MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 7 November 2019
COMMENCING AT 7:01pm
Attendance
Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr R Turner, Cr J Whitton
Chief Executive Officer, Acting Director Development Services, Director Community, Recreation and Cultural Services, Governance Coordinator, Manager Corporate and Community Relations, Manager Financial Services, Manager Water & Sewer (Strategic), Manager Engineering Services
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RESOLVED - 19/530 Cr J Hamling/Cr M Previtera That the apologies be accepted from Cr G Taylor and Cr K Duffy for the Council Meeting of Orange City Council on 7 November 2019. |
For: Unanimous
Against: Nil
Absent: Cr Taylor, Cr Duffy
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 R Turner declared a Significant Non-Pecuniary Interest in item 2.2 of the Planning and Development Committee – DA 305/2019(1) - Lot 99 Emerald Street, as he owns land in this area.
Cr Whitton declared a Less than Significant Non-Pecuniary Interest in item 2.4 of the Planning and Development Committee – DA 232/2018(1) – Helipad – 1083 Forest Road, as he lives in the vicinity.
Cr J McRae declared a Non-Significant Non-Pecuniary Interest in item 2.1 of the Infrastructure Policy Committee – Minutes of the City of Orange Traffic Committee 8 October 2019 (Anson Street Parking) because she owns a business in this area.
Nil
LATE ITEM
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RESOLVED - 19/531 Cr S Munro/Cr J Hamling That the following late item be dealt with at the meeting of Orange City Council held on 7 November 2019: CCL 5.3 Request for Financial Assistance - Round 1 Of 2019/2020 - Event Sponsorship Program - Mccormack Barber Party Under The Stars New Year’s Eve Community Celebrations |
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.06PM
OPEN FORUM
Item 2.4 - Planning and Development – DA 232/2018(1) Helipad – 1083 Forest Road
Dean Brus - Mr Brus spoke in favour of the development.
James Dellow - Against
Sally Playfair – Against
Graham Thornberry – Against
Item 2.5 - Planning and Development – DA 71/2019 Gosling Creek Path Widening
Stephen Martin
Item 3.1 – Infrastructure Policy Committee – Current Works
Cyril Smith
Item 2.2 - Planning and Development – Lot 99 Emerald Street
AGAINST
Val Houlahan
Glen Prestwidge
Rachelle Drew
Joy Johnston
Phillip Johnston
Sunita Kumar
Satendra Kumar
Tony Hogarth
FOR
Matthew Ward – Aspect Buyers Agency
David Walker – Premise
Wendy Mason
Julianne Potts
Frances Young – Zonta Cub of Orange
Amanda Spalding
Sarah Priestley – Housing Plus
Bev Rankin – Fusion Australia Ltd
David Standley – Housing Plus
Darrell Hair
Rochelle Monaghan – Housing Plus
David Fisher – Housing Plus
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.07PM
3 Confirmation of Minutes of Previous Meeting
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RESOLVED - 19/532 Cr S Nugent/Cr S Romano That the Minutes of the Ordinary Meeting of Orange City Council held on 22 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 22 October 2019. |
For: Unanimous
Against: Nil
Absent: Cr Taylor, Cr Duffy
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 8.10PM
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 10.12PM
4 Notices of Motion/Notices of Rescission
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TRIM Reference: 2019/2364 |
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MOTION Cr S Munro/Cr J Hamling That staff bring a report to Council on the potential of Council adding traffic calming infrastructure/traffic control in Turner Crescent in close proximity to the approved childcare building. |
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AMENDMENT Cr R Turner/Cr J Whitton That Council review the status of traffic and safety after a period of 6 months Childcare centre operation. |
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ON BEING PUT TO THE MEETING THE AMENDMENT WAS LOST For: Cr Hamling, Cr Turner, Cr Mileto Against: Cr Whitton, Cr Nugent, Cr McRae, Cr Kidd, Cr Previtera, Cr Munro, Cr Romano Absent: Cr Taylor, Cr Duffy |
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RESOLVED - 19/556 Cr S Munro/Cr J Hamling That staff bring a report to Council on the potential of Council adding traffic calming infrastructure/traffic control in Turner Crescent in close proximity to the approved childcare building.
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For: Cr McRae, Cr Whitton, Cr Nugent, Cr Kidd, Cr Hamling, Cr Romano, Cr Previtera, Cr Munro
Against: Cr Turner, Cr Mileto
Absent: Cr Taylor, Cr Duffy
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TRIM Reference: 2019/2383 |
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RESOLVED - 19/557 Cr J McRae/Cr S Nugent That a report be brought to Council on the levers available to Council to support Orange CBD businesses.
