MINUTES OF THE
Ordinary Council Meeting
HELD IN Via online video conferencing platform Zoom
ON 2 June 2020
COMMENCING AT 7.00pm
Attendance
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
Chief Executive Officer, Acting Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Financial Services, Manager Engineering Services, Governance Coordinator, Administration Officer – Governance
Nil
The Mayor advised that the meeting was being livestreamed and recorded.
1.4 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Cr R Kidd declared a less than significant non-pecuniary interest in item 2.2 of the Finance Policy Committee (Request for Financial Assistance – Duntryleague Golf Club) as he and his wife are members of Duntryleague.
Cr J Hamling declared a less than significant non-pecuniary interest in item 2.2 of the Finance Policy Committee (Request for Financial Assistance – Duntryleague Golf Club) as he is a member of Duntryleague.
Cr J McRae declared a less than significant non-pecuniary interest in item 2.4 of the Planning and Development Committee (Heritage Study Review) as a property she owns is on the amended heritage list.
Nil
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.02PM
OPEN FORUM
Holly Manning
Ms Manning spoke on the Orange Farmers Markets.
Neil Jones (CCL - 4.1 – Notice of Motion – Removal of No Fishing Sign, Ploughmans Creek Wetlands)
Mr Jones spoke against the motion.
Amanda Rasmussen (PDC – 2.3 – DA 54/2020(1) – 153-157 Peisley Street)
Ms Rasmussen spoke in favour of the development.
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.23PM
Council – Item 4.2 – Removal of Event Camping in the Resolution on Gosling Creek
Cr Previtera withdrew this Notice of Motion.
3 Confirmation of Minutes of Previous Meeting
|
RESOLVED - 20/145 Cr S Munro/Cr S Nugent That the Minutes of the Ordinary Meeting of Orange City Council held on 19 May 2020 (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 19 May 2020. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.24PM
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.23PM
4 Notices of Motion/Notices of Rescission
|
TRIM Reference: 2020/850 |
|
RESOLVED - 20/154 Cr M Previtera/Cr S Romano That Council remove the recently installed No Fishing Sign at Ploughmans Creek Wetlands and once again allow fishing at the wetlands.
|
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Munro, Cr Previtera, Cr Romano, Cr Taylor, Cr Whitton
Against: Cr Mileto, Cr McRae, Cr Nugent, Cr Turner
Absent: Nil
|
TRIM Reference: 2020/851 |
** Cr Previtera left the meeting due to technical issues with the time being 8.49pm. **
|
TRIM Reference: 2020/754 |
|
RESOLVED - 20/155 Cr R Turner/Cr J McRae That Orange City Council do not pay for membership in the Murray Darling Association.
|
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
|
5.2 Update on Outstanding Resolutions of Council including Questions Taken on Notice and Notices of Motions. TRIM Reference: 2020/532 |
|
RESOLVED - 20/156 Cr S Nugent/Cr R Kidd 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.
|
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 Taylor raised an issue relating to parking. It was advised that a number of matters were due to proceed to the City of Orange Traffic Committee. |
** Cr Previtera came back into the meeting with the time being 9.05pm. **
|
TRIM Reference: 2020/655 |
|
RESOLVED - 20/157 Cr K Duffy/Cr J Hamling That the OC FutureCity Planning and Design Framework/Strategy and associated documents be placed on exhibition for 40 days.
|
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
|
TRIM Reference: 2020/776 |
|
RESOLVED - 20/158 Cr J Whitton/Cr S Munro That Council resolves to: 1 Advertise the proposed road closure in accordance with the requirements of the Crown Land Management Act. 2 That Council's Chief Executive Officer be given delegation to finalise determination for road closure for part The Escort Way, Orange post exhibition. 3 Proceed to sell that part of the road closed to the owner of 474 The Escort Way, Orange. 4 Grant approval for the use of the Council Seal on any necessary documentation.
|
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
|
TRIM Reference: 2020/810 |
|
RESOLVED - 20/159 Cr J Hamling/Cr K Duffy That Council resolves: 1 To enter into a 5 year lease with four 5 year options with the Orange District Cricket Association of Riawena Oval. 2 That permission be granted to use the Council seal on all necessary documentation.
|
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
|
TRIM Reference: 2020/812 |
|
RESOLVED - 20/160 Cr S Munro/Cr J McRae That Council resolves: 1 To enter into a 3 year lease with one 3 year option with the Orange Regional Conservatorium Inc. 2 That permission be granted to use the Council seal on all necessary documentation.
