MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange AND via Online Conferencing Platform Zoom
ON 18 August 2020
COMMENCING AT 7.01pm
Attendance
Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae (Zoom), 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 (Redmond), Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Acting Manager Corporate Governance (Constantine), Manager Financial Services (Zoom).
Nil
The Mayor advised that the meeting was being livestreamed and recorded.
Katharine Thornley, Wontama’s Aged Care Chaplain, led the Council in Prayer.
**Cr Taylor arrived at the meeting with the time being 7.04pm**
The Mayor conducted the acknowledgement of Country.
1.5 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Nil
2 Mayoral Minutes
Nil
3 Confirmation of Minutes of Previous Meeting
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RESOLVED - 20/244 Cr J Whitton/Cr S Munro That the Minutes of the Ordinary Meeting of Orange City Council held on 11 August 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 11 August 2020. |
Cr Duffy asked when Council will receive a report on the demolition of Perry Oval Amenities.
The Chief Executive Officer advised a report will be provided for the next Council Meeting on 1 September 2020.
4 Notices of Motion/Notices of Rescission
Nil
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TRIM Reference: 2020/1456 |
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RESOLVED - 20/245 Cr S Nugent/Cr G Taylor 1 That the resolutions made by the Planning and Development Committee at its meeting held on 11 August 2020 be noted. 2 That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 11 August 2020 be noted. 3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 11 August 2020 be noted. 4 That the resolutions made by the Finance Policy Committee at its meeting held on 11 August 2020 be noted. 5 That the resolutions made by the Services Policy Committee at its meeting held on 11 August 2020 be noted. |
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: Nil
Cr Duffy raised concerns with the left in/left out from the southern feeder road for the shooting club.
The Director Technical Services advised staff have been in discussion with the shooters club where access is in the cut and fill line of the southern feeder road and will provide left in/left out access.
Cr Duffy also advised an old plan of the southern feeder road is on Council’s Website.
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TRIM Reference: 2020/1355 |
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RESOLVED - 20/246 Cr J Whitton/Cr S Munro That Council resolves: 1 To note the Statement of Investments as at 31 July 2020. 2 To adopt the certification of the Responsible Accounting Officer. |
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: Nil
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5.3 Update on Outstanding Resolutions of Council including Questions Taken on Notice and Notices of Motions. TRIM Reference: 2020/1272 |
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RESOLVED - 20/247 Cr S Munro/Cr S Romano That the information provided in the report by the Acting 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: Nil
Cr Kidd commended staff on this report stating it was an excellent document.
Cr Hamling raised concerns regarding the lack of shelters on the main fields at Jack Brabham Park, and asked why they were not included with the other 10 shelters.
The Director Community, Recreation & Cultural Services advised that staff have been working with the ODFA for shelters on Bernie Stedman oval and will work through that with them, with the priority this year to update the amenities building.
Cr Hamling asked why there were seats at the field but no shelter and if it was in the budget, or if there was money in the budget to build shelters.
The Director Community, Recreation & Cultural Services advised that the design only included seating, it was not included in the budget and there was no money in the current budget to build shelters.
