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 2 February 2021
COMMENCING AT 7.01pm
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, 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), Chief Financial Officer, Executive Support Manager, Manager Development Assessment, Manager Building & Environment
Nil
The Mayor advised that the meeting was being livestreamed and recorded.
The Mayor conducted an acknowledgement of Country
1.4 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Cr McRae declared significant pecuniary interests in items 2.4 – Orange Environmental Plan 2011 – Planning proposal for a Heritage Amendment, 2.5 – Development Control Plan – Orange Eastside Precinct Plan – post Exhibition Report and 2.7 - Development Control Plan – West End Precinct and item 6.7 – Property Update Report as she owns property in the area.
Cr Whitton declared a significant pecuniary interest in items 2.4 – Orange Environmental Plan 2011 – Planning proposal for a Heritage Amendment as he owns property in the area.
OPEN FORUM
PDC Item 2.5 – Development Control plan – Orange Eastside Precinct Plan – Post Exhibition Report
Andrew Duggan, Director – Ethos Urban on behalf of the owners of 161 Kite Street. Mr Duggan outlined their concern with the report.
PDC Item 2.4 – Orange Local Environmental Plan 2011 – Planning Proposal for a Heritage Amendment
Brendan Stuart outlined his concerns with the new Blackmans Swamp Heritage Conservation area portion of the report.
PDC Item 2.2 - DA 111/2020(1) - 12 Green Lane
Rex Wood outlined his concerns for the development. An Extension of time was supported by Cr Munro and Cr Mileto.
Michael Truloff outlined the reasons the development should be approved.
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.31PM
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RESOLVED - 21/001 Cr J Hamling/Cr S Munro That the following late item be dealt with at the Planning and Development Committee meeting of Orange City Council held on 2 February 2021: Planning and Development Committee meeting - Item 2.9 – DA 111/2020(1) – 12 Green Lane – additional report to clarify points and fix errors. |
Good News Folder
The Chief Executive Officer read the Good News:
1 The Cancer Council thanked Council for the donation towards Dancing with the Stars 2021
2 Orange High School thanked Council for the donation towards their presentation evening.
2 Mayoral Minutes
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TRIM Reference: 2021/17 |
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RESOLVED - 21/002 Cr R Kidd/Cr S Nugent That Council note the report from the recent CNSWJO Board meeting and provide feedback to the Central NSW Visitor Economy Strategy 2021-2026. |
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
3 Confirmation of Minutes of Previous Meeting
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RESOLVED - 21/003 Cr J Whitton/Cr K Duffy That the Minutes of the Ordinary Meeting of Orange City Council held on 15 December 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 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
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.35PM
** Cr Romano left the meeting during the Infrastructure Policy Committee meeting, with the time being 8.22pm, and took no further part in the meeting**
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 9.09PM
4 Notices of Motion/Notices of Rescission
For: Cr Kidd, Cr McRae, Cr Nugent
Against: Cr Duffy, Cr Hamling, Cr Mileto, Cr Munro, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Absent: Cr Romano
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TRIM Reference: 2021/47 |
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RESOLVED - 21/028 Cr S Nugent/Cr R Kidd 1 That Council investigate options for additional promotion of the Botanic Gardens and Adventure Playground precinct as a premier rest stop for travellers on the Northern Distributor. 2 That Council prepare a report on options for the triangular block of land to the west of the new Hill Street extension including the possibility of further tree plantings with the aim of enhancing and complementing the Botanic Gardens and Adventure Playground precinct. |
For: Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton
Against: Cr Duffy, Cr Munro
Absent: Cr Romano
Cr Turner asked what options have been looked at for the end of Hill Street that is now disused due to the new roundabout at the Northern Distributer Road.
The Director Technical Services stated that the road will be retained in its current form. Signage has been erected showing a cul-de-sac ahead. The road will be considered for other uses in the future.
5 General Reports
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TRIM Reference: 2020/2592 |
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RESOLVED - 21/029 Cr J Whitton/Cr S Nugent That Council resolves to: 1 Place the following strategic policy and associated plan on public exhibition for a period of 28 days: · ST148 – Climate Change · Draft Climate Change Management Plan 2 That the policy ST148 – Climate Change be referred to the Councillor Policy Review Committee for comment |
For: Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton
Against: Cr Duffy
Absent: Cr Romano
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5.2 BCO Alliance Agreement TRIM Reference: 2020/2593 |
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RESOLVED - 21/030 Cr J Hamling/Cr R Kidd That Council resolves: 1 That Council approve the draft BCO Alliance Agreement between Blayney Shire, Cabonne and Orange City Councils; including delegations contained in the Agreement. 2 That Blayney Shire Council, on behalf of the BCO Alliance and with support from Cabonne and Orange City councils, seek Ministerial consent to establish a company limited by Guarantee called BCO Alliance Limited to act as agent for the Alliance. 3 That subject to Ministerial consent, Council authorise the Mayor and General Manager to execute the BCO Alliance Agreement, substantially in the form of the draft. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Romano
Cr Whitton asked if there will be Board Members with the company limited by guarantee.
