ORANGE CITY COUNCIL
Ordinary Council Meeting
Agenda
3 April 2018
Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that an Ordinary meeting of ORANGE CITY COUNCIL will be held in the Council Chamber, Civic Centre, Byng Street, Orange on Tuesday, 3 April 2018 commencing at 7.00pm.
Garry Styles
General Manager
For apologies please contact Michelle Catlin on 6393 8246.
Council Meeting 3 April 2018
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.
1.1 Apologies and Leave of Absence
1.2 Livestreaming and Recording
1.3 Acknowledgement of Country
COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE OPEN FORUM
3 Confirmation of Minutes of Previous Meeting
3.1 Minutes of the Ordinary Meeting of Orange City Council held on 20 March 2018
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 Jeff Whitton
Infrastructure - Chaired by Cr Sam Romano
Sport and Recreation - Chaired by Cr Jason Hamling
Environmental Sustainability - Chaired by Cr Stephen Nugent
Finance - Chaired by Cr Joanne McRae
Services - Chaired by Cr Kevin Duffy
4 Notices of Motion/Notices of Rescission
4.1 Notice of Motion - Investigation of an Archery Site by Cr Romano and Cr Previtera
4.2 Notice of Motion - ALGWA NSW Conference 2018 by Cr McRae
6 Closed Meeting - See Closed Agenda
6.1 Tenders for Traffic Signals on the Forest Road upgrade
7 Resolutions from closed meeting
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.
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.
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Recommendation It is recommended that Councillors now disclose any conflicts of interest in matters under consideration by the Council at this meeting.
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3 Confirmation of Minutes of Previous Meeting
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RECOMMENDATION That the Minutes of the Ordinary Meeting of Orange City Council held on 20 March 2018 (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 20 March 2018. |
Attachments
1 Minutes of the Ordinary Meeting of Orange City Council held on 20 March 2018
ORANGE CITY COUNCIL
MINUTES OF THE
Ordinary Council Meeting
HELD IN Lucknow School, Newman Street, Lucknow
ON 20 March 2018
COMMENCING AT 7.00pm
1 Introduction
Attendance
Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr K Duffy, Cr J Hamling (7.10pm), Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr S Romano, Cr G Taylor, Cr R Turner, Cr J Whitton
General Manager, Acting Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Administration and Governance
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RESOLVED - 18/089 Cr K Duffy/Cr S Nugent That Council allow the Central Western Daily to record the Meeting. |
1.2 ACKNOWLEDGEMENT OF COUNTRY
1.3 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Nil
2 Mayoral Minutes
Nil
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.05PM.
OPEN FORUM
General Discussion – Lucknow Village
Ms Anne Salter
Ms Salter thanked Council for meeting in Lucknow and discussed the importance of the Lucknow and surrounding areas in terms of water catchment and economic contribution to Orange.
** Cr Hamling arrived with the time being 7.10pm **
Ms Vivienne Carman
Ms Carman requested Council mow and maintain road verges in the Village and between the 100kph signs, and undertake regular maintenance to bus stops.
Mr Peter Campbell
Mr Campbell expressed concern in relation to the development application for a 24 hour service station in Lucknow. Mr Campbell lives next door to the proposed development and outlined concerns in relation to noise and traffic impacts, particularly after normal trading hours.
Mr Bruce Heinrich
Mr Heinrich, while supportive of the redevelopment of the service station, expressed concern in relation to proposed 24 hour trading and questioned whether such hours were needed.
Mr Heinrich requested Council consider kerb and guttering in the Village and ways to improve the streetscape. Mr Heinrich also requested Council consider footpaths and accessibility around the Village.
3 Confirmation of Minutes of Previous Meeting
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RESOLVED - 18/090 Cr S Romano/Cr S Munro That the Minutes of the Ordinary Meeting of Orange City Council held on 6 March 2018 (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 March 2018. |
4 Notices of Motion/Notices of Rescission
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4.1 Notice of Motion - Association of Mining Related Councils by Cr J McRae TRIM Reference: 2018/456 |
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RESOLVED - 18/091 Cr J McRae/Cr R Kidd That the report on the Association of Mining and Energy Related Councils from Cr Joanne McRae be acknowledged.
