MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 22 June 2017
COMMENCING AT 7.00pm
Attendance
Cr J Davis OAM (Mayor), Cr J Hamling (Deputy Mayor), Cr A Brown, Cr K Duffy (7.14pm), Cr R Gander, Cr C Gryllis, Cr R Kidd, Cr S Munro, Cr G Taylor (7.15pm), Cr R Turner, Cr J Whitton
General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Administration and Governance, Manager Corporate and Community Relations, Operations Manager
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RESOLVED - 17/259 Cr S Munro/Cr C Gryllis That Council allow the media to record the Council Meeting.
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1.1 APOLOGY
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RESOLVED - 17/260 Cr C Gryllis/Cr S Munro That the apology be accepted from Cr N Jones for the Council Meeting of Orange City Council on 22 June 2017. |
1.2 OPENING PRAYER
ANNE NEVILLE OF THE ST BARNABAS ANGLICAN CHURCH 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
Cr A Brown declared a pecuniary interest in item 5.4 – Orange LEP Amendment 9 – Orange Airport Industrial Park – Submissions Report as an agent negotiating with an adjacent property owner.
Cr J Whitton declared a pecuniary interest in item 5.4 – Orange LEP Amendment 9 – Orange Airport Industrial Park – Submissions Report as family owns land in close proximity to the site.
Cr A Brown declared a pecuniary interest in item 5.7 – Development Application DA 53/2017(1) – 30 Telopea Way as he was involved in previous sale of this property.
Cr C Gryllis declared a pecuniary interest in item 5.7 – Development Application DA 53/2017(1) – 30 Telopea Way as a real estate agent acting in the area.
Cr R Turner declared a pecuniary interest in item 5.7 – Development Application DA 53/2017(1) – 30 Telopea Way as he owns property in the area.
Cr C Gryllis declared a pecuniary interest in item 6.3 – Land Sale – 30 Colliers Avenue as a real estate agent acting in this area.
Nil
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.04PM
OPEN FORUM
Item 5.4 – Orange LEP Amendment 9 – Orange Airport Industrial Park Submissions Report
Ms Kerry Rains
Ms Rains outlined her objections to the proposal.
Susannah Playfair
Ms Playfair outlined her objections to the proposal on behalf of the Spring Hill and surrounding districts consultative committee.
** Cr Duffy arrived at the meeting with the time being 7.14pm **
** Cr Taylor arrived at the meeting with the time being 7.15pm **
Cyril Smith
Mr Smith outlined his objections to the proposal.
John Holliday
Mr Holliday outlined his objections to the proposal.
Paul Knight
Mr Knight outlined his objections to the proposal.
Tony Smith
Mr Smith outlined his objections to the proposal.
Tim Wise
Mr Wise outlined his objections to the proposal.
Anne Salter
Ms Salter outlined her objections to the proposal.
THE OPEN FORUM CONCLUDED AT 7.35PM
3 Confirmation of Minutes of Previous Meeting
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RESOLVED - 17/261 Cr S Munro/Cr R Gander That the Minutes of the Ordinary Meeting of Orange City Council held on 6 June 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 6 June 2017. |
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RESOLVED - 17/262 Cr R Kidd/Cr R Gander That the Minutes of the Extraordinary Meeting of Orange City Council held on 13 June 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 13 June 2017. |
4 Notices of Motion/Notices of Rescission
Nil
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TRIM Reference: 2017/1164 |
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RESOLVED - 17/263 Cr R Gander/Cr R Turner 1 That the resolutions made by the Planning and Development Committee at its meeting held on 6 June 2017 be noted. 2 That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 6 June 2017 be noted. 3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 6 June 2017 be noted. 4 That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 6 June 2017 be noted. 5 That the resolutions made by the Finance Policy Committee at its meeting held on 6 June 2017 be noted. 6 That the resolutions made by the Services Policy Committee at its meeting held on 6 June 2017 be noted.
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TRIM Reference: 2017/1210 |
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RESOLVED - 17/264 Cr J Whitton/Cr S Munro That the information provided in the report by the Manager Administration and Governance on Questions Taken on Notice be acknowledged.
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Council requested the City of Orange Traffic Committee consider the proposal to open Franklin Road at the Peisley Street intersection. |
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Cr Kidd requested an update on Barkers Cottage at Lucknow, and noted that this request had been made previously. |
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TRIM Reference: 2017/1137 |
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RESOLVED - 17/265 Cr K Duffy/Cr S Munro 1 That Council receives the Statement of Investments as at 31 May 2017. 2 That Council receives and adopts the certification of the Responsible Accounting Officer.
