MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 18 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, Cr R Turner, Cr J Whitton
Acting General Manager (Director Technical Services), Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Manager Corporate Governance, Governance Coordinator, Executive Support Manager, Water and Sewerage Strategic Manager, Communications Officer, Manager Engineering Services.
Nil
The Mayor advised that the meeting was being livestreamed and recorded.
1.3 ACKNOWLEDGEMENT OF COUNTRY
The Mayor conducted the Acknowlegemnet of Country.
1.4 OPENING PRAYER
Jon Baker of the Church of Christ led the Council in Prayer.
1.5 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Nil
CR TAYLOR
MADE A STATEMENT OF APOLOGY
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2.1 Mayoral Report Centroc AGM, Centroc Board Meeting and Central NSW Joint Organisation Minutes 22 November 2018 TRIM Reference: 2018/3073 |
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RESOLVED - 18/579 Cr S Nugent/Cr S Munro That the information contained in this Mayoral Minute be acknowledged.
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THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7:06PM
CR ROMANO CONGRATULATED CR TAYLOR ON HIS STATEMENT
CR ROMANO SPOKE REGARDING VISITORS TO ORANGE AND HIS MEETING WITH MEMBER FOR ORANGE, MR PHILIP DONATO MP.
OPEN FORUM
DA 329/2018(1) – 269-279 Summer Street, Robertson Park
Jim Prosser-Fenn of 64 McNamara Street spoke outlining his concerns regarding the development, safety and lighting.
Stewart Church of 70 McNamara Street, Paraway Pastoral, spoke outlining concerns regarding the safety of the proposed development.
Sophie Fardell of 1/66 McNamara Street, Orange Physiotherapy Pilates in the Park, spoke outlining her disapproval of the application and safety concerns in the park.
Harry Fardell on behalf of Ben Cochrane, Parkview Hotel, read a statement prepared by Ben outlining his concerns about the development application.
Robert Blake of Orange Legacy, spoke regarding the proposed development suggesting the position be revised to next to the CWA where there is existing plumbing or the Taxi rank.
Ryan Stewart of 72 McNamara Street spoke regarding concerns of antisocial behaviour in Robertson Park and safety concerns.
Charlie Perkins of 68 McNamara Street spoke regarding his understanding of the history of the Robertson Park amenities and their proposed use by the community in support of the Rescission Motion.
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7:39PM
3 Confirmation of Minutes of Previous Meeting
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RESOLVED - 18/580 Cr S Nugent/Cr J McRae That the Minutes of the Ordinary Meeting of Orange City Council held on 4 December 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 4 December 2018. |
4 Notices of Motion/Notices of Rescission
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TRIM Reference: 2018/3087 |
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RESOLVED - 18/581 Cr K Duffy/Cr S Nugent That Council rescind the following decision of the Planning and Development Meeting of 4 December 2018:
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NOTICE WAS GIVEN OF A FORESHADOWED MOTION
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MOTION Cr K Duffy/Cr S Munro That Council resolves to proceed to construct toilet facilities adjacent the CWA building in accordance with DA 31/2016. In addition, a delegation of elected Council representatives are to meet with CWA representatives in relation to the construction and other upgrades required to the existing CWA building. |
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THE MOTION ON BEING PUT TO THE MEETING WAS LOST |
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TRIM Reference: 2018/2976 |
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RESOLVED - 18/582 Cr S Nugent/Cr J Hamling That Council: 1 Develop a master plan for the future development of Glenroi Oval, and connected public space, with the aim of maximising its safe use for sporting and recreation purposes, minimising vandalism and other anti-social behaviour, and developing a sense of local ‘ownership’ and responsibility for the area. 2 Consider an annual budget for the development and implementation of the master plan.
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TRIM Reference: 2018/3044 |
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RESOLVED - 18/583 Cr G Taylor/Cr R Turner That the “Orange” registration plates be retrieved from the RMS and be placed back onto the Mayoral vehicle.
