MINUTES OF THE
Ordinary Council Meeting
HELD IN OCTEC Builing, Old Town Hall, Cnr Byng Street and Anson Streets, Orange
ON 2 November 2021
COMMENCING AT 7.05pm
Attendance
Cr R Kidd (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, A/Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, A/Manager Corporate Governance, Chief Financial Officer, A/Executive Support Manager, Executive Support Administration Officer
RESOLVED - 21/395 Cr J Whitton/Cr S Nugent That the apologies be accepted from Cr G Taylor for the Council Meeting of Orange City Council on 2 November 2021. |
For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr S Romano,
Cr R Turner, Cr J Whitton
Against: Nil
Absent: Cr G Taylor
1.2 LIVESTREAMING AND RECORDING
The Mayor advised that the meeting was being livestreamed and recorded.
There was no opening 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
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.07pm.
Fiona Towns – PDC Agenda Item 2.2 DA 242/2021 (1) – 98 Dalton Street
Cr Jeff Whitton spoke on behalf of Andrew McDougall on the history of OCTEC and hosting this commemorative meeting in the Old Town Hall building.
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.19pm.
TRIM Reference: 2021/2571 |
RESOLVED - 21/396 Cr R Kidd/Cr J Hamling That the information contained in this Mayoral Minute be acknowledged
|
For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr S Romano,
Cr R Turner, Cr J Whitton
Against: Nil
Absent: Cr G Taylor
3 Confirmation of Minutes of Previous Meeting
RESOLVED - 21/397 Cr S Nugent/Cr J Whitton That the Minutes of the Ordinary Meeting of Orange City Council held on 19 October 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 19 October 2021. |
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.34pm.
Cr S Romano left the meeting at 8.28pm
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 9.07pm.
4 Notices of Motion/Notices of Rescission
TRIM Reference: 2021/2472 |
RESOLVED - 21/422 Cr S Munro/Cr S Nugent That Council: 1 note the report from the Orange Rail Action Group (ORAG). 2 continue to support ORAG in its lobbying for improved passenger rail services to the Central West, and in particular, an early morning direct seamless passenger train service to Sydney, and rail infrastructure upgrades aimed at delivering faster rail and shorter travel times. 3 continue to lobby the Central NSW Joint Organisation to support calls for improved passenger and freight rail services, and faster rail to the Central West. 4 endorse ORAG's concepts for the Orange Train Station Precinct to become a Local and Regional Transport Hub and Interchange.
|
For: Cr R Kidd, Cr K Duffy, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner
Against: Nil
Absent: Cr G Taylor, Cr S Romano, Cr J Whitton, Cr J Hamling
Cr Whitton left the boardroom at 9.08pm
Cr Hamling left the boardroom at 9.08pm
Cr Whitton returned to the boardroom at 9.10pm
Cr Hamling returned to the boardroom at 9.10pm
5 General Reports
TRIM Reference: 2021/1794 |
RESOLVED - 21/423 Cr T Mileto/Cr J Hamling 1 That Council maintain the contract provision of “User-Pay” Bulky Waste Disposal whereby residents may choose to purchase a ticket for the collection and disposal of Bulky Waste from the footpath at any agreed time between the resident and the waste contractor in accordance with the parameters of the service. 2 That the future of Kerbside Bulky Waste Service and/or a voucher system that allows residents to deliver their waste (up to 2 cubic metres in volume and within acceptance parameters) to the Ophir Road Resource Recovery Centre be considered by the incoming Council in their 2022/23 budget considerations.
|
For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,
Cr J Whitton
Against: Nil
Absent: Cr G Taylor, Cr S Romano
TRIM Reference: 2021/2255 |
RESOLVED - 21/424 Cr S Nugent/Cr K Duffy That Council identify motions in line with the LGNSW Guidelines for consideration at the Local Government Special Conference to be held in Sydney 28 February – 02 March 2022.
|
For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,
Cr J Whitton
Against: Nil
Absent: Cr G Taylor, Cr S Romano
TRIM Reference: 2021/2284 |
RESOLVED - 21/425 Cr K Duffy/Cr J Hamling That Council resolves to adopt Strategic Policy - ST056 – Enterprise Risk Management.
|
For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,
Cr J Whitton
Against: Nil
Absent: Cr G Taylor, Cr S Romano
5.4 Request for Financial Assistance - Event Sponsorship Funding Round 2 - Events 1 October to 31 December 2021 TRIM Reference: 2021/2308 |
RESOLVED - 21/426 Cr S Nugent/Cr T Mileto That Council resolves: 1 That funding of $5,000 be made from the Event Sponsorship Program to Book Orange for the Pre Loved Market Day event. 2 That Council's intention to donate $5,000 to Book Orange be placed on public exhibition for 28 days. 3 That Council's Chief Executive Officer be given delegation to finalise determination for the Event Sponsorship to Book Orange post exhibition.
