ORANGE CITY COUNCIL

 

MINUTES OF THE

Ordinary Council Meeting

HELD IN Council Chamber, Civic Centre, Byng Street, Orange

ON 19 February 2019

COMMENCING AT 7.00pm

 1      Introduction

Attendance

Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor, 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, Governance Coordinator, Manager Corporate and Community Relations, Manager Financial Services, Manager Development Assessment.

 

RESOLVED - 19/039                                                                             Cr S Munro/Cr T Mileto

That WIN News be permitted to record proceedings of the Council meeting.

 

1.1     APOLOGIES

 

RESOLVED - 19/040                                                                               Cr K Duffy/Cr S Munro

That the apology be accepted from Cr J Hamling for the Council Meeting of Orange City Council on 19 February 2019.

1.2     LIVESTREAMING AND RECORDING

The Mayor advised that the meeting was being livestreamed and recorded.

 

1.3     ACKNOWLEDGEMENT OF COUNTRY

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 J Whitton declared a pecuniary interest in item 6.2 of the Closed Agenda – Crown Land Building being the Chairman of OCTEC Limited which proposes to bid on the Crown Land Building.

 

Cr G Taylor declared a pecuniary interest in item 6.2 of the Closed Agenda – Crown Land Building being a Director of OCTEC Limited which proposes to bid on the Crown Land Building.

 

Cr R Kidd declared a pecuniary interest in item 6.2 of the Closed Agenda – Crown Land Building being a Director of OCTEC Limited which proposes to bid on the Crown Land Building.

 

Cr S Nugent declared a non-significant, non-pecuniary interest in item 6.2 of the Closed Agenda – Crown Land Building being a Senior Staff member of OCTEC Limited.

 

Cr R Turner declared a non-significant, non-pecuniary interest in item 6.2 of the Closed Agenda – Crown Land Building due to owning property opposite the Land Office.

 

Cr R Kidd declared a non-significant, non-pecuniary interest in item 4.3 of the Late Agenda – Notice of Motion – Mayoral Diary and Travel Records and indicated he will not participate in discussion or voting on the item.

 

Cr J McRae declared a significant, non-pecuniary interest in item 6.1 due to a family member being a member of the Board of Racing Orange.

 

LATE ITEMS

That the following late items be dealt with at the meeting of Orange City Council held on 19 February 2019:

Item 4.3 – Notice of Motion – Mayoral Diary and Travel Records

Item 4.4 – Foreshadowed Motion – Subdivision 20 George Weily Place

Item 6.2 – (CLOSED) Crown Land Building

 

 

2       Mayoral Minutes

Nil  

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.07PM


 

 

OPEN FORUM  

ITEM 4.1     Rescission Motion: DA 444/2018(1) - Subdivision 20 George Weily Place and Lot 125 The Escort Way; DA 448/2018(1) - Group Home, Community Facility and Hostel 20 George Weily Place and Lot 125 The Escort Way; Land Sale - Housing Plus

 

1      Wendy Mason      

8      Brett Ryan

15    Lindy Glover

2      Kath Logan  

9      Robert Wharton

16    Sharna Glover

3      David Fisher

10    Trevor Thompson

17    Alex Irwin

4      Julie Proctor

11    Amanda McMillan

18    Julie Machin

5      Margot Benson

12    Craig Guyer

19    Alison Ferguson

6      Laurian Ginns

13    Chris Eyles

 

7      Lara Cotter

14    Donna Irwin

 

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.29PM

 

3       Confirmation of Minutes of Previous Meeting

RESOLVED - 19/041                                                                      Cr S Nugent/Cr M Previtera

That the Minutes of the Ordinary Meeting of Orange City Council held on 5 February 2019 (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 5 February 2019.

