ORANGE CITY COUNCIL

 

MINUTES OF THE

Extraordinary Council Meeting

HELD IN Online conferencing platform ZOOM due to COVID-19 requirements

ON 27 July 2021 (POSTPONED FROM 20 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 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, Chief Financial Officer, Executive Support Manager, Manager Water & Sewerage Strategic (9pm).

 

1.1     APOLOGIES

 

RESOLVED - 21/236                                                                           Cr S Munro/Cr J Whitton

That the apologies be accepted from Cr Romano for the Council Meeting of Orange City Council on 27 July 2021.

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

Against: Nil

Absent: Cr Romano

 

It is noted the Council Meeting was held via the online meeting platform zoom due to the COVID19 Lockdown of the Orange, Cabonne and Blayney Local Government Areas during this period.

1.2     LIVESTREAMING AND RECORDING

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

1.3     OPENING PRAYER

Binu Naif of the Orange Hindu Association led the Council in Prayer.

1.4     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 Munro declared a Significant Pecuniary interest in item 6.5 – Sale and Development – 103 Prince Street, Orange as an owner of property in the vicinity.

Cr McRae declared a Significant Pecuniary interest in item 6.5 – Sale and Development – 103 Prince Street, Orange as she owns a business and property in the vicinity of the site.

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.05PM

5.11 - Part 5 Environmental Assessment East Orange Harvesting Wetland

5.12 - DA 138/2021 - 85-87 March Street

5.14 - DA 121/2021 - 46 Kite Street

5.15 - DA196/2021 - 147 Lords Place

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.36PM

2       Mayoral Minutes

2.1     Grieving Mother Statue

TRIM Reference:        2021/1620

RESOLVED - 21/237                                                                             Cr S Munro/Cr G Taylor

That this item be deferred for further consultation.

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

Against: Nil

Absent: Cr Romano


 

 3      CONFIRMATION OF THE MINUTES OF PREVIOUS MEETING

RESOLVED - 21/238                                                                            Cr S Munro/Cr S Nugent

That the minutes of the Ordinary Meeting of Orange City Council held on 6 July 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 July 2021.

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

Against: Nil

Absent: Cr Romano

4       Notices of Motion/Notices of Rescission

4.1     Ageism - EveryAGE Counts Campaign

TRIM Reference:        2021/1458

RESOLVED - 21/239                                                                             Cr K Duffy/Cr J Whitton

That Council resolves:

1      That Council agrees that we are deeply concerned about the profound impact of ageism on our communities. We recognise that ageism can negatively impact the job prospects, confidence, health, quality of life and control over life decisions of our constituents. Ageism can limit people from participating in our communities as full citizens. Ageism also has proven negative impacts on the physical health, mental health and longevity of our constituents.

2      To support the EveryAGE Counts campaign to end ageism and join with others in our communities to create a society where every person is valued, connected and respected, regardless of age.

3      To Take the Pledge to stand for a world without ageism where all people of all ages are valued and respected, and their contributions are acknowledged. We commit to speak out and take action to ensure older people can participate on equal terms with others in all aspects of life.

4      To Encourage Council staff to Take the Pledge and to create opportunities in our communities to build awareness of ageism and its impacts.

5      To Promote Council’s signing of the pledge to end ageism amongst residents and raise awareness of the impacts of ageism.

6      To Inform relevant Federal and State parliamentarians of our support for EveryAGE Counts and that we have taken the pledge to end ageism.

7      That Council Launch and Promote International Day of the Older Person for 1 October 2021.

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

Against: Nil

Absent: Cr Romano


 

4.2     Timaru Council

TRIM Reference:        2021/1459

Motion                                                                                                 Cr K Duffy/Cr G Taylor

That Orange City Council take up the numerous offers we have had from Timaru Council to have a Return visit.

AMENDMENT                                                                                     Cr S Nugent/Cr T Mileto

That Council explore the costs, benefits and timing for a visit to Timaru as per the policy.

