MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 22 October 2019
COMMENCING AT 7:00PM
Attendance
Cr R Kidd (Mayor) (7.30pm), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr G Taylor, Cr R Turner, Cr J Whitton
Chief Executive Officer, Acting Director Corporate and Commercial Services (Freeman), Acting Director Development Services (Hodges), Director Community, Recreation and Cultural Services, Director Technical Services, Manager Corporate and Community Relations, Manager Development Assessments, Manager Business Development, Legal and Property Officer (Hyde)
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RESOLVED - 19/506 Cr J Whitton/Cr S Nugent That the apologies be accepted from Cr M Previtera and for lateness Cr R Kidd (Mayor) for the Council Meeting of Orange City Council on 22 October 2019. |
For: Cr Romano, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Previtera, Cr Kidd
1.2 LIVESTREAMING AND RECORDING
The Deputy Mayor advised that the meeting was being livestreamed and recorded.
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RESOLVED - 19/507 Cr K Duffy/Cr S Munro That WIN News be given permission to record the Council Meeting. |
For: Cr Romano, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Previtera, Cr Kidd
1.3 ACKNOWLEDGEMENT OF COUNTRY
1.4 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Nil
Nil
THE DEPUTY MAYOR READ OUT THE GOOD NEWS FOLDER
1 Email from Norm Bolitho wishing to pass on his gratitude to Councillors for their valuable time to listen to concerns of residents regarding the Housing Plus development that was to be at 78 Forbes Road as well as the executives of the Planning department for their patience dealing with many enquiries.
Also thanking staff on the customer service counter for their smiling faces.
2 Email from Ria White passing on her thank you to 2 Council staff members, Sally-Lea Bilby and Sanjay Sood who recently assisted her with an enquiry. They were extremely friendly, knowledgeable and professional to the core.
3 Email from Cr McRae who attended the Mission Australia Benjamin Short Grove opening of Frog Ponds and Insect Hotel and they particularly commended Jay from the Botanic Gardens team on his work with them, including visits to the Botanic Gardens and assistance with plant selection and general all round good guy.
THE DEPUTY MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.10PM
OPEN FORUM
Mr Vijay Bohra spoke in support of item 5.4 Request for Financial Assistance on behalf of Desi Aussies of Orange
Mr John Chamberlain spoke in support of item 4.1 Rescission Motion: DA 215/2019(1) - 36-40 Turner Crescent Orange
Mr Graeme Scott spoke in support of item 4.1 Rescission Motion: DA 215/2019(1) - 36-40 Turner Crescent Orange
THE DEPUTY MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.20PM
3 Confirmation of Minutes of Previous Meeting
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RESOLVED - 19/508 Cr S Nugent/Cr K Duffy That the Minutes of the Ordinary Meeting of Orange City Council held on 1 October 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 1 October 2019. |
For: Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Previtera, Cr Kidd
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RESOLVED - 19/509 Cr R Turner/Cr T Mileto That the Minutes of the Extraordinary Meeting of Orange City Council held on 8 October 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 8 October 2019. |
For: Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Previtera, Cr Kidd
** Cr Kidd (Mayor) arrived at the meeting with the time being 7.25pm and took the Chair. **
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RESOLVED - 19/510 Cr K Duffy/Cr G Taylor That Item 4.2 (Notice of Motion – Mitchell Highway Public Reserve Rezoning) be dealt with before Item 4.1 (Rescission Motion – DA 215/2019(1) – 36-40 Turner Crescent, Orange).
