MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 5 April 2022
COMMENCING AT 6.31pm
Attendance
Cr J Hamling (Mayor), Cr K Duffy (via Zoom), Cr J Evans (via Zoom), Cr G Floyd, Cr F Kinghorne, Cr D Mallard, Cr M McDonell, Cr T Mileto, Cr S Peterson (via Zoom), Cr G Power (Deputy Mayor), Cr J Whitton
Chief Executive Officer, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Engineering Services, A/Manager Corporate Governance, A/Executive Support Manager
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RESOLVED - 22/088 Cr J Whitton/Cr M McDonell That the apologies be accepted from Cr T Greenhalgh for the Council Meeting of Orange City Council on 5 April 2022 and accept that Cr Evans, Cr Duffy and Cr Peterson attend this meeting via Zoom. |
For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr T Greenhalgh, Cr F Kinghorne,
Cr D Mallard, Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Cr T Greenhalgh
1.2 LIVESTREAMING AND RECORDING
The Mayor advised that the meeting was being livestreamed and recorded.
PASTOR PAT FARRELLY OF THE EVER UPWARD APOSTOLIC CENTRE LED THE COUNCIL IN PRAYER
The Mayor conducted an Acknowledgement of Country.
1.5 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Cr Mileto declared a non-pecuniary, non-significant interest in FPC Item 2.1 Future City Assistance Fund as he knows the applicant personally and will leave the Chamber and not vote on this item.
Cr Kinghorne also declared a non-pecuniary, non-significant interest in PDC Item 2.2 Information Report – Employment Zones Reforms as she has a business in the CBD and will leave the Chamber and not vote on this item.
Cr Kinghorne also declared a pecuniary, significant interest in PDC Item 2.5 Development Application DA 372/2021(1) – 75 Rossi Drive, Clifton Grove as her husband does geotechnical work on 75 Rossi Drive
Cr Hamling declared a non-pecuniary, non-significant interest in Item 5.5 Tourism Services Contract – Orange 360 – Extension to 31 December 2022 as he is a Board member of Orange360 and will leave the Chamber and not vote on this item.
Cr Power declared a non-pecuniary, non-significant interest in Item 5.5 Tourism Services Contract – Orange 360 – Extension to 31 December 2022 – as he is a Board member of Orange360 and will leave the Chamber and not vote on this item.
Cr Evans declared a non-pecuniary, significant interest in Item 5.5 Tourism Services Contract – Orange 360 – Extension to 31 December 2022 – as his business is a member of Orange360 and will leave the Chamber and not vote on this item.
Cr Kinghorne declared a pecuniary, significant interest in Closed Item 6.2 Health Infrastructure Agreement as her husband’s business does regular work for Health Infrastructure and she will leave the Chamber and not vote on this item.
Cr Peterson declared a non-pecuniary, non-significant interest in Closed Item 6.2 Health Infrastructure Agreement as he is an employee of NSW Health and will leave the Chamber and not vote on this item.
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 6.37PM.
Mr Simon Price spoke to Item 2.4 Environmental Assessment Lake Canobolas Water and Sewer Reticulation Project.
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 6.42PM.
Nil
3 Confirmation of Minutes of Previous Meeting
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RESOLVED - 22/089 Cr J Whitton/Cr D Mallard That the Minutes of the Ordinary Meeting of Orange City Council held on 15 March 2022 (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 15 March 2022. |
For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr F Kinghorne, Cr D Mallard,
Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Cr T Greenhalgh
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RESOLVED - 22/090 Cr G Floyd/Cr F Kinghorne That the Minutes of the Extraordinary Meeting of Orange City Council held on 25 March 2022 (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 25 March 2022. |
For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr F Kinghorne, Cr D Mallard,
Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Cr T Greenhalgh
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 6.43PM.
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.21PM.
