MINUTES OF THE
Ordinary Council Meeting
HELD IN Old Town Hall, 247 Anson Street, Orange and Online Meeting Platform Zoom
ON 17 August 2021
COMMENCING AT 7.00pm
Attendance
Cr R Kidd (Mayor), Cr G Taylor (Deputy Mayor), Cr K Duffy, Cr J Hamling, 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, Chief Financial Officer, Executive Support Manager
Nil
It is noted the Council Meeting was held via the online meeting platform zoom due to the COVID19 Lockdown of all NSW Local Government Areas during this period.
1.2 LIVESTREAMING AND RECORDING
The Mayor advised that the meeting was being livestreamed and recorded.
Rosie Aguila of the Orange Buddhist 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
Nil
|
TRIM Reference: 2021/1744 |
|
RESOLVED - 21/280 Cr G Taylor/Cr J Whitton That Council resolves: 1 That Orange City Council consult with appropriate organisations to investigate the commissioning and installation of a bronze statue as a tribute to families who have lost family members in the service of their Country. 2 That a report on findings be brought back to Council. |
For: Cr
Kidd, Cr Duffy, Cr Hamling, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr
Whitton,
Cr Mileto, Cr Romano
Against: Nil
Absent: Nil
3 Confirmation of Minutes of Previous Meeting
|
RESOLVED - 21/281 Cr J Whitton/Cr S Nugent That the Minutes of the Ordinary Meeting of Orange City Council held on 3 August 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 3 August 2021. |
For: Cr
Kidd, Cr Duffy, Cr Hamling, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr
Whitton,
Cr Mileto, Cr Romano
Against: Nil
Absent: Nil
4 Notices of Motion/Notices of Rescission
Nil
|
TRIM Reference: 2021/1717 |
|
RESOLVED - 21/282 Cr J Whitton/Cr G Taylor That the minutes of the Extraordinary Council Meeting held on 27 July 2021 be adopted.
|
For: Cr
Kidd, Cr Duffy, Cr Hamling, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr
Whitton,
Cr Mileto, Cr Romano
Against: Nil
Absent: Nil
|
TRIM Reference: 2020/2577 |
|
RESOLVED - 21/283 Cr J Whitton/Cr S Munro 1 That the resolutions made by the Planning and Development Committee at its meeting held on 3 August 2021 be confirmed as a true an accurate record of the proceedings. 2 That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 3 August 2021 be confirmed as a true an accurate record of the proceedings. 3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 3 August 2021 be confirmed as a true an accurate record of the proceedings. 4 That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 3 August 2021 be confirmed as a true an accurate record of the proceedings. 5 That the resolutions made by the Services Policy Committee at its meeting held on 3 August 2021 be confirmed as a true an accurate record of the proceedings.
|
For: Cr
Kidd, Cr Duffy, Cr Hamling, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner,
Cr Whitton,
Cr Mileto, Cr Romano
Against: Nil
Absent: Nil
|
5.3 Update on Outstanding Resolutions of Council including Questions Taken on Notice and Notices of Motions. TRIM Reference: 2021/247 |
|
RESOLVED - 21/284 Cr S Nugent/Cr S Munro That the information provided in the report by the Acting 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 Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr
Whitton,
Cr Mileto, Cr Romano
Against: Nil
Absent: Nil
|
TRIM Reference: 2021/1742 |
|
RESOLVED - 21/285 Cr R Kidd/Cr J Hamling That Council extends the Current Term of Deputy Mayor and Policy Committee Chairs until December 2021.
|
For: Cr
Kidd, Cr Duffy, Cr Hamling, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr
Whitton,
Cr Mileto, Cr Romano
Against: Nil
Absent: Nil
|
TRIM Reference: 2021/1652 |
|
MOTION Cr S Nugent/Cr J Whitton That Council approve the change in address for the Museum and the organisation more widely. |
|
AMENDMENT Cr R Kidd/Cr K Duffy That Council approve the change of address to include Wiradjuri for the Museum only. For: Cr Kidd, Cr Munro, Cr Duffy, Cr Mileto, Cr Romano, Cr Turner Against: Cr Nugent, Cr Taylor, Cr Hamling, Cr Whitton Absent: Nil |
|
THE AMENDMENT ON BEING PUT WAS CARRIED AND BECAME THE MOTION |
|
THE MOTION ON BEING PUT WAS CARRIED |
|
RESOLVED - 21/286 Cr R Kidd/Cr K Duffy That Council approve the change of address to include Wiradjuri for the Museum only. |
For: Cr
Kidd, Cr Turner, Cr Duffy, Cr Hamling, Cr Munro, Cr Nugent, Cr Taylor, Cr
Whitton,
Cr Mileto, Cr Romano
Against: Nil
Absent: Nil
Cr Kidd stated he would approve the change of address for the Museum but asked what does the “organisation more widely” mean.