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For: Cr Kidd, Cr Duffy, Cr Munro, Cr Romano Cr Taylor, Cr Whitton
Against: Cr Hamling, Cr McRae, Cr Mileto, Cr Nugent, Cr Turner
Absent: Cr Previtera
4 Notices of Motion/Notices of Rescission
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TRIM Reference: 2019/2222 |
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MOTION Cr K Duffy/Cr G Taylor That Council: 1 Seek rezoning of Lot 196 DP 1007290 from Public Reserve to Operational Land; 2 Seek Mitchell Highway (Molong Road) Access on Lot 196 DP 1007290. |
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AMENDMENT Cr J McRae/Cr S Nugent That this item be deferred in order to receive further information from staff. For: Cr McRae, Cr Nugent, Cr Turner Against: Cr Kidd, Cr Duffy, Cr Hamling, Cr Mileto, Cr Munro, Cr Romano, Cr Taylor, Cr Whitton Absent: Cr Previtera |
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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 - 19/511 Cr K Duffy/Cr G Taylor That Council: 1 Seek rezoning of Lot 196 DP 1007290 from Public Reserve to Operational Land; 2 Seek Mitchell Highway (Molong Road) Access on Lot 196 DP 1007290.
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For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Munro, Cr Romano, Cr Taylor, Cr Whitton
Against: Cr McRae, Cr Mileto, Cr Nugent, Cr Turner
Absent: Cr Previtera
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TRIM Reference: 2019/2294 |
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RESCISSION MOTION Cr K Duffy/Cr S Munro 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 Hamling, Cr Romano, Cr Taylor, Cr Whitton
Against: Cr Kidd, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Turner
Absent: Cr Previtera
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TRIM Reference: 2019/2152 |
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RESOLVED - 19/512 Cr J McRae/Cr S Nugent That Council be provided with a report including the following information for the current Council term: 1 Councillor Training. 2 Councillor attendance at Council Meetings. 3 Councillor attendance at Community Committee Meetings. 4 Councillor attendance at briefing sessions and workshops. 5 Councillor Code of Conduct Training completed within the required time period. 6 Completion of Declarations of Interest by due dates.
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For: Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Nugent, Cr Turner
Against: Cr Duffy, Cr Munro, Cr Romano, Cr Taylor, Cr Whitton
Absent: Cr Previtera
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TRIM Reference: 2019/2261 |
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RESOLVED - 19/513 Cr J McRae/Cr S Nugent That Council review the Strategic Policy ST109 – Local Preference Purchasing with a view to increasing the 2% local price advantage and possibly including a NSW/Australian made component, thus increasing Orange City Council’s economic impact and supporting local businesses to supply goods and services to council.
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For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Previtera
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TRIM Reference: 2019/2269 |
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MOTION Cr S Munro/Cr J Hamling That Council resolves: 1 That an invitation be extended to developers to attend a forum to discuss issues faced by developers in Orange; 2 That Councillor Munro be appointed to chair the forum and the CEO be invited to attend as the only Council staff attendee. |
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AMENDMENT Cr S Munro/Cr K Duffy That Council resolves: 1 That an invitation be extended to developers to attend a forum to discuss issues faced by developers in Orange; 2 That the Mayor, Deputy Mayor and Chair of PDC Committee Councillor Turner be invited to chair the forum and the CEO be invited to attend with a scribe. For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton Against: Nil Absent: Cr Previtera |
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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 LOST |
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For: Cr Kidd, Cr Hamling, Cr Munro, Cr Romano, Cr Turner Against: Cr Duffy, Cr McRae, Cr Mileto, Cr Nugent, Cr Taylor, Cr Whitton Absent: Cr Previtera |
5 General Reports
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TRIM Reference: 2019/2238 |
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RESOLVED - 19/514 Cr J Whitton/Cr S Nugent 1 That the resolutions made by the Planning and Development Committee at its meeting held on 1 October 2019 be noted. 2 That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 1 October 2019 be noted. 3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 1 October 2019 be noted. 4 That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 1 October 2019 be noted. 5 That the resolutions made by the Finance Policy Committee at its meeting held on 1 October 2019 be noted. 6 That the resolutions made by the Services Policy Committee at its meeting held on 1 October 2019 be noted.
