MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 16 November 2021
COMMENCING AT 5.30pm
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, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, A/Manager Corporate Governance, Gallery and Museum Director, Manager Engineering Services, Aquatic Centre Manager, Museum Manager, Manager Central West Libraries, Water & Sewer Strategic Manager, Manager Building Services, Community Services Manager, Water Treatment Manager, Manager Waste Services and Technical Support, Manager Information Technology, Manager Depot, Airport and Emergency Services, Works Manager, A/Manager Human Resources, Performing Arts and Venues Manager, Manager Building and Environment, Natural Resources Coordinator, Operations Manager, Chief Financial Officer, A/Executive Support Manager, Executive Support Administration Officer
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RESOLVED - 21/444 Cr K Duffy/Cr S Romano That the apologies be accepted from Cr G Taylor for the Council Meeting of Orange City Council on 16 November 2021. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Nugent, Cr Munro, Cr Mileto, Cr Romano, Cr Turner,
Cr Whitton
Against: Nil
Absent: Cr Taylor
1.2 LIVESTREAMING AND RECORDING
The Mayor advised that the meeting was being livestreamed and recorded.
BERNADETTE COLLINS OF THE SHALOM HOUSE OF PRAYER LED THE COUNCIL IN PRAYER
The Mayor paid tribute to the late Dennis Gregory and observed a minute’s silence.
The Mayor acknowledged the recent efforts of local resident Andrew Romano (Cr Romano’s son) chosen in the Western Force football team.
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
THERE WAS NO OPEN FORUM
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RESOLVED - 21/445 Cr J Hamling/Cr S Romano That the following late items be accepted: 2.1 Referendum on Number of Orange City Councillors 2.2 Waiving of Function Centre Fees – Funeral 5.10 Joint Regional Planning Panel – Orange Region Representative Extension |
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TRIM Reference: 2021/2701 |
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RESOLVED - 21/446 Cr R Kidd/Cr T Mileto That the information contained in this Mayoral Minute be acknowledged. That the matter of referendum on number of Orange City Councillors be put to the new council for consideration.
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For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Nugent, Cr Munro, Cr Mileto, Cr Romano, Cr Turner,
Cr Whitton
Against: Nil
Absent: Cr Taylor
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TRIM Reference: 2021/2702 |
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RESOLVED - 21/447 Cr T Mileto/Cr S Romano That the information contained in this Mayoral Minute be acknowledged. That the function centre fees be waived for Dennis Gregory’s funeral on Monday 22 November 2021.
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For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Nugent, Cr Munro, Cr Mileto, Cr Romano, Cr Turner,
Cr Whitton
Against: Nil
Absent: Cr Taylor
3 Confirmation of Minutes of Previous Meeting
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RESOLVED - 21/448 Cr S Nugent/Cr T Mileto That the Minutes of the Ordinary Meeting of Orange City Council held on 2 November 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 2 November 2021. |
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MATTER ARISING Cr T Mileto Cr Mileto made the following statement referring to the meeting of 02 November 2021: Mr Mayor, in relation to the Small Donations Program request for financial assistance made by the Orange Community Radio Station at the last council meeting, I had considered that there was no direct conflict of interest in regards to one of the candidates on my Election Ticket being a volunteer committee member of the station. I subsequently supported the application for funds to the radio station along with all of the other councillors. It has since been brought to my attention of a potential conflict of interest that had been suggested by another councillor. However, I stand by my original decision that there was no direct conflict of interest and in any event the candidate has subsequently resigned from the voluntary position, which was his intention to do so and not in any way related to the approval of the grant. Councillors will recall that when the matter was brought forward for the consideration of approval, that it was I who spoke strongly for the matter to be held and considered in open Council and not in closed Council as had previously been proposed.