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For: Unanimous
Against: Nil
Absent: Cr Taylor, Cr Duffy
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RESOLVED - 19/558 Cr J McRae/Cr M Previtera That, with the time being 10.30pm, Council resolved to continue the meeting in accordance with the Code of Meeting Practice. |
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TRIM Reference: 2019/2277 |
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RESOLVED - 19/559 Cr J Whitton/Cr J Hamling That Council resolves: 1 That the information provided in the report on the quarterly budget and performance indicators review for July to September 2019 be acknowledged. 2 The bank reconciliation statement be acknowledged. 3 To adopt unfavourable variations in the consolidated overall cost to council arising from the September 2019 quarterly review amounting to $426,028.
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For: Unanimous
Against: Nil
Absent: Cr Taylor, Cr Duffy
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TRIM Reference: 2019/2382 |
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RESOLVED - 19/560 Cr J Hamling/Cr S Munro That Council nominate Cr Hamling to attend the 2019 Australian Airports Association Annual Conference 19-22 November 2019 on the Gold Coast.
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For: Unanimous
Against: Nil
Absent: Cr Taylor, Cr Duffy
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5.3 Request for Financial Assistance - Round 1 of 2019/2020 - Event Sponsorship Program - McCormack Barber Party Under The Stars New Year’s Eve Community Celebrations TRIM Reference: 2019/2404 |
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MOTION Cr J Hamling/Cr J McRae The Council resolves: 1 That funding of $10,000.00 be made from the Event Sponsorship Program Fund to the McCormack Barber Party under the Stars New Year’s Eve Community Celebrations (event promotion). 2 To place the proposed allocation of funds to McCormack Barber 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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AMENDMENT Cr J Hamling/Cr S Munro The Council resolves: 1 That funding of $20,000.00 be made from the Event Sponsorship Program Fund to the McCormack Barber Party under the Stars New Year’s Eve Community Celebrations (event promotion). 2 To place the proposed allocation of funds to McCormack Barber 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). 3 That McCormack Barber promote the support received from Orange City Council for the event and that Council’s support be included in all media announcements. |
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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 - 19/561 Cr J Hamling/Cr S Munro The Council resolves: 1 That funding of $20,000.00 be made from the Event Sponsorship Program Fund to the McCormack Barber Party Under the Stars New Year’s Eve Community Celebrations (event promotion). 2 To place the proposed allocation of funds to McCormack Barber 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). 3 That McCormack Barber promote the support received from Orange City Council for the event and that Council’s support be included in all media announcements. |
For: Unanimous
Against: Nil
Absent: Cr Taylor, Cr Duffy
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 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 - 19/562 Cr J McRae/Cr S Nugent 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 EOI - Loan Borrowings 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 Acquisition Easement Lot 39 DP 788920 - Construction of Sewer Easement 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 Acquisition Easement Lot 44 DP 788920 - Construction of Sewer Easement 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 Easement Lot 54 DP 867205 - Construction of Sewer Easement 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 10.47pm.
The Mayor declared the Ordinary Meeting of Council resumed at 10.49pm.
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: 2019/2271 |
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RESOLVED - 19/563 Cr J Whitton/Cr S Munro That Council resolves: 1 That the loan funds be drawn from T-Corp (NSW Treasury Corporation) repaid in quarterly instalments over 5 years. 2 That should T-Corp (NSW Treasury Corporation) be unable to furnish our request, the loan funds are drawn from the Commonwealth Bank of Australia to be repaid over five years in quarterly instalments. 3 That the Chief Executive Officer be authorised to execute relevant documents. 4 That approval be granted for use of the Council Seal on all relevant documents if required. 5 That necessary advice be supplied to the NSW Government on Council’s borrowings.
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For: Unanimous
Against: Nil
Absent: Cr Taylor, Cr Duffy
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TRIM Reference: 2019/2337 |
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RESOLVED - 19/564 Cr J Whitton/Cr S Munro 1 That Council acquire as easement approximately 173.2 m2 over Lot 39 DP 788920 under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991 for the amount of $31,168. 2 That the Chief Executive Officer be authorised to finalise the acquisition. 3 That permission be granted for the use of the Council Seal on any document if required.
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For: Unanimous
Against: Nil
Absent: Cr Taylor, Cr Duffy
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TRIM Reference: 2019/2339 |
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RESOLVED - 19/565 Cr J Whitton/Cr S Nugent 1 That Council acquire as easement approximately 496.9 m2 over Lot 44 DP 788920 under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991 for the amount of $31,937. 2 That the Chief Executive Officer be authorised to finalise the acquisition. 3 That permission be granted for the use of the Council Seal on any document if required.
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For: Unanimous
Against: Nil
Absent: Cr Taylor, Cr Duffy
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TRIM Reference: 2019/2347 |
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RESOLVED - 19/566 Cr J Hamling/Cr R Turner 1 That Council acquire as easement approximately 128m2 over Lot 54 DP 867205 under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991 for the amount of $4,000. 2 That the Chief Executive Officer be authorised to finalise the acquisition. 3 That permission be granted for the use of the Council Seal on any document if required.
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For: Unanimous
Against: Nil
Absent: Cr Taylor, Cr Duffy
The Meeting Closed at 10.49pm
This is Page Number 9 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 7 November 2019.