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** Cr R Kidd (Mayor) left the chamber with the time being 8.40pm and did not participate in discussion or voting on this item. **
** Cr Romano (Deputy Mayor) assumed the chair for this item. **
** Cr R Kidd (Mayor) returned to the chamber and reassumed the chair at 8.55pm. **
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TRIM Reference: 2018/3077 |
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RESOLVED - 18/584 Cr J Hamling/Cr S Munro That Council conduct a public forum on the roads and footpath program to highlight what projects and works have been completed in the 6 months from July to December 2018 and what works are planned for the period January to July 2019.
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TRIM Reference: 2018/3080 |
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RESOLVED - 18/585 Cr G Taylor/Cr S Munro The Council administration provide feedback on the feasability and enforceability of requiring all Councillors to undertake working with Children and Federal Police Checks.
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Cr Mileto requested information on who in Council is the White Ribbon Ambassador, as a signatory to the White Ribbon campaign.
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** Cr G Taylor left the meeting at 9.10pm. **
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TRIM Reference: 2018/3135 |
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RESOLVED - 18/586 Cr S Romano/Cr M Previtera That Council staff actively pursue additional lighting, cameras and formalised car parking at the Orange Airport, to act as a deterrent to thieves.
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TRIM Reference: 2018/3067 |
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RESOLVED - 18/587 Cr S Nugent/Cr J McRae That Council resolves to adopt the following resolutions of Policy Committees from the meetings of 4 December 2018: 1 PLANNING AND DEVELOPMENT Committee 1 Council resolves to approve the Planning and Development Committee minutes held on 4 December 2018. 2 Council resolves to approve the following recommendations of the Planning and Development Committee meeting held on 4 December 2018: 2.9 Development Application DA 329/2018(1) - 269-279 Summer Street (Robertson Park) That Council consents to development application DA 329/2018(1) for Recreation Area - Amenities Block and Demolition (tree removal) at Lot 702 DP 1002273 - 269-279 Summer Street, Orange pursuant to the conditions of consent in the attached Notice of Approval. 2.3 Enforcement Policy That Council resolves to adopt the attached Enforcement Policy. 2.4 Orange Local Environmental Plan 2011 - Planning Proposal for an Administrative Amendment That Council resolves: 1 To endorse the attached scope of the next administrative housekeeping amendment to Orange Local Environmental Plan 2011. 2 That staff prepare a formal Planning Proposal in accordance with the attached scope. 3 To send the Planning Proposal to the NSW Department of Planning and Environment seeking a Gateway Determination. 4 That staff proceed to address any conditions or requirements of the Gateway Determination and then place the draft Planning Proposal on public exhibition for 28 days (or as required by the Gateway Determination). 2.6 Development Application DA 136/2018(1) - 100 Bathurst Road That Council resolves to consent to development application DA 136/2018(1) for Take Away Food and Drink Premises, Restaurant or Cafe, Demolition (existing building and tree removal) and Business Identification Signage at Lot 4 DP 778409 - 100 Bathurst Road, Orange pursuant to the conditions of consent in the attached Notice of Approval. 2.7 Development Application DA 313/2018(1) - 26 Prince Street That Council resolves to consent to development application DA 313/2018(1) for Demolition (existing dwelling, ancillary structures and vegetation), Subdivision (two lot residential) and Dwelling Houses (construction of two new dwelling houses) at Lot 1 Sec 33 DP 155632 – 26 Prince Street, Orange pursuant to the conditions of consent in the attached Notice of Approval. 2.8 Development Application DA 349/2018(1) - 59-67 and 99 Bathurst Road That Council resolves to consent to development application DA 349/2018(1) for Demolition (tree removal) at Lot 40 DP 810916 and Lot 30 DP 1190518 - 99 Bathurst Road and 59‑67 Bathurst Road, Orange pursuant to the conditions of consent in the attached Notice of Approval. 2.10 Development Application DA 348/2018(1) - 5 Hanrahan Place That Council resolves to consent to development application DA 348/2018(1) for Highway Service Centre and Business Identification Signage at Lot 85 DP 1167633 - 5 Hanrahan Place, Orange pursuant to the conditions of consent in the attached Notice of Approval. 2 EMPLOYMENT AND ECONOMIC DEVELOPMENT Policy Committee 1 Council resolves to approve the Employment and Economic Development Policy Committee minutes held on 4 December 2018. 