MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 20 April 2021
COMMENCING AT 7.00pm
Attendance
Cr R Kidd (Mayor), Cr G Taylor (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr S Romano , 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), Executive Support Manager.
Nil
The Mayor advised that the meeting was being livestreamed and recorded.
Paster 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 McRae declared a Significant Pecuniary interested in item 5.15 – Draft Development Control Plan - Eastside Precinct as an owner of property in the precinct.
Cr Nugent declared a Non-Significant, Non-Pecuniary interest in item 5.12 – Orange Celebrates 75 and 175 years in 2012 as he holds a Senior Manager position with OCTEC who may hold functions during this event.
Nil
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.03PM.
OPEN FORUM
5.6 Request for Financial Assistance – Event Sponsorship Funding Round 4 – April to June 2021
Matt Lamrock of Orange Show Society outlined reasons to support the request for financial assistance for the Orange Show.
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.06PM.
3 Confirmation of Minutes of Previous Meeting
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RESOLVED - 21/100 Cr J Hamling/Cr S Munro That the Minutes of the Ordinary Meeting of Orange City Council held on 6 April 2021 (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 6 April 2021. |
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
4 Notices of Motion/Notices of Rescission
Nil
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TRIM Reference: 2020/2573 |
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RESOLVED - 21/101 Cr S Nugent/Cr S Munro 1 That the resolutions made by the Planning and Development Committee at its meeting held on 6 April 2021 be noted. 2 That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 6 April 2021 be noted. 3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 6 April 2021 be noted. 2 That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 6 April 2021 be noted. 4 That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 6 April 2021 be noted. 6 That the resolutions made by the Services Policy Committee at its meeting held on 6 April 2021 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
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5.2 Update on Outstanding Resolutions of Council including Questions Taken on Notice and Notices of Motions. TRIM Reference: 2021/243 |
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RESOLVED - 21/102 Cr S Nugent/Cr T Mileto That the information provided in the report by the Acting Director Corporate and Commercial Services on Outstanding and Completed Notices of Motion, Questions on 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 Romano asked on the progress of the Stop and Rest including a time frame for completion.
The Director Technical Services stated that Council has been successful in obtaining $250,000 through the Resources for Regions funding, in addition there is a current budget bid for the remaining funds in the 2021/2022 budget. Should the budget be approved with this included, it is anticipated the Stop and Rest will be constructed during the 2021/2022 financial year.
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TRIM Reference: 2021/335 |
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RESOLVED - 21/103 Cr S Munro/Cr K Duffy That the information in the report on Projects 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 Taylor asked the reasons behind the placement of traffic islands at Hill/Casey Sts and asked if funding had been granted for these islands.
The Director Technical Services stated that the islands have been placed to enhance pedestrian safety at the site; giving pedestrians an option to cross one lane of traffic at a time. Council received funding for this project.
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MATTER ARISING Cr R Kidd Cr Kidd requested that a public awareness campaign be run on pedestrian safety using the islands and traffic awareness of the new islands. |
Cr Mileto asked about footpaths and if there was an opportunity to put in a pedestrian crossing around Winter Street/March Street at Dudley Hospital.
The Director Technical Services stated that he would discuss the issue with Cr Mileto to obtain further information.
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TRIM Reference: 2021/358 |
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RESOLVED - 21/104 Cr S Nugent/Cr S Romano 1 That Council resolves to adopt: - ST029 – Donations and Grants - ST049 – Communications and Community Engagement - ST032 – Gallery – Collection - ST039 – Gifts and Benefits - ST010 – Code of Conduct – Staff - ST110 – Code of Conduct – Councillors, Committee Members, Delegates of Council and Council Advisors 2 That the Chief Executive Officer be given a delegation to approve donations under Educational Support and Recognition Program under section 377(1A) of the Local Government Act. |
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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RESOLVED - 21/105 Cr S Nugent/Cr S Munro That parts 1 and 2 of item 5.5 – Remote Meeting Attendance – OLG Discussion Paper Submission and Update to Code of Meeting Practice be heard in seriatim. |
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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5.5 Remote Meeting Attendance - OLG Discussion Paper Submission and Update to Code of Meeting Practice TRIM Reference: 2021/671 |
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RESOLVED - 21/106 Cr J Hamling/Cr J Whitton That Council resolves: 1 That Council make a submission to the Office of Local Government on the Discussion Paper - Remote Meeting Attendance and that submission is in support of remote meeting attendance. |
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RESOLVED - 21/107 Cr S Nugent/Cr J Hamling 2 That Council approve remote Councillor attendance and approves the update to Strategic Policy – ST050 – Code of Meeting Practice, with the attachment outlining remote meeting attendance guidelines, until 31 December 2021 with an addition to page 1 of the attachment. |
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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5.6 Request for Financial Assistance - Event Sponsorship Funding Round 4 - Events April to June 2021 TRIM Reference: 2021/611 |
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RESOLVED - 21/108 Cr G Taylor/Cr R Turner That Council resolves: 1 That funding of $10,000 be made from the Event Sponsorship Program to Orange Show Society for the Orange Show 2021 Event. 2 That funding of $3,000 be made from the Event Sponsorship Program to Orange Running Festival Inc. for the 2021 Limited Edition Orange Running Festival Event. |
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: 2021/716 |
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RESOLVED - 21/109 Cr K Duffy/Cr S Munro That Council resolves: 1 To note the Statement of Investments as at 31 March 2021. 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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TRIM Reference: 2021/684 |
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RESOLVED - 21/110 Cr S Munro/Cr S Nugent That Council resolves: 1 To place on exhibition for 28 days its intention to provide financial assistance of $4,622.40 (ex-GST) from the Future City Assistance Fund to Glenmace Pty Ltd (Refurbishment of Façade - 240-242 Summer Street, Orange). 2 To place on exhibition for 28 days its intention to provide financial assistance of $3,387.76 (ex GST) from the Future City Assistance Fund to Ian MacLean and Elizabeth MacLean(Refurbishment of Façade - 169 Summer Street, Orange). 3 To place on exhibition for 28 days its intention to provide financial assistance of $5,000.00 (ex GST) from the Future City Assistance Fund to Anson Street Plaza Owners Corporation (Refurbishment of Façade - 212 Anson Street, Orange). 4 To place on exhibition for 28 days its intention to provide financial assistance of $3,945.00 (ex GST) from the Future City Assistance Fund to Graham Brindle and Judith Brindle (Refurbishment of Façade - 197 Summer Street, Orange). 5 That Council extend the Future City Assistance Fund application period to 31 December 2021. |
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 Mileto asked whether insurance policies for some of the building concerned covered the cost of works included in the applications.