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TRIM Reference: 2020/1415 |
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RESOLVED - 20/248 Cr T Mileto/Cr J Whitton 1 That the following Community Committee Membership be updated and confirmed: · Spring Hill Community Committee – Cr Mileto (Chairperson), Cr Munro, Cr Nugent. · Tidy Towns Community Committee – Cr Duffy (Chairperson), Cr Munro · Environmental Sustainability Community Committee – Cr Nugent (Chairperson), Cr Kidd. · Airport Community Committee – Cr Romano (Chairperson), Cr Mileto, Cr Munro · Clifton Grove Community Committee – Cr McRae (Chairperson), Cr Turner. · Economic Development Community Committee – Cr Mileto (Chairperson), Cr Kidd, Cr Whitton · Lucknow Community Committee – Cr Mileto (Chairperson), Cr Kidd · Parks, Trees & Waterways Community Committee – Cr Kidd (Chairperson), Cr Nugent, Cr Hamling
2 That the following Community Committee Charters be amended relating to Councillor membership requirements: · Spring Hill Community Committee – Councillor requirement amended to 2 or more Councillors. · Tidy Towns Community Committee – Councillor requirement amended to 2 or more Councillors. · Environmental Sustainability Community Committee – Councillor requirement amended to 2 or more Councillors. · Airport Community Committee – Councillor requirement amended to 3 or more Councillors. · Clifton Grove Community Committee – Councillor requirement amended to 2 or more Councillors. · Economic Development Community Committee – Councillor requirement amended to 3 or more Councillors. · Lucknow Community Committee – Councillor requirement amended to 2 or more Councillors · Parks, Trees & Waterways Community Committee – Councillor requirement amended to 2 or more Councillors. |
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: Nil
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TRIM Reference: 2020/627 |
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RESOLVED - 20/249 Cr K Duffy/Cr S Munro That Council resolves to: 1 Place the following policies on public exhibition for a period of 28 days: · ST138 – Related Parties · ST106 – Priority Weeds · ST046 – Liquid Trade Waste · ST091 – Orange City Library – Community Use · ST002 – Central West Libraries 2 That the policies be referred to the Councillor Policy Review Committee for comment. |
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: Nil
Cr Taylor asked if cape weed was in response to dust storms.
Cr Kidd stated that cape weed has a prolific seed which can sit in the ground for 30+ years. After a drought when ground cover has been decimated, it is ideal conditions for Cape Weed. Once lawns are re-established you will notice less Cape Weed.
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TRIM Reference: 2020/1301 |
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RESOLVED - 20/250 Cr J Hamling/Cr S Nugent That the report on Code of Conduct Complaint Reporting 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: Nil
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5.7 Project Activities August 2020 TRIM Reference: 2020/1206 |
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RESOLVED - 20/251 Cr J Whitton/Cr S Munro That the report on Capital Projects by the Chief Executive Officer be noted. |
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: Nil
Cr Turner asked if the Anzac Park development has been put to tender, if it had closed and if there were any tenderers.
The Director Community, Recreation & Cultural Services stated that Council received four quotes and obtained an additional quote with a report due back to Council and that the costs were significantly higher than anticipated.
Cr Nugent stated this report was an excellent addition to the regular reporting and requested it be provided on a monthly basis.
The Chief Executive Officer advised that it is an ambitious building year and is open to providing the information in a table monthly or quarterly to Council.
Cr Nugent advised he would like the report monthly.
Cr Kidd requested additional columns of “Underway” and “Completed” be added to the table.
Cr Nugent asked what the next steps involved for the painting of the netball courts with bike education.
The Director Community, Recreation & Cultural Services stated that staff have engaged with the Council design team to see what can be done before going to market noting the courts cannot be painted during the colder months but aiming to be complete by December.
Cr Kidd asked where the priority was for footpaths along Gardiner Road between Peisley Street and Anson Streets and what priority is given to high traffic areas with no footpaths.
The Director Technical Services stated that the report notes new works planned for Gardiner Road on page 173.
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Cr Mileto requested information be provided on the appetite for lighting at the roundabout on Woodward Street/Wentworth Lane. |
Cr Duffy asked if Council had received quotes for the demolition of the BMX track and do Councillors get the quotes and make a decision.
The Director Community, Recreation & Cultural Services stated a report will be provided to the next Council Meeting.