2 Council resolves to approve the following recommendations of the Employment and Economic Development Policy Committee meeting held on 4 December 2018: 2.1 Minutes of the Sister Cities Community Committee - 7 November 2018 That Council resolves: 1 To acknowledge the reports presented to the Sister Cities Community Committee at its meeting held on 7 November 2018. 2 The recommendations and updated action plan from the minutes of the Sister Cities Community Committee meeting of 7 November 2018 being: 4.1 That the Action List for the Sister Cities Community Committee be reviewed and updated with the following actions : 1 Bring costings for a ‘Welcome’ banner, a Japanese flag and suggestions to improve the council welcome events for visiting exchanges students. 2 That proceeds from the PNG Earthquake Appeal be directed to the local school at Mt Hagen by way of the local council, and investigate if proceeds could be delivered during a visit by planning staff. 3 That information about the next national Sister Cities Association conference be circulated to Sister Cities committee members. 4 That the section of the Community Strategic Plan that outlines the work of the Sister Cities committee be circulated to committee members 5 That a letter of congratulation be sent to the incoming Mayor of the City of Orange, California once the results of the November 6 election are known. 6 That Christmas greetings be sent to the council leadership of each of the sister cities. 7 That a prospective date for the next meeting on a Wednesday in February at 5.3pm be circulated to committee members. 3 To adopt the remainder of the minutes of the Sister Cities Community Committee at its meeting held on 7 November 2018. 3 Infrastructure Policy Committee 1 Council resolves to approve the Infrastructure Policy Committee minutes held on 4 December 2018. 2 Council resolves to approve the following recommendations of the Infrastructure Policy Committee meeting held on 4 December 2018: 2.1 MINUTES OF THE FLOODPLAIN RISK MANAGEMENT COMMUNITY COMMITTEE MEETING - 5 NOVEMBER 2018 That Council resolves to adopt the minutes of the Floodplain Risk Management Community Committee meeting of 5 November 2018. 2.2 MINUTES OF THE CITY OF ORANGE TRAFFIC COMMITTEE MEETING – 13 NOVEMBER 2018 That Council resolves: 1 To acknowledge the reports presented to the City of Orange Traffic Committee at its meeting of 13 November 2018. 2 Recommendations 3.1 to 3.4 from the minutes of the City of Orange Traffic Committee meeting of 13 November 2018 being: 3.1 That Council amends the bus zone in Bletchington Street outside the MET School as per Annexure A and notifies the school that the driveway gates must be locked during the bus zone times, with confirmation in writing to this effect being received from the school. 3.2 That Council installs No Stopping signs on the southern side of the Northern Distributor Road, between existing No Stopping west of Telopea Way and 93 Northern Distributor Road as per the supporting information. 3.3 That Council approves the line marking and signage at the intersection of Matthews Avenue and Anson Street as per the plans attached to this report. 3.4 That Council approves the Newcrest Orange Challenge event on 31 March 2019 subject to the attached conditions. 3 To adopt the remainder of the minutes of the City of Orange Traffic Committee meeting of 13 November 2018. 4 Sport and Recreational Policy Committee 1 Council resolves to approve the Sport and Recreational Policy Committee minutes held on 4 December 2018. 2 Council resolves to approve the following recommendations of the Sport and Recreation Policy Committee meeting held on 4 December 2018: 2.1 Minutes of the Australia Day Community Committee Meeting – 14 November 2018 Council resolves to adopt the minutes of the Australia Day Community Committee meeting held on 14 November 2018. 2.2 Minutes of the Sport and Recreation Community Committee meeting held on 29 October 2018 That Council resolves: 1 To acknowledge the reports presented to the Sport and Recreation Community Committee at its meeting held on 29 October 2018. 2 To adopt recommendations 3.2, 3.3, 3.4 from the minutes of the Sport and Recreation Community Committee meeting of 29 October 2018 being: 3.2 That Council send a letter to the NSW Minister of Sport expressing disappointment in missing out on funding through the Regional Sporting Infrastructure Fund. 3.3 That the Hon. Rick Colless be invited to the next meeting of the Sport and Recreation Community Committee to provide him with an overview of the Committee’s priority sport and active recreation projects and seek support and assistance in securing funding for the projects. 3.4 That the future of the Anzac Park BMX Track be added to the Sport and Recreation Community Committee Action Plan for further discussion. 3 To adopt the remainder of the minutes of the Sport and Recreation Community Committee at its meeting held on 29 October 2018. 3.2 Orange Sporting Precinct The Council resolves: 1 To note the findings of the report. 2 That a schematic design incorporating current and future requirements for the NDR site be developed to a standard to enable costing be completed.
