Ordinary Council Meeting
Agenda
3 March 2022
Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that an Ordinary meeting of ORANGE CITY COUNCIL will be held in the Council Chamber, Civic Centre, Byng Street, Orange on Thursday, 3 March 2022 commencing at 7.00pm.
David Waddell
Chief Executive Officer
For apologies please contact Administration on 6393 8106.
Council Meeting 3 March 2022
EVACUATION PROCEDURE
In the event of an emergency, the building may be evacuated. You will be required to vacate the building by the rear entrance and gather at the breezeway between the Library and Art Gallery buildings. This is Council's designated emergency muster point.
Under no circumstances is anyone permitted to re-enter the building until the all clear has been given and the area deemed safe by authorised personnel.
In the event of an evacuation, a member of Council staff will assist any member of the public with a disability to vacate the building.
1.1 Apologies and Leave of Absence
1.2 Livestreaming and Recording
1.4 Acknowledgement of Country
3 Confirmation of Minutes of Previous Meeting
3.1 Minutes of the Ordinary Meeting of Orange City Council held on 15 February 2022
COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE POLICY COMMITTEES
Planning and Development - Chaired by Cr Jeff Whitton
Employment and Economic Development – NO ITEMS.
Infrastructure - Chaired by Cr Jack Evans
Sport and Recreation – NO ITEMS
Environmental Sustainability - Chaired by Cr David Mallard
Finance - Chaired by Cr Kevin Duffy
4 Notices of Motion/Notices of Rescission
4.1 Notice of Motion - Dylan Alcott
5.1 Reallocation of Funding For Cricket Field of Play Fencing
5.2 Policy Committee Draft Charters
5.3 Community Committee Draft Charters
6 Closed Meeting - See Closed Agenda
6.1 Submission Redactions February 2022
7 Resolutions from closed meeting
1 Introduction
1.1 Apologies and Leave of Absence
1.2 Livestreaming and Recording
This Council Meeting is being livestreamed and recorded. By speaking at the Council Meeting you agree to being livestreamed and recorded. Please ensure that if and when you speak at this Council Meeting that you ensure you are respectful to others and use appropriate language at all times. Orange City Council accepts no liability for any defamatory or offensive remarks or gestures made during the course of this Council Meeting. A recording will be made for administrative purposes and will be available to Councillors.
1.4 Acknowledgement of Country
1.5 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
The provisions of Chapter 14 of the Local Government Act, 1993 (the Act) regulate the way in which Councillors and designated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public role.
The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest must be disclosed as soon as practicable after the start of the meeting and the reasons given for declaring such interest.
As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussion or voting on that matter, and requires that member to vacate the Chamber.
Council’s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code of Conduct also provides for a number of ways in which a member may manage non pecuniary conflicts of interest.
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Recommendation It is recommended that Councillors now disclose any conflicts of interest in matters under consideration by the Council at this meeting.
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3 Confirmation of Minutes of Previous Meeting
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RECOMMENDATION That the Minutes of the Ordinary Meeting of Orange City Council held on 15 February 2022 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate records of the proceedings of the Council meeting held on 15 February 2022. |
Attachments
1 Minutes of the Ordinary Meeting of Orange City Council held on 15 February 2022
ORANGE CITY COUNCIL
MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 15 February 2022
COMMENCING AT 7.00pm
Attendance
Cr J Hamling (Mayor), Cr K Duffy, Cr J Evans, Cr G Floyd, Cr T Greenhalgh, Cr F Kinghorne, Cr D Mallard, Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power (Deputy Mayor), Cr J Whitton (via Zoom)
Chief Executive Officer, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Chief Financial Officer, A/Manager Corporate Governance, Chief Financial Officer, A/Executive Support Manager, Executive Support Admin Officer
Nil
RESOLVED - 22/012 Cr K Duffy/Cr T Mileto
That Cr Whitton be granted permission to attend this Council meeting via Zoom because of work commitments.
For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr T Greenhalgh, Cr F Kinghorne,
Cr D Mallard, Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Nil
The Mayor advised that the meeting was being livestreamed and recorded.
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 Kinghorne declared a non-significant, pecuniary interest in Item 5.5 Development Application DA437/2021(1) - Wentworth Golf Club - 130 Ploughmans Lane, as her husband’s company has done geotechnical work for this development application and will leave the chamber and not vote on this item.
Cr Greenhalgh declared a pecuniary interest in Item 5.5 Development Application DA437/2021(1) - Wentworth Golf Club - 130 Ploughmans Lane, as the Orange Ex-Services Club is an influential account that Cr Greenhalgh calls upon as part of her employment in the hospitality industry they are also a major sponsor of the Bloomfield Junior Rugby League Football Club which she holds the position of Secretary and Sponsorship Coordinator and she has been a personal family friend of the new CEO for over 20 years and will leave the Chamber and not vote on this item.
Cr Mileto declared a non-significant, non-pecuniary interest in Item 5.5 Development Application DA437/2021(1) - Wentworth Golf Club - 130 Ploughmans Lane, as he is a member of Orange Ex-Services Club and a member of Wentworth Golf Club and will remain in the Chamber and vote on this item.
