MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 17 September 2019
COMMENCING AT 7.00pm
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
Chief Executive Officer, Acting Director Corporate and Commercial Services, Acting Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Financial Services, Manager Corporate and Community Relations, Manager Development Assessments, Manager Engineering Services, User Support Officer (Merrifield)
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RESOLVED - 19/457 Cr T Mileto/Cr S Munro That the apologies be accepted from Cr J Hamling for the Council Meeting of Orange City Council on 17 September 2019. |
For: Unanimous
Against: Nil
Absent: Cr Hamling
1.2 LIVESTREAMING AND RECORDING
The Mayor advised that the meeting was being livestreamed and recorded.
1.5 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Cr
G Taylor declared a pecuniary interest in item 5.12 DA 222/2019(1) 10 William
Street, Orange as he undertook work at the property as a contractor.
2 MAYORAL MINUTES
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2.1 Central NSW Joint Organisation Meeting and Centroc Board Meeting - 22 August 2019 - Board Report TRIM Reference: 2019/1892 |
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RESOLVED - 19/458 Cr S Nugent/Cr J McRae That the information contained in this Mayoral Minute be acknowledged and that: 1 Council note the advice regarding the Big Ideas Workshop to be held in Bathurst on Thursday 26 September 2019. 2 Council engage with the Rural Doctors network regarding Rural Health Pro.
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For: Unanimous
Against: Nil
Absent: Cr Hamling
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RESOLVED - 19/459 Cr J Whitton/Cr S Munro That Item 5.1 and 5.2 be dealt with next on the agenda.
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For: Unanimous
Against: Nil
Absent: Cr Hamling
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5.1 Election of Deputy Mayor TRIM Reference: 2019/1937 |
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RESOLVED - 19/460 Cr S Munro/Cr S Romano That Council resolves: 1 That Council elect a Deputy Mayor for the 2019 to 2020 period. 2 That the method of voting for the election of Deputy Mayor be ordinary ballot. 3 That the Chief Executive Officer, acting as the Returning Officer, conduct the election for the Deputy Mayor.
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For: Unanimous
Against: Nil
Absent: Cr Hamling
The Chief Executive Officer advised that nominations for Deputy Mayor had been received from:
· Cr T Mileto
· Cr S Munro
· Cr S Romano
· Cr J Whitton
Following the first round of voting, Cr Mileto received 5 votes, Cr Romano received 3 votes, Cr Whitton received 2 votes and Cr Munro received 1 vote. As Cr Munro had the lowest number of votes his nomination was excluded and a new ballot conducted with the remaining candidates.
Following the second round of voting, Cr Mileto received 5 votes, Cr Romano received 4 votes and Cr Whitton received 2 votes. As Cr Whitton had the lowest number of votes his nomination was excluded and a new ballot conducted with the remaining candidates.
Following the third round of voting, Cr Romano received 6 votes and Cr Mileto received 5 votes.
As Cr Romano had the highest number of votes, he was declared elected to the position of Deputy Mayor.
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TRIM Reference: 2019/1938 |
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RESOLVED - 19/461 Cr T Mileto/Cr S Munro That Council resolves to adopt: 1 The Policy Committee Structure set out in Attachment 1 to this Agenda; and 2 That the method of voting for the election of Policy Committee Chairs be by ordinary ballot; and 3 That the Chief Executive Officer, acting as Returning Officer, conduct the election for the Policy Committee Chairs.
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For: Unanimous
Against: Nil
Absent: Cr Hamling
The Chief Executive Officer conducted an election of Policy Committee Chairs.
Finance Policy Committee
A nomination was received for Cr McRae.
Cr McRae was elected Chairperson of the Finance Policy Committee.
Infrastructure Policy Committee
A nomination was received for Cr Whitton.
Cr Whitton was elected Chairperson of the Infrastructure Policy Committee.
Sport and Recreation Policy Committee
A nomination was received for Cr Hamling.
Cr Hamling was elected Chairperson of the Sport and Recreation Policy Committee.
Environmental Sustainability Policy Committee
Nominations were received for Cr Nugent and Cr Previtera.
Following voting, Cr Previtera received 6 votes and Cr Nugent received 5 votes.
Cr Previtera was elected Chairperson of the Environmental Sustainability Policy Committee.
Planning and Development Policy Committee
A nomination was received for Cr Turner.
Cr Turner was elected Chairperson of the Planning and Development Policy Committee.
Employment and Economic Development Policy Committee
A nomination was received for Cr Mileto.
Cr Mileto was elected Chairperson of the Employment and Economic Development Policy Committee.
Services Policy Committee
Nominations were received for Cr Nugent and Cr Munro.
Following voting, Cr Munro received 6 votes and Cr Nugent received 5 votes.
Cr Munro was elected Chairperson of the Services Policy Committee.
The Mayor read out the elected Chairpersons of the Policy Committees.
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.30PM.