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5.4 Orange LEP Amendment 9 - Orange Airport Industrial Park - Submissions Report TRIM Reference: 2017/333 |
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Cr A Brown declared a pecuniary interest in this item as an agent negotiating for adjacent property owner, left the Chamber and took no part in the debate or voting on this item. Cr J Whitton declared a pecuniary interest in this item as family owns land in close proximity to the site, left the Chamber and took no part in the debate or voting on this item. |
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MOTION Cr J Davis/Cr R Turner 1 That, having considered the report by the Director Development Services and the submissions made following exhibition, Council resolves in accordance with Section 59 of the Environmental Planning and Assessment Act 1979 to proceed with Amendment 9 to Orange Local Environmental Plan 2011 subject to: · the proposed IN1 General Industrial zone being altered to IN2 Light Industrial zone and including as additional permissible uses Rural Industries, Agricultural Produce Industries and Freight Transport Facilities · an Additional Permitted Use listing being added to schedule 1 of the Local Environmental Plan to enable Industrial Training Facilities in the proposed B7 area 2 That in the event that the additional permissible uses for Rural Industries, Agricultural Produce Industries and Freight Transport Facilities are not included for land in the IN2 Light Industrial Zone, the IN1 General Industrial zone in the original proposal be maintained. 3 That as the changes are made to address community submissions and in consultation with the Department of Planning and Environment, the proposal not be re-exhibited. 4 That, in consultation with the Department of Planning and Environment, the proposal be forwarded to the Parliamentary Counsel Office for legal opinion and subject to a satisfactory outcome the matter being submitted to Department of Planning and Environment for final determination and publication.
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AMENDMENT Cr R Kidd/Cr S Munro 1 That consideration of Orange LEP Amendment 9 – Orange Airport Industrial Park – Submissions report, be deferred until after the next Local Government election. 2 That further additional reports on the proposal be provided. |
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THE AMENDMENT ON BEING PUT TO THE MEETING WAS LOST THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED |
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RESOLVED - 17/266 Cr J Davis/Cr R Turner 1 That, having considered the report by the Director Development Services and the submissions made following exhibition, Council resolves in accordance with Section 59 of the Environmental Planning and Assessment Act 1979 to proceed with Amendment 9 to Orange Local Environmental Plan 2011 subject to: · the proposed IN1 General Industrial zone being altered to IN2 Light Industrial zone and including as additional permissible uses Rural Industries, Agricultural Produce Industries and Freight Transport Facilities · an Additional Permitted Use listing being added to schedule 1 of the Local Environmental Plan to enable Industrial Training Facilities in the proposed B7 area 2 That in the event that the additional permissible uses for Rural Industries, Agricultural Produce Industries and Freight Transport Facilities are not included for land in the IN2 Light Industrial Zone, the IN1 General Industrial zone in the original proposal be maintained. 3 That as the changes are made to address community submissions and in consultation with the Department of Planning and Environment, the proposal not be re-exhibited. 4 That, in consultation with the Department of Planning and Environment, the proposal be forwarded to the Parliamentary Counsel Office for legal opinion and subject to a satisfactory outcome the matter being submitted to Department of Planning and Environment for final determination and publication.
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Division of Voting |
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Voted For |
Cr J Davis OAM (Mayor), Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr G Taylor, Cr R Turner |
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Voted Against |
Cr K Duffy, Cr R Kidd, Cr S Munro |
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Absent |
Cr J Whitton, Cr A Brown, Cr N Jones |
NOTICE OF A RESCISSION MOTION WAS GIVEN BY CR DUFFY
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TRIM Reference: 2017/1200 |
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RESOLVED - 17/267 Cr J Hamling/Cr S Munro That Council approves the East Fork Road Project in accordance with its obligations under Part 5 of the Environmental Planning & Assessment Act 1979.
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5.6 Future of Department of Primary Industries Land in South Orange TRIM Reference: 2016/2475 |
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RESOLVED - 17/268 Cr R Turner/Cr S Munro 1 That Council seek an undertaking from the NSW Government to allow Council to prepare a revised concept master plan and Development Control Plan for the Department of Primary Industries Bloomfield site. 2 That Council note the indicative layout plan included in the report illustrating a potential alternative approach to the Department of Primary Industries Bloomfield site. 3 That Council investigates the zoning and timing of a south Orange shopping precinct.