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4.2 Notice of Motion - Bells Line Of Road by Cr Hamling TRIM Reference: 2018/604 |
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RESOLVED - 18/092 Cr J Hamling/Cr R Kidd That Council propose to Centroc that a sub-committee of Centroc (or it’s successors) Councillors and industry representatives be formed to assist with the lobbying for, and promotion of, the need for the Bells Line Expressway/efficient and fast crossing of the Blue Mountains for the population of Central and Western NSW, its businesses and visitors.
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QUESTION TAKEN ON NOTICE Cr Kidd requested the General Manager prepare a summary of the current status of the Bells Line of Road to include previous Centroc reports and the NSW Government that include commentary on the Bells Line of Road to be circulated to Councillors. |
5 General Reports
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5.1 Recommendations and Resolutions from Policy Committees TRIM Reference: 2018/561 |
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RESOLVED - 18/093 Cr J Hamling/Cr S Munro 1 That the resolutions made by the Planning and Development Committee at its meeting held on 6 March 2018 be noted, with the amendment to the Division of Voting on item 2.3 to note that Councillors Kidd and Nugent were absent having declared an interest in this item and left the Chamber. 2 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 6 March 2018 be noted. 3 That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 6 March 2018 be noted. 4 That the resolutions made by the Finance Policy Committee at its meeting held on 6 March 2018 be noted.
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QUESTION TAKEN ON NOTICE Cr Nugent requested information on the requirement to provide accessible parking spaces for hotel/motel accommodation or restaurants. |
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5.2 Outstanding Questions Taken on Notice TRIM Reference: 2018/603 |
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RESOLVED - 18/094 Cr G Taylor/Cr J McRae That the information provided in the report by the Manager Administration and Governance on Questions Taken on Notice be acknowledged.
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5.3 Statement of Investments - February 2018 TRIM Reference: 2018/522 |
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RESOLVED - 18/095 Cr J Hamling/Cr K Duffy 1 That Council receives the Statement of Investments as at 28 February 2018. 2 That Council receives and adopts the certification of the Responsible Accounting Officer.
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5.4 Council consideration of recommendations from Community Committees TRIM Reference: 2018/612 |
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MOTION Cr J McRae/Cr M Previtera That the process for Council’s consideration of Community Committee recommendations as set out in this report be adopted. |
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AMENDMENT Cr G Taylor/Cr S Munro That agendas for all Community Committees, including supporting information, be made available on Council’s website, and this process be reviewed after six months. |
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The amendment on being put to the meeting was tied The mayor USED HIS castING VOTE against the amendment, and the amendment was lost The motion on being put to the meeting was carried
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RESOLVED - 18/096 Cr J McRae/Cr M Previtera That the process for Council’s consideration of Community Committee recommendations as set out in this report be adopted. |
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5.5 Establishment of a Joint Organisation of Councils TRIM Reference: 2018/397 |
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RESOLVED - 18/097 Cr J McRae/Cr K Duffy That, in accordance with Part 7 of Chapter 12 of the Local Government Act: 1 That Orange City Council inform the Minister for Local Government (Minister) of Council’s endorsement of the Minister recommending to the Governor the establishment of a Joint Organisation (Joint Organisation) in accordance with this resolution. 2 Council approve the inclusion of Orange City Council’s area in the Joint Organisation’s area. 3 The Joint Organisation be established to cover the Council’s area and any one or more of the following council areas: a Bathurst Regional Council, Blayney Shire Council, Cabonne Council, Cowra Shire Council, Forbes Shire Council, Lachlan Shire Council, Lithgow City Council, Oberon Council, Orange City Council, Parkes Shire Council and Weddin Shire Council. 4 On the expiry of a period of 28 days from the making of this resolution, the General Manager provide the Minister: a with a copy of this resolution including the date on which Council made this resolution b inform the Minister that this resolution has not been rescinded, for the purpose of the Minister issuing a certificate under section 400P of the Act.
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**Crs Munro, Taylor and Whitton requested their names be recorded as having voted against this decision of Council.**
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5.6 Gosling Creek Reserve Plan of Management TRIM Reference: 2018/156 |
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RESOLVED - 18/098 Cr G Taylor/Cr S Nugent That Council 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.
