ORANGE CITY COUNCIL

 

MINUTES OF THE

Ordinary Council Meeting

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

ON 7 November 2017

COMMENCING AT 7.00pm


 1      Introduction

Attendance

Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr J Hamling, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr S Romano,  Cr G Taylor (7.21pm), Cr R Turner, Cr J Whitton

General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Manager Administration and Governance, Manager Corporate and Community Relations, Manager Financial Services, Operations Manager, Water and Sewerage Strategic Manager

 

RESOLVED - 17/458                                                                         Cr S Munro/Cr J Whitton

That Council allow the meeting to be live streamed and recorded.

 

 

1.1     APOLOGIES

 

RESOLVED - 17/459                                                                      Cr J Whitton/Cr S Romano

That the apologies be accepted from Cr K Duffy and Cr T Mileto (representing Council at the National Roads Congress) for the Council Meeting of Orange City Council on 7 November 2017.

 

1.2     ACKNOWLEDGEMENT OF COUNTRY

 

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

Cr J Whitton declared a significant non-pecuniary interest in Planning and Development Committee - Item 2.3 – DA258/2015(1) - 131 and 199 Bargwanna Road as Cr Whitton previously owned this property and currently owns a neighbouring property.


 

LATE ITEM

RESOLVED - 17/460                                                                            Cr S Munro/Cr J McRae

That late item 6.2 - Director Technical Services Appointment – be dealt with at the Closed Meeting of Orange City Council held on 7 November 2017.

 

2       Mayoral Minutes

Nil

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.02PM

 

OPEN FORUM  

 

Mr Greg Kings - Planning and Development Committee - Item 2.7 – DA157/2017(2) – 122 and 124 McLachlan Street and Item 2.8 – DA158/2017(2) - 194 March Street

Mr Kings sought Council’s consent to defer construction of concrete driveways on these two developments.

Mr Cyril Smith - Council - Item 4.2 – Notice of Motion – Recreational Use – Suma Park Dam, Spring Creek Dam

Mr Smith requested Council undertake a cost-benefit analysis and risk assessment of the proposed recreational use, and suggested Council should continue to develop Lake Canobolas and Gosling Creek reserves and leave Suma Park and Spring Creek as they are.

Mr Andrew Saunders - Planning and Development Committee - Item 2.4 – DA211/2016(2) - 76 Hill Street

Mr Saunders sought Council’s consent for a garage rather than a carport.

Mr Nick King - Council - Item 4.2 – Notice of Motion – Recreational Use – Suma Park Dam, Spring Creek Dam

Mr King requested Council needs to consider environmental attributes, and encouraged Council to provide opportunities for all relevant community groups to be consulted on this proposal.

** Cr Taylor arrived at the meeting with the time being 7.21pm **

Mr Robert Linsell - Planning and Development Committee - Item 2.4 – DA211/2016(2) - 76 Hill Street

Mr Linsell sought Council’s approval for a garage rather than a carport.

Mr Gavin Gleeson - Planning and Development Committee - Item 2.3 – DA258/2016(1) - 131 and 199 Bargwanna Road

Mr Gleeson sought Council’s approval of the development application.


 

 

RESOLVED - 17/461                                                                          Cr S Munro/Cr S Nugent

That Council agree to defer consideration of Item 2.9 of the Planning and Development Committee agenda – DA244/2017(1) - 15 Etna Street - at the written request of the applicant. 

 

3       Confirmation of Minutes of Previous Meeting

RESOLVED - 17/462                                                                    Cr M Previtera/Cr J Hamling

That the Minutes of the Ordinary Meeting of Orange City Council held on 17 October 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 17 October 2017.

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.30PM

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.34PM

  

4       Notices of Motion/Notices of Rescission

4.1     Notice of Motion - Activities for Young People

TRIM Reference:        2017/2290

RESOLVED - 17/492                                                                       Cr S Romano/Cr S Nugent

That Council be provided a report on the activities of the Youth Action Council, and other youth related activities in Orange, and explore opportunities to promote and increase the membership of this group and the activities and events that are provided for young people.

 

 

4.2     Notice of Motion - Recreational Use - Suma Park Dam, Spring Creek Dam and Gosling Creek by Cr Romano

TRIM Reference:        2017/2296

RESOLVED - 17/493                                                                   Cr S Romano/Cr M Previtera

That Council receive a report on the costs and timeframe for allowing supervised fishing, camping and boating at Suma Park Dam, Gosling Creek Reserve and Spring Creek Dam, to include amenities, car parking and a camping ground.

 

 


 

4.3     Local Hotmix Plant

TRIM Reference:        2017/2327

RESOLVED - 17/494                                                                         Cr J Whitton/Cr G Taylor

1        That Council seek a hot-mix asphalt plant to be located in Orange to service the needs of the City of Orange and the region.

2        That Council prepare a business case for the establishment of a hot-mix asphalt plant in Orange.

 

 

5       General Reports

5.1     Community Committee Framework

TRIM Reference:        2017/2248

RESOLVED - 17/495                                                                         Cr G Taylor/Cr J Whitton

That Council defer consideration of the report on the Community Committee framework to allow Councillor representation on Community Committees to be discussed at a Councillor Briefing.

 

 

5.2     Private Hospital Precinct Planning Agreement

TRIM Reference:        2017/2240

RESOLVED - 17/496                                                                         Cr J Hamling/Cr R Turner

1        That the report by the Manager Corporate and Community Relations on the Private Hospital Precinct Planning Agreement be acknowledged.