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For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Previtera
** Cr Romano left the meeting with the time being
9.35pm**
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5.2 Update on Outstanding Resolutions of Council including Questions Taken on Notice and Notices of Motions. TRIM Reference: 2019/2239 |
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RESOLVED - 19/515 Cr S Nugent/Cr G Taylor 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: Cr Kidd, Cr Duffy Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Previtera, Cr Romano
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TRIM Reference: 2019/2237 |
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RESOLVED - 19/516 Cr J Whitton/Cr S Nugent That Council resolves: 1 To note the Statement of Investments as at 30 September 2019. 2 To adopt the certification of the Responsible Accounting Officer.
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For: Cr Kidd, Cr Duffy Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Previtera, Cr Romano
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TRIM Reference: 2019/2221 |
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RESOLVED - 19/517 Cr R Turner/Cr T Mileto The Council resolves: 1 That funding of $1,000.00 be made from the Regional Enterprise Development – Skills and Training Program Fund to the Creative Bootcamp Workshop (event promotion). 2 That 3rd Orange Scout Camp not be funded. 3 That funding of $1,437.00 be made from the Regional Enterprise Development – Skills and Training Program Fund to the Orange Jobs expo and Try A Trade Day 2019 (Council venue hirer). 4 That funding of $1,393.95 be made from the Event Sponsorship Program Fund to the Orange Campdraft and Rodeo Inc (Council venue hirer, water carting). 5 That Orange City Bowling Club not be funded. 6 That funding of $3,500.00 be made from the Event Sponsorship Program Fund to the Gnoo Blas Classic Car Club (event promotion). 7 That funding of $2,255.00 be made from the Event Sponsorship Program Fund to the Desi Aussies of Orange (Council venue hirer, event promotion). 8 That funding of $5,000.00 be made from the Event Sponsorship Program Fund to the FOOD Week Inc (event promotion). 9 That funding of $1,000.00 be made from the Event Sponsorship Program Fund to the Allegri Singers (event promotion). 10 That funding of $3,500.00 be made from the Event Sponsorship Program Fund to the Bicycle Network Inc (event promotion). 11 Place the proposed allocation of funds to Jumbled who is a business acting for profit on public exhibition for a minimum of 28 days (in accordance with section 356 of the Local Government Act 1993).
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For: Cr Kidd, Cr Duffy Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Previtera, Cr Romano
** Cr Romano returned to meeting with the time being 9.43pm**
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TRIM Reference: 2019/2175 |
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RESOLVED - 19/518 Cr J Hamling/Cr S Nugent That Council exhibit for 28 days the intention to provide funding to Roundhouse Entertainment for the Heifer Station A Day on the Green to support the event and site establishment as follows: · Year 1 2019/20 - $40,000 · Year 2 2020/21 - $10,000 · Year 3 2021/22 - $10,000
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For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Previtera
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TRIM Reference: 2019/2240 |
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RESOLVED - 19/519 Cr J Hamling/Cr J Whitton That the Register of Returns for the period 1 July 2018 – 30 June 2019 disclosing interests of Councillors and Designated Persons and tabled at the Council Meeting of 22 October 2019 be acknowledged.
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For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Previtera
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TRIM Reference: 2019/2231 |
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RESOLVED - 19/520 Cr R Kidd/Cr S Munro That Council resolve to approve a School Based Trainee Program as detailed in the report.
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For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Previtera
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TRIM Reference: 2019/2024 |
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RESOLVED - 19/521 Cr S Nugent/Cr J Whitton That Council resolves to adopt the following policies: · ST134 – Strategic Policy – Vehicle Access – Orange Airport · ST039 – Gifts and Benefits
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For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Previtera
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TRIM Reference: 2019/2260 |
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RESOLVED - 19/522 Cr R Turner/Cr S Nugent That Council acknowledge the report by the Manager Development Assessments.
