ORANGE CITY COUNCIL

 

MINUTES OF THE

Extraordinary Council Meeting

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

ON 17 October 2018

COMMENCING AT 7.00pm


 1      Introduction

Attendance

Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor (7.03pm), Cr R Turner, Cr J Whitton

Acting General Manager, Acting Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Manager Corporate Governance, Administration Trainee, Operations Manager, Manager Development Assessments, Manager Building and Environment

 

1.1     APOLOGIES

 

RESOLVED - 18/479                                                                           Cr J Hamling/Cr S Munro

That the apology be accepted from Cr T Mileto for the Council Meeting of Orange City Council on 17 October 2018.

1.2     LIVESTREAMING AND RECORDING

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

 

1.4     ACKNOWLEDGEMENT OF COUNTRY

 

1.5     Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests

Cr J Hamling declared a less than significant non-pecuniary interest in item 2.1 of the Extraordinary Planning and Development Policy Committee (DA 445/2011(4) – 47 Byng Street) as he and the applicant, in the lead up to the last election, gave active consideration to running on the same ticket. 


 

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.01PM.

 

OPEN FORUM

 

PDC – Item 2.2 – DA 302/2016(1) – 245 Lords Place

Olivia Lee

Ms Lee thanked Council staff for consulting with them during the development process and ensuring security of the Courthouse is upheld.

 

PDC – Item 2.1 – DA 445/2011(4) – 47 Byng Street

Mr John Edwards

Mr Edwards read out a letter from Betty Thompson raising concerns against the development.

Mr Edwards also spoke against the development.

 

Ms Katy Dunlop

Ms Dunlop spoke on her concerns regarding the development.

 

Ms Isabella Wallington

Ms Wallington spoke in favour of the development.

 

Mr Tom Messenger

Mr Messenger spoke in favour of the development.

 

Mr Peter Basha

Mr Basha spoke in favour of the application of the development.

 

Ms Jacinta Milne

Ms Milne spoke on her concerns against the development.

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.40PM.

 

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE EXTRAORDINARY PLANNING AND DEVELOPMENT COMMITTEE MEETING AT 7.40PM.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.40PM.


 

2       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 Acting 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.

The CWD asked why Item 2.1 Industrial Land was to be discussed in a closed meeting.

The Acting Director Corporate and Commercial Services advised that the report does qualify for confidentiality under Section 10A(2) of the Local Government Act 1993, 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.

 

RESOLVED - 18/485                                                                            Cr R Turner/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:

2.1     Industrial Land

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.

2.2     Tender - Decommissioning of Hawkes Dam

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 Extraordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 8.43pm.

The Mayor declared the Extraordinary Meeting of Council resumed at 9.10pm.


 

 

3       Resolutions from Closed Meeting

The Acting General Manager read out the following resolutions made in the Closed Meeting of Council.

2.1     Industrial Land

TRIM Reference:        2018/2438

RESOLVED - 18/486                                                                         Cr J Hamling/Cr J Whitton

Council resolve to approve:

1        That the General Manager be granted delegated authority to negotiate and/or bid at auction for the purchase land at 298 Clergate Road Lot 1 DP1085646 and for the purchase to be funded from property development fund.

2        That the land be classified operational on acquisition.

3        That the General Manager be delegated the authority necessary or convenient to give effect to this resolution, including but not limited to the affixing the Council Seal.

 

 

2.2     Tender - Decommissioning of Hawkes Dam

TRIM Reference:        2018/2498

RESOLVED - 18/487                                                                          Cr J Whitton/Cr S Nugent

That the Council resolves:

1        That Tender F3023 for the Decommissioning of Hawkes Dam, be awarded to CPB Excavations for their tendered price of $220,768 (Ex GST)

2        That permission be granted for the use of the Council Seal on any relevant document if required.

 

 

Division of Voting

Voted For

Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner, Cr J Whitton

Voted Against

Nil

Absent

Cr T Mileto

 

The Meeting Closed at 9.14pm.

 

This is Page Number 4 and the Final Page of the Minutes of the Extraordinary Meeting of Orange City Council held on 17 October 2018.