The Acting Director Corporate and Commercial Services stated that there may be some insurance implications which will be watched regarding the 169 Summer Street application. In relation to the damage of 240 Summer Street, he noted it was predominantly internal damage and that any mention to external damage has not been brought to his attention.
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5.9 Request To Host 2022 (and potentially 2023) World Jousting Championships and Medieval Faire in Orange360 Region TRIM Reference: 2021/612 |
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RESOLVED - 21/111 Cr K Duffy/Cr S Munro That Council exhibit for 28 days the intention to provide funding of $20,000 annually be made from the Event Sponsorship Program to Tournament X Pty Ltd for the 2022 and 2023 World Jousting Championships and Medieval Faire. This consists of $10,000 cash and $10,000 value of in-kind Council services. |
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: 2021/640 |
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RESOLVED - 21/112 Cr S Nugent/Cr J Hamling That Council exhibit for 28 days the intention to provide $10,000 funding and hire fees to Chugg Entertainment Pty Ltd for 2022 Squeeze Music Festival in Orange. |
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: 2021/701 |
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RESOLVED - 21/113 Cr S Munro/Cr J Whitton That Council resolves to close for the Dawn Service - 5.30am and 7.30am and Main Service – 10.00am to 12.30pm for the Anzac Day ceremonies on Sunday 25 April 2021 the following roads: - Summer Street between Peisley Street and Anson Street - Byng Street between Peisley Street and Anson Street - Lords Place between Byng Street and Summer Street - McNamara Street between Byng Street and Summer Street. |
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: 2021/702 |
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Cr Nugent declared a Non-Significant, Non-Pecuniary interest in this item as he holds a position of Senior Manager with OCTEC who is holding functions during this event. |
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RESOLVED - 21/114 Cr K Duffy/Cr S Munro That the report on Orange celebrates 75 years and 175 years in 2021 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
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TRIM Reference: 2021/354 |
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RESOLVED - 21/115 Cr J Whitton/Cr R Kidd That Council resolves to place the Draft Pesticide Use Notification Plan on public exhibition 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
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RESOLVED - 21/116 Cr R Kidd/Cr S Munro That Staff involved in the preparation of the Draft Pesticide Use Notification Plan be congratulated on the work involved in this document. |
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: 2021/567 |
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RESOLVED - 21/117 Cr J Hamling/Cr J Whitton That Council put the draft Lake Canobolas Precinct Master Plan on public exhibition for a 28 day period. |
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: 2021/606 |
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Cr McRae declared a Significant Pecuniary interested in this item as an owner of property in the precinct, left the meeting and did not participate in discussion or voting on this item. |
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RESOLVED - 21/118 Cr J Whitton/Cr J Hamling That Council resolves: 1 That Council acknowledge the attached site specific development controls and resolve to place the controls on public exhibition for a period of 28 days. 2 That post exhibition the matter return to Council for consideration with a view to amending the Orange Development Control Plan 2004. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Mileto, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr McRae
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 - 21/119 Cr J Hamling/Cr J Whitton 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 4616 Mitchell Highway 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 Sale Industrial Land - Part Lot 806 DP 120445 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 Sale Industrial Land - Lots 802 and 803 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. |
The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 8.30pm
The Mayor declared the Ordinary Meeting of Council resumed at 9.07pm.
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: 2021/609 |
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TRIM Reference: 2021/681 |
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RESOLVED - 21/120 Cr K Duffy/Cr S Nugent That Council resolves: 1 That Council sell Part 38 Astill Drive Orange for the sum of $187,000 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 Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Cr Munro
Absent: Nil
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TRIM Reference: 2021/703 |
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RESOLVED - 21/121 Cr K Duffy/Cr J Hamling That Council resolves: 1 That Council proceed with the sale of 31 and 33 Astill Drive Orange. 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 Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
The Meeting Closed at 9.08pm
This is Page Number 11 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 20 April 2021.