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5.7 2018 Australian Blue Stars (Tidy Towns) Awards TRIM Reference: 2018/489 |
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RESOLVED - 18/099 Cr K Duffy/Cr S Munro 1 That Council acknowledge the receipt of the award of the 2018 most sustainable town/city in regional NSW in the NSW Blue Stars Award (formerly Tidy Towns) which makes Council an automatic finalist in the Australian Tidy Towns Awards. 2 That Councillors McRae and Duffy be authorised to attend the Blue Stars Award event in Barmera in April 2018 with expenses to be met by the Councillors “Conferences” allocations. 3 That Tidy Towns Committee members Ms Wendy Fish and Mr Chris Gryllis and the Natural Resources Coordinator also attend the event at a cost of $4,500.
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5.8 Grant Funding and Project Priorities TRIM Reference: 2018/299 |
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RESOLVED - 18/100 Cr G Taylor/Cr R Kidd That Council note this report and note the grant submissions recently put forward to the State and Federal Governments and endorse the suggested project priority list.
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** Cr Nugent requested his name be recorded as having voted against this decision of Council. **
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QUESTION TAKEN ON NOTICE Cr Turner requested an update report on Wade Park, to include planned works and current funding. |
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5.9 2018 National General Assembly of Local Government - Call for Motions/Councillor Attendance TRIM Reference: 2018/533 |
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RESOLVED - 18/101 Cr J Hamling/Cr T Mileto 1 That Council determine any motions for submission to the National General Assembly. 2 That Councillors McRae, Duffy, Mileto, Munro and Whitton represent Orange at the National General Assembly to be held in Canberra 17 to 20 June 2018.
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MATTER ARISING
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RESOLVED - 18/102 Cr K Duffy/Cr S Munro That Council submit a motion seeking the Constitutional recognition of Local Government. |
MATTER ARISING
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RESOLVED - 18/103 Cr S Nugent/Cr R Kidd That Council submit a motion seeking the Department of Industry, Innovation and Science develop a program with a suggested title of ‘Smart Cities Partnership’ to provide councils with expert advice and resources to support their development in line with the Government’s Digital Economy Strategy. |
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5.10 Crown Land Negotiation Program TRIM Reference: 2017/2626 |
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RESOLVED - 18/104 Cr K Duffy/Cr R Kidd That the report on the Crown Land Negotiation Program be acknowledged.
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5.11 Minutes of the City of Orange Traffic Committee meeting - 13 February 2018 TRIM Reference: 2018/602 |
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RESOLVED - 18/105 Cr S Munro/Cr S Nugent 1 That Council acknowledge the reports presented to the City of Orange Traffic Committee at its meeting of 13 February 2018. 2 That Council adopt the recommendations of the City of Orange Traffic Committee with exception to items 3.5, 3.6, 3.13 and 3.15.
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In relation to Item 3.5 – Disabled Car Parking Available at Service NSW
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RESOLVED - 18/106 Cr S Nugent/Cr S Munro That Council request the City of Orange Traffic Committee reconsider their recommendation in relation to the disable car parking availability at Service NSW given Council’s concerns of the limited availability of spaces in that area and Council’s preference for action to be taken on this issue now rather than defer pending the Central Business District upgrade.
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In relation to Item 3.6 – Speeding Complaint – Hill Street
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RESOLVED - 18/107 Cr G Taylor/Cr J Whitton 1 That Council request additional Police patrols of Hill Street, north of Dalton Street, to the Kearneys Drive intersection, to monitor speeding. 2 That Council installs repeater 50kph speed signs in the section of Hill Street north of Dalton Street.
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In relation to Item 3.13 – Signage – Pass Cyclists Safely
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RESOLVED - 18/108 Cr S Nugent/Cr S Munro 1 That Council carries out education to encourage safe passing of cyclists on high cycle routes. 2 That staff review appropriate cyclist safety signage and provide a report to Council to include examples of signage used in other areas including Bathurst.
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In relation to Item 3.15 – Membership of City of Orange Traffic Committee
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RESOLVED - 18/109 Cr K Duffy/Cr S Romano That Council request the City of Orange Traffic Committee review the decision in relation to non-voting members of the Committee, noting Councils preference that non-voting members of the Committee be extended as per the Roads and Maritime Services Guidelines relating to Local Traffic Committees, to include a representative of: a Ministry of Transport b Fire Brigade c Ambulance Service d Bus Operator e Transport Workers Union f Chamber of Commerce
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5.12 Participation in Regional Procurement Process for Sewer Rehabilitation TRIM Reference: 2018/352 |
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RESOLVED - 18/110 Cr K Duffy/Cr S Nugent That Council participate in a regional contract for sewer rehabilitation (pipe relining).