OPEN FORUM
Item 4.1 – Rescission Motion – DA 141/2019(1) - Lot 78 Lantana Place
78 Lantana Place
Luke Holden – spoke against the development
Jordan Naylor – spoke against the development
Andrea Ferry – spoke against the development
Joshua Ferry – spoke against the development
Mark Turner – spoke against the development
Martin Berndt – spoke against the development
Jessica Berndt – spoke against the development
Catherine Clark – spoke against the development
Danielle Collison – spoke against the development
David Fisher (Housing Plus) - Applicant
Sarah Priestley (Housing Plus) - Applicant
Scott Taylor (Housing Plus) - Applicant
Justin Cantelo (Housing Plus) - Applicant
Item 5.12 - DA 222/2019(1) - 10 William Street
Dianne Gee – spoke in favour of having tree removed
Lisa Brisbane – spoke in favour of having tree removed
Item 5.11 - Gosling Creek Reserve Plan of Management
Nick King (ECCO) – expressed concerns about the revised Gosling Creek Reserve Plan of Management.
THE MAYOR
DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.45 PM
3 CONFIRMATION OF MINUTES OF PREVIOUS MEETING
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RESOLVED - 19/462 Cr S Romano/Cr T Mileto That the Minutes of the Ordinary Meeting of Orange City Council held on 3 September 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 3 September 2019. |
For: Unanimous
Against: Nil
Absent: Cr Hamling
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RESOLVED - 19/463 Cr R Turner/Cr S Nugent That the Minutes of the Extraordinary Meeting of Orange City Council held on 10 September 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 10 September 2019. |
For: Unanimous
Against: Nil
Absent: Cr Hamling
4 Notices of Motion/Notices of Rescission
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TRIM Reference: 2019/1951 |
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RESOLVED - 19/464 Cr K Duffy/Cr G Taylor That Council rescind the following resolution of the Planning and Development Committee Meeting of 3 September 2019.
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For: Cr Duffy, Cr Kidd, Cr Whitton, Cr Taylor, Cr Munro, Cr Previtera, Cr Romano, Cr Turner
Against: Cr McRae, Cr Mileto, Cr Nugent
Absent: Cr Hamling
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Cr Duffy requested a report be brought to Council identifying the mechanisms available to address suitable locations in Orange for development of social housing. |
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TRIM Reference: 2019/1939 |
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RESOLVED - 19/465 Cr S Nugent/Cr T Mileto That Council approves as follows: 1 The meeting schedule as set out in the Code of Meeting Practice; and 2 An Ordinary Meeting of Council be held on the first Tuesday of the month at 7pm; and 3 Ordinary Policy Committees (being the Planning and Development Committee, Employment and Economic Development Policy Committee, Infrastructure Policy Committee, Sport and Recreation Policy Committee, Environmental Sustainability Policy Committee, Finance Policy Committee, Services Policy Committee) be held on the first Tuesday of each month as part of a Council Meeting to commence at 7pm; and 4 An Open Forum is held at the first and/or second meeting of each month subject to requirement; and 5 An Ordinary Council Meeting be held on the third Tuesday of each month commencing at 7pm; and 6 Councillor Workshops/Briefings be held on the second Tuesday of each month if required, commencing at 6pm.
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For: Unanimous
Against: Nil
Absent: Cr Hamling
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TRIM Reference: 2019/1953 |
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RESOLVED - 19/466 Cr S Nugent/Cr M Previtera 1 That the resolutions made by the Planning and Development Committee at its meeting held on 3 September 2019 be noted. 2 That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 3 September 2019 be noted. 3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 3 September 2019 be noted. 4 That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 3 September 2019 be noted. 5 That the resolutions made by the Finance Policy Committee at its meeting held on 3 September 2019 be noted. 6 That the resolutions made by the Services Policy Committee at its meeting held on 3 September 2019 be noted.
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For: Unanimous
Against: Nil
Absent: Cr Hamling
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5.5 Update on Outstanding Resolutions of Council including Questions Taken on Notice and Notices of Motions. TRIM Reference: 2019/1955 |
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RESOLVED - 19/467 Cr S Nugent/Cr R Turner 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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For: Unanimous
Against: Nil
Absent: Cr Hamling
MATTER ARISING
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Cr Taylor requested Councillors be provided with an update on the upgrading of line marking for disabled carparks in Orange. |
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TRIM Reference: 2019/1829 |
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RESOLVED - 19/468 Cr J Whitton/Cr S Munro 1 That Council resolve to authorise the Mayor, Chairperson of Finance Policy Committee, Chief Executive Officer and Responsible Accounting Officer to sign the Statement by Council and Management for the General Purpose and Special Purpose Financial Statements in order for Council’s Auditors to conduct the audit and upon completion of the audit, issue an audit statement in accordance with section 413(2)(c) of the Local Government Act 1993. 2 That Council’s Auditor be invited to present the Audit Report to Council.
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For: Unanimous
Against: Nil
Absent: Cr Hamling
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TRIM Reference: 2019/1949 |
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RESOLVED - 19/469 Cr J Whitton/Cr R Turner That Council resolves: 1 To note the Statement of Investments as at 31 August 2019. 2 To adopt the certification of the Responsible Accounting Officer.