The Chief Executive Officer stated that it means for example Orange City Council, Wiradjuri Country, 135 Byng Street, Orange 2800.
|
TRIM Reference: 2021/1627 |
|
RESOLVED - 21/287 Cr K Duffy/Cr R Turner That Council consents to development application DA 230/2021(1) for Warehouse or Distribution Centre at Lot 106 DP 1194589 - 24 Astill Drive, Orange pursuant to the conditions of consent in the attached draft Notice of Approval.
|
For: Cr
Kidd, Cr Duffy, Cr Hamling, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr
Whitton,
Cr Mileto, Cr Romano
Against: Nil
Absent: Nil
Cr Mileto asked if there need to upgrade the electricity near this development bearing in mind the use of this development.
The Director Technical Services stated that where there are DAs for a development on an existing lot of land it will be up to the building owner to upgrade any power supply for that facility. For example a similar situation happened with tenants of old Email site. Where a developer is subdividing the developer would be required to upgrade the electricity for that sub-division.
Cr Mileto asked where does Council’s obligations finish, where do we have to take the power to and where do Developer obligations start.
The Director Technical Services stated that it depends, if there is power to the boundary then the developer would have to take it from the boundary. If Council was selling a block of land then it may be part of the conditions of sale.
|
TRIM Reference: 2021/1747 |
|
THIS ITEM WAS WITHDRAWN
|
|
TRIM Reference: 2021/1758 |
|
Motion Cr S Nugent/Cr R Turner That Council modifies development consent DA423/2019(1) for Electricity Generating Works (solar farm) at Lot 200 DP 1194585 – 643 Mitchell Highway, Orange pursuant to the attached modified notice of determination. |
|
amendment Cr K Duffy/Cr S Munro That staff bring back an instrument of refusal to the next Council meeting for the development application DA423/2019(1)/2020(1) for Electricity Generating Works (solar farm) at Lot 200 DP 1194585 – 643 Mitchell Highway, Orange based on reasons for refusal including dismantlement of infrastructure, landscaping rehabilitation, lack of confidence in the proposal and the location of the utility. For: Cr Kidd, Cr Duffy, Cr Hamling,
Cr Munro, Cr Taylor, Cr Whitton, Against: Cr Turner, Cr Nugent Absent: Nil |
|
the amendement on being put was carried and became the motion |
|
the motion on being put was carried |
|
RESOLVED - 21/288 Cr K Duffy/Cr S Munro That staff bring back an instrument of refusal to the next Council meeting for the development application DA423/2019(1)/2020(1) for Electricity Generating Works (solar farm) at Lot 200 DP 1194585 – 643 Mitchell Highway, Orange based on reasons for refusal including dismantlement of infrastructure, landscaping rehabilitation, lack of confidence in the proposal and the location of the utility. |
For: Cr
Kidd, Cr Duffy, Cr Hamling, Cr Munro, Cr Taylor, Cr Whitton,
Cr Mileto, Cr Romano
Against: Cr Turner, Cr Nugent
Absent: Nil
Cr Mileto asked if Council could raise the issue of a bond.
The Director Development Services stated that there was no bond identified and Council can only determine matters before it in the amendment for Conditions 45 and 48.