4 Notices of Motion/Notices of Rescission
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TRIM Reference: 2022/463 |
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RESOLVED - 22/091 Cr J Whitton/Cr T Mileto That Council formulate a Working Party and a strategic plan to promote and position Orange and the Central West as a strategic sovereign partner with the Australian Defence Forces. |
For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr F Kinghorne, Cr D Mallard,
Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Cr T Greenhalgh
5 General Reports
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TRIM Reference: 2022/468 |
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RESOLVED - 22/092 Cr J Whitton/Cr M McDonell 1. That the resolutions made by the Planning and Development Committee at its meeting held on 3 March 2022 be noted. 2. That the resolutions made by the Infrastructure Policy Committee at its meeting held on 3 March 2022 be noted. 3. That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 3 March 2022 be noted. 4. That the resolutions made by the Finance Policy Committee at its meeting held on 3 March 2022 be noted.
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For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr F Kinghorne, Cr D Mallard,
Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Cr T Greenhalgh
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TRIM Reference: 2022/435 |
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RESOLVED - 22/093 Cr J Whitton/Cr M McDonell That Council resolves that Councillors Duffy, McDonell, Greenhalgh, Mallard and Whitton attend at the National General Assembly 19 – 22 June, 2022. That Council ensure there is a motion in relation to Local Government being recognised in the Australian Constitution submitted to the National General Assembly 2022.
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For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr F Kinghorne, Cr D Mallard,
Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Cr T Greenhalgh
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TRIM Reference: 2022/347 |
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RESOLVED - 22/094 Cr M McDonell/Cr J Whitton That Council resolves that Councillors McDonell and Greenhalgh attend the NSW Australian Local Government Women’s Association Conference to be held 7 – 9 July, 2022.
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For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr F Kinghorne, Cr D Mallard,
Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Cr T Greenhalgh
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TRIM Reference: 2022/433 |
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RESOLVED - 22/095 Cr D Mallard/Cr G Power That Council resolves that Councillors Power, Mileto and Evans attend the Destination & Visitor Economy Conference 2022 to be held 17 – 19 May, 2022.
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For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr F Kinghorne, Cr D Mallard,
Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Cr T Greenhalgh
Cr Hamling and Cr Power left the Chamber at 7.36pm
Cr Evans was placed in the waiting room on Zoom at 7.36pm
Cr Mileto chaired the meeting for Item 5.5
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TRIM Reference: 2022/277 |
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Cr Power declared a non-pecuniary, non-significant interest in this Item as he is a Board member of Orange360 and left the Chamber and did not vote on this item. Cr Hamling declared a non-pecuniary, non-significant interest in this Item as he is a Board member of Orange360 and left the Chamber and did not vote on this item. Cr Evans declared a non-pecuniary, significant interest in this as his business is a member of Orange360 and left the Chamber and did not vote on this item. |
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RESOLVED - 22/096 Cr J Whitton/Cr D Mallard That Council resolves to extend the Tourism Services Contract provided by TDO Ltd trading as Orange360 for six months until 31 December 2022.
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For: Cr K Duffy, Cr G Floyd, Cr F Kinghorne, Cr D Mallard, Cr M McDonell, Cr T Mileto,
Cr S Peterson, Cr J Whitton
Against: Nil
Absent: Cr J Hamling, Cr J Evans, Cr T Greenhalgh, Cr Power
Cr Hamling and Cr Power returned to the Chamber at 7.39pm
Cr Evans was admitted back into the meeting on Zoom at 7.39pm
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TRIM Reference: 2022/375 |
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MOTION Cr M McDonell/Cr J Whitton That Council: 1. Secure a site for the operation of an indoor recreation facility for the period of 1 May 2022 to 30 August 2022; 2. Council secure the rental of indoor play equipment for the operation of the indoor recreation facility; and 3. Council conduct an expression of interest process for the operation of the indoor recreation facility. |
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AMENDMENT Cr J Evans/Cr T Mileto 1. Secure a site for the operation of an indoor recreation facility for the period of 1 May 2022 to 30 August 2022; 2. Council conduct an expression of interest process for the operation of the indoor recreation facility. |
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For: Cr J Evans, Cr T Mileto, Cr S Peterson, Against: Cr J Hamling, Cr K Duffy, Cr G Floyd, Cr F Kinghorne, Cr D Mallard, Cr M McDonell, Cr G Power , Cr J Whitton Absent: Cr T Greenhalgh |
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The amendment on being put to the meeting was lost. |
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The motion on being put to the meeting was carried. |
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RESOLVED - 22/097 Cr M McDonell/Cr J Whitton That Council 1. Secure a site for the operation of an indoor recreation facility for the period of 1 May 2022 to 30 August 2022; 2. Council secure the rental of indoor play equipment for the operation of the indoor recreation facility; and 3. Council conduct an expression of interest process for the operation of the indoor recreation facility. |
For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr F Kinghorne, Cr D Mallard,
Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Cr T Greenhalgh
Cr Mileto asked if this was a responsible spend of ratepayers money over a 4 month period
Director Community Recreation and Cultural Services responded by saying that it is difficult
because we know through the Community Strategic Plan process there is desire for this facility,
we are also aware there are commercial interests in Orange to establish a permanent fixture.