For: Cr Mileto, Cr Nugent

Against: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Taylor, Cr Turner, Cr Whitton

Absent: Cr Romano

THE AMENDMENT ON BEING PUT WAS LOST

FORSHADOWED AMENDMENT                                                                               Cr R Turner

That a report be presented to the new Council with the history of the Sister City relationships.

THE FORSHADOWED AMENDMENT WAS WITHDRAWN

THE MOTION ON BEING PUT WAS CARRIED

RESOLVED - 21/240                                                                               Cr K Duffy/Cr G Taylor

That Orange City Council take up the numerous offers we have had from Timaru Council to have a Return visit.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Munro, Cr Taylor, Cr Turner, Cr Whitton

Against: Cr Mileto, Cr McRae, Cr Nugent

Absent: Cr Romano


 

5       General Reports

5.1     Recommendations and Resolutions from Policy Committees

TRIM Reference:        2020/2576

RESOLVED - 21/241                                                                           Cr J Hamling/Cr S Munro

1        That the resolutions made by the Planning and Development Committee at its meeting held on 6 July 2021 be noted.

2        That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 6 July 2021 be noted. 

3        That the resolutions made by the Infrastructure Policy Committee at its meeting held on 6 July 2021 be noted. 

2        That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 6 July 2021 be noted. 

4        That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 6 July 2021 be noted.

5        That the resolutions made by the Finance Policy Committee at its meeting held on 6 July 2021 be noted.

6        That the resolutions made by the Services Policy Committee at its meeting held on 6 July 2021 be noted.

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

Against: Nil

Absent: Cr Romano

 

 

5.2     Update on Outstanding Resolutions of Council including Questions Taken on Notice and Notices of Motions.

TRIM Reference:        2021/246

RESOLVED - 21/242                                                                            Cr S Munro/Cr S Nugent

That the information provided in the report by the Director Corporate and Commercial Services 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 Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton, Cr Mileto

Against: Nil

Absent: Cr Romano


 

5.3     Policy Review - Post Exhibition - Single-Use Plastics

TRIM Reference:        2021/1535

RESOLVED - 21/243                                                                            Cr S Munro/Cr S Nugent

That Council resolves to adopt Strategic Policy – ST149 – Single Use Plastics without amendment.

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

Against: Nil

Absent: Cr Romano

 

5.4     Pesticide Notification Plan - Adoption

TRIM Reference:        2021/1532

RESOLVED - 21/244                                                                                Cr R Kidd/Cr S Munro

That Council resolves to adopt the Pesticide Notification Plan as tabled.

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

Against: Nil

Absent: Cr Romano

 

Cr Nugent noted the report does refer to a number of changes to the plan and asked for a quick overview of what the changes were.

The Director Development Services stated changes related to the initial draft, where Council may have signage, risk assessment section was added, tweaking of words around breaking up the public sector, this version keeps it broad and the document done under guidance of EPA and is compliant with the EPA requirements.

 

5.5     Projects Activities July 2021

TRIM Reference:        2021/1454

RESOLVED - 21/245                                                                           Cr J Whitton/Cr G Taylor

That the information in the report on Projects be acknowledged.

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

Against: Nil

Absent: Cr Romano


 

 

QUESTION TAKEN ON NOTICE                                                                              Cr J Whitton

Cr Whitton asked whether, following the recent rain, repairs to the roads could be undertaken through the general maintenance budget or additional funding would need sourcing.

 

5.6     Biz HQ

TRIM Reference:        2021/1404

RESOLVED - 21/246                                                                            Cr S Nugent/Cr T Mileto

That Council note the report on the proposed conversion of the Business Enterprise Centre from a NSW Incorporated Association to a Public Company Limited by Guarantee.

