MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 16 April 2019
COMMENCING AT 7.00pm
Attendance
Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling (7.03pm), 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 Community, Recreation and Cultural Services, Manager Engineering Services, Manager Building & Environment, Manager Development Assessments, Governance Coordinator, Digital Communications Officer.
Nil
The Mayor advised that the meeting was being livestreamed and recorded.
The Mayor conducted the Acknowledgement of Country.
** Cr Hamling arrived with the time being 7.03pm. **
1.4 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Nil
LATE ITEM
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RESOLVED - 19/227 Cr K Duffy/Cr S Munro That the following late item be dealt with at the meeting of Orange City Council held on 16 April 2019: 2.1 – Mayoral Minute – Grey Headed Flying Fox (GHFF) – Cook Park
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2 Mayoral Minutes
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TRIM Reference: 2019/785 |
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RESOLVED - 19/228 Cr K Duffy/Cr S Munro 1 That the information contained in this Mayoral Minute and the associated attachments be noted. 2 That Council seek the necessary approvals and protocols to develop a planned intervention just prior to the next non-breeding season of May to July 2020.
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THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.03PM
OPEN FORUM
Item 5.1 – Recommendations and Resolutions from Policy Committees (Finance Policy Committee Minutes from 2 April 2019)
Mr Peter Naylor – Orange Show Society
Mr Naylor spoke on funding for the Orange Show and the installation of Stables at the Orange Showground.
Donna Riles – Orange Regional Conservatorium
Donna addressed Council regarding the Orange Regional Conservatorium, its programs and plans for future development of the Conservatorium.
The Come Together Choir sang a blessing.
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.28PM
3 Confirmation of Minutes of Previous Meeting
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RESOLVED - 19/229 Cr S Nugent/Cr S Munro That the Minutes of the Ordinary Meeting of Orange City Council held on 2 April 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 2 April 2019. |
4 Notices of Motion/Notices of Rescission
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TRIM Reference: 2019/734 |
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RESOLVED - 19/230 Cr S Nugent/Cr J Hamling That Council endorses the Australian Local Government Association’s Federal Election Initiatives that include better support for infrastructure, communities, recycling, Indigenous communities, climate change and more. 1 Repair federal funding to local government 2 Realise the productive potential of Australia’s freight routes 3 Boost safety on local roads 4 Promote equitable access to community services 5 Protect communities from the impacts of natural disasters 6 Support communities with their climate change response 7 Promote healthier communities 8 Foster Indigenous well-being and prosperity 9 Support communities on their digital transformation journeys 10 Strengthen Australia’s circular economy 11 Support local government’s current work in addressing affordable housing and homelessness issues |
**Cr Taylor left the chamber with the time being 7.40pm.**
**Cr Taylor returned
to the chamber with the time being 7.41pm.**
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TRIM Reference: 2019/671 |
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RESOLVED - 19/231 Cr J Hamling/Cr S Romano 1 That the resolutions made by the Planning and Development Committee at its meeting held on 2 April 2019 be noted. 2 That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 2 April 2019 be noted. 3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 2 April 2019 be noted. 4 That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 2 April 2019 be noted. 5 That the resolutions made by the Finance Policy Committee at its meeting held on 2 April 2019 be noted. 6 That the resolutions made by the Services Policy Committee at its meeting held on 2 April 2019 be noted.
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TRIM Reference: 2019/674 |
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RESOLVED - 19/232 Cr K Duffy/Cr M Previtera That Council resolves: 1 To note the Statement of Investments as at 31 March 2019. 2 To adopt the certification of the Responsible Accounting Officer.
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TRIM Reference: 2019/673 |
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MOTION Cr J McRae/Cr S Nugent That Council resolves to consent to development application DA 372/2018(1) for Hospital (alterations and additions) at Lot 62 Pce C DP 877808 and Lots 1-5 SP 57262 - 261 March Street, Orange pursuant to the conditions of consent in the attached Notice of Approval. |
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AMENDMENT Cr J Hamling/Cr S Munro 1 That Council resolves to consent to development application DA 372/2018(1) for Hospital (alterations and additions) at Lot 62 Pce C DP 877808 and Lots 1-5 SP 57262 - 261 March Street, Orange pursuant to the conditions of consent in the attached Notice of Approval adding a condition stating: the applicant shall consider installing a bike rack within the development site for use by both visitors and staff. The bike rack may be located either internally or externally to the buildings on the site. The bike rack must not alter the approved layout of parking spaces, nor impact on car park operations. Plans shall be amended to indicate the location of the bike rack prior to the issue of a Construction Certifciate. |
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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 - 19/231 Cr J Hamling/Cr S Munro 1 That Council resolves to consent to development application DA 372/2018(1) for Hospital (alterations and additions) at Lot 62 Pce C DP 877808 and Lots 1-5 SP 57262 - 261 March Street, Orange pursuant to the conditions of consent in the attached Notice of Approval adding a condition stating: the applicant shall consider installing a bike rack within the development site for use by both visitors and staff. The bike rack may be located either internally or externally to the buildings on the site. The bike rack must not alter the approved layout of parking spaces, nor impact on car park operations. Plans shall be amended to indicate the location of the bike rack prior to the issue of a Construction Certificate.