5 Environmental Sustainability Policy Committee Council resolves to approve Environmental Sustainability Committee minutes held on 4 December 2018.
6 Finance Policy Committee 1 Council resolves to approve Finance Policy Committee minutes held on 4 December 2018. 2 Council resolves to approve the following recommendations of the Finance Policy Committee meeting held on 4 December 2018: 2.1 Requests for Financial Assistance The Council resolves: 1 That a donation of $500.00 be made from the Sports Participation Program to Philippa Mannix for attending the School Sport Association (SSA) All Australian Hockey Team European Tour as part of the SSA All Australian Hockey Team.
7 SERVICES POLICY COMMITTEE 1 Council resolves to approve Services Policy Committee minutes held on 4 December 2018. 2 Council resolves to approve the following recommendations of the Services Policy Committee meeting held on 4 December 2018: 2.1 Minutes of the NAIDOC Week Community Committee Meeting – 22 October 2018 1 That Council acknowledge the reports presented to the NAIDOC Week Community Committee at its meeting of 22 October 2018. 2 That the remainder of the minutes and recommendations made by the NAIDOC Week Community Committee at its meeting held on 22 October 2018 be adopted. 2.2 Minutes of the Lucknow Community Committee Meeting – 1 November 2018 That Council resolves: 1 To acknowledge the reports presented to the Lucknow Community Committee at its meeting held on 1 November 2018. 2 Recommendations 3.2 from the minutes of the Lucknow Community Committee meeting of 1 November 2018 being: 1 That the Lucknow Community Committee Action Plan be reviewed and updated. 2 That the remediation of the northern side bus stop progress with the laying of hotmix. 3 That the installation of solar lighting in bus stops progress. 4 That the beautification between Two Fat Ladies and Wentworth Mine be placed on the Action Plan. 3 To adopt the remainder of the minutes of the Lucknow Community Committee at its meeting held on 1 November 2018. 2.3 Minutes of the Spring Hill Community Committee Meeting – 15 November 2018 That Council resolves: 1 To acknowledge the reports presented to the Spring Hill Community Committee at its meeting held on 15 November 2018. 2 Recommendations 3.2 and 4.1 from the minutes of the Spring Hill Community Committee meeting of 15 November 2018 being: 3.2 Illegal Parking in Park That correspondence be forwarded to Live Better, expressing concerns regarding illegal parking of company vehicles in Alf Read Park. 4.1 Spring Hill Community Committee Action Plan and Priority Works 1 That the Spring Hill Community Acton Plan be reviewed and updated. 2 That the item of investigating the addition of plaques and interment of ashes at the cemetery be added to the Action Plan. 3 To adopt the remainder of the minutes of the Spring Hill Community Committee at its meeting held on 15 November 2018. 3.1 Additional Policing Numbers - Central West Police District That Council resolves to support the addition of sworn officers to the existing approved positions of the Orange Command in the Central West Police District of: 1 14 sworn officers; 2 1 dog unit; 3 Establishment of a Regional Enforcement Squad located in Orange; and 4 Orange Command be one the first command to receive additional police within NSW. Matter Arising from minutes of Centenary of World War I Community Committee Final Report That thanks be given to all members, past and present, involved in the Centenary of World War I Community Committee. 8 That the remainder of the minutes of the Employment and Economic Development Policy Committee, Infrastructure Policy Committee, Sport and Recreation Policy Committee, Environmental Sustainability Policy Committee, Finance Policy Committee and Services Policy Committee be noted.