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MATTER ARISING Cr S Munro Cr Munro made the following statement referring to the meeting of 02 November 2021: I’m sorry if there has been any confusion regarding a regarding last week’s meeting in regards to Item 6.6 – Proposed Sale of 94 Woodward Street on 2 November 2021 I’d like to make it absolutely clear that I have not sold or purchased any property for this Council, I am not in negotiations with anyone regarding the sale of any council land in saying this I have no pecuniary interest in any Council property’s. I had previously asked some questions regarding the property. I have written to the CEO David Waddell informing him while ever I am a councillor, I will not sell or purchase any property for this council. I would like to put my position on the public record, I understand that transparency is very important as a council and this is important to me to let the people of Orange know that I’m here to serve them. This statement is made to dispel any doubt in my commitment to my constraints. I’d like this statement recorded in tonight’s minutes please. |
Cr Duffy asked if this Council could move a rescission motion on Item 6.1 – Small Donations Program 2021/2022 – Reconsideration of Deferred Request for Financial Assistance from Round 2 from the 02 November 2021 meeting
The Chief Executive Officer responded by saying that as per the Code of Meeting Practice a rescission motion must be submitted to the CEO no later than 12pm on the proceeding day after the meeting at which the resolution was adopted. If a rescission motion was raised now it would be invalid.
Cr Whitton commented that his understanding was that if there was additional information put forward in regards to the rescission motion it may be allowed
The Chief Executive Officer responded by saying that there is a timeframe in which he must receive the rescission motion in writing prior to the meeting it was to be raised
Cr Duffy commented that he would like a legal decision to be made on this matter
The Chief Executive Officer asked the Director of Corporate and Commercial Services if the donation had been paid to date
The Director of Corporate and Commercial Services commented that it was in the process of being paid but had not been receipted
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RESOLVED - 21/449 Cr K Duffy/Cr R Kidd That legal advice be sought in regard to the current Council bringing a rescission motion on Item 6.1 – Small Donations Program 2021/2022 – Reconsideration of Deferred Request for Financial Assistance from Round 2 from the 02 November 2021 meeting and monies held until such time as this advice is received. |
4 Notices of Motion/Notices of Rescission
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TRIM Reference: 2021/260 |
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RESOLVED - 21/450 Cr R Kidd/Cr J Hamling That the information provided in the report by the General Manager on the Term in Review be acknowledged. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Nugent, Cr Munro, Cr Mileto, Cr Romano, Cr Turner,
Cr Whitton
Against: Nil
Absent: Cr Taylor
The Chief Executive Officer advised the meeting that this document was produced as per Office of Local Government guidelines, and that a user friendly document that would be enhanced and circulated to all post-election.
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MATTER ARISING Cr R Kidd That the final copy of the Term in Review include a full picture of the current Council and senior staff. |
5 General Reports
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TRIM Reference: 2020/2580 |
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RESOLVED - 21/451 Cr S Nugent/Cr R Turner 1 That the resolutions made by the Planning and Development Committee at its meeting held on 2 November 2021 be noted. 2 That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 2 November 2021 be noted. 3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 2 November 2021 be noted. 4 That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 2 November 2021 be noted. 5 That the resolutions made by the Finance Policy Committee at its meeting held on 2 November 2021 be noted. 6 That the resolutions made by the Services Policy Committee at its meeting held on 2 November 2021 be noted.
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For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Nugent, Cr Munro, Cr Mileto, Cr Romano, Cr Turner,
Cr Whitton
Against: Nil
Absent: Cr Taylor
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TRIM Reference: 2021/2291 |
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RESOLVED - 21/452 Cr S Munro/Cr S Nugent That Council resolves funding for Round 2 (September 2021) Future City Assistance Fund as follows: That Council resolves: 1 To provide financial assistance of $1,805.00 (ex-GST) from the Future City Assistance Fund to the Greek Community of Orange and District (Refurbishment of Façade – 46 McNamara Street, Orange). 2 To provide financial assistance of $5,000.00 (ex GST) from the Future City Assistance Fund to 2nd Orange Scout Club (Refurbishment of Façade – 94 Kite Street, Orange). |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Nugent, Cr Munro, Cr Mileto, Cr Romano, Cr Turner,
Cr Whitton
Against: Nil
Absent: Cr Taylor
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TRIM Reference: 2021/2533 |