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For: Unanimous
Against: Nil
Absent: Cr Hamling
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TRIM Reference: 2019/1899 |
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RESOLVED - 19/470 Cr S Munro/Cr S Nugent That Council resolves the following projects are to be submitted in order to the Stronger Country Communities Fund Round 3: 1 New toilet in three local parks. 2 Extra footpaths. 3 ANZAC Park netball courts. 4 Supported Housing for youth. 5 Bicycle education park. 6 Orange Youth Hub
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For: Unanimous
Against: Nil
Absent: Cr Hamling
** Cr Taylor left the Chamber. **
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TRIM Reference: 2019/1934 |
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RESOLVED - 19/471 Cr J Whitton/Cr M Previtera That the Performance Indicators - Final Quarter 2018/19 be acknowledged.
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For: Unanimous
Against: Nil
Absent: Cr Hamling, Cr Taylor
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5.10 Requests for Financial Assistance - Quarter 2 of 2019/20 General Donations - Correction of Missing Resolution TRIM Reference: 2019/1945 |
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RESOLVED - 19/472 Cr S Nugent/Cr T Mileto The Council resolves: 1 That a donation of $2,000.00 be made from the General Donations Program to Come Together Choir (Purchase of Uniforms).
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For: Unanimous
Against: Nil
Absent: Cr Hamling, Cr Taylor
** Cr Taylor returned to the Chamber. **
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TRIM Reference: 2019/1944 |
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RESOLVED - 19/473 Cr S Romano/Cr K Duffy That Council resolve to forward the amended draft Gosling Creek Reserve Plan of Management and comments received during the public exhibition period to the Minister for Lands and Forestry for approval and adoption.
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For: Cr Kidd, Cr Duffy, Cr McRae, Cr Mileto, Cr Munro, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Cr Nugent
Absent: Cr Hamling
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TRIM Reference: 2019/1946 |
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Cr G Taylor declared a pecuniary interest in this item as he undertook work at the property as a contractor, left the Chamber, and did not participate in the voting or debate on this item. |
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MOTION That Council refuses development application DA 222/2019(1) for Demolition (tree removal) at Lot 2 Sec C DP 714681 - 10 William Street, Orange for the following reasons: 1 The subject tree is a healthy specimen and structurally sound. 2 Tree removal will have adverse impacts on the heritage significance of this neighbourhood in the East Orange Heritage Conservation Area. 3 Tree removal will have adverse visual impacts on the streetscape. 4 Tree removal will have adverse impacts on the landscape setting in the locality. |
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AMENDMENT Cr K Duffy/Cr S Munro That Council staff bring back to the Council within 14 days a notice of approval to development application DA 222/2019(1) for Demolition (tree removal) at Lot 2 Sec C DP 714681 - 10 William Street, Orange. |
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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 - 19/474 Cr K Duffy/Cr S Munro That Council staff bring back to the Council within 14 days a notice of approval to development application DA 222/2019(1) for Demolition (tree removal) at Lot 2 Sec C DP 714681 - 10 William Street, Orange.
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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 McRae, Cr T Mileto, Cr S Munro, Cr M Previtera, Cr R Turner, Cr J Whitton |
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Voted Against |
Cr S Nugent |
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Absent |
Cr J Hamling, Cr G Taylor |
** Cr Taylor returned to the Chamber. **
** Cr Romano left the Chamber. **
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TRIM Reference: 2019/2027 |
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RESOLVED - 19/475 Cr K Duffy/Cr S Nugent That Council resolves: 1 That Pursuant to s.296(2), (3) and (5A) of the Local Government Act 1993 (NSW) (“the Act”) that an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council. 2 That pursuant to s.296(2), (3) and (5A) of the Act, as applied and modified by s.18, that a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council. 3 That pursuant to s.296(2), (3) and (5A) of the Act, as applied and modified by s.18, that a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council. 4 That permission be granted for the use of the Council Seal on all relevant documents.
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For: Cr Kidd, Cr Duffy, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Hamling, Cr Taylor
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 - 19/476 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 Acceptance of Tender for CBD Under Awning Whiteway Lighting 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 Crown Land Negotiation 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. |
For: Cr Kidd, Cr Duffy, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Hamling, Cr Romano
The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 9.45pm.
The Mayor declared the Ordinary Meeting of Council resumed at 10.05pm.
7 Resolutions from Closed Meeting
The Chief Executive Officer read out the following resolutions made in the Closed Meeting of Council.
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TRIM Reference: 2019/1858 |
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RESOLVED - 19/477 Cr S Nugent/Cr J Whitton That Council resolves to: 1 Accept the coloured lighting tender from Large Industries Pty Ltd as for Separable portions Design, 3, 4 and 6 at a cost of $1,719,372.66. 2 Grant permission to the Chief Executive Officer 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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For: Cr Kidd, Cr Duffy, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Hamling, Cr Romano
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TRIM Reference: 2019/1634 |
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RESOLVED - 19/478 Cr R Kidd/Cr G Taylor That Council resolves to defer this item.
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For: Unanimous
Against: Nil
Absent: Cr Hamling
The Meeting Closed at 10.10PM
This is Page Number 13 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 17 September 2019.