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

Against: Nil

Absent: Cr Romano

 

5.7     Statement of Investments - June 2021

TRIM Reference:        2021/1405

RESOLVED - 21/247                                                                               Cr K Duffy/Cr S Munro

That Council resolves:

1        To note the Statement of Investments as at 30 June 2021.

2        To adopt the certification of the Responsible Accounting Officer.

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

Against: Nil

Absent: Cr Romano

 

5.8     Mt Canobolas Mountain Bike Trail

TRIM Reference:        2021/1435

RESOLVED - 21/248                                                                           Cr J Hamling/Cr R Turner

That the report on the Mt Canobolas Mountain Bike Trail be noted.

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

Against: Cr Nugent

Absent: Cr Romano


 

5.9     Orange Regional Sports Precinct - Next Steps

TRIM Reference:        2021/1564

RESOLVED - 21/249                                                                           Cr J Hamling/Cr G Taylor

That Council note the report on the on the next stages of the Orange Regional Sports Precinct project.

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

Against: Cr Nugent

Absent: Cr Romano

 

Cr Mileto asked with initial removal of trees if it is it going to be a local company undertaking the works and if not local will they be from a COVID hotspot eg. Sydney and potentially hold up the process.

The Director Community, Recreation & Cultural Services stated that the successful company is based in Blue Mountains and no significant delay envisaged. Council has received all their SWMS information and the major limiter is the ground conditions rather than physical location of contractors.

 

Cr Mileto asked with regard to the number of trees and potentially 6000 cubic metres of mulch, how much will remain on site and how much will go elsewhere.

The Director Community, Recreation & Cultural Services stated that timber will be taken off site and recycled (reused). Chipping will include branches and limbs. Some will stay on site and used in Council stockpiles around the city and some will be composted.

 

Cr Nugent commended staff on the report and updating the community on where things are up to. With the Section 60 approval received, is there any reason why we cannot wait until the approvals have been obtained for the overall design before we start removing the trees.

The Director Community, Recreation & Cultural Services stated that the State Government would like us to proceed with the project as soon as possible and get underway with works while the Heritage Office considers the landscape master plan to soon be submitted showing we have commenced the project.

 

Cr Hamling asked when it would be possible to commence works if the rain stops.

The Director Community, Recreation & Cultural Services stated contact had been made with the contractor to inspect the site however it is envisaged more information will be available towards the end of the week.


 

5.10   Library Overdue Fines

TRIM Reference:        2021/1563

RESOLVED - 21/250                                                                            Cr S Nugent/Cr S Munro

That Council resolves:

1    To abolish fees for overdue library materials from 1 August 2021;

2    Waive any existing overdue fees for library materials from 1 August 2021; and

3    For borrowers who lose, damage or keep library materials, the existing fine structure will continue to recoup the cost of both the item and the processing cost.

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

Against: Nil

Absent: Cr Romano

 

Cr Mileto asked why has there been an increase and if there is something Council can do better to change it.

The Director Community, Recreation & Cultural Services stated reminders are sent out to borrowers and it is easy to renew items online, however when people receive a fine they tend to not return to use the library. Overdue books need to be returned prior to additional borrowings being allowed and safe guards have been put in place to ensure books are returned or replaced with lost. It is not accurate that books can be borrowed and never have to be returned.

 

 

5.11   Part 5 Environmental Assessment East Orange Harvesting Wetland

TRIM Reference:        2021/1560

RESOLVED - 21/251                                                                             Cr K Duffy/Cr J Hamling

That Council approves the East Orange Harvesting Wetland (EOHW) in accordance with its obligations and powers under Part 5 of the Environmental Planning & Assessment Act 1979, subject to inclusion of additional recommendations of Entura dated 2 & 3 June 2021.

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

Against: Nil

Absent: Cr Romano

 

Cr Hamling noted speakers stated that the staff were happy to have further discussions, if this is an option why wouldn’t we defer it for that to occur.

The Director Technical Services stated that this is the REF component of the works, there is another section we go through for approvals under the Water Management Act through NRAR, they won’t start their process until we approve the REF – we have plenty of time to have discussions, as the application will be advertised for 28 days again by NRAR. I would not recommend to defer this REF as it will slow down the whole process.

Cr Nugent asked where the recommendations go if approved by Council.