|
For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,
Cr J Whitton
Against: Nil
Absent: Cr G Taylor, Cr S Romano
TRIM Reference: 2021/2277 |
RESOLVED - 21/427 Cr R Kidd/Cr T Mileto That Council resolves to delegate any permissible delegable function under the Local Government Act 1993 to the Chief Executive Officer (those delegations currently in place) for the period 05 December 2021 through to the first meeting of the new Council which is currently scheduled for 01 February 2021. |
For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,
Cr J Whitton
Against: Nil
Absent: Cr G Taylor, Cr S Romano
5.6 Development of the Safe and Secure Water Program - Cabonne, Orange and Central Tablelands Water - Regional Town Water Strategy TRIM Reference: 2021/2314 |
RESOLVED - 21/428 Cr T Mileto/Cr S Munro That Council: 1 Note the report on the project “Development of the Safe and Secure Water Program – Orange City Council, Cabonne Council and Central Tablelands Water Regional Town Water Strategy (SSWP270)”. 2 Agree to sign the Memorandum of Understanding (draft included in this report D21/65347) for the project “Development of the Safe and Secure Water Program – Orange City Council, Cabonne Council and Central Tablelands Water Regional Town Water Strategy (SSWP270)”.
|
For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,
Cr J Whitton
Against: Nil
Absent: Cr G Taylor, Cr S Romano
TRIM Reference: 2021/2452 |
RESOLVED - 21/429 Cr S Nugent/Cr T Mileto That Council note the concept designs and the body of the report.
|
For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,
Cr J Whitton
Against: Nil
Absent: Cr G Taylor, Cr S Romano
Cr Hamling asked if the intersection of NDR and Clergate Road is going to be looked at.
The Director Technical Services responded by saying its part of our Developer Contributions Plan that we are running parallel with the Local Housing Strategy (LHS) and through these instruments it will be reviewed.
Cr Whitton asked Council knocked back a development because of the ingress/egress off the distributor, is that something that could possibly be alleviated in the future and that business will have ingress/egress off the NDR.
The Director Technical Services said that yes potentially, although it would require a modification to the current consent.
TRIM Reference: 2021/2461 |
RESOLVED - 21/430 Cr S Nugent/Cr T Mileto 1 That the Chief Executive Officer be given a temporary delegation to approve two applications under the Future City Assistance Fund - Round 2 (as in Resolution 21/367) under section 377(1A) of the Local Government Act 1993 if no submissions against these applications are received from the exhibition of them ending on 5 November 2021. 2 That the Chief Executive Officer be given a temporary delegation to determine applications received under the Future City Assistance Fund from 3 November 2021 until the new Council's first meeting in 2022 under section 377(1A) of the Local Government Act 1993 and in the line with the Future City Assistance Fund Guidelines. |
For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,
Cr J Whitton
Against: Nil
Absent: Cr G Taylor, Cr S Romano
TRIM Reference: 2021/2481 |
RESOLVED - 21/431 Cr J Whitton/Cr J Hamling That the concept plan, cross sections and 3d images of the proposed Central Tablelands Ecosystems Park – NDR zone be noted.
|
For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,
Cr J Whitton
Against: Nil
Absent: Cr G Taylor, Cr S Romano
TRIM Reference: 2021/2511 |
That Council resolves to approve the amended fees and charges for the following: 1 Carle Sharpe Cricket Centre 2 Anson Street Out of School Hours Care (OSHC) if no submissions against these applications are received from the exhibition of them ending on 15 November 2021. If any submissions are received for either 1 or 2 above then the fees and charges for that venue will be brought back to the new Council in February/March 2022. |
AMENDMENT Cr R Kidd/Cr J Hamling That Council: 1 Withdraws item 1 Carle Sharpe Cricket Centre fees and charges to examine submissions received and the matter be brought back to council in February/ March 2022. 2 If no submissions are brought back for item 2 Anson Street Out of School Hours Care Council resolves to approve the amended fees and charges.
|
THE AMENDEMENT ON BEING PUT TO THE MEETING WAS CARRIED AND BECAME THE MOTION |
THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED |
RESOLVED - 21/432 Cr R Kidd/Cr J Hamling That Council: 1 Withdraws item 1 Carle Sharpe Cricket Centre fees and charges to examine submissions received and the matter be brought back to council in February/ March 2022. 2 If no submissions are brought back for item 2 Anson Street Out of School Hours Care Council resolves to approve the amended fees and charges. |
For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,
Cr J Whitton
Against: Nil
Absent: Cr G Taylor, Cr S Romano
The Chief Executive Officer pointed out that the original Recommendation stated “if there were no submissions” and Council has now received 2 submissions on this Carle Sharpe Cricket Centre Fees matter.