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5.13 Proposed Amendment to Schedule of Fees and Charges - Choices at Home and Disability Services TRIM Reference: 2018/589 |
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RESOLVED - 18/111 Cr S Nugent/Cr G Taylor That the following amendments to the Schedule of Fees and Charges be placed on public exhibition:
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6 Closed Meeting
Nil
The Meeting Closed at 9.47PM
This is Page Number 9 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 20 March 2018.
4 Notices of Motion/Notices of Rescission
RECORD NUMBER: 2017/2291
We, CR Sam Romano and Cr Mario Previtera wish to move the following Notice of Motion at the Council Meeting of 3 April 2018:
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That Council investigate a suitable site for Olympic target archery for both outdoor and indoor opportunities.
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Background
We have received representations from Mr Gavin Kuczynski who is the President of the Orange Bowhunters Inc Club in regards to an indoor Olympic target archery facility being established within Orange. A similar facility can be seen in Canberra.
Traditionally target archery has attracted large numbers of participants competing at the Lower Lewis Ponds outdoor facility. Unfortunately weather often hinders competitions being held and thus turning away hundreds of potential competitors and visitors from all over Australia. Establishment of such an indoor facility would see greater participation in this sport in Orange and would attract major archery events, thus boosting visitor numbers to our City.
It would be ideal in the short term to use an existing facility such as the new Showground Pavilion if all safety measures were installed and approved by the appropriate authorities taking into consideration the financial implications.
I therefore would like Council staff to seek funding for the establishment of an indoor Olympic target archery facility within Orange.
Signed Cr Sam Romano Signed Cr Mario Previtera
STAFF COMMENT
As described in the motion Archery is available at the Orange and Bowhunters Inc site at Lower Lewis Ponds. To participate would require people to become members of the club.
This style of archery is simulated hunting with targets placed at non specified distances and is not target archery (similar to Olympics archery). There is the possibility that target archery could be established at this site which could be investigated.
The site is approximately 15km from the Orange Central Business District.
No indoor facility is available in the region.
RECORD NUMBER: 2018/713
I, CR Joanne McRae wish to move the following Notice of Motion at the Council Meeting of 3 April 2018:
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That the report on the Australian Local Government Women’s Association (ALGWA) NSW Conference 2018 by Cr Joanne McRae be acknowledged.
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Background
ALGWA NSW Conference 2018 - Gundagai
Thursday 15 - Friday 16 - Saturday 17 March 2018
Conference opened by Stephanie Cook MP - Member for Cootamundra and Cr Abb McAlister, Mayor of Cootamundra-Gundagai Regional Council.
Opening address: Cr Marianne Saliba, ALGWA NSW President
Range of speakers:
• Anna Daniels: Journalist/Writer (The Challenge to Astound Yourself)
• Freda Nicholls: local Author (Our Stories)
• Robyn Henderson: The Power of Networking
• Vivian Thomson: Australian Fire Service Medal recipient.
+ Attended breakout session with Robyn Henderson: Presentation Skills
• Sadie Morthern: United Services Union
• Dr Neryl East: Leadership in the spotlight
• Cr Coral Ross, ALGWA National President speaking on ALGWA’s role in supporting women in local government
• Jessica Grace: motivational speaker from Cootamundra
• Cr Leigh Bowden: Cootamundra-Gundagai Regional Council: feminism, social justice, a tree change and local government
• Melinda Gibson from Local Government Super: superannuation issues for local councillors and staff
• Cr Karen McKeown LGNSW Executive Member, on behalf of LGNSW President Linda Scott: call for more women to be elected to positions in local government, and more women in senior management roles.
• Samantha Gradon: Gundagai Youth Council Leader sharing her views on leadership, aspiration and making a difference.
The conference also included presentations pitching for the 2020 ALGWA NSW Conference: Cessnock and Shellharbour submitted bids. Won by Shellharbour.
Follow up for Orange - Opportunities:
* Consider nominating Orange to host future ALGWA NSW Conference: economic and tourism opportunity. Next Country round will be for 2022 Conference.
* Support/invite ALGWA to host a forum pre-election to provide information and support for women considering standing for council.
Signed Cr Joanne McRae
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.
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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 Tenders for Traffic Signals on the Forest Road upgrade 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. |
6.1 Tenders for Traffic Signals on the Forest Road upgrade
RECORD NUMBER: 2018/619
AUTHOR: Mark Frecklington, Assistant Works Manager
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.