MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 4 December 2018
COMMENCING AT 7.00pm
Attendance
Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor (7.20pm), 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 Governance, Manager Corporate and Community Relations, Manager Building and Environment, Manager Development Assessments, Administration Trainee
Nil
The Mayor advised that the meeting was being livestreamed and recorded.
1.4 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Cr J McRae declared a less than significant non-pecuniary interest in item 5.1 (NSW Regional Technology Expo 2019) of the Council Meeting as she is a member of Rotary.
Cr J Hamling declared a less than significant non-pecuniary interest in item 2.6 of Planning and Development Committee (DA 136/2018(1) - 100 Bathurst Road) as he is on the Board of Ronald McDonald House.
Cr R Kidd declared a less than significant non-pecuniary interest in item 6.1 (Expression of Interest – New Animal Shelter) of the Council Meeting as he is neighbours with someone from the dog shelter.
Cr S Nugent declared a less than significant non-pecuniary interest in item 3.1 (Recreational Use of Gosling Creek) as he is a Committee member of Goldseekers Orienteering who are a user of Gosling Creek and that area.
LATE ITEMS
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RESOLVED - 18/537 Cr K Duffy/Cr S Nugent That the following late items be dealt with at the meeting of Orange City Council held on 4 December 2018: Item 2.1 – Mayoral Minute – Ophir Carpark Fees over the 2018 Christmas Period Item 4.2 – Notice of Motion – Level 3 Water Restrictions
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TRIM Reference: 2018/3009 |
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RESOLVED - 18/538 Cr K Duffy/Cr S Nugent That Council resolves to waive the parking fees of the Ophir Carpark for the period 5 December 2018 to 2 January 2019.
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THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.05PM
OPEN FORUM
Item 2.6 – PDC – DA 136/2018(1) – 100 Bathurst Road
Rachel McNeil
Ms McNeil spoke in favour of the Development Application.
Item 4.2 – CCL - Notice of Motion – Level 3 Water Restrictions
Mr Cyril Smith
Mr Smith spoke on the proposed water restrictions.
Police Numbers
Mr Adam Pifarelli spoke in support of increasing police numbers for Orange.
Item 2.9 – PDC – DA 329/2018(1) – 269-279 Summer Street (Robertson Park)
James Prosser-Fenn
Mr Prosser-Fenn spoke against the Development Application.
Harry Fardell
Mr Fardell spoke against the Development Application.
Bernard Charles Perkins
Mr Perkins spoke against the Development Application.
Stewart Church
Mr Church spoke against the Development Application.
Ryan Stewart
Mr Stewart spoke against the Development Application.
Item 3.1 – Recreational Use of Gosling Creek, Spring Creek and Suma Park Dams
Brad Simmons
Mr Simmons spoke against the Development Application.
Nicholas King
Mr King spoke against the Development Application.
Dr Cilla Kinross
Dr Kinross spoke against the Development Application.
Greg Thornton
Mr Thornton spoke against the Development Application.
Luke Brown
Mr Brown spoke for the Development Application.
Michael Lockyer
Mr Lockyer spoke against the Development Application.
Megan Goodwin
Ms Goodwin spoke against the Development Application.
Robert Smith
Mr Smith spoke against the Development Application.
Richard Walker
Mr Walker spoke against the Development Application.
Julie Park
Ms Park spoke against the Development Application.
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.40PM
3 Confirmation of Minutes of Previous Meeting
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RESOLVED - 18/539 Cr J Whitton/Cr S Romano That the Minutes of the Ordinary Meeting of Orange City Council held on 20 November 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 20 November 2018. |
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RESOLVED - 18/540 Cr J Hamling/Cr S Nugent That the Minutes of the Extraordinary Meeting of Orange City Council held on 27 November 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 27 November 2018. |
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RESOLVED - 18/541 Cr G Taylor/Cr S Nugent That Item 3.1 of the Sport and Recreation Policy Committee be moved and dealt with as part of the Council Meeting.