|
TRIM Reference: 2021/1700 |
|
RESOLVED - 21/289 Cr J Whitton/Cr K Duffy That Council resolves: 1 That Council resolve to authorise the Mayor, Chairperson of Finance Policy Committee, Chief Executive Officer and Responsible Accounting Officer to sign the Statement by Council and Management for the General Purpose and Special Purpose Financial Statements in order for Council’s Auditors to conduct the audit and upon completion of the audit, issue an audit statement in accordance with section 413(2)(c) of the Local Government Act 1993. 2 That Council’s Auditor be invited to present the Audit Report to Council. |
For: Cr
Kidd, Cr Duffy, Cr Hamling, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr
Whitton,
Cr Mileto, Cr Romano
Against: Nil
Absent: Nil
|
TRIM Reference: 2021/1714 |
|
RESOLVED - 21/290 Cr K Duffy/Cr J Hamling That Council resolves: 1 To note the Statement of Investments as at 31 July 2021. 2 To adopt the certification of the Responsible Accounting Officer. |
For: Cr
Kidd, Cr Duffy, Cr Hamling, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr
Whitton,
Cr Mileto, Cr Romano
Against: Nil
Absent: Nil
|
AMENDMENT Cr R Turner/Cr G Taylor That Council resolves: 1 That funding of $5,000 be made from the Event Sponsorship Program to Book Orange for the A Night in Nashville event. 2 That funding of $5,000 be made from the Event Sponsorship Program to Canobolas Endurance Riders Club for the Matar Stables Bullio Cup 2021. 3 That funding of $10,000 to Australian National Field Day for the Australian National Field Days 2021 be withdrawn as the event is not proceeding. 4 That funding of $10,000 be made from the Event Sponsorship Program to the Orange Region Vignerons Association for the Orange Wine Festival Night Market 2021. 5 That funding of $726 be made from the Event Sponsorship Program to the Western NSW LHD for the Health Expo 2021. 6 That funding of $12,000 be made from the Event Sponsorship Program to the Rotary Club of Orange Inc. for the National Bush Poetry Performance Championship 2022. 7 That funding of $4,800 be made from the Event Sponsorship Program to the Orange Chamber Music Festival for the Cultured – Orange Chamber Music Festival 2022. 8 That Council's intention to donate $5,000 to Book Orange be placed on public exhibition for 28 days. 9 That Council's Chief Executive Officer be given delegation to finalise determination for the Event Sponsorship to Book Orange post exhibition. 10 That Council funding is approved subject to the events proceeding due to COVID19 restrictions. For: Cr Kidd, Cr Duffy, Cr
Hamling, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton, Against: Nil Absent: Nil |
|
THE AMENDMENT ON BEING PUT WAS CARRIED AND BECAME THE MOTION |
|
THE MOTION ON BEING PUT WAS CARRIED |
|
RESOLVED - 21/291 Cr R Turner/Cr G Taylor That Council resolves: 1 That funding of $5,000 be made from the Event Sponsorship Program to Book Orange for the A Night in Nashville event. 2 That funding of $5,000 be made from the Event Sponsorship Program to Canobolas Endurance Riders Club for the Matar Stables Bullio Cup 2021. 3 That funding of $10,000 to Australian National Field Day for the Australian National Field Days 2021 be withdrawn as the event is not proceeding. 4 That funding of $10,000 be made from the Event Sponsorship Program to the Orange Region Vignerons Association for the Orange Wine Festival Night Market 2021. 5 That funding of $726 be made from the Event Sponsorship Program to the Western NSW LHD for the Health Expo 2021. 6 That funding of $12,000 be made from the Event Sponsorship Program to the Rotary Club of Orange Inc. for the National Bush Poetry Performance Championship 2022. 7 That funding of $4,800 be made from the Event Sponsorship Program to the Orange Chamber Music Festival for the Cultured – Orange Chamber Music Festival 2022. 8 That Council's intention to donate $5,000 to Book Orange be placed on public exhibition for 28 days. 9 That Council's Chief Executive Officer be given delegation to finalise determination for the Event Sponsorship to Book Orange post exhibition. 10 That Council funding is approved subject to the events proceeding due to COVID19 restrictions. |
For: Cr
Kidd, Cr Duffy, Cr Hamling, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr
Whitton,
Cr Mileto, Cr Romano
Against: Nil
Absent: Nil
Cr Nugent asked for clarification of public exhibition.
The Chief Executive Officer stated that Book orange is the only one item going on exhibition as it is a for profit organisation.
|
TRIM Reference: 2021/1769 |
|
RESOLVED - 21/292 Cr S Nugent/Cr S Munro That the information in the report on Projects be acknowledged. |
For: Cr
Kidd, Cr Duffy, Cr Hamling, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr
Whitton,
Cr Mileto, Cr Romano
Against: Nil
Absent: Nil
|
QUESTION TAKEN ON NOTICE Cr T Mileto Cr Mileto asked if there was an issue with residents of Cabonne taking rubbish to the Resource Recovery Centre and being turned away. |
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 - 21/293 Cr J Hamling/Cr R Turner 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. |
The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 8.26pm
The Mayor declared the Ordinary Meeting of Council resumed at 8.35pm.
7 Resolutions from Closed Meeting
The Chief Executive Officer read out the following resolutions made in the Closed Meeting of Council.
|
TRIM Reference: 2021/1768 |
|
RESOLVED - 21/294 Cr K Duffy/Cr J Hamling That the information in this report be acknowledged. |
For: Cr
Kidd, Cr Duffy, Cr Hamling, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr
Whitton,
Cr Mileto, Cr Romano
Against: Nil
Absent: Nil
The Meeting Closed at 8.36PM.
This is Page Number 11 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 17 August 2021.