TRIM Reference: 2021/2512 |
RESOLVED - 21/433 Cr J Hamling/Cr S Nugent That Council waive the S64 Fees payable by Orange Waratahs Sports Club Limited for DA 114/2016(3) for the construction of public toilets and change room in the amount of $20,394.23 ex GST.
|
For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,
Cr J Whitton
Against: Nil
Absent: Cr G Taylor, Cr S Romano
TRIM Reference: 2021/2253 |
RESOLVED - 21/434 Cr R Kidd/Cr K Duffy That Council note the report on State and Federal Government funding received during the current Council Term 2017 – November 2021.
|
For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,
Cr J Whitton
Against: Nil
Absent: Cr G Taylor, Cr S Romano
5.13 Reallocation of Funding For Cricket Field of Play Fencing TRIM Reference: 2021/2445 |
MOTION Cr J Hamling/Cr T Mileto That funding for installation of a picket fence at the Spring Hill Cricket Ground be reallocated to installation of a picket fence at Riawena Oval. |
AMENDMENT Cr R Kidd/Cr S Munro That this item be deferred so the Mayor can discuss with the Chief Executive Officer and a report to come back to the Council meeting of 16 November 2021 for discussion. Resolution of allocation of funds for the fencing to be decided by the new Council in February 2022. |
THE AMENDMENT ON BEING PUT TO THE MEETING WAS CARRIED AND BECAME THE MOTION |
THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED |
RESOLVED - 21/435 Cr R Kidd/Cr S Munro That this item be deferred so the Mayor can discuss with the Chief Executive Officer and a report to come back to the Council meeting of 16 November 2021 for discussion. Resolution of allocation of funds for the fencing to be decided by the new Council in February 2022. |
For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,
Cr J Whitton
Against: Nil
Absent: Cr G Taylor, Cr S Romano
Cr Hamling asked how much would it cost to build the picket fence
The Director Community Recreation and Cultural Services responded by saying it was $104,000 and this would be the same for Riawena Oval
Cr Hamling asked why did the Spring Hill people not want the picket fence
The Director Community Recreation and Cultural Services responded by saying he did not know
Cr Hamling commented that he thought if there were monies left over from Riawena Oval maybe these funds could be used for lighting on Jack Brabham Oval
Cr Mileto asked the question is there money in the budget to complete lighting at Jack Brabham Oval
The Director Community Recreation and Cultural Services responded by saying that there is no budget item for the lights in this year’s budget
The Chief Executive Officer confirmed that this was correct
The Chief Executive Officer informed the meeting that Council had received a submission regarding Item 6.1 – Small Donations Program 2021/2022 - Reconsideration of Deferred Request for Financial Assistance from Round 2 - Darryl Hair of Orange Community Broadcasters Group sent an email addressed to the Chief Executive Officer – noting item 6.1 to be considered in Closed Council and also noted that their application had no valid reason to be considered in Closed Council and that it be removed and placed into Open Council. It is up to Council to resolve to discuss in Open or Closed Council.
RESOLVED - 21/436 Cr S Nugent/Cr S Munro That Council discuss Item 6.1 – Small Donations Program 2021/2022 - Reconsideration of Deferred Request for Financial Assistance from Round 2 in open Council. |
For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,
Cr J Whitton
Against: Nil
Absent: Cr G Taylor, Cr S Romano
6.1 Small Donations Program 2021/2022 - Reconsideration of Deferred Request for Financial Assistance from Round 2 TRIM Reference: 2021/2169 |
RESOLVED - 21/437 Cr R Kidd/Cr S Munro That a donation of $2,500.00 be made from the Small Donations Program to Orange Community Broadcasters Ltd for Equipment Purchase (for assisting to provide a Community Service (community broadcasting)). |
For: Cr R Kidd, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner, Cr J Whitton
Against: Cr K Duffy
Absent: Cr G Taylor, Cr S Romano
Cr Mileto asked is there any reason why we shouldn’t be supporting the grant application and on what grounds
The Chief Executive Officer commented that the original recommendation was for the donation to be made, there was no objection from staff
Cr Whitton asked what due diligence do we do on the donation – do we get a receipt
The Chief Executive Officer responded saying that Council would acquittal of the monies
Cr Duffy asked what is the rental of this property and what would it be worth per week in the market
The Chief Executive Officer said that generally speaking the space occupied by Community Broadcasters would rent for approximately $660 - $800 per week
The Director of Corporate and Commercial Services commented that it would be leased for less than $500 when looking at our Commercial leasing arrangements
Cr Duffy asked is what they are asking for necessary
The Director of Corporate and Commercial Services commented that it was a necessary piece of equipment
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 further 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.
