MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 5 February 2019
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
General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Corporate Governance, Governance Coordinator, Manager Corporate and Community Relations, Manager Building and Environment, Manager Development Assessments, Manager Engineering Services.
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RESOLVED - 19/001 Cr S Nugent/Cr K Duffy That the apology be accepted from Cr J Whitton for the Council Meeting of Orange City Council on 5 February 2019. |
1.2 LIVESTREAMING AND RECORDING
The Mayor advised that the meeting was being livestreamed and recorded.
The Mayor conducted the Acknowledgement of Country.
1.4 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Cr Turner declared a less than significant non-pecuniary interest in item 2.5 of the Planning and Development Committee - Development Application DA329/2015(3) – Hotel – 62 Byng Street and 77 Hill Street as he is a Council representative for the Orange Regional Conservatorium.
Cr Mileto declared a less than significant non-pecuniary interest in item 2.1 of the Finance Policy Committee – Requests for Financial Assistance – as he is a member of the Orange & District Football Association who uses Waratahs.
Nil
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.06PM
OPEN FORUM
The following speakers presented at the meeting in support of items 2.2 & 2.3 of the Planning and Development Committee. Development Application DA444/2018(2) – Subdivision – 20 George Weily Place and Lot 125 The Escort Way and Development Application DA448/2018(2) – Group Home, Community Facility and Hostel – 20 George Weily Place and Lot 125 The Escort Way:
Penny Dordoy – Head of Community Services – Housing Plus
David Fisher – CEO – Housing Plus
Justin Cantelo – Director - Housing Plus
Peter Basha – Peter Basha Planning & Development
Paul Cox – Housing Plus
Julianne Potts – Community Fundraising Committee
Kath Logan – 49 National Avenue
The following speakers presented at the meeting speaking against items 2.2 & 2.3 of the Planning and Development Committee. Development Application DA444/2018(2) – Subdivision – 20 George Weily Place and Lot 125 The Escort Way and Development Application DA448/2018(2) – Group Home, Community Facility and Hostel – 20 George Weily Place and Lot 125 The Escort Way:
Alex Irwin – 2 George Weily Place
Craig Guyer – 32 George Weily Place
Robert Wharton – 2 Valencia Drive
Trevor Heane – 18 Jonathon Road
Eva Toth – 11 George Weily Place
Laurian Ginns – 5 George Weily Place
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.25PM
3 Confirmation of Minutes of Previous Meeting
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RESOLVED - 19/002 Cr S Munro/Cr S Nugent That the Minutes of the Ordinary Meeting of Orange City Council held on 18 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 18 December 2018. |
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 8.25PM
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 10.32PM
4 Notices of Motion/Notices of Rescission
Nil
Cr Taylor left the meeting with the time being 10.32pm.
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TRIM Reference: 2018/3086 |
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RESOLVED - 19/028 Cr K Duffy/Cr J McRae That Council resolves: 1 To note the Statement of Investments as at 30 November 2018. 2 To adopt the certification of the Responsible Accounting Officer.
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TRIM Reference: 2019/45 |
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RESOLVED - 19/029 Cr K Duffy/Cr M Previtera That Council resolves: 1 To note the Statement of Investments as at 31 December 2018. 2 To adopt the certification of the Responsible Accounting Officer.
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TRIM Reference: 2018/3085 |
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RESOLVED - 19/030 Cr S Nugent/Cr S Munro That Council resolves to place the following draft Strategic Policies on public exhibition for a minimum of 28 days: 1 ST019 – Councillors Access to Information and their Interaction with Staff Policy and Procedure 2 ST083 – Access to Information held by Council
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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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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 Compulsory Acquisition of Land - Construction of Roundabout 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 Tender - Vertical Transport System 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 Tender - Detailed Design and Documentation of a New Inlet Works for Orange Sewage Treatment Plant 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. 6.4 Acquisition of Land - 185 Shiralee Road Orange 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. 6.5 Lease of 79 Kite Street Orange 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. 6.6 Land Sale - Housing Plus 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. 6.7 Request for Reduction of Footpath Hoarding Fees 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. 6.8 Tender - Chiller replacement at the Civic Theatre 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 10.32pm.
The Mayor declared the Ordinary Meeting of Council resumed at 11.19pm.
7 Resolutions from Closed Meeting
The Manager Corporate Governance read out the following resolutions made in the Closed Meeting of Council.