The Director Development Services stated that a Review of Environmental Factors is generally self-determined by the proponent (Technical Services).  Given public interest and scale of this proposal,  Development Services have provided a peer reviewed of the REF for Council approval. There is no development consent, if Council adopts the REF, the mitigation measures identified within the REF become commitments to be complied with throughout the development.

 

Cr Mileto asked, if approved by NRAR, what consultation will occur with the downstream stakeholders if it is approved tonight.

The Director Technical Services stated that he has offered to meet weekly with Mr Pearce and happy to meet with a smaller group on a weekly basis up to the 3rd week of the 4 week exhibition period by NRAR. If we still agree to disagree on mitigation measures, they are still free to put a submission to NRAR to consider. This wetland is off-stream and only holds 13 megalitres of water as a permanent storage and 30 Megalitres of storm storage – to put this into perspective, the current flow in the Blackmans’ Swamp is 62 megalitres – and more environmentally friendly than Ploughmans Wetlands with bypass flows remaining in the main channel.

 

Cr Mileto asked at what point will water be released from the wetlands.

The Director Technical Services stated that essentially it will act as a diversion and once flows are above 2 Megalitres base flow, flows are split into 2 directions– so if you had flows like today [62 Megalitres], 32 Megalitres would remain in the base channel and 32 Megalitres would be diverted into the wetland. The wetland will be full within 1.5 days starting from completely empty and any flow after that will spill over and join back into the Blackmans Swamp Creek system.

 

Cr Mileto asked how long it will take to develop the wetlands.

The Director Technical Services stated that the initial construction will be in order of 12 months. The NRAR approval may take 3 months. Looking at page 159 it shows a concept of the wetlands, it is not just a holding pond, it incorporates grassy meadows, extensive planting, walkways and community meeting areas etc. The community and land Council have also been consulted.

 

Cr Nugent asked if we approve this tonight when will we submit an application to NRAR.

The Director Technical Services stated Council had been in discussions with NRAR since February and the first application was submitted some months ago with a second application at the request of NRAR in the last week. NRAR will not process the application until the REF is approved.

 

Cr Nugent asked that once it is put on exhibition for 28 days, stakeholders will have an opportunity to put a submission to NRAR.

The Director Technical Services stated yes, administratively it may be a couple of weeks before NRAR places the application on exhibition and yes stakeholders will have time to put submissions to NRAR throughout the exhibition period.

 


 

5.12   Development Application DA 138/2021(1) - 85-87 March Street

TRIM Reference:        2021/1411

RESOLVED - 21/252                                                                           Cr J Whitton/Cr S Munro

That Council consents to development application DA 138/2021(1) for Dwelling Alterations and Additions (change of use from restaurant), Subdivision (two lot Torrens title), and Dwelling and Attached Garage (new construction – two storey) at Lot 1 DP 779381 – 85 March Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.

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

Against: Nil

Absent: Cr Romano

 

5.13   Development Application DA 67/2021(1) - 11 Borrodell Drive

TRIM Reference:        2021/1417

RESOLVED - 21/253                                                                               Cr R Turner/Cr K Duffy

That Council consents to development application DA67/2021(1) for Subdivision (11 lot Torrens title and 5 lot Community title) at Lot 3 DP264431, 11 Borrodell Drive, Orange pursuant to the conditions of consent in the attached Notice of Determination.

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

Against: Nil

Absent: Cr Romano

 

Cr Mileto asked what the minimal lot sizes for the subdivision were.

The Director Development Services started there are two separate areas with an aim to get a balance and mixture of lot sizes. On the hill minimum sizes are approx. 1800sqm down to smaller sizes of 850sqm.

 

5.14   Development Application DA 121/2021(1) - 46 Kite Street

TRIM Reference:        2021/1497

RESOLVED - 21/254                                                                          Cr S Nugent/Cr J Whitton

That Council refuses development application DA 121/2021(1) for Carport Alterations (replace gate with roller door) at Lot 1 DP 84714 - 46 Kite Street, Orange pursuant to the reasons in the attached Notice of Refusal.