2        That the offer be accepted and that the parties enter into a Planning Agreement prepared in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and associated Regulations.

3        That Council place the draft Planning Agreement for the Orange Private Hospital Precinct on public exhibition for 28 days.

 

 


 

 

5.3     Strategic Policy Review

TRIM Reference:        2017/2213

RESOLVED - 17/497                                                                           Cr S Nugent/Cr J McRae

That Council place the following draft Strategic Policies on public exhibition for a minimum of 28 days:

ST050 – Code of Meeting Practice

ST019 – Councillors Access to Information and their Interaction with Staff

ST020 – Councillors – Payment of Expenses and Provision of Facilities

ST029 – Donations and Grants

 

 

5.4     Christmas/New Year Recess

TRIM Reference:        2017/2153

RESOLVED - 17/498                                                                    Cr S Nugent/Cr M Previtera

1        That Council approves the Christmas close down from Monday 25 December 2017 and re-opening on Tuesday 2 January 2018.

2        That during the period from 23 December 2017 to 6 February 2018, Council delegate its function to determine development applications and planning matters, with the exception of matters that cannot be delegated under the Local Government Act 1993 or the Environmental Planning and Assessment Act 1979, in circumstances where it is unreasonable to defer consideration of the matter, to the Mayor, Chairperson of the Planning and Development Committee, and the General Manager (so that the General Manager and either the Mayor OR the Chairperson of the Planning and Development Committee, are available to determine matters).

 

 

5.5     Lease of Hangar Sites - Orange Airport

TRIM Reference:        2017/2253

RESOLVED - 17/499                                                                         Cr R Turner/Cr J Whitton

1        That Council enter into consecutive leases of five years each up to a maximum of 25 years for the lease of Hangar F and Hangar P at the Orange Airport.

2        That approval be granted for the use of the Council Seal on any necessary documentation if required.

 

 

QUESTION TAKEN ON NOTICE

Cr Munro requested information on increases in lease fees of hangar sites over recent years.

 

 

5.6     Quarterly Budget Review and Performance Indicators

TRIM Reference:        2017/2236

RESOLVED - 17/500                                                                          Cr J Hamling/Cr J McRae

1        That the information provided in the report on the quarterly budget and performance review for July to September 2017 be acknowledged.

2        That Council note the bank reconciliation statement.

3        That the variations arising from the September 2017 quarterly review amounting to an improvement of $11,665 be adopted.

 

 

5.7     Ministerial Approval Request to Form the Regional Independent Tourism Entity

TRIM Reference:        2017/2121

RESOLVED - 17/501                                                                         Cr J Hamling/Cr R Turner

1        That Orange City Council make an application to the Minister for Local Government under Section 358 of the Local Government Act 1993 seeking approval to participate in the formation of a corporation to be set up to deliver industry led regional tourism services for the Orange Region that would be administered as reflected in the draft constitution attached to the report.

2        That Council note the contents of the report that addresses the criteria the Minister may consider to be used as the basis for the submission to accompany the request for the approval to participate in the formation of the new entity.

 

 

5.8     Independent Members of the Audit and Risk Management Committee

TRIM Reference:        2017/2058

RESOLVED - 17/502                                                                           Cr S Nugent/Cr J McRae

1        That Council appoint Mr Phillip Burgett and Mr Bill Gillooly AM as the two independent members of the Audit and Risk Management Committee until September 2020 unless otherwise resolved by Council.

2        That a formal induction on the Committee’s purpose and responsibilities be arranged for Committee members.

3        That the proposed meeting of the Audit and Risk Management Committee scheduled for 24 November 2017 be deferred until after the induction of the members has been completed. 

 

 


 

 

5.9     Operational Management of the Ophir Road Resource Recovery Centre

TRIM Reference:        2017/2161

RESOLVED - 17/503                                                                             Cr J Whitton/Cr R Kidd

That the report by the Manager Waste Services and Technical Support detailing Operational Management of the Ophir Road Resource Recovery Centre be acknowledged.

 

 

QUESTIONS TAKEN ON NOTICE

Cr Turner requested additional information in relation to the training provided to those working at the Ophir Road Resource Recovery Centre in relation to customer service, charging on the weighbridge and other operations.

 

Council requested an inspection of the Ophir Road Resource Recovery Centre and Euchareena Road Resource Recovery Centre.


 

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.

 

RESOLVED - 17/504                                                                         Cr G Taylor/Cr J Whitton

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 Contract Project Management Services

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

6.2     Director Technical Services Appointment

          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 (a) personnel matters concerning particular individuals (other than Councillors).

 

     

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 9.25pm.

The Mayor declared the Ordinary Meeting of Council resumed at 9.38pm.


 

7       Resolutions from Closed Meeting

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

 

6.1     Tender for Contract Project Management Services

TRIM Reference:        2017/2088

RESOLVED - 17/505                                                                                Cr R Kidd/Cr J McRae

That the report on Tender for Contract Project Management Services be deferred for a Councillor Briefing by the General Manager.

 

 

 6.2    Director Technical Services Appointment (RESTRICTED - COUNCILLORS AND GENERAL MANAGER)

TRIM Reference:        2017/2356

RESOLVED - 17/506                                                                         Cr J Whitton/Cr G Taylor

That the report by the General Manager on Appointment Director Technical Services be acknowledged, together with the consultation which has occurred.

 

 

The Meeting Closed at 9.46PM

 

This is Page Number 9 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 7 November 2017.