 

 

4       Notices of Motion/Notices of Rescission

4.1     Rescission Motion: DA 444/2018(1) - Subdivision 20 George Weily Place and Lot 125 The Escort Way; DA 448/2018(1) - Group Home, Community Facility and Hostel 20 George Weily Place and Lot 125 The Escort Way; Land Sale - Housing Plus

TRIM Reference:        2019/231

RESCISSION MOTION                                                                            Cr K Duffy/Cr S Munro

That Council rescind the following resolutions of the Planning and Development Committee meeting on 5 February 2019:

2.2     Development Application DA 444/2018(1) - Subdivision - 20 George Weily Place and Lot 125 the Escort Way

RESOLVED - 19/005                                                                         Cr R Kidd/Cr J McRae

That Council resolves to consent to development application DA 444/2018(1) for Subdivision (eight residential lots, one stormwater management lot and one residue lot) at Lot 119 DP 1087517 and Lot 125 DP 1087517 - 20 George Weily Place and The Escort Way, Orange, pursuant to the conditions of consent in the attached Notice of Approval.

2.3     Development Application DA 448/2018(1) - Group Home, Community Facility and Hostel - 20 George Weily Place and Lot 125 The Escort Way

RESOLVED - 19/006                                                                     Cr J McRae/Cr S Nugent

That Council resolves to consent to development application DA 448/2018(1) for Group Home (transitional), Community Facility and Hostel at Proposed Lot 204 in the subdivision of Lots 119 and 125 DP 1087517 - 20 George Weily Place and The Escort Way, Orange pursuant to the conditions of consent in the attached Notice of Approval.

And the following resolution of the Council meeting on 5 February 2019:

6.6     Land Sale - Housing Plus

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.

THE RESCISSION MOTION ON BEING PUT TO THE MEETING WAS LOST

 

 

 

 

Division of Voting

Voted For

Cr S Romano (Deputy Mayor), Cr K Duffy, Cr S Munro, Cr G Taylor, Cr J Whitton

Voted Against

Cr R Kidd (Mayor), Cr J McRae, Cr T Mileto, Cr S Nugent, Cr M Previtera, Cr R Turner

Absent

Cr J Hamling

 

4.2     Rescission Motion: Compulsory Acquisition of Land - Construction of Roundabout

TRIM Reference:        2019/232

RESCISSION MOTION                                                                             Cr K Duffy/Cr G Taylor

That Council rescind the following resolution of the Council meeting on 5 February 2019:

6.1     Compulsory Acquisition of Land - Construction of Roundabout

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.

THE RESCISSION MOTION ON BEING PUT TO THE MEETING WAS LOST

 

Division of Voting

Voted For

Cr K Duffy, Cr G Taylor, Cr J Whitton

Voted Against

Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr R Turner

Absent

Cr J Hamling

The General Manager explained the Rescission Motion outcomes to the public gallery.

Cr Taylor left the chamber with the time being 9.11pm.

Cr Romano (Deputy Mayor) assumed the chair for Item 4.3.

Cr Taylor returned to the Chamber with the time being 9.14pm.

 

4.3     Notice of Motion - Mayoral Diary and Travel Records

TRIM Reference:        2019/300

Cr R Kidd declared a non-significant, non-pecuniary interest in this item, left the Chamber with the time being 9.12pm and did not participate in the voting or debate on this item.

RESOLVED - 19/042                                                                              Cr J McRae/Cr G Taylor

That Council staff provide a report to Council on methods of keeping Councillors updated on the activities of the Mayor and other Councillors.

 

 

Cr Kidd (Mayor) returned to the chamber with the time being 9.35pm and assumed the chair.

 

Cr Romano left the chamber with the time being 9.35pm.

 

4.4     Foreshadowed Motion - Subdivision 20 George Weily Place

TRIM Reference:        2019/328

Due to Item 4.1 - Rescission Motion - 20 George Weily Place being lost, this item did not need to be dealt with.

 

 

5       General Reports

5.1     Recommendations and Resolutions from Policy Committees

TRIM Reference:        2019/245

RESOLVED - 19/043                                                                           Cr J Whitton/Cr S Munro

1        That the resolutions made by the Planning and Development Committee at its meeting held on 5 February 2019 be noted.

2        That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 5 February 2019 be noted.

3        That the resolutions made by the Infrastructure Policy Committee at its meeting held on 5 February 2019be noted.