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TRIM Reference: 2017/1249 |
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Cr A Brown declared a pecuniary interest in this item as he was involved in previous sale of property, left the Chamber and took no part in the debate or voting on this item. Cr C Gryllis declared a pecuniary interest in this item as a real estate agent acting in the area, left the Chamber and took no part in the debate or voting on this item. Cr R Turner declared a pecuniary interest in this item as he owns property in the area, left the Chamber and took no part in the debate or voting on this item. |
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RESOLVED - 17/269 Cr S Munro/Cr J Hamling That Council consents to development application DA 53/2017(1) for Subdivision (four lot Torrens), Subdivision (eight lot Community Title), Dwelling Houses (nine) and Medical Centre at Lot 16 DP 1210246 - 30 Telopea Way, 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 K Duffy, Cr R Gander, Cr J Hamling, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr J Whitton |
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Voted Against |
Nil |
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Absent |
Cr C Gryllis, Cr R Turner, Cr A Brown, Cr N Jones |
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TRIM Reference: 2017/1177 |
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RESOLVED - 17/270 Cr J Hamling/Cr S Munro That $749 be provided to Bloomfield Junior Rugby League Football Club from the remaining Councillor unspent allocation being $450 Cr Whitton and $299 from Cr Taylor.
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TRIM Reference: 2016/2415 |
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RESOLVED - 17/271 Cr R Gander/Cr R Kidd That the following Strategic Policies be placed on public exhibition: - ST010 - Code of Conduct - ST050 - Code of Meeting Practice - ST001 - Asbestos Management
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TRIM Reference: 2017/1184 |
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RESOLVED - 17/272 Cr J Whitton/Cr R Kidd 1 That expressions of interest be called for independent members of Council’s Audit and Risk Management Committee. 2 That Council reappoint Mr Phil Burgett as an independent member and Chair of the Audit and Risk Management Committee until September 2017.
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TRIM Reference: 2017/1259 |
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RESOLVED - 17/273 Cr S Munro/Cr J Hamling That Council seek quotations for its insurance coverage for the 2018/19 year and beyond via a tender process.
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TRIM Reference: 2017/1172 |
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RESOLVED - 17/274 Cr J Hamling/Cr R Turner That Council note the report and the policy reforms to be implemented.
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5.13 Industry Led Tourism Entity Proposal TRIM Reference: 2017/1018 |
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RESOLVED - 17/275 Cr R Gander/Cr R Turner 1 That Council seek advice from the Office of Local Government on the issues identified about the formation of corporations as outlined in the report, seeking Ministerial approval if required. 2 That Council resolves that there are extenuating circumstances not to tender the regional tourism services given the ability of the industry led tourism entity to deliver the involvement of tourism operators in the region in order to achieve the regional tourism marketing tasks in Council’s Tourism Strategy which would be unable to be delivered by another entity. 3 That upon the completion of item 1, a three year performance based funding agreement with the industry led tourism entity be entered into, for $377,000 in year 1, $386,425 in year 2 and $396,086 in year 3 (all ex GST). 4 That a performance based funding agreement with specified key performance indicators to monitor performance based on the draft agreement provided be entered into so that Council can monitor the delivery of the activities. 5 That a Service Level Agreement illustrating the services from the Visitor Information Centre be entered into based on the draft service level agreement provided. 6 That an interim funding agreement for a three month period with a three month option be entered into on a pro-rata rate with TDO Ltd to ensure the delivery of tourism services is maintained if there is a delay in getting advice on the need for a Ministerial approval. 7 That the Council seal be applied to any documents as required.
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TRIM Reference: 2017/1104 |
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RESOLVED - 17/276 Cr J Hamling/Cr S Munro That Council endorse the Blayney Cabonne Orange Disability Inclusion Action Plan 2017-2021 with the removal of the first action under point 3 of Systems and Processes as this action is outside the adopted Charter of the Ageing and Access Community Committee.
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TRIM Reference: 2017/982 |
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RESOLVED - 17/277 Cr J Whitton/Cr S Munro That the report on the Animal Shelter Project be acknowledged.
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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.
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RESOLVED - 17/278 Cr K Duffy/Cr R Kidd 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 for Supply of Roadbase Materials 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 Tender for Supply of Ready Mixed Concrete 2017-2019 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. 6.3 Land sale - 30 Colliers Avenue 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. 6.4 Complaints under Orange City Council Code of Conduct (RESTRICTED) This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (i) alleged contraventions of any code of conduct requirements applicable under section 440. |
The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 9.40pm.
The Mayor declared the Ordinary Meeting of Council resumed at 10.23pm.
7 Resolutions from Closed Meeting
The Director Corporate and Commercial Services read out the following resolutions made in the Closed Meeting of Council.
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TRIM Reference: 2017/1101 |
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RESOLVED - 17/279 Cr R Kidd/Cr S Munro 1 That Council enters into a standing panel contract arrangement with Boral Resources (Country) Pty Ltd, Colemans Earthmoving and Plant Hire Pty Ltd, Hamcon Civil Pty Ltd and Hanson Construction Materials for the supply of roadbase materials. 2 That purchases under this panel contract be made that are most advantageous to Council based on cost, availability, continued compliance with specifications and ongoing materials performance. 3 That the approval be granted for the use of the Council Seal on any relevant document if required.
