ORANGE CITY COUNCIL

 

MINUTES OF THE

Ordinary Council Meeting

HELD IN Council Chamber, Civic Centre, Byng Street, Orange

ON 6 July 2021

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, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr S Romano , Cr R Turner, Cr J Whitton

Chief Executive Officer, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Corporate Governance, Executive Support Manager, Executive Support Officer, Team Leader Aging & Sector Support, Manager Engineering Services.

 

1.1     APOLOGIES

Nil.

Council observed 1 minute silence in memory of the passing of John Keegan.

The Chief Executive Officer welcomed the new Director Corporate & Commercial Services to Council.

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.

1.4     Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests

Cr McRae declared a Non-Significant, Non-Pecuniary Interest in FPC Item 2.3 – Orange Business Chamber Financial Assistance Request – 2021 Orange Business Awards – as she is an ordinary member of the Orange Business Chamber.

Cr Whitton declared a Non-Significant, Non-Pecuniary Interest in items 4.1 & 4.2 – Notice of Motion – Blue Trees – Blue Park Benches as a founding member of Marathon Health.

Cr Nugent declared a Non-Significant, Non-Pecuniary Interest in items 4.1 & 4.2 – Notice of Motion – Blue Trees – Blue Park Benches as a member of the Orange Headspace consortium.

 


 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.08PM

 

OPEN FORUM

 

Items 4.1 & 4.2 – Notice of Motion – Blue Trees – Blue Park Benches

Jane Passer – Orange Suicide Prevention Network

Jock Campbell – Orange Suicide Prevention Network

Bernadette Allen – Housing Plus

 

PDC Item 2.5 – Orange Development Control Plan – 185 Leeds Parade

Paul Morgan – JASBE Consulting – addressed Council on the reasons for the need to change the DCP for this development.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.33PM.

 

RESOLVED - 21/196                                                                            Cr S Nugent/Cr S Munro

That Council permit late item 2.2 – Orange Regional Conservatorium and Planetarium to be added to the Council Meeting of 6 July 2021.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil

 

2       Mayoral Minutes

2.2     Orange Regional Conservatorium and Planetarium

TRIM Reference:        2021/1512

RESOLVED - 21/197                                                                           Cr J Hamling/Cr S Munro

That Orange Council resolve to commence development of The Conservatorium/Planetarium.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil


 

 

2.1     Central NSW JO Board Meeting - 03 June 2021

TRIM Reference:        2021/1324

RESOLVED - 21/198                                                                           Cr J Whitton/Cr S Munro

That the information contained in this Mayoral Minute be acknowledged.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil

 

Cr Duffy  commended the energy project with the electronic vehicle charging infrastructure with the JO and asked, since the collaboration of infrastructure projects across the region is more efficient than going it alone, do other Councils recognise the importance of our projects in obtaining funding that  benefit not only Orange but the entire region.

The Director Technical Services stated that the JO support both Council and other groups collectively both in kind, in word and in written form, particularly for road projects. There is a working group to prioritise road projects across the whole JO and we get support for our works particularly the Southern Feeder Road and Northern Distributor Road that generally allow traffic to access other areas of the Central West. The JO does have general support from the other Councils.

 

Cr Nugent commented regarding the skills workforce and housing report which talks about housing shortages and asked if the local housing strategy would be coming to Council before the end of this term and whether it addressed the shortage of affordable housing.

The Director Development Services stated that the housing strategy is in the final stages of drafting but realistically we will run out of Council meetings before this can be finalised. There are a number of options for affordable housing much of those coming from State Environmental Planning Policies to give incentives for developers to construct affordable housing but there will be more options that come to surface throughout the drafting process and shall be tabled to Council once the document is finalised.

 

3       Confirmation of Minutes of Previous Meeting

RESOLVED - 21/199                                                                          Cr J Whitton/Cr S Nugent

That the Minutes of the Ordinary Meeting of Orange City Council held on 15 June 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 15 June 2021.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil


 

 

RESOLVED - 21/200                                                                           Cr J Whitton/Cr G Taylor

That the Minutes of the Extraordinary Meeting of Orange City Council held on 28 June 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 28 June 2021.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.45PM

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.50PM

 

 4      Notices of Motion/Notices of Rescission

4.1     Blue Trees Project

TRIM Reference:        2021/1398

Cr Whitton declared a Non-Significant, Non-Pecuniary Interest in this item as a founding member of Marathon Health.

Cr Nugent declared a Non-Significant, Non-Pecuniary Interest in this item as a member of the Orange Headspace consortium.

RESOLVED - 21/223                                                                            Cr S Munro/Cr S Nugent  

That Council identify a minimum of two dead trees in the Orange LGA that could be utilised in the Blue Tree Project whereby these trees are painted blue in colour in an attempt to create awareness around mental health and suicide prevention.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil


 

 

4.2     Blue Park Benches

TRIM Reference:        2021/1402

Cr Whitton declared a Non-Significant, Non-Pecuniary Interest in this item as a founding member of Marathon Health.

Cr Nugent declared a Non-Significant, Non-Pecuniary Interest in this item as a member of the Orange Headspace consortium.