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AMENDMENT Cr S Romano/Cr M Previtera 1 That Council permit camping on the northern side of Gosling Creek within a designated area the use to be restricted by Orange City Council and not to impede on special events or activities. 2 That Council allow access to Spring Creek Dam for non-motorised and electric boating, fishing but not camping. 3 That Council allow RV parking within established car parks at Gosling Creek.
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NOTICE WAS GIVEN OF A FORESHADOWED AMENDMENT BY CR J MCRAE AND WAS SUBSEQUENTLY WITHDRAWN
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THE AMENDMENT ON BEING PUT TO THE MEETING WAS LOST WITH EQUALITY OF VOTING AND ON A CASTING VOTE WAS DEFEATED
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AMENDMENT Cr K Duffy/Cr M Previtera 1 That Council permit event camping on the northern side of Gosling Creek within a designated area at times determined by Orange City Council as not to conflict with events or activities.
2 That Council permit event RV parking within established carparks at Gosling Creek at times determined by Orange City Council as not to conflict with events or activities.
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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 - 18/542 Cr K Duffy/Cr M Previtera 1 That Council permit event camping on the northern side of Gosling Creek within a designated area at times determined by Orange City Council as not to conflict with events or activities.
2 That Council permit event RV parking within established carparks at Gosling Creek at times determined by Orange City Council as not to conflict with events or activities.
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* Crs Whitton, McRae, Mileto and Nugent requested that their names be recorded as having voted against this decision of Council *
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 9.40PM
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 11.39PM
4 Notices of Motion/Notices of Rescission
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TRIM Reference: 2018/2867 |
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RESOLVED - 18/568 Cr S Romano/Cr M Previtera That Council investigate the possibility of constructing a chair lift, similar to that on the Snowy Mountains, on Mount Canobolas with the view to having a restaurant on top of the Mountain in the future.
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* Cr J McRae and Cr S Nugent requested that their names be recorded as having voted against this decision of Council *
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TRIM Reference: 2018/3037 |
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MOTION Cr G Taylor/Cr R Kidd That Council defer stage 3 water restrictions until mid-January 2019 at which time the decision again be reviewed. |
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AMENDMENT Cr J Hamling/Cr S Romano That Council review its Level 3 restrictions to allow hand held hoses for 1 hour on alternate days. |
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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 - 18/569 Cr J Hamling/Cr S Romano That Council review its Level 3 restrictions to allow hand held hoses for 1 hour on alternate days.
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TRIM Reference: 2018/2171 |
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Cr J McRae declared a less than significant non-pecuniary interest in this item as a member of Rotary. |
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RESOLVED - 18/570 Cr J Whitton/Cr S Nugent That Council resolves to: 1 Support the 2019 NSW Regional Technology Expo with events from Tuesday 14 May through to Thursday 16 May; 2 Waive the fees for the hire of the Orange Function Centre under the Donations Policy; 3 Host the Opening Night event and the Night Forum; and 4 Require that all costs are to be met from within Council’s operating and staffing budget.
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TRIM Reference: 2018/2601 |
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RESOLVED - 18/571 Cr J Hamling/Cr S Munro That Council resolves: 1 To acquire by compulsory acquisition under sections 177 and 178 of the Roads Act 1993 Lot 90 DP1247702 in Plan of Acquisition (the Land) (being part of Lot 7307 DP1163739) for the purpose of constructing a roundabout at the intersection of Woodward Street and Wentworth Lane, Orange. 2 To make an application to the Minister for Local Government for the issue of a Proposed Acquisition Notice under the Land Acquisition (Just Terms Compensation) Act 1991 with respect of the Land. 3 To make an application to the Governor for the publication of an Acquisition Notice in the NSW Government Gazette under the Land Acquisition (Just Terms Compensation) Act 1991 with respect to the Land. 4 To affix the Common Seal of Council to any documents required to be sealed as part of the compulsory acquisition process for the land in question. 6 To delegate authority to the General Manager to execute on behalf of Council any document associated with the compulsory acquisition process for the land that does not require the Common Seal of Council. 7 To dedicate the land as a public road under Section 10 of the Roads Act 1993 once the acquisition has been completed. 8 In its capacity as Reserve Trust Manager of the Moulder Park Reserve Trust R60513, to consent to the acquisition of Lot 90 in Plan of Acquisition DP1247702 by Council for the purpose of the construction of a roundabout at the intersection of Woodward Street and Wentworth Lane, Orange.