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

Against: Nil

Absent: Cr Romano


 

5.15   Development Application DA 196/2021(1) - 147 Lords Place

TRIM Reference:        2021/1529

RESOLVED - 21/255                                                                           Cr J Whitton/Cr S Munro

That Council consents to development application DA 196/2021(1) for Artisan Food and Drink Industry (change of use)and signage at Lot A DP 394144 - 147 Lords Place, Orange pursuant to the conditions of consent in the attached Notice of Approval with the removal of Condition 6 relating to parking contributions.

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

Against: Nil

Absent: Cr Romano

 

Cr Kidd asked if the application is approved, what happens if there is a change of use or becomes another business in 5 years’ time or became a restaurant open 7 days a week.

The Director Development Services stated that it would depend if there was a need for another development application, this is also a change of use application from a warehouse bringing a change in parking contributions through a more intensive use. What it could be used for in the future would depend on what can be considered exempt development otherwise it would require another development consent which would trigger parking contributions. It is based on the floor area of the premises similar to what has been shown in the report for the front bar area, so it would be similar calculations but dependant on the size of the floor space used for that particular use.

 

 

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 - 21/256                                                                               Cr S Munro/Cr K Duffy

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     2019-2021 Water Consumption Charges - 3 Lone Pine Avenue Spring Creek

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.

6.2     2020/2021 Second and Third Quarter Water/Sewerage Charges - 36-40 Lords Place, 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.

6.3     2020/2021 Second and Third Quarter Water/Sewerage Charges - 212 Anson 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 (b) the personal hardship of any resident or ratepayer.

6.4     Environmental Upgrade Agreements

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, (d)ii information that would, if disclosed, confer a commercial advantage on a competitor of the council and (d)iii information that would, if disclosed, reveal a trade secret.

6.5     Sale and Development - 103 Prince 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.

6.6     Tender for Detailed Design of the Conservatorium and Planetarium

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.

6.7     Tender for the construction of an ablutions block at the Canobolas Scout Camp

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.

6.8     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.

6.9     Industrial Land Sale

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.

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

Against: Nil

Absent: Cr Romano

    

The Mayor declared the Extraordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 9.18pm

The Mayor declared the Extraordinary Meeting of Council resumed at 9.34pm.

 

7       Resolutions from Closed Meeting

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

6.1     2019-2021 Water Consumption Charges - 3 Lone Pine Avenue Spring Creek

TRIM Reference:        2021/1531

RESOLVED - 21/257                                                                             Cr T Mileto/Cr S Munro

That Council resolves:

1     That the water consumption charges levied on 3 Lone Pine Avenue Spring Creek be reduced pro-rata to what is considered normal consumption being 20 kilolitres per quarter, resulting in a reduction of $15,280.65 as detailed in table at the end of this report.

2     That the interest charges totalling $1,018.87 also be written off.

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

Against: Nil

Absent: Cr Romano

 

6.2     2020/2021 Second and Third Quarter Water/Sewerage Charges - 36-40 Lords Place, Orange

TRIM Reference:        2021/1521

RESOLVED - 21/258                                                                               Cr S Munro/Cr K Duffy

That Council resolves:

1   That the 2020/2021 water access charge of $1,721.21 be reduced to the equivalent of a 20mm water access charge being $275.44 per annum.

2   That the 2020/2021 sewerage charges levied based on the 50mm water service also be reduced based on a 20mm service.

3   That all future water access charges raised on 36-40 Lords Place Orange are levied based on a 20mm water service not a 50mm connection.

4   That the 2020/2021 second quarter water consumption charge of $3,757.50 be reduced to $0.00, and the sewerage charge of $3,423.54 be reduced to the minimum charge of $133.91.