4        That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 5 February 2019 be noted.

5        That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 5 February 2019 be noted.

6        That the resolutions made by the Finance Policy Committee at its meeting held on 5 February 2019 be noted.

7        That the resolutions made by the Services Policy Committee at its meeting held on 5 February 2019 be noted.

 

 

5.2     Statement of Investments - January 2019

TRIM Reference:        2019/170

RESOLVED - 19/044                                                                           Cr J Whitton/Cr J McRae

That Council resolves:

1        To note the Statement of Investments as at 31 January 2019.

2        To adopt the certification of the Responsible Accounting Officer.

 

 

5.3     2nd Quarter Budget Review and Performance Report 2018/19

TRIM Reference:        2019/106

RESOLVED - 19/045                                                                           Cr J Whitton/Cr S Munro

That Council defer this report until the next meeting of Council to be held on 5 March 2019.

 

 

Cr Romano returned to the chamber with the time being 9.37pm.

 

 

5.4     2018/19 Fees and Charges - Amendments and Additions

TRIM Reference:        2019/256

RESOLVED - 19/046                                                                            Cr S Nugent/Cr J McRae

That Council resolves:

That the following additions to the fees and charges be adopted:

Scout Hall fees and charges are:

Category

GST Ex

GST

Total

Dormitory overnight (per person)

$13.64

$1.36

$15.00

Dormitory per night more than 7 nights special rate*(per person)

$11.82

$1.18

$13.00

Camping overnight (per person)

$8.00

$0.80

$8.80

Camping per night more than 7 nights special rate*(per person)

$6.91

$0.69

$7.60

Day use (excluding showers) (more than 3.5 hours) (per person)

$3.18

$0.32

$3.50

Day use (including showers) (more than 3.5 hours) (per person)

$4.54

$0.46

$5.00

½ Day use (excluding showers) (less than 3.5 hours) (per person)

$1.82

$0.18

$2.00

½ Day use (including showers) (less than 3.5 hours) (per person)

$2.73

$0.27

$3.00

RV/Self-contained caravan (no power, no ablutions)

$5.00

$0.50

$5.50

RV Self-contained caravan (access to ablutions)

$8.00

$0.80

$8.80

Scouts Australia full site use (available 6 times a year)

$0.00

$0.00

$0.00

Non-local Scouts and Guides Use

Local Scout and Guides Additional Use (above 6 times a year)

½ price of other groups

Orange City Council Use (no charge)

$0.00

$0.00

$0.00

Damage and cleaning costs

At cost plus 20% admin fee

    * This is the daily rate. The group will also be charged for a cleaner once a week at cost.

 

 

 

 

 

 

 

Download of tender document fees and charges are:

Clover Hill Function Centre fees and charges are:

Liquid Trade Waste pH fees and charges are:

 

 

 

6       Closed Meeting

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.

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     Racing Orange - Payment of Grant Funding

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)., (b) the personal hardship of any resident or ratepayer and (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     Crown Land Building

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 and (d)ii information that would, if disclosed, confer a commercial advantage on a competitor of the council.

 

     

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 9. 42pm.

The Mayor declared the Ordinary Meeting of Council resumed at 9.53pm.

 

 

 

 

7       Resolutions from Closed Meeting

The Manager Corporate Governance read out the following resolutions made in the Closed Meeting of Council.

6.1     Racing Orange - Payment of Grant Funding

TRIM Reference:        2019/110

Cr McRae declared a significant, non-pecuniary interest in this item, left the chamber with the time being 9.42pm, and did not participate in the discussion or voting on this item.

RESOLVED - 19/047                                                                             Cr R Turner/Cr T Mileto

That Council resolves to release the remaining payments pursuant to the Funding Agreement with Racing Orange forthwith.

 

 

** Cr Kidd and Cr Duffy requested that their names be recorded as having voted against this decision of Council.**

 

6.2     Crown Land Building

TRIM Reference:        2019/304

Crs Whitton, Taylor and Kidd declared a pecuniary interest in this item, left the chamber, with the time being 9.51pm, and did not participate in the discussions or voting on this item.

Crs Nugent and Turner declared a non-significant, no-pecuniary interest in this item and remained in the chamber.

RESOLVED - 19/048                                                                        Cr M Previtera/Cr J McRae

The Council resolves to:

1        Not approve participation in the auction process to acquire the Crown Lands Building at 92 Kite St Orange;

2        Acknowledge the letter from the Mayor requesting deferral of the auction;

3        Request a report on the response from the NSW Government to representations regarding deferral.

 

 

 

The Meeting Closed at 9.55PM

 

This is Page Number 12 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 19 February 2019.