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TRIM Reference: 2020/904 |
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RESOLVED - 20/252 Cr S Munro/Cr J Whitton 1 That Council acknowledge the reports presented to the Audit and Risk Management Committee at its meeting held on 29 May 2020. 2 That Council determine recommendation 4.5 from the minutes of the Audit and Risk Management Committee meeting of 29 May 2020. 4.5 (2) That the Committee be renamed the Audit, Risk and Improvement Committee (ARIC) in line with the proposed New Framework. 4.5 (3) That the Charter be confirmed subject to the following amendments a. update the Charter to replace the term General Manager with, Chief Executive Officer (CEO). b. section 5.5. of the Charter, delete the words “and executive sessions”. c. section 7.3(a) the third bullet point. Replace the words “rely on” with “refer to”; delete the words “based on external auditor’s management letter”; 3 That the remainder of the minutes of the Audit and Risk Management Committee at its meeting held on 29 May 2020 be adopted. |
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: Nil
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Cr Mileto requested a risk audit report be provided to Council on the risk for all Council owned sporting amenity facilities with fibro/asbestos risks identifying a capital works list for repair. |
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5.9 Initial Categorisation of Council Managed Crown Land TRIM Reference: 2020/1232 |
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RESOLVED - 20/253 Cr J Whitton/Cr R Turner That Council requests approval from the Minister Administering the Crown Lands Management Act 2016 to categorise under the Local Government Act 1993 the land contained in the schedule below. |
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: Nil
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Cr Turner asked where the Civic Square reserve was up to with State Government classification changes for the Museum/Conservatorium. |
Cr Nugent asked how the reports for item 5.9 – Initial Categorisation of Council Management Crown Land and item 5.12 – Classification of Council Managed Crown Land as Operational Land worked together.
The Acting Director Corporate & Commercial Services stated that item 5.9 talks about categorisation of items like Jack Brabham Park from general community use to sporting facility use and item 5.12 relates to the differences in Operational Land and Community Land.
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TRIM Reference: 2020/1308 |
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MOTION Cr S Nugent/Cr R Turner That Council resolves that funding of $10,000 be made from the Event Sponsorship Program to Orange Region Vignerons Association for the sponsorship of the 2020 Orange Wine Festival. |
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Amendment Cr R Kidd/Cr S Munro That this item be deferred to the Council Meeting of 15 September 2020 for confirmation of the event proceeding. 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: Nil |
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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 - 20/254 Cr R Kidd/Cr S Munro That this item be deferred to the Council Meeting of 15 September 2020 for confirmation of the event proceeding. |
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: Nil
Cr Munro questioned what happens to the funds should the event not take place.
The Director Corporate & Commercial Services stated that the process of some events involved planning and funds will be expended, Council will then ask for a refund of unused funds.
Cr Kidd stated there is a need for consistency.
Cr Duffy stated there should be a way we can approve it but delay it for 6 months.
Cr McRae stated that most of the events that have been cancelled are volunteer led events, there is a need to balance what we do personally and what the policy says and that we may require a COVID policy relating to events.
Cr Duffy stated we had signs stating ‘welcome visitors’, and a lot of visitors to these events come from hotspots, we don’t want to deny people coming to Orange but need to look after the community, adding we should leave it a while then re-assess.
Cr Whitton stated staff have followed policy but it is up to Council to approve or not, the event may or may not go ahead regardless of the financial assistance.
Cr Kidd stated we do not want to get into a debate about who can come to Orange.
Cr Whitton stated we do not have authority to stop people coming to our city.
Cr Hamling stated that the onus comes back to the event organisers if anything goes wrong.
Cr Turner stated that part of the application acknowledges it cannot hold significant events as in previous years, that we can’t close the city down and have to take precautions with most people being responsible.
Cr Mileto commended local hotels for their reinforcement of COVID practices with visitors.
