MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 3 July 2018
COMMENCING AT 7.00pm
Attendance
Cr J McRae (Deputy Mayor), Cr K Duffy, Cr T Mileto, Cr S Nugent, Cr M Previtera, Cr S Romano, 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 Corporate and Community Relations, Operations Manager, Governance Coordinator, Manager Engineering Services
** In the absence of the Mayor, Cr McRae chaired the Meeting. **
1.1 APOLOGIES
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That the apologies be accepted from Cr R Kidd (Mayor), Cr J Hamling, Cr S Munro and Cr G Taylor for the Council Meeting of Orange City Council on 3 July 2018. |
1.2 LIVESTREAMING AND RECORDING
The Deputy Mayor advised that the meeting was being livestreamed and recorded.
1.3 ACKNOWLEDGEMENT OF COUNTRY
1.4 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Cr K Duffy declared an interest in item 6.2 – Question on Notice – Legal Expenses of Councillors (Strictly Confidential and Privileged) following advice from Council staff.
Nil
CR MCRAE CONGRATULATED JAKE CLARK ON HIS YOUTH OF THE MONTH AWARD
THE DEPUTY MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.05PM
OPEN FORUM
Planning and Development Committee – Item 2.4 – DA 305/2016 - 168 Shiralee Road
Ms Gemma Dwyer
Ms Dwyer outlined her concerns as an adjoining property owner.
Mr Garry Coulson
Mr Coulson outlined his concerns as an adjoining property owner.
Planning and Development Committee – Item 2.5 – DA 138/2018 – Lot 211 Lily Place
Mr Cyril Smith
Mr Smith outlined his concerns regarding stormwater drainage.
THE DEPUTY MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.20PM
3 Confirmation of Minutes of Previous Meeting
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RESOLVED - 18/280 Cr S Romano/Cr M Previtera That the Minutes of the Ordinary Meeting of Orange City Council held on 19 June 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 19 June 2018. |
THE DEPUTY MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.21PM
THE DEPUTY MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.57PM
4 Notices of Motion/Notices of Rescission
** Cr Romano left the Chamber with the time being 8.57pm**
** Cr Romano returned to the Chamber with the time being 8.58pm**
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TRIM Reference: 2018/1598 |
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RESOLVED - 18/301 Cr S Nugent/Cr T Mileto That Council prepare a report on the legislative, policy and operational options that could be considered in Orange for: 1 Reducing the number of significant trees removed/destroyed in new sub-division and in-fill developments. 2 Better protection and ensuring the survival of trees to be retained in new sub-division and in-fill developments. 3 Maximising the survival rate of replacement trees planted in compliance with conditions of consent for development applications. 4 Protecting street trees across the city. 5 That the variety of trees are suitable to the environment in which they are planted.
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4.2 Notice of Motion - Cities Power Partnership - Bathurst E-1000 Electronic Vehicle Road Test and Roundtable TRIM Reference: 2018/1599 |
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RESOLVED - 18/302 Cr S Nugent/Cr K Duffy That the report on the Bathurst E-1000 Electric Vehicle Road Test and Roundtable held on 29 May 2018 by Cr Stephen Nugent be acknowledged.
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TRIM Reference: 2018/1609 |
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RESOLVED - 18/303 Cr J McRae/Cr R Turner That Council acknowledge Orange Rail Action Group’s efforts in advocacy for improved rail services.
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4.4 Notice of Motion - Invitation of Candidates for Upcoming State Election to Address Council and Invitation to Deputy Premier regarding Boundary Adjustments TRIM Reference: 2018/1610 |
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RESOLVED - 18/304 Cr K Duffy/Cr S Romano That Council write to and invite all Candidates in the March 2019 NSW State Election to Address Council at the Open Forum.
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RESOLVED - 18/305 Cr K Duffy/Cr S Romano That Council write to and invite the Deputy Premier to address Council as to when he is going to deliver the LGA Boundary Adjustments as promised to Orange Council and other sections of the community that requested adjustments in good faith.
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TRIM Reference: 2018/1617 |
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RESOLVED - 18/306 Cr K Duffy/Cr M Previtera That Council receive a Quarterly Report on All Development Applications lodged with Council that are over 3 months old.
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TRIM Reference: 2018/1460 |
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RESOLVED - 18/307 Cr S Nugent/Cr K Duffy 1 That Council receives the Statement of Investments as at 31 May 2018. 2 That Council receives and adopts the certification of the Responsible Accounting Officer.
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TRIM Reference: 2018/1329 |
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RESOLVED - 18/308 Cr S Nugent/Cr K Duffy 1 That Council adopt the following draft Strategic Policies after only minor formatting updates: · ST132 – Overdraft Facilities · ST005 – Loan Guarantee · ST100 – Vandalism Reporting Reward Scheme
2 That Council adopt the following policies which have been exhibited for 28 days: · ST042 – Investment of Council Funds · ST032 – Gallery – Collection · ST036 – Gallery – Exhibitions · ST037 – Gallery – Public Art · ST038 – Gallery – Usage for Commercial Project Ventures · ST056 – Enterprise Risk Management · ST093 – Purchasing · ST095 – Debt Recovery · ST107 – Outdoor Dining Areas
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TRIM Reference: 2018/1120 |
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RESOLVED - 18/309 Cr S Nugent/Cr T Mileto That Council adopt the CENTROC panel of Conduct Reviewers.
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TRIM Reference: 2018/1404 |
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RESOLVED - 18/310 Cr K Duffy/Cr J Whitton That Council adopt the draft Orange, Blayney and Cabonne Regional Economic Development Strategy 2018-2022.
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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 Deputy 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 Deputy 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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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 Protocol for Providing Legal Advice relating to Development 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 (g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. 6.2 Question on Notice - Legal Expenses of Councillors (Strictly Confidential and Privileged) 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 (g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. 6.3 Personnel Matter 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 Deputy Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 10.07pm.
A five minute break was provided. The Closed Meeting commenced at 10.12pm.
The Deputy Mayor declared the Ordinary Meeting of Council resumed at 10.47pm.
7 Resolutions from Closed Meeting
The General Manager read out the following resolutions made in the Closed Meeting of Council.
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TRIM Reference: 2018/1604 |
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RESOLVED - 18/311 Cr J Whitton/Cr R Turner That the protocol for provision of legal advice relating to Development to closed Council meetings be endorsed as detailed in this report.
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TRIM Reference: 2018/1624 |
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Cr K Duffy declared an interest in this item and left the Chamber. He did not participate in the voting or debate on this item. |
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MOTION The Council resolves to note the report on compliance with the Local Government Act in relation to payment of legal expenses of Councillors. |
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AMENDMENT That Council appoint an independent body to investigate the matter. |
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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 - 18/312 Cr R Turner/Cr M Previtera The Council resolves to note the report on compliance with the Local Government Act in relation to payment of legal expenses of Councillors.
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RESOLVED - 18/313 That the verbal report by the General Manager be noted.
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The Meeting Closed at 10.48pm
This is Page Number 7 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 3 July 2018.