There is a DA process in place that will allow this to occur. If we want something up for this
winter it is unlikely a commercial interest would do it in this short space of time. It is up to
Council then to provide this service for this trial period.
Cr Mileto asked if Council were to pursue this idea, would it be a joint tenancy, who would
wear the liability of the lease
Director Community Recreation and Cultural Services responded by saying the operator would
have to have their own insurances, this would be a requirement for the delivery of the
program.
Cr Floyd asked if there was anyway Council could offset some of the fees by advertising space
in an area like this to get remuneration back
Director Community Recreation and Cultural Services responded by saying that this would
have to be discussed with the owner of the premises whether they would be prepared to do
that. There is any number of things to value add, coffee etc. That’s the value of testing through
an EOI.
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TRIM Reference: 2022/428 |
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RESOLVED - 22/098 Cr J Whitton/Cr D Mallard That Council reduce the fees by 50% from $18 to $9 per night for four nights for the St Johns Ambulance Cadet Camp 2022 to be held from the 10 to 14 April.
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For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr F Kinghorne, Cr D Mallard,
Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Cr T Greenhalgh
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 - 22/099 Cr J Whitton/Cr D Mallard 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 Submission Redactions March 2022 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 (e) information that would, if disclosed, prejudice the maintenance of law. 6.2 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 and (g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. Information contained in this paper is subject to legal professional privilege and is strictly confidential. Any disclosure of this paper, including a verbal disclosure of its content or conclusions, beyond Council officers directly involved in this matter may result in the loss of legal professional privilege and cause damage to the Council’s legal and financial position. Councillors have a good faith duty to strictly maintain confidentiality of privileged communications, and any failure to do so may result in a penalty under section 664 of the Local Government Act 1993 and action under the Code of Conduct. |
The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 8.11pm.
The Mayor declared the Ordinary Meeting of Council resumed at 8.18pm.
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: 2022/276 |
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RESOLVED - 22/110 Cr T Mileto/Cr J Whitton That the information in this report be acknowledged. |
For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr D Mallard, Cr M McDonell, Cr T Mileto,
Cr S Peterson, Cr G Power , Cr J Whitton, Cr F Kinghorne
Against: Nil
Absent: Cr T Greenhalgh
Cr Kinghorne left the Chamber at 8.14pm
Cr Peterson was placed in the waiting room on Zoom at 8.14pm.
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TRIM Reference: 2022/413 |
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Cr Kinghorne declared a pecuniary, significant interest this Item 6 as her husband’s business does regular work for Health Infrastructure and she left the Chamber and did not vote on this item. Cr Peterson declared a non-pecuniary, non-significant interest in this Item as he is an employee of NSW Health and left the Chamber and did not vote on this item. Cr McDonell declared a non-pecuniary, non-significant interest in this Item as she is an employee of NSW Health and remained in the Chamber and voted on this item. |
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RESOLVED - 22/111 Cr T Mileto/Cr J Hamling That Council resolves: 1 That the report by the Manager of Corporate and Community Relations be acknowledged. 2 To offer to Health Infrastructure the arrangements as outlined in Option 2 in the conclusion of this report. 3 That authority be granted for the use of the Council Seal on any documentation if required. |
For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, , Cr D Mallard, Cr M McDonell, Cr T Mileto,
Cr G Power , Cr J Whitton
Against: Nil
Absent: Cr T Greenhalgh, Cr F Kinghorne, Cr S Peterson
Cr Kinghorne returned to the Chamber at 8.17pm
Cr Peterson was admitted back into the meeting via Zoom at 8.17pm
The Meeting Closed at 8.20pm.
This is Page Number 10 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 5 April 2022.