|
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
|
TRIM Reference: 2020/814 |
|
MOTION Cr S Nugent/Cr J Hamling That Council proceed with the development and installation of the entrance sign at the intersection of the Northern Distributor Road and the Mitchell Highway on the eastern approach as detailed in this report with a minor modification to the design to acknowledge the Wiradjuri people as the traditional owners of this land. |
|
AMENDMENT Cr R Kidd/Cr S Munro That a report be brought back to Council on entrance signage at the intersection of the Northern Distributor Road and Mitchell Highway on the eastern approach including detail on size, ambience and cost implications and that the design include an acknowledgement to the Wiradjuri people as the traditional owners of this land and the inclusion of flags. For: Cr Kidd, Cr Duffy, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton Against: Cr Hamling, Cr McRae Absent: Nil |
|
THE AMENDMENT ON BEING PUT TO THE MEETING WAS CARRIED AND BECAME THE MOTION THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED |
|
RESOLVED - 20/161 Cr R Kidd/Cr S Munro That a report be brought back to Council on entrance signage at the intersection of the Northern Distributor Road and Mitchell Highway on the eastern approach including detail on size, ambience and cost implications and that the design include an acknowledgement to the Wiradjuri people as the traditional owners of this land and the inclusion of flags.
|
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
** Cr Romano went out of the room with the time being 9.28pm. **
|
Cr Munro requested that staff report on how Councillors conduct themselves regarding Social Media and maybe get training on how they conduct themselves in regards to comments.
Cr Kidd advised that all Councillors can access training of their choice. |
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.
** Cr Kidd left the meeting due to technical issues with the time being 9.32pm. **
|
RESOLVED - 20/162 Cr K Duffy/Cr M Previtera 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 Tenders for the upgrade of Forest Road from Bloomfield Hospital to Cadia 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 Acquisition of Land - Footpath along Northern Distributor 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. 6.3 Health Infrastructure Agreement 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 of easements - Spring Creek/Icely Road Pipeline - Lot 51 DP1132549 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. 6.5 Acquisition of Easement - Spring Creek/Icely Road Pipeline - Lot 1 DP 739045 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. 6.6 Acquisition of Easement - Spring Creek/Icely Road Pipeline - Lot 2 DP 577491 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. 6.7 Acquisition of Easement - Stage 4 Southern Feeder Road - Lot 193 DP 756899 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. 6.8 Tender for Construction of Southern Feeder Road Stage 3 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 9.34pm.
** Cr Romano came back into the room with the time being 9.34pm. **
The Mayor declared the Ordinary Meeting of Council resumed at 9.43pm.
7 Resolutions from Closed Meeting
The Chief Executive Officer and Director Development Services read out the following resolutions made in the Closed Meeting of Council.
|
TRIM Reference: 2020/704 |
|
RESOLVED - 20/163 Cr K Duffy/Cr S Munro That Council resolves to: 1 Approve the Chief Executive Officer, or his nominee, to enter into a standard contract with Hynash Constructions Pty Ltd for the upgrade of Forest Road from Bloomfield Hospital to Cadia Road for the amount of $1,289,393.23 plus GST; 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.
|
For: Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Kidd
** Cr
Kidd came back into the room with the time being 9.36pm. **
|
TRIM Reference: 2020/763 |
|
RESOLVED - 20/164 Cr K Duffy/Cr S Munro That Council resolves: 1 To acquire approximately 1,645m2 of part Lot 52 DP835576 for the construction of a footpath along the Northern Distributor Road. 2 That upon acquisition, the land be classified as Operational. 3 To delegate to the Chief Executive Officer such authority as may be necessary or convenient to give effect to this resolution, including without limitation the affixing of the Seal of the Council on any document if required.
|
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
|
TRIM Reference: 2020/781 |
|
RESOLVED - 20/165 Cr J Whitton/Cr M Previtera That Council resolves: 1 To offer to Health Infrastructure the arrangements outlined in the conclusion of this report. 2 That authority be granted to the CEO to finalise negotiations. 3 That authority be granted for the use of the Council Seal on any documentation if required.
|
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
|
TRIM Reference: 2020/831 |
|
RESOLVED - 20/166 Cr K Duffy/Cr S Munro That Council resolves: 1 That Council acquire as easement approximately 0.1012 ha over Lot 51 DP 1132549 under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991. 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.
|
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
|
TRIM Reference: 2020/833 |
|
RESOLVED - 20/167 Cr J Hamling/Cr S Munro That Council resolves: 1 That Council acquire as easement approximately 0.0524 ha over Lot 1 DP 739045 under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991. 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.
|
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
|
TRIM Reference: 2020/835 |
|
RESOLVED - 20/168 Cr J Hamling/Cr S Munro That Council resolves: 1 That Council acquire as easement approximately 0.1154 ha over Lot 2 DP 577491 under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991. 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.
|
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
|
TRIM Reference: 2020/836 |
|
RESOLVED - 20/169 Cr S Munro/Cr M Previtera That Council resolves: 1 That Council acquire as easement approximately 441.1 m2 over Lot 193 DP 756899 under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991. 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.
|
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
|
TRIM Reference: 2020/832 |
|
RESOLVED - 20/170 Cr S Munro/Cr T Mileto 1 That Council enters into a contract with Hamcon Civil Pty Ltd (MAAS) to construct Stage 3 of the Southern Feeder Road (Tender F2993) based on their initial tendered Lump Sum of $6,854,830 less identified savings of $189,500. 2 That the common seal of Council be authorized for use on all relevant documents associated with this contract.
|
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
The Meeting Closed at 9.48PM
This is Page Number 13 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 2 June 2020.