ORANGE CITY COUNCIL

 

MINUTES OF THE

Ordinary Council Meeting

HELD IN Council Chamber, Civic Centre, Byng Street, Orange with an option of online conferencing platform ZOOM due to COVID-19 requirements

ON 1 December 2020

COMMENCING AT 7.00pm


 1      Introduction

Attendance

Cr R Kidd (Mayor), Cr G Taylor (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae (Zoom), Cr T Mileto, Cr S Munro (Zoom), Cr S Nugent, Cr S Romano (Zoom), 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, Executive Support Officer.

 

1.1     APOLOGIES

Nil

1.2     LIVESTREAMING AND RECORDING

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

 

1.3     ACKNOWLEDGEMENT OF COUNTRY

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 McRae declared a significant pecuniary interest in items 2.2, 2.4 and 2.5 of the Planning and Development Committee Meeting as a property owner in this area.

Cr Whitton declared a significant pecuniary interest in items 2.2 and 2.5 of the Planning and Development Committee Meeting as a property owner in this area

Cr Nugent declared a non-significant, non-pecuniary interest in item 2.1 of the Finance Policy Committee as he is a committee member of Goldseekers Orienteering.

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.04PM.


 

OPEN FORUM

Planning and Development Committee Meeting - Item 2.5 – Heritage Study Review – Post Exhibition and Adoption

Brendan Stuart outlined his concerns on the Heritage Study Review

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUME 7.09PM.

GOOD NEWS FOLDER

Letter from Trojan Trays Australia thanking Mayor Kidd for attending and speaking at their event.

2       Mayoral Minutes

Nil 

 

3       Confirmation of Minutes of Previous Meeting

RESOLVED - 20/425                                                                           Cr J Hamling/Cr S Munro

That the Minutes of the Ordinary Meeting of Orange City Council held on 17 November 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 17 November 2020.

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.11PM

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.27PM

  4     Notices of Motion/Notices of Rescission

4.1     Orange Rail Action Group Support

TRIM Reference:        2020/2359

RESOLVED - 20/441                                                                            Cr S Munro/Cr S Nugent

That Council endorse the Orange Rail Action Group Plan and concepts for improved passenger rail services, presented to Council staff on Monday 7 September 2020.

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


 

5       General Reports

5.1     Low interest loan - Orange Waratahs Sports Club Ltd

TRIM Reference:        2020/2227

RESOLVED - 20/442                                                                                 Cr T Mileto/Cr R Kidd

That this item be deferred until the Council Meeting of 15 December 2020.

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

 

5.2     Orange Regional Conservatorium Consultation Workshop - November 2020

TRIM Reference:        2020/2313

RESOLVED - 20/443                                                                              Cr K Duffy/Cr S Nugent

That the report on the Orange Regional Conservatorium Consultation Workshop 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

 

5.3     Roads and Transport Congress - 16 and 17 November 2020

TRIM Reference:        2020/2328

RESOLVED - 20/444                                                                                  Cr R Kidd/Cr K Duffy

That attendance by Cr Kidd and Cr Duffy at the Roads, Regions and Resilience Transport Congress held in Wagga on 16/17 November 2020 along with the summary 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


 

 

5.4     Adoption of the Blackmans Swamp Creek and Ploughmans Creek Floodplain Risk Management Study and Plan - October 2020

TRIM Reference:        2020/2339

RESOLVED - 20/445                                                                                Cr R Kidd/Cr R Turner

That Council adopt the Blackmans Swamp Creek and Ploughmans Creek Floodplain Risk Management Study and Plan, October 2020 but defer the planning and development controls shown in Section 5.9 of the report until such time that the Department of Planning Industry and Environment allows flood controls on land above the 1% flood.

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

 

5.5     NetWaste Quotation F3536 for Regional Household Chemical Collection 2021

TRIM Reference:        2020/2347

RESOLVED - 20/446                                                                            Cr S Nugent/Cr S Munro

That Council confirms its acceptance of the quotation submitted by Environmental Treatment Solutions (ETS) dated 25 September 2020, and to take part in the 2021 Regional Household Chemical Clean Out contract.

The contract will only be effective upon execution of the contract document by both Council and ETS. Council is not legally bound until the contract is executed by both parties.

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

 

5.6     2020 - 2021 Fees and Charges Amendments and Additions

TRIM Reference:        2020/2402

RESOLVED - 20/447                                                                          Cr S Nugent/Cr J Hamling

Council resolves to place the following fees on exhibition for the information of the community for a period of 28 days.

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.

RESOLVED - 20/448                                                                          Cr J Whitton/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     Sale of land - Lady Peel Close/Escort Way, 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     Submission Redactions

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 (a) personnel matters concerning particular individuals (other than councillors)..

 

    

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 8.42pm.

The Mayor declared the Ordinary Meeting of Council resumed at 8.54pm.


 

7       Resolutions from Closed Meeting

The Chief Executive Officer read out the following resolutions made in the Closed Meeting of Council.

6.1     Sale of land - Lady Peel Close/Escort Way, Orange

TRIM Reference:        2020/2354

Recommendation                                                                          Cr S Munro/Cr S Nugent

1               That Council sell Lot 202 DP1257565 (2 Lady Peel Close) for the sum of $302,500.00 (GST incl).

2              That Council sell Lot 207 DP1257565 (372 The Escort Way) for the sum of $330,000.00 (GST incl).

3               Authorise the Chief Executive Officer to negotiate the sale of Lots 201, 203, 206 and 208 DP1257765, negotiating within 10% of the listing price.

4               Authorise the Chief Executive Officer to complete the contractual processes to complete the land sale for Lots 201, 202, 203, 206, 207 and 208 DP1257565.

5               That the proceeds of sale for Lots 201, 202, 203, 206, 207 and 208 DP1257565 be transferred to the Land Development Reserve.

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

AMENDMENT                                                                                        Cr K Duffy/Cr G Taylor

That this item be deferred.

THE AMENDMENT WAS WITHDRAWN                                                                                     

RESOLVED - 20/449                                                                            Cr S Munro/Cr S Nugent

1               That Council sell Lot 202 DP1257565 (2 Lady Peel Close) for the sum of $302,500.00 (GST incl).

2              That Council sell Lot 207 DP1257565 (372 The Escort Way) for the sum of $330,000.00 (GST incl).

3               Authorise the Chief Executive Officer to negotiate the sale of Lots 201, 203, 206 and 208 DP1257765, negotiating within 10% of the listing price.

4               Authorise the Chief Executive Officer to complete the contractual processes to complete the land sale for Lots 201, 202, 203, 206, 207 and 208 DP1257565.

5               That the proceeds of sale for Lots 201, 202, 203, 206, 207 and 208 DP1257565 be transferred to the Land Development Reserve.

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

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


 

 

6.2     Submission Redactions

TRIM Reference:        2020/2415

RESOLVED - 20/450                                                                              Cr S Nugent/Cr K Duffy

That the information in this report 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 Munro advised that Fusion and the Uniting Church will be providing a Christmas lunch and encouraged others to volunteer.

 

The Meeting Closed at 9.02PM.

This is Page Number 7 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 1 December 2020.