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TRIM Reference: 2018/2758 |
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Crs Duffy and Taylor left the meeting with the time being 10.33pm and did not participate in this item. |
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RESOLVED - 19/031 Cr R Turner/Cr S Munro That Council resolves: 1 To acquire by compulsory acquisition under sections 177 and 178 of the Roads Act 1993 2850m2 of Lot 2 DP 1250637 and known as part 313 Ploughmans Lane Orange (the Land) for the purpose of constructing a roundabout at the intersection of The Escort Way and Ploughmans Lane, Orange. 2 To approve the making of 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 approve the making of 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 That the General Manager be delegated authority 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.
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Cr’s Duffy and Taylor returned to the meeting with the time being 10.37pm.
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TRIM Reference: 2019/36 |
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RESOLVED - 19/032 Cr R Turner/Cr S Nugent That Council resolves: 1 To award the contract F3031 for the removal and supply of a new vertical transport system to Orange Civic Centre building to OTIS Elevator Company Pty Ltd for the amount of $203,000 + G.S.T. 2 To grant permission for the use of the Council Seal on any relevant documents, if required.
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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 |
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Voted Against |
Nil |
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Absent |
Cr J Whitton |
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6.3 Tender - Detailed Design and Documentation of a New Inlet Works for Orange Sewage Treatment Plant TRIM Reference: 2019/61 |
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RESOLVED - 19/033 Cr S Nugent/Cr T Mileto That Council resolves: 1 To award the contract for the Concept and Detailed Design for a New Inlet Works at the Orange Sewage Treatment Plant to Cardno (NSW/ACT) Pty Limited for the sum of $299,846 (GST exclusive). 2 To grant permission to affix the Council Seal on 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 |
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Voted Against |
Nil |
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Absent |
Cr J Whitton |
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TRIM Reference: 2019/77 |
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RESOLVED - 19/034 Cr R Turner/Cr J Hamling That Council resolves: 1 To acquire approximately 343m2 of part Lot 75 DP 750401 for construction of the Southern Feeder Road in accordance with the details outlined in this report. 2 To delegate to the General Manager authority to finalise the acquisitions. 3 That upon acquisition, the land be classified as Operational. 4 That permission be granted for the use of the Council Seal on any document if required.
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TRIM Reference: 2019/83 |
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MOTION Cr S Nugent/Cr J Hamling That Council resolves: 1 To enter into a lease with 5 year lease of 79 Kite Street, Orange. 2 That permission be granted for the use of the Council seal on any necessary documentation.
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AMENDMENT Cr R Turner/Cr S Munro That Council enter into a one year lease of 79 Kite Street with the Orange Local Aboriginal Land Council with an option to renegotiate the lease on a year by year basis at the discretion of the General Manager.
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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 - 19/035 Cr R Turner/Cr S Munro That Council enter into a one year lease of 79 Kite Street with the Orange Local Aboriginal Land Council with an option to renegotiate the lease on a year by year basis at the discretion of the General Manager.
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TRIM Reference: 2019/113 |
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Cr’s Taylor, Munro, Romano and Duffy left the Chamber with the time being 10.51pm and did not participate in the discussion or voting on this item |
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RESOLVED - 19/036 Cr R Turner/Cr S Nugent That Council resolves: 1 To sell proposed Lot 204 in Lot 125 DP 1087517 to Housing Plus to be developed for the purpose of crisis accommodation for victims of Domestic Violence. 2 That the General Manager be delegated to use the common seal on any necessary documentation.
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Cr’s Taylor, Munro, Romano and Duffy returned to the meeting with the time being 11.00pm
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TRIM Reference: 2019/131 |
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RESOLVED - 19/037 Cr R Turner/Cr M Previtera That Council resolves to accept the offer from Inten Construction and apply a fee of $19,000 for the hoarding and temporary construction fencing at 212-220 Summer Street and within Colvin Lane and Post Office Lane for the construction period concluding in November 2019.
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TRIM Reference: 2019/39 |
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RESOLVED - 19/038 Cr J McRae/Cr S Nugent That Council resolves: 1 That the contract F2999 for the removal and supply of two condenser chillers to Orange Civic Theatre building (plant room) be awarded to Johnson Controls for the amount of $673,833 + G.S.T with additional options $24,867 + G.S.T with the total value being $698,700 + G.S.T 2 That permission be granted for the use of the Council Seal on any relevant document if required.
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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 |
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Voted Against |
Nil |
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Absent |
Cr J Whitton |
The Meeting Closed at 11.26PM
This is Page Number 11 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 5 February 2019.