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 THIS ITEM WAS RESOLVED TO BE DISCUSSED IN OPEN COUNCIL Small Donations Program 2021/2022 - Reconsideration of Deferred Request for Financial Assistance from Round 2 6.2 Lease clubhouse at Moulder Park 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 Lease - Orange Regional Museum Cafe 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 Acquisition Part Lot 193 DP 756899 Stage 4 Southern Feeder Road 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. 6.5 Tender - Construction of the Southern Feeder Road Stage 4 and Shiralee Collector Road Stage 5 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. 6.6 Proposed sale 94 Woodward Street - Lots 12 and 13 DP 1248554 and Lot 4 Section 1 DP 6662 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 Submission Redactions November 2021 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 9.50pm.
The Mayor declared the Ordinary Meeting of Council resumed at 9.58pm.
7 Resolutions from Closed Meeting
The Chief Executive Officer read out the following resolutions made in the Closed Meeting of Council.
TRIM Reference: 2021/2353 |
RESOLVED - 21/438 Cr S Munro/Cr J Whitton 1 The Council proceed to enter into a lease of the former netball building with the Orange Local Aboriginal Land Council. 2 That permission be granted for the use of the common seal on all necessary documentation in relation to the lease. |
For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,
Cr J Whitton
Against: Nil
Absent: Cr G Taylor, Cr S Romano
TRIM Reference: 2021/2426 |
RESOLVED - 21/439 Cr J Hamling/Cr J Whitton 1 That Council resolves to adopt lease option 2. 2 That permission be granted for the use of the Council Seal on all relevant documents. |
For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,
Cr J Whitton
Against: Nil
Absent: Cr G Taylor, Cr S Romano
TRIM Reference: 2021/2427 |
RESOLVED - 21/440 Cr S Nugent/Cr J Whitton That Council resolves: 1 That Council acquire approximately 477.1 m2 of Lot 193 DP 756899 under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991. 2 That the Chief Executive Officer be authorised to finalise the acquisition. 3 That permission be granted for the use of the Council Seal on any document if required. |
For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,
Cr J Whitton
Against: Nil
Absent: Cr G Taylor, Cr S Romano
TRIM Reference: 2021/2449 |
RESOLVED - 21/441 Cr S Munro/Cr J Hamling 1 That Council declines to accept any tender for the Construction of the Southern Feeder Road Stage 4 and Shiralee Collector Road Stage 5 – F3718, as a result of all tender submissions exceeding the available funds for this project and all submissions containing qualifications and non-conformances. 2 That Council enters into negotiations with each of the contractors that attended the pre-tender meeting with a view to revising the project scope and risk to achieve cost savings to deliver the Southern Feeder Road Stage 4 and Shiralee Collector Road Stage 5 in part or in full. 3 That Council explores additional funding that may be able to address any shortfall in the construction of the Southern Feeder Road Stage 4. |
For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,
Cr J Whitton
Against: Nil
Absent: Cr G Taylor, Cr S Romano
Cr Duffy asked Stage 5 be the roundabout at Escort Way/NDR and Ploughmans Lane?
Director Technical Services answered by saying that the stage 5 in the above recommendation is stage 5 of Shiralee Collector Road and not the Southern Feeder Road. There is a standing order to start from the NDR/Escort Way end after completion of the SFR through to the Pinnacle Rd.
TRIM Reference: 2021/2455 |
RESOLVED - 21/442 Cr J Hamling/Cr R Kidd That Council resolves: 1 To subdivide 94 Woodward Street into three separate lots in the terms contained in this report. 2 To advertise the property for sale in the terms contained in this report. |
For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,
Cr J Whitton
Against: Nil
Absent: Cr G Taylor, Cr S Romano
TRIM Reference: 2021/2469 |
RESOLVED - 21/443 Cr S Nugent/Cr K Duffy That the information in this report be acknowledged.
|
For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,
Cr J Whitton
Against: Nil
Absent: Cr G Taylor, Cr S Romano
The Meeting Closed at 10.00pm.
This is Page Number 16 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 2 November 2021.