The Mayor advised there are 3 Mayors and 3 General
Managers.
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TRIM Reference: 2021/36 |
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RESOLVED - 21/031 Cr T Mileto/Cr R Kidd That Council approve the application for Support Small Business with Afterpay hosted by Our Friends Electric, at Robertson Park on 13 & 14 February 2021 due to no active COVID cases in the Orange community. |
For: Cr Kidd, Cr Hamling, Cr McRae, Cr Taylor, Cr Whitton
Against: Cr Duffy, Cr Mileto, Cr Munro, Cr Nugent, Cr Turner
Absent: Cr Romano
The Mayor used his casting vote in favour of the recommendation.
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 - 21/032 Cr S Munro/Cr J Hamling 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 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 Minutes of the Audit Risk and Improvement Committee meetings of 23 October 2020 and 24 November 2020 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 (f) matters affecting the security of the Council, Councillors, Council staff or Council property. 6.3 Use of Lake Canobolas - Paddle Board Hire 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 CBJ Drilling Services Pty Ltd - Debtors Account No 4998.66 - Write off bad debt >$5,000.00 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 (b) the personal hardship of any resident or ratepayer. 6.5 A Murray & Sons - Debtors Account No 5743.52 - Disputed Invoice - Engineering Works for the Reinstatement of Council's Assets - Forest Road, 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 (b) the personal hardship of any resident or ratepayer. 6.6 Sale Industrial Land - Lot 802 DP 1240445 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. |
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6.7 Property update report 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 10.00PM.
The Mayor declared the Ordinary Meeting of Council resumed at 10.10PM.
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: 2021/55 |
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RESOLVED - 21/033 Cr S Nugent/Cr S Munro That the information in this report be acknowledged. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Romano
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6.2 Minutes of the Audit Risk and Improvement Committee meetings of 23 October 2020 and 24 November 2020 TRIM Reference: 2020/2437 |
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RESOLVED - 21/034 Cr J Whitton/Cr S Munro 1 That Council acknowledge the reports presented to the Audit, Risk and Improvement Committee at its meetings held on 23 October 2020 and on 24 November 2020. 2 That the minutes of the Audit, Risk And Improvement Committee meetings held on 23 October 2020 and on 24 November 2020 be adopted. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Romano
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6.3 Use of Lake Canobolas - Paddle Board Hire TRIM Reference: 2021/33 |
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RESOLVED - 21/035 Cr J Hamling/Cr K Duffy 1 That Council enter into a Licence Agreement for the use of Lake Canobolas for a stand up paddleboard hire facility for up to 3 years. 2 That permission be granted 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 Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Romano
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TRIM Reference: 2020/2541 |
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RESOLVED - 21/036 Cr K Duffy/Cr J Hamling That Council resolves the bad debt write off for Debtors Account No 4998.66 in the sum of $6,220.91 which cannot be recovered. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Romano
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6.5 A Murray & Sons - Debtors Account No 5743.52 - Disputed Invoice - Engineering Works for the Reinstatement of Council's Assets - Forest Road, Orange TRIM Reference: 2020/2546 |
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RESOLVED - 21/037 Cr R Turner/Cr J Whitton That Council resolves the adjustment of Debtors Account No 5743.52 for disputed engineering private works not quoted. The total adjustment is $8,961.52. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Romano
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TRIM Reference: 2021/31 |
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RESOLVED - 21/038 Cr G Taylor/Cr S Nugent That Council resolves: 1 That Council sell 31 Astill Drive Orange for the sum of $215,985 plus GST. 2 That permission be granted for the use of the Council Seal on any relevant documentation. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Romano
** Cr McRae left the Meeting with the time being 10.08PM**
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TRIM Reference: 2021/40 |
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Cr McRae declared an interest in this item, left the Meeting and did not take part in discussion or voting on the item. |
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RESOLVED - 21/039 Cr J Whitton/Cr J Hamling That the property update report by the Acting Director of Corporate and Commercial Services be acknowledged. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Mileto, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr McRae, Cr Romano
** Cr McRae returned to the Chamber with the time being 10.08PM**
The Meeting Closed at 10.12PM
This is Page Number 10 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 2 February 2021.