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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 R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton, Cr A Brown |
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Voted Against |
Nil |
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Absent |
Cr N Jones |
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TRIM Reference: 2017/1102 |
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RESOLVED - 17/280 Cr K Duffy/Cr S Munro 1 That Council enter into a supply panel contract with Hanson Construction Materials, Holcim (Australia) Pty Ltd and Mid Western Mini Mix for the two year period commencing 1 July 2017 for 20 MPa, 25 MPa and 32 MPa standard mix concrete and 32 MPa kerb and gutter mix. 2 That purchases under this panel contract be made that are most advantageous to Council based on volume and access restrictions. 3 That approval be granted for the use of the Council Seal on any relevant document if required.
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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 R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton, Cr A Brown |
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Voted Against |
Nil |
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Absent |
Cr N Jones |
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Cr Taylor requested information on Council’s testing regime for quality of concrete. Information to be circulated to Councillors. |
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TRIM Reference: 2017/1166 |
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Cr C Gryllis declared a pecuniary interest in this item as a real estate agent acting in the area, left the Chamber and took no part in the debate or voting on this item. |
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RESOLVED - 17/281 Cr K Duffy/Cr S Munro 1 That Council sell 30 Colliers Avenue for $80m2 (ex GST) noting the flow on effects from jobs created and ongoing trading of the business which as the outcomes of the expansion. 2 That the proceeds be transferred to the Land Development Reserve. 3 That permission be granted for the use of the Council Seal on any relevant document if required.
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TRIM Reference: 2017/1203 |
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RESOLVED - 17/282 Cr R Gander/Cr J Davis 1 That Council invite the subject Councillor to make an oral presentation to Council in relation to the recommended sanctions listed in the final reports in accordance with clause 8.47 of the Orange City Council Procedures for the Administration of the Code of Conduct. 2 That Council determines any actions to be implemented arising from the recommendations contained in the final reports of the Conduct Reviewer. 3 That Council deal with three matters separately.
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Cr Duffy made a presentation to Council, then left the meeting.
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RESOLVED - 17/283 Cr J Davis/Cr G Taylor That Council determines the recommendations are in accordance with Clause 8.35 (d) to (h) of the Procedures for the Administration of the Code of Conduct and consideration of those matters contained in Clause 8.37 of the Procedures: 1 That Councillor Duffy be formally censured by Council for the breaches under Section 440 of the Local Government Act. 2 That the matters be referred to the Office of Local Government for further action under the misconduct provisions of the Act. 3 That the Mayor and Chairperson of Committees be encouraged to have included in minutes of meetings, any concerns they may have with the behaviour of Councillors at those meetings.
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RESOLVED - 17/284 Cr J Davis/Cr S Munro That as Councillor Duffy has breached Clauses 3.1c), d) and e), Clause 3.2, Clause 3.3 and Clauses 6.7 e) and f) of the Council’s Code of Conduct: 1 That Council require Councillor Duffy to apologise to Ms Catlin during an Open Council Meeting in the following terms: “Mr Mayor At the Council Meeting on 4 October 2016 I advised Council that Ms Catlin had failed to copy and distribute two (2) emails I had requested of her. I wish to retract that statement and apologise to Ms Catlin for this inaccuracy.” 2 That the apology from Councillor Duffy occur at the next ordinary meeting of Council following the adoption of this recommendation.
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RESOLVED - 17/285 Cr J Davis/Cr G Taylor That as Councillor Duffy has breached Clause 6.7 a) of the Council’s Code of Conduct: 1 That Council direct Councillor Duffy to issue an unreserved letter of apology to Mr Redmond (requesting he provide to the Council employee concerned) for approaching that employee to discuss day to day operational matters of the Council. 2 That the letter of apology be provided by Councillor Duffy to Mr Redmond within 14 days of the adoption of this recommendation. 3 That Mr Redmond advise the General Manager if the letter of apology is not received within 14 days and if necessary the matter be brought back to Council. 4 That Council direct Councillor Duffy to comply with the requirements of the Council’s Code of Conduct in the future.
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Cr Russell Turner requested the minutes record that he did not participate in the debate on this item, or vote on the matters.
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RESOLVED - 17/286 Cr C Gryllis/Cr R Kidd That Council write to the Office of Local Government, Minister for Local Government, LGNSW, Australian Local Government Association and CENTROC expressing concerns about Code of Conduct application, particularly around Councillors determining sanctions resulting from investigations. |
The Meeting Closed at 10.25PM
This is Page Number 14 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 22 June 2017.