutions made by the Finance Policy Committee at its meeting held on 4 April 2017 be noted. 7 That the resolutions made by the Services Policy Committee at its meeting held on 4 April 2017 be noted. |
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TRIM Reference: 2017/666 |
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RESOLVED - 17/134 Cr R Turner/Cr J Hamling That the information provided in the report by the Manager Administration and Governance on Questions Taken on Notice be acknowledged. |
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Cr Duffy requested the information on bats in Cook Park include reference to how Singleton have managed this issue. |
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TRIM Reference: 2017/634 |
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RESOLVED - 17/135 Cr C Gryllis/Cr K Duffy 1 That Council receives the Statement of Investments as at 31 March 2017. 2 That Council receives and adopts the certification of the Responsible Accounting Officer.
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TRIM Reference: 2017/655 |
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Cr C Gryllis declared a less than significant non-pecuniary interest in this item as he is involved with the Architect as a managing agent, left the Chamber, and did not participate in the voting or debate on this item. Cr R Turner declared a less than significant non-pecuniary interest in this item as he is a close personal friend of some of the objectors, left the Chamber, and did not participate in the voting or debate on this item. |
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MOTION Cr N Jones/Cr J Whitton That Council refuse DA 4/2016(1) for Dwelling Alterations and Additions at Lot 13 DP 1037756 - 61B Moulder Street, Orange, and a report be provided to Council outlining grounds for refusal. |
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AMENDMENT Cr S Munro/Cr R Gander That consideration of DA 4/2016(1) for Dwelling Alterations and Additions at Lot 13 DP 1037756 - 61B Moulder Street, Orange, be deferred pending an independent heritage consultant report on the development. |
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THE AMENDMENT, ON BEING PUT, WAS TIED. THE MAYOR USED THE CASTING VOTE AGAINST THE AMENDMENT, WHICH WAS LOST. THE MOTION, ON BEING PUT, WAS TIED. THE MAYOR USED THE CASTING VOTE AGAINST THE MOTION, WHICH WAS LOST. |
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RESOLVED - 17/136 Cr J Davis/Cr S Munro That Council consents to development application DA 4/2016(1) for Dwelling Alterations and Additions at Lot 13 DP 1037756 - 61B Moulder Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.
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Division of Voting |
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Voted For |
Cr J Davis (Mayor), Cr R Gander, Cr J Hamling, Cr S Munro, Cr G Taylor |
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Voted Against |
Cr K Duffy, Cr J Whitton, Cr N Jones |
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Absent |
Cr C Gryllis, Cr R Kidd, Cr R Turner, Cr A Brown |
* Cr Duffy gave notice of a Rescission Motion on DA 4/2016(1) – 61B Moulder Street. *
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TRIM Reference: 2017/627 |
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RESOLVED - 17/137 Cr R Turner/Cr R Gander 1 That Council support the concept plan as the basis for a planning proposal being forwarded to the Department of Planning and Environment for consideration and a Gateway Determination. 2 That, subject to the conditions and requirements of a Gateway Determination, the planning proposal be placed on public exhibition for 28 days.
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Division of Voting |
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Voted For |
Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton, Cr N Jones |
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Voted Against |
Nil |
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Absent |
Cr R Kidd, Cr A Brown |
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TRIM Reference: 2017/324 |
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RESOLVED - 17/138 Cr G Taylor/Cr S Munro 1 That Council note advice from the Office of Local Government that the identity of the Code of Conduct complainant not be revealed. 2 That a legally prepared statutory declaration be prepared for Councillors to sign on a voluntary basis to state they are not the complainant in the Code of Conduct matter relating to the 24 allegations.