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For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Previtera
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TRIM Reference: 2019/2272 |
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RESOLVED - 19/523 Cr R Turner/Cr T Mileto That Council resolves: 1 To acknowledge the reports presented to the City of Orange Traffic Committee at its meeting of 10 September 2019. 2 Recommendations 3.1 to 3.4 from the minutes of the City of Orange Traffic Committee meeting of 10 September 2019 being: 3.1 That the Conditional Approval for the Orange Triathlon Events - 2019/2020 Season be endorsed subject to compliance with the attached conditions; 3.2 That Council approves the conditional approval for the Santa Arrival event on 30 November 2019; 3.3 That the Conditional Approval for the 2020 Orange Running Festival on 8 March 2020 be endorsed subject to compliance with the attached conditions; 3.4 That Council change the 45 degree parking to parallel parking at the eastern arm of the corner of Kite Street and Lords Place.
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For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Previtera
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TRIM Reference: 2019/1852 |
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RESOLVED - 19/524 Cr S Nugent/Cr S Munro 1 That Lot 13 DP 1255866 Sophie Drive be classified as Operational Land pursuant to Chapter 6, Part 2 of the Local Government Act 1993. 2 That authority be granted to affix the Council Seal on necessary documentation if required.
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For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Previtera
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TRIM Reference: 2019/2199 |
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RESOLVED - 19/525 Cr J Hamling/Cr S Nugent That Council resolves: 1 The Civic Centre, Giyalang Ganya and Works Depot close down for the Christmas period from Wednesday 25 December 2019 to Wednesday 1 January 2020 (inclusive). 2 During the period 25 December 2019 to 4 February 2020, Council delegate its function to determine development applications and planning matters, with the exception of matters that cannot be delegated under the Local Government Act 1993 or the Environmental Planning and Assessment Act 1979, in circumstances where it is unreasonable to defer consideration of the matter, to the Mayor, Chairperson of the Planning and Development Committee, and the Chief Executive Officer (so that the Chief Executive Officer and either the Mayor OR the Chairperson of the Planning and Development Committee, are available to determine matters).
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For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Previtera
In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the Chief Executive Officer, 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 Chief Executive Officer 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 - 19/526 Cr J Whitton/Cr S Munro 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 Tender Construction of Wade Park Indoor Cricket Centre 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 and (d)i commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it. 6.2 Lease 6 Astill Drive 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. |
The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 10.04pm.
The Mayor declared the Ordinary Meeting of Council resumed at 10.43pm.
7 Resolutions from Closed Meeting
The Acting Director Corporate and Commercial Services read out the following resolutions made in the Closed Meeting of Council.
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TRIM Reference: 2019/2113 |
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RESOLVED - 19/527 Cr J Hamling/Cr S Munro That Council resolves to: 1 Award the contract for the Architectural Design for the Construction of the Wade Park Indoor Cricket Centre to Hines Constructions Pty Ltd for the amount of $2,830,532; 2 Allocate $150,000 for the fit out of the indoor cricket pitches and netting system; 3 Allocate a contingency for the project as detailed in this report to be managed during the project; and 4 Grant permission to affix the Council Seal to 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 G Taylor, Cr R Turner, Cr J Whitton |
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Voted Against |
Nil |
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Absent |
Cr M Previtera |
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TRIM Reference: 2019/1976 |
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RESOLVED - 19/528 Cr K Duffy/Cr S Munro That Council resolves: 1 To enter into a lease of 6 Astill Street for a term of 5 years plus 2 one year options. 2 That permission be granted for the use of the Council seal on any necessary documentation.
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For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Previtera
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RESOLVED - 19/529 Cr Kidd/Cr Turner That Council delegates to the Chief Executive Officer to manage the proceedings commenced by Housing Plus in the Land and Environment Court in respect of Council’s Refusal of Development Application 141/2019(1) for Multi-Dwelling Housing at 78 Lantana Place, Orange. |
For: Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Romano, Cr Turner
Against: Cr Duffy, Cr Taylor, Cr Whitton
Absent: Cr Previtera
The Meeting Closed at 10.44pm
This is Page Number 16 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 22 October 2019.