Cr Mallard declared a non-significant, non-pecuniary interest in Item 5.5 Development Application DA437/2021(1) - Wentworth Golf Club - 130 Ploughmans Lane, as he is a member of Orange Ex-Services Club and will remain in the Chamber and vote on this item.
Cr Evans declared non-significant, non-pecuniary interest in Item 5.5 Development Application DA437/2021(1) - Wentworth Golf Club - 130 Ploughmans Lane, as he is a member of Orange Ex-Services Club and will remain in the Chamber and vote on this item.
Cr Evans declared a non-significant, non-pecuniary interest in Item 5.2 Confirmation of Community Committee Framework and Councillor Membership, as he is the President of the Orange Business Chamber (will leave the Chamber and not vote on this item), a member of Business HQ (will remain in the Chamber and vote on this item) and a member of Orange 360 (will remain in the Chamber and vote on this item).
Cr Peterson declared a non-significant, non-pecuniary interest in Item 5.5 Development Application DA437/2021(1) - Wentworth Golf Club - 130 Ploughmans Lane, as he is a member of Orange Ex-Services Club and will remain in the Chamber and vote on this item.
Cr Power declared a non-significant, non-pecuniary interest in Item 5.5 Development Application DA437/2021(1) - Wentworth Golf Club - 130 Ploughmans Lane, as he is a member of Orange Ex-Services Club and will remain in the Chamber and vote on this item.
Cr Power declared a non-significant, non-pecuniary interest in Item 5.2 Confirmation of Community Committee Framework and Councillor Membership, as he is a member of Orange 360 and will remain in the Chamber and vote on this item.
Cr Floyd declared a non-significant, non-pecuniary interest in Item 5.5 Development Application DA437/2021(1) - Wentworth Golf Club - 130 Ploughmans Lane, as he is a member of Orange Ex-Services Club and will remain in the Chamber and vote on this item.
Cr Hamling declared a non-significant, non-pecuniary interest in Item 5.2 Confirmation of Community Committee Framework and Councillor Membership, as his private business is a member of Orange360 and will remain in the Chamber and vote on this item.
Mayoral Minutes
Nil
3 Confirmation of Minutes of Previous Meeting
For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr T Greenhalgh, Cr F Kinghorne,
Cr D Mallard, Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Nil
MATTER ARISING
For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr T Greenhalgh, Cr F Kinghorne,
Cr D Mallard, Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Nil
4 Notices of Motion/Notices of Rescission
Nil
5 General Reports
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RESOLVED - 22/016 Cr J Whitton/Cr K Duffy That the method of voting for the election of Policy Committee Chairperson(s) be open ballot (show of hands) |
For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr T Greenhalgh, Cr F Kinghorne,
Cr D Mallard, Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Nil
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RESOLVED - 22/017 Cr D Mallard/Cr S Peterson That the Chief Executive Officer, acting as Returning Officer, conduct the election for the Policy Committee Chairperson(s). |
For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr T Greenhalgh, Cr F Kinghorne,
Cr D Mallard, Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Nil
For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr T Greenhalgh, Cr F Kinghorne,
Cr D Mallard, Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Nil
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RESOLVED - 22/020 Cr K Duffy/Cr F Kinghorne That the Chief Executive Officer, acting as Returning Officer, conduct the election for the Community Committee representation and Chairperson(s). |
For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr T Greenhalgh, Cr F Kinghorne,
Cr D Mallard, Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Nil
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RESOLVED - 22/022 Cr D Mallard/Cr J Evans That Council seek expressions of interest from community members and relevant agencies/organisations to join a Community Committee, based on the draft Charter for each Committee. |
For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr T Greenhalgh, Cr F Kinghorne,
Cr D Mallard, Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Nil
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RESOLVED - 22/023 Cr M McDonell/Cr T Greenhalgh That the following Councillors were elected as representatives on the following external bodies a City of Orange Traffic Committee Cr T Mileto (Chair), Cr M McDonell (alt) b Orange Rail Action Group Cr J Evans, Cr M McDonell, Cr F Kinghorne c Joint Regional Planning Panel Cr J Whitton, Cr K Duffy (alt) d Business Enterprise Centre – Cr G Power e Association of Mining Related Councils Mayor, Cr K Duffy, Cr J Whitton (alt) f Business Orange (Orange Business Chamber) Cr F Kinghorne g TDO Limited Mayor, CEO, Cr G Power h Central NSW Joint Organisation (CNSWJO) Mayor, CEO, Cr K Duffy (alt) i Orange Regional Arts Foundation Cr M McDonell j Ronald McDonald House Board Cr J Hamling k Civic Risk Members Assembly CEO, CFO (alt), Cr K Duffy
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For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr T Greenhalgh, Cr F Kinghorne,
Cr D Mallard, Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Cr Evans (for voting on Business Orange representation and Chair)
Cr Kinghorne asked if any Councillor could attend any Community Committee meeting
The Chief Executive Officer responded by saying yes any Councillor was welcome to attend any Community Committee meeting
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TRIM Reference: 2021/2750 |
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RESOLVED 22/024 Cr T Mileto/Cr K Duffy That Council resolves: 1 To note the Statement of Investments as at 30 November 2021. 2 To adopt the certification of the Responsible Accounting Officer.
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For