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RESOLVED - 21/453 Cr S Nugent/Cr S Munro That the information provided in the report on Annual Waste Diversion and Education Strategy Implementation-2020/2021 be acknowledged. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Nugent, Cr Munro, Cr Mileto, Cr Romano, Cr Turner,
Cr Whitton
Against: Nil
Absent: Cr Taylor
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TRIM Reference: 2021/2543 |
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RESOLVED - 21/454 Cr S Munro/Cr K Duffy That Council resolves to: 1 Place the following policy on public exhibition for a period of 28 days: ST032 – Orange Regional Gallery Collection Policy 2 Allow the Chief Executive Officer to approve under delegation if no submissions are received at the end of the exhibition period. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Nugent, Cr Munro, Cr Mileto, Cr Romano, Cr Turner,
Cr Whitton
Against: Nil
Absent: Cr Taylor
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TRIM Reference: 2021/2548 |
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RESOLVED - 21/455 Cr K Duffy/Cr S Munro That Council resolves: 1 To note the Statement of Investments as at 31 October 2021. 2 To adopt the certification of the Responsible Accounting Officer. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Nugent, Cr Munro, Cr Mileto, Cr Romano, Cr Turner,
Cr Whitton
Against: Nil
Absent: Cr Taylor
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TRIM Reference: 2021/2588 |
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RESOLVED - 21/456 Cr S Nugent/Cr K Duffy 1 That a donation of $1,000.00 be made from the Small Donations Program to Anglicare for Christmas Party 2021 for Children and Carers (Out-of-Home Care). |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Nugent, Cr Munro, Cr Mileto, Cr Romano, Cr Turner,
Cr Whitton
Against: Nil
Absent: Cr Taylor
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TRIM Reference: 2021/2589 |
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RESOLVED - 21/457 Cr J Whitton/Cr T Mileto 1 That Council delegates authority to the Chief Executive Officer to enter into an agreement with Service NSW to conduct the Service NSW for Business program. 2 That Council grants permission for any necessary documents needed to be authorised for execution under the Common Seal of Council. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Nugent, Cr Munro, Cr Mileto, Cr Romano, Cr Turner,
Cr Whitton
Against: Nil
Absent: Cr Taylor
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TRIM Reference: 2021/2592 |
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RESOLVED - 21/458 Cr R Turner/Cr J Hamling That Council approve the ongoing operation of the Australia Day Awards Committee until the new Council formally meets in February 2022. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Nugent, Cr Munro, Cr Mileto, Cr Romano, Cr Turner,
Cr Whitton
Against: Nil
Absent: Cr Taylor
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TRIM Reference: 2021/2653 |
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RESOLVED - 21/459 Cr S Munro/Cr T Mileto That the information contained in the report by Director Technical Services be acknowledged. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Nugent, Cr Munro, Cr Mileto, Cr Romano, Cr Turner,
Cr Whitton
Against: Nil
Absent: Cr Taylor
Cr Mileto asked now does Council treat asbestos when removed from Council premises, where does it go and how is it managed
The Director Technical Services advised that there is a code of practice for handling asbestos which Council follows, it is wetted down, double wrapped and disposed of at the Ophir Road Resource Recovery Centre, large amounts are deal with by contractors and a similar process is followed.
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TRIM Reference: 2021/2665 |
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RESOLVED - 21/460 Cr J Hamling/Cr S Nugent That Council resolves to extend the appointment of Councils representative on the Joint Regional Planning Panel, Mr Allan Renike, for 6 months (until 01 May 2022) as an interim measure until the matter can be reviewed in more detail after the local government elections. That staff commence an expression of interest process to seek interested members of the community to serve as local representatives on the JRPP with selections to be confirmed by Council as soon as practicable after the local government elections. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Nugent, Cr Munro, Cr Mileto, Cr Romano, Cr Turner,
Cr Whitton
Against: Nil
Absent: Cr Taylor
6 Closed Meeting
Nil
The Chief Executive Officer (CEO) addressed the meeting on behalf of staff and read a letter addressed to the Mayor from Tony and Laurie Leahey. The CEO thanked all Managers and their teams for their efforts over the past four years. He thanked all Councillors and the Mayor for their ambitious vision over this term and wished those that were running again best of luck. A gift was presented to each Councillor.
Each Councillor stood and spoke to the meeting thanking their fellow Councillors, CEO, Directors, Managers and all staff of Council for their hard work over this Term.
The Mayor reflected on his time at Council thanking the CEO and staff for their guidance and close working relationship during his 32 years as a Councillor. He expressed that he will be taking this time to spend with his family and take a long-awaited rest.
The Meeting Closed at 7.03pm.
This is Page Number 9 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 16 November 2021.