5   That the interest charges raised as a result of the disputed charges be waived.

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

Against: Nil

Absent: Cr Romano

 

6.3     2020/2021 Second and Third Quarter Water/Sewerage Charges - 212 Anson Street, Orange

TRIM Reference:        2021/1536

RESOLVED - 21/259                                                                            Cr S Munro/Cr R Turner

That Council resolves:

1   That the 2020/2021 second quarter water consumption of $4,135.00 be reduced by 40% to $2,481.00, being a credit of $1,654.00.

2   That the 2020/2021 second quarter sewerage charges of $4,184.93 be reduced pro-rata to previous consumption to $722.18, being a credit of $3,462.75.

3   That the 2020/21 third quarter water consumption of $3,097.50 be reduced by 40% to $1,858.50, being a credit of $1,239.00.

4   That the 2020/21 third quarter sewerage charge of $3,199.31 be reduced pro-rata to previous consumption to $703.18 being a credit of $2,496.13.

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

Against: Nil

Absent: Cr Romano


 

6.4     Environmental Upgrade Agreements

TRIM Reference:        2021/1526

RESOLVED - 21/260                                                                            Cr S Nugent/Cr S Munro

That the Council support Environmental Upgrade Agreements and that Delegated Authority be provided to Councils Chief Executive Officer to begin offering them to eligible businesses within the local government area.

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

Against: Nil

Absent: Cr Romano

 

6.5     Sale and Development - 103 Prince Street, Orange

TRIM Reference:        2021/1488

Cr Munro declared a Significant Pecuniary interest in this item as an owner of property in the vicinity, was placed in the Zoom waiting room and did not participate in discussion or voting on this item.

Cr McRae declared a Significant Pecuniary interest in this item as she owns a business and property in the vicinity of the site, was placed in the Zoom waiting room and did not participate in discussion or voting on this item.

RESOLVED - 21/261                                                                             Cr J Hamling/Cr K Duffy

That Council resolves:

1    To proceed with the sale and development of 103 Prince Street, Orange in accordance with the terms in this report.

2    That permission be granted to affix the Council Seal on any relevant documentation.

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

Against: Nil

Absent: Cr Romano, Cr McRae, Cr Munro


 

6.6     Tender for Detailed Design of the Conservatorium and Planetarium

TRIM Reference:        2021/1399

RESOLVED - 21/262                                                                            Cr R Turner/Cr S Munro

1        That Tender F499-1 for the Detailed Design of the Conservatorium and Planetarium, be awarded to Brewster Hjorth Architects for their tendered price of $933,800.00 (Ex GST).

2        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 Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton, Cr Mileto

Against: Nil

Absent: Cr Romano

 

6.7     Tender for the construction of an ablutions block at the Canobolas Scout Camp

TRIM Reference:        2021/1581

RESOLVED - 21/263                                                                           Cr S Munro/Cr J Hamling

That Council resolves:

1     Tender F665-1 for the Construction of Amenities – Canobolas Scout Camp be awarded OMNI Building Group for their tendered price of $288,725.43 (Ex GST)

2     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 Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton, Cr Mileto

Against: Nil

Absent: Cr Romano

 

6.8     Submission Redactions

TRIM Reference:        2021/1445

RESOLVED - 21/264                                                                              Cr S Nugent/Cr K Duffy

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 Whitton, Cr Mileto

Against: Nil

Absent: Cr Romano


 

 

6.9     Industrial Land Sale

TRIM Reference:        2021/1621

RESOLVED - 21/265                                                                              Cr J McRae/Cr T Mileto

That the CEO be delegated to enter options and finalise contracts for the sale of industrial land at 298 Clergate Road as per the detail in this report.

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

Against: Nil

Absent: Cr Romano

 

 MATTER ARISING                                                                                 Cr K Duffy/Cr S Munro

Cr Duffy requested a letter be sent to the Minister for Local Government commending her on the postponement of the Local Government elections until December 2021 due to the COVID pandemic.

 

The Meeting Closed at 9.43PM

This is Page Number 18 and the Final Page of the Minutes of the Extraordinary Meeting of Orange City Council held on 27 July 2021.