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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: 2019/684 |
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RESOLVED - 19/232 Cr R Turner/Cr S Munro That Council consents to development application DA 42/2019(1) for Vehicle Repair Station, Warehouse or Distribution Centre at Lot 6 DP 1031236 - 3 Redmond Place, Orange 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 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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5.5 Orange Local Environmental Plan 2011 - Planning Proposal Amendment 26 - To rezone land at 1517 Forest Road from R1 General Residential to B2 Local Centre zone. TRIM Reference: 2019/551 |
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That Council defer this item until such time as a briefing has been provided to Councillors |
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AMENDMENT Cr J Whitton/Cr S Munro That Council resolve to support the planning proposal to amend Orange Local Environmental Plan 2011 in relation to 1517 Forest Road (Lot 1 DP 549856 and Lot 100 DP 1147525) as follows: · That the area of land known as precinct 1 be rezoned from R1 General Residential to B2 Local Centre · That the area of land known as precinct 1 be mapped under the Floor Space Ratio map with a value of 0.185:1 to provide for 2923m2 of retail floor space · That an Additional Permitted Use mechanism be negotiated with the Department of Planning and Environment to allow for other non-retail uses on the site as normally permitted in the B2 zone. With the intended effect that the FSR above should only apply to retail forms of development. · That the proponent be advised that any future expansion, such as the foreshadowed Stage 2, will be dependent upon the primary trade area catchment achieving a residential population level of at least 7,000 people, with evaluation of the catchment population to be determined with reference to Census and other ABS data only. |
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ON BEING PUT TO THE MEETING THE AMENDMENT WAS CARRIED AND BECAME THE MOTION. THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED. |
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RESOLVED - 19/233 Cr J Whitton/Cr S Munro That Council resolve to support the planning proposal to amend Orange Local Environmental Plan 2011 in relation to 1517 Forest Road (Lot 1 DP 549856 and Lot 100 DP 1147525) as follows: · That the area of land known as precinct 1 be rezoned from R1 General Residential to B2 Local Centre · That the area of land known as precinct 1 be mapped under the Floor Space Ratio map with a value of 0.185:1 to provide for 2923m2 of retail floor space · That an Additional Permitted Use mechanism be negotiated with the Department of Planning and Environment to allow for other non-retail uses on the site as normally permitted in the B2 zone. With the intended effect that the FSR above should only apply to retail forms of development. · That the proponent be advised that any future expansion, such as the foreshadowed Stage 2, will be dependent upon the primary trade area catchment achieving a residential population level of at least 7,000 people, with evaluation of the catchment population to be determined with reference to Census and other ABS data only. |
** Cr Kidd requested that his name be recorded as having voted against this decision of Council. **
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TRIM Reference: 2019/632 |
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RESOLVED - 19/234 Cr K Duffy/Cr S Munro That the report by the Senior Planner on the Review of the 2012 Community Based Heritage Study be noted.
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Cr Duffy requested information be circulated to Councillors regarding whether there would be a community based committee for the purpose of considering expansion or rezoning of Heritage areas in the future. |
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The General Manager advised that a memo will be circulated to Councillors on XXX |
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TRIM Reference: 2019/619 |
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RESOLVED - 19/235 Cr G Taylor/Cr K Duffy That Council resolves: That the body of the report on Traffic Generated by the Southern Feeder Road be noted and on completion of each stage of the Southern Feeder Road, the Road be named “Southern Feeder Road” in accordance with Section 162 of the Roads Act 1993.
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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 - 19/236 Cr S Munro/Cr J McRae 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 Lease NSW Telco Authority - 181 Icely Road 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 of 61 Casey 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. 6.3 Tenders for Burrendong Way Upgrade Stage 5 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 8.35pm
The Mayor declared the Ordinary Meeting of Council resumed at 9.08pm
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: 2019/615 |
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RESOLVED - 19/237 Cr G Taylor/Cr K Duffy That Council resolves: 1 To enter into a lease with NSW Telecommunication Authority for a period of 5 years plus 3 options to renew for a period of 5 years each of part of the Water Treatment Plan at 181 Icely Road, Orange with rental commencing at $11,000 per annum increased annually. 2 To grant approval for the use of the Council Seal on any necessary documentation.
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TRIM Reference: 2019/634 |
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MOTION Cr R Turner/Cr S Munro That Council resolves to: 1 Sell 61 Casey Street, Orange for the sum of $630,000 (incl GST) on the terms contained in this report. 2 That the proceeds be transferred to the Drainage Budget and Drainage Reserve (Stormwater Management Program). 3 Grant permission for the use of the Council Seal on any relevant document if required. |
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AMENDMENT Cr J McRae/Cr S Nugent That Council defer the item for a report to be furnished that provides a greater perspective on apportionment of costs. |
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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 - 19/238 Cr R Turner/Cr S Munro That Council resolves to: 1 Sell 61 Casey Street, Orange for the sum of $630,000 (incl GST) on the terms contained in this report, noting the cost of resolving the drainage issue on the site as an estimated $150,000. 2 That the proceeds be transferred to the Drainage Budget and Drainage Reserve (Stormwater Management Program). 3 Grant permission for the use of the Council Seal on any relevant document if required.
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TRIM Reference: 2019/668 |
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RESOLVED - 19/239 Cr S Nugent/Cr J Hamling That Council resolves to: 1 Approve the General Manager, or his nominee, to enter into a standard contract with Hynash Constructions Pty Ltd for the Burrendong Way Upgrade Stage 5 for the amount of $1,214,223.12 exclusive of GST; 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.
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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 9.10pm
This is Page Number 11 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 16 April 2019.