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TRIM Reference: 2018/2906 |
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RESOLVED - 18/572 Cr J Hamling/Cr J Whitton That Council resolves to: 1 Enter into a lease of Lot 400 DP 600872 known as part Wilima Walk to Trinity Pre-School for a term of 5 years with 1 five year option. 2 Grant permission for the use of the Council Seal of any necessary documents.
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TRIM Reference: 2018/2981 |
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RESOLVED - 18/573 Cr J Whitton/Cr J Hamling That Council resolves to: 1 Consider the information provided and approve the event to proceed due to the correlation to Objective 11.2 (outlined above) in the 2018 Community Strategic Plan. 2 Allow any future Event Application of this nature to proceed on the provision that the Operational Policy OP008 – Events on Council Owned/Managed Land is complied with at all times.
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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 - 18/574 Cr R Kidd/Cr R Turner 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 Expression of Interest - New Animal Shelter 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 Sale Industrial Land - Lot 804 DP 1240445 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 (d)i commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it. 6.3 Tender OC FutureCity Planning and Development Framework 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 and (d)i commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it. 6.4 Tender for Construction of Southern Feeder Road Stage 2 and Railway Overbridge - F2811 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. |
The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 12.14AM.
The Mayor declared the Ordinary Meeting of Council resumed at 12.16AM.
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: 2018/2980 |
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RESOLVED - 18/575 Cr S Nugent/Cr J Hamling That the Council resolves: 1 To not award Expression of Interest F2502 for the provision and operation of a New Animal Shelter. 2 To commence a Tender process for the design and construction of a Council owned and operated Animal Shelter.
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TRIM Reference: 2018/2814 |
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RESOLVED - 18/576 Cr R Turner/Cr S Munro That Council resolves to: 1 Proceed with the transfer of Lot 804 DP 1240445 known as 36 Astill Drive Orange from the Land Development Fund to the Asset Management Portfolio for Development. 2 Grant permission for the use of the Council Seal on any relevant document if required.
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TRIM Reference: 2018/2907 |
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RESOLVED - 18/577 Cr S Munro/Cr S Nugent That Council resolves to: 1 Award the contract for the development of a Planning and Development Framework to SJB Architecture (NSW) Pty Ltd for the amount of $317,414 exclusive of GST. 2 Grant permission to affix the Council Seal to all relevant documents.
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Division of Voting |
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Voted For |
Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner, Cr J Whitton |
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Voted Against |
Nil |
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Absent |
Nil |
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TRIM Reference: 2018/2959 |
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RESOLVED - 18/578 Cr J Hamling/Cr S Munro That Council resolves: 1 That subject to: a the successful execution of the deeds for Fixing Country Roads Rounds 2.5 and 3 and the Heavy Vehicle Safety and Productivity Round 6, and; b the General Manager finalising contract conditions with Haslin Construction Pty Ltd, within the limits set in the body of this report, that; Council accept the tender offered by Haslin Constructions Pty Ltd for the Construction of the Southern Feeder Road Stage 2 and Railway over Bridge Tender F2811, with the inclusion of a strengthened pavement for the Lump Sum contract price of $14,610,131.22, exclusive of GST. 2 That the Common Seal of Council be authorised for use on documents associated with this tender.
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Division of Voting |
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Voted For |
Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner, Cr J Whitton |
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Voted Against |
Nil |
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Absent |
Nil |
The Meeting Closed at 12.16AM
This is Page Number 12 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 4 December 2018.