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TRIM Reference: 2020/1317 |
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RESOLVED - 20/255 Cr S Nugent/Cr S Munro That Council extend the appointment of Mr Phillip Burgett and Mr Bill Gillooly AM as the two independent members of the Audit and Risk Management Committee until September 2021 unless otherwise resolved by Council. |
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: Nil
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5.12 Classification of Council Managed Crown Land as Operational Land TRIM Reference: 2020/1319 |
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RESOLVED - 20/256 Cr S Munro/Cr S Nugent That Council requests approval from the Minister Administering the Crown Land Management Act 2016 to classify the land Reserve numbered and named in the schedule below Operational Land to be administered under the Local Government Act 1993. |
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: Nil
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5.13 Development Application DA 356/2019(1) - 149 Byng Street TRIM Reference: 2020/1400 |
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RESOLVED - 20/257 Cr S Munro/Cr S Nugent That Council consents to development application DA 356/2019(1) for Information and Education Facility (alterations and additions to art gallery) and Signage at Lots 8 and 9 DP 820905 - 149 Byng Street, Orange pursuant to the conditions of consent in the attached Notice of Approval. |
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Division of Voting |
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Voted For |
Cr K Duffy, Cr J Hamling, Cr R Kidd (Mayor), Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr S Romano, Cr G Taylor, Cr R Turner, Cr J Whitton |
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Voted Against |
Nil |
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Absent |
Nil |
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TRIM Reference: 2020/1420 |
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RESOLVED - 20/258 Cr T Mileto/Cr R Turner That Council consents to development application DA140/2020(1) for Mixed Use Development: General Industry (aluminium extrusion and powder coating industry) and Warehouse and Distribution Centre at Lot 11 DP 575694, Lot 2 DP 544083, and Lot 501 DP 1122616 – 5-7, 9-17 and 46-60 Edward Street, Orange pursuant to the conditions of consent in the attached Notice of Determination. |
Cr Nugent asked if Council received reports back about the process of cleaning up contamination on the site.
The Director Development Services stated that it is declared a significantly contaminated site and managed by the EPA, Council receives copies of reports which are also publically available on the EPA website.
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Division of Voting |
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Voted For |
Cr K Duffy, Cr J Hamling, Cr R Kidd (Mayor), Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr S Romano, Cr G Taylor, Cr R Turner, Cr J Whitton |
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Voted Against |
Nil |
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Absent |
Nil |
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5.15 Federal Local Roads and Community Infrastructure Program and Resources for Regions Projects TRIM Reference: 2020/1434 |
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RESOLVED - 20/259 Cr S Munro/Cr S Romano That Council submits the following projects for approval: 1 Refurbishment of Hockey Centre Car Park and installation of security lighting 2 New Toilets in 3 local parks 3 New Canteen and Kitchen Facilities and Amenities and Shower Block at Naylor Pavilion 4 Youth Resilience Project to Orange School Students |
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: Nil
6 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 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 - 20/260 Cr S Munro/Cr S Romano 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 Sale 24 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. 6.2 Tender for Construction of Orange Regional Gallery Extension 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 Tenders Stage 2 - Internal Fitout of the Animal Shelter 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 8.09pm.
*Cr Kidd left the meeting with the time 8.09pm, Cr Romano (Deputy Mayor) assumed the role of Chairperson**
**Cr Kidd returned to the meeting with the time being 8.40pm and resumed the chair**
*Cr Romano left the meeting with the time being 8.46pm**
**Cr Romano returned to the meeting with the time being 8.49pm**
The Mayor declared the Ordinary Meeting of Council resumed at 8.50pm.
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: 2020/1385 |
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RESOLVED - 20/261 Cr G Taylor/Cr S Munro That Council resolves: 1 That Council sell part 24 Astill Place Orange for the sum of $595,000 plus. 2 That the proceeds be applied to the Land Development Reserve. 3 That permission be granted for the use of the Council Seal on any relevant documentation. |
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 Kidd
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TRIM Reference: 2020/1409 |
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RESOLVED - 20/262 Cr S Nugent/Cr S Munro That Council resolves: 1 That Tender F3020-8 for the Construction of the Orange Regional Gallery Extension be awarded to Renascent Regional Pty Ltd for their tendered price of $4,340,572 (ex GST). 2 That permission be granted to affix the Council Seal on any relevant document. |
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 Kidd
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TRIM Reference: 2020/1425 |
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RESOLVED - 20/263 Cr S Nugent/Cr G Taylor That Council: 1 Grant permission to the Chief Executive Officer, or his nominee, to enter into a standard contract with Inscape for the internal fitout and out-of-hours drop-off kennels (stage two) of the Animal Shelter at 36 Astill Drive, Orange for the amount of $324,960 exclusive of GST, as per the approved design. 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 the affixing of the Council Seal to all relevant documents if required. |
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 Kidd
The Meeting Closed at 8.55pm
This is Page Number 14 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 18 August 2020.