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Cr Hamling asked what would happen with any completed statutory declarations. The Mayor indicated these would be reported to Council. |
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TRIM Reference: 2017/137 |
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MOTION Cr R Gander/Cr C Gryllis 1 That Council name the newly constructed Pavilion at the Orange Showground the “Presidents’ Pavilion”. 2 That the Red Arch be named after the Naylor Family, and in the event that the Red Arch is replaced, that its replacement carries that name. |
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AMENDMENT Cr G Taylor/Cr J Whitton That Council name the newly constructed pavilion at the Orange Showground the “Naylor Pavilion”. |
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THE AMENDMENT, ON BEING PUT, WAS TIED. THE MAYOR USED THE CASTING VOTE IN FAVOUR OF THE AMENDMENT, WHICH WAS CARRIED AND BECAME THE MOTION. THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED |
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RESOLVED - 17/139 Cr G Taylor/Cr J Whitton That Council name the newly constructed pavilion at the Orange Showground the “Naylor Pavilion”. |
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TRIM Reference: 2017/676 |
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MOTION Cr K Duffy/Cr C Gryllis That Council proceed with Option 1 for the construction of the toilet block incorporated into the CWA building in Robertson Park at a cost of $500,000. |
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AMENDMENT Cr N Jones/Cr S Munro That pending formal agreement with the CWA, Council proceed with option 2 as outlined in the report to build the Robertson Park toilet using the budget allocation of $230,000 (ex GST) plus up to $40,250 from reserves as follows: 1 Up to $25,000 (ex GST) for works on the CWA Hall 2 Up to $225,500 (ex GST) for works to construct the amenity and for fees for the project, including project management fees 3 Up to $19,750 (ex GST) being identified as contingency monies for any unknown issue that arises during the project build, held for allocation if necessary. |
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THE AMENDMENT ON BEING PUT TO THE MEETING WAS CARRIED AND BECAME THE MOTION THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED |
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RESOLVED - 17/140 Cr N Jones/Cr S Munro That pending formal agreement with the CWA, Council proceed with option 2 as outlined in the report to build the Robertson Park toilet using the budget allocation of $230,000 (ex GST) plus up to $40,250 from reserves as follows: 1 Up to $25,000 (ex GST) for works on the CWA Hall 2 Up to $225,500 (ex GST) for works to construct the amenity and for fees for the project, including project management fees 3 Up to $19,750 (ex GST) being identified as contingency monies for any unknown issue that arises during the project build, held for allocation if necessary. |
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TRIM Reference: 2017/591 |
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RESOLVED - 17/141 Cr C Gryllis/Cr R Turner That the update on the Southern Link Cycleway be acknowledged.
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TRIM Reference: 2017/529 |
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RESOLVED - 17/142 Cr R Turner/Cr S Munro That Council acknowledge the update report by the Water and Sewerage Strategic Manager on Improved Operating Procedures for Valves and Hydrants, including the intention to include a skid mounted vacuum unit and truck valued at $200,000 as an initiative in the 2017/18 budget.
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Cr Duffy asked a series of questions which will be the subject of a further report. |
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TRIM Reference: 2017/633 |
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RESOLVED - 17/143 Cr S Munro/Cr K Duffy That the report on Tenders and Procurement by the Director Technical Services be acknowledged.
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TRIM Reference: 2017/674 |
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RESOLVED - 17/144 Cr C Gryllis/Cr R Turner That Council note the report on North Sydney Council’s withdrawal from LGNSW.
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TRIM Reference: 2017/679 |
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RESOLVED - 17/145 Cr K Duffy/Cr S Munro That Council note the report on the Brand Orange funding agreement update, noting that failure of delivery of an item identified in the funding agreement may result in a reduction in the total cost of the services by up to $20,000.
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In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.
In response to a question from the Mayor, the General Manager advised that no written submissions had been received relating to any item listed for consideration by the Closed Meeting of Council.
The Mayor extended an invitation to any member of the public present at the meeting to make a presentation to the Council as to whether the meeting should be closed for a particular item.
Danielle Cetinski asked why Item 6.2 is being considered in closed.
Cyril Smith asked why Item 6.2 is being considered in closed.
The General Manager explained the item includes confidential information from the applicant.
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RESOLVED - 17/146 Cr K Duffy/Cr R Gander 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 Gold Coast 2018 Commonwealth Games Queen's Baton Relay Council Selected Batonbearer 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 Duntryleague Seeking Conversion of Loan 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 Outstanding Water Charges - Request to Write Off 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 9.49pm.
The Mayor declared the Ordinary Meeting of Council resumed at 10.44pm.
7 Resolutions from Closed Meeting
The Manager Administration and Governance read out the following resolutions made in the Closed Meeting of Council.
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TRIM Reference: 2017/587 |
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RESOLVED - 17/147 Cr R Gander/Cr C Gryllis That the Mayor and General Manager develop a shortlist of possible Batonbearers for the Queen’s Baton Relay, consistent with the selection and eligibility criteria, for Council’s determination at the next Council Meeting.
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TRIM Reference: 2017/607 |
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RESOLVED - 17/148 Cr C Gryllis/Cr J Davis That Council advise Duntryleague Golf Club that it does not consent to the conversion of the $66,000 interest free loan to a donation but will allow payments over the remaining term of the loan of $2,129.03 per month, noting any default will cancel the repayment plan and require full settlement of all outstanding amounts.
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RESOLVED - 17/149 Cr C Gryllis/Cr J Davis That Council place on exhibition the intention to donate to Duntryleague Golf Club, the costs of the removal of a tree for a value of up to $2,700 (ex GST) to be paid for from $850 from the Waste Budget for Materials and Contracts and the balance from the Urban Street Tree Care budget, bringing a report back to Council on any submissions received.
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TRIM Reference: 2017/629 |
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RESOLVED - 17/150 Cr C Gryllis/Cr R Gander That Council pursue full debt collection for all outstanding rates and charges on all properties identified in this report.
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The Meeting Closed at 10.46pm
This is Page Number 10 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 18 April 2017.