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Cr Duffy requested information be circulated on the readiness of fire hydrants for the Summer season. |
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Cr Whitton requested information on the Australian Flag on Bathurst Road. Cr Turner advised the flag is currently being repaired and the pole is situated on Council land. |
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5.2 Update on Outstanding Resolutions of Council including Questions Taken on Notice and Notices of Motions. TRIM Reference: 2018/3068 |
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RESOLVED - 18/588 Cr J McRae/Cr S Nugent That the information provided in the report by the Manager Corporate Governance on Outstanding and Completed Notices of Motion, Questions of Notice and Matters arising be acknowledged.
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Cr R Kidd (Mayor) and Cr S Nugent congratulated staff on the updated listing and format.
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TRIM Reference: 2018/3074 |
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RESOLVED - 18/589 Cr R Turner/Cr S Munro The Council resolves: 1 That a donation of $1,000.00 be made from Emergent Funding to Mak Boxing Promotions for the staging of an Orange-staged Boxing Festival.
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TRIM Reference: 2018/3026 |
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The Council resolves to: 1 Lease a printer for use exclusively by Councillors be approved as determined by the General Manager. THE RESOLUTION ON BEING PUT TO THE MEETING WAS LOST
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TRIM Reference: 2018/2955 |
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RESOLVED - 18/590 Cr K Duffy/Cr M Previtera That Council resolves to issue a consent to development application DA 33/2018(1) for Demolition (existing service station), Service Station (includes sales building, fuel dispensing canopy, underground fuel tanks), and Business and Site Identification Signs at Lot 101 DP 1053642 - 4613 Mitchell Highway, Lucknow 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 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 R Turner, Cr J Whitton |
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Voted Against |
Nil |
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Absent |
Cr G Taylor |
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TRIM Reference: 2018/3043 |
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RESOLVED - 18/591 Cr K Duffy/Cr R Turner That Council resolves to: 1 Proceed with an application for road closure for part Pinnacle Road, Orange. 2 Once closed, proceed to sell that part of the road closed to the owner of 474 Pinnacle Road, Orange. 3 Grant approval for the use of the Council Seal on any necessary documentation.
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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 - 18/592 Cr S Munro/Cr T Mileto 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 2018-2019 Icely Road Water Main Renewal 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 2018-2019 Sewer Rehabilitation Tender Assessment 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 Contracts for Linemarking 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. |
The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 9.44pm
The Mayor declared the Ordinary Meeting of Council resumed at 9.57pm.
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: 2018/2961 |
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RESOLVED - 18/593 Cr S Nugent/Cr S Romano That Council resolves to: 1 Decline to accept any of the tenders for the renewal of the Icely Road water main. 2 Cancels the proposal to contract the renewal of the Icely Road water main contemplated in the tender.
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TRIM Reference: 2018/2977 |
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RESOLVED - 18/594 Cr R Turner/Cr S Munro That Council resolves to: 1 Award the contract for the 2018/19 Sewer Rehabilitation Program to Interflow Pty Ltd for the sum of $626,533.99 (GST inclusive). 2 Grant permission to the General Manager or nominee to do such things as may be necessary or convenient to give effect to this decision, including affixing the Council Seal to all relevant documents if required. 3 Not participate in the Centroc Regional Contract for Sewer Rehabilitation.
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** Cr
Duffy left the chamber with the time being 9.58pm.**
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TRIM Reference: 2018/3008 |
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RESOLVED - 18/595 Cr S Nugent/Cr K Duffy That Council resolves to: 1 Approve the establishment of a new Line-Marking Services Panel under the Council’s Purchasing Policy; 2 Approve the General Manager, or his nominee, to enter into a standard contract with Central West Linemarking, Complete Linemarking Services, Gumbay Holdings t/as Avante Linemarking, Oz Linemarking and Red Squirrel for linemarking services as part of the Panel; 3 Grant permission to the General Manager or nominee to do such things as may be necessary or convenient to give effect to this decision, including affixing the Council Seal to all relevant documents if required.
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** Cr Duffy returned to the Chamber with the time being 10.01pm.**
The Meeting Closed at 10.03pm
This is Page Number 16 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 18 December 2018.