RESOLVED - 21/224                                                                             Cr S Munro/Cr T Mileto

That Council allow the installation of a minimum of 15 blue park benches throughout Orange to assist with an initiative by the Orange Region Suicide Prevention Network to create a greater awareness of Mental Health and Suicide Prevention.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil

 

5       General Reports

5.1     Central West Region Collaborative for the Prevention of Abuse of Older People

TRIM Reference:        2021/1416

RESOLVED - 21/225                                                                          Cr S Nugent/Cr J Whitton

That Council note the report on the prevention of abuse of older people.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil

 

 

5.2     Code of Conduct Reporting - Reporting Comparison Over Council Terms

TRIM Reference:        2021/1221

RESOLVED - 21/226                                                                               Cr K Duffy/Cr S Munro

That the report on Code of Conduct Complaint Reporting – Reporting Comparison over Council Terms be acknowledged.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil

 


 

 

5.3     Event Approval Process - COVID 19 Restrictions

TRIM Reference:        2021/1408

RESOLVED - 21/227                                                                           Cr S Nugent/Cr R Turner

That Council resolves:

1     To permit non-contentious events hosted by local event organiser (i.e based within the Orange Region) to be approved by staff in line with the current Strategic Policy;

2     That Council’s Chief Executive Officer be given delegation to finalise determination on Event Applications hosted by external event organisers (from outside the Orange City Council LGA) while the Local Government care taker period is in place and until such time as the new Council holds a Council meeting for resolution of such Events.

3     That in determining any application there will be Compliance with current Covid-19 NSW Health Orders.  

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil

 

5.4     Orange Regional Destination Management Plan

TRIM Reference:        2021/1412

RESOLVED - 21/228                                                                           Cr S Munro/Cr J Whitton

That Council resolves to:

1     Note the report from the Manager Business Development.

2     Develop a Memorandum of Understanding with Blayney and Cabonne Councils to manage the development of a regional Destination Management Plan.

3     Develop a regional Destination Management Plan.

4     Prepare new tourism services contract tender covering the period of 1 January 2022 to 31 December 2024.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil


 

 

5.5     Road Closure Application - Part Wellwood Road

TRIM Reference:        2021/1434

RESOLVED - 21/229                                                                               Cr S Munro/Cr K Duffy

That Council resolves:

1     To advertise the proposed road closure in accordance with the requirements of the Crown Land Management Act.

2     That Council's Chief Executive Officer be given delegation to finalise determination for the road closure of part Wellwood Road, Orange post exhibition.

3     To proceed to sell that part of the road closed to the owner of 138 Malabar Road, subject to determination of any submissions received.

4     To grant approval for the use of the Council Seal on any necessary documentation.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil

 

Cr Duffy asked if Wellwood Road will remain a road once closed.

The Chief Executive Officer stated that no it will be the responsibility of the property owner it is sold to.

 

5.6     Lease Endeavour Oval to Emus Rugby Club

TRIM Reference:        2021/1222

RESOLVED - 21/230                                                                           Cr J Hamling/Cr S Munro

That Council resolves:

1          That following requirements of the Local Government Act, Council enter into a 21 year lease of Lot 1 and Lot 3 DP 880736.

2          That permission be granted for the use of the common seal on all necessary documentation in relation to the lease.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil


 

 

5.7     Classification of Land Lot 60 DP 1274510 7 Mountain Vista Way

TRIM Reference:        2021/1409

RESOLVED - 21/231                                                                               Cr K Duffy/Cr S Munro

1        That Lot 60 DP 1274510 Mountain Vista Way Orange be classified as Operational Land pursuant to the Local Government Act 1993.

2        That authority be granted to affix the Council Seal on all necessary documentation.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

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 - 21/232                                                                           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     Sale 1 Summer and 160 Woodward Street 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 (d)i commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

6.2     Tenders for the Supply of Roadbase and other Quarry Products

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     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.

 

    

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 9.21pm.

The Mayor declared the Ordinary Meeting of Council resumed at 9.25pm.


 

7       Resolutions from Closed Meeting

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

6.1     Sale 1 Summer and 160 Woodward Street Orange

TRIM Reference:        2021/1279

RESOLVED - 21/233                                                                               Cr J McRae/Cr K Duffy

That Council resolves:

1        The report from Manager Business Development be noted.

2        To proceed with the sale of 1 Summer Street and 160 Woodward Street Orange in accordance with the terms in this report.

3        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 Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil

 

6.2     Tenders for the Supply of Roadbase and other Quarry Products

TRIM Reference:        2021/1316

RESOLVED - 21/234                                                                              Cr K Duffy/Cr S Nugent

That Council resolves to:

1        Approve the establishment of a new Roadbase Supply Panel under the Council’s Purchasing Policy.

2        Approve the Chief Executive Officer, or his nominee, to enter into a standard contract with Boral Resources (Country) Pty Ltd, Charlmont Gravel Pty Ltd t/as Central West Gravel, Glenella Quarry Pty Ltd, Hanson Construction Materials Pty Ltd, Regional Quarries Australia Pty Ltd and Westlime Canowindra Pty Ltd for Supply of Roadbase and other Quarry Products as part of the panel.

3        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 affixing the Council Seal to all relevant documents if required.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil


 

6.3     Submission Redactions

TRIM Reference:        2021/1130

RESOLVED - 21/235                                                                            Cr J McRae/Cr S Nugent

That the information in this report be acknowledged.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil

 

The Meeting Closed at 9.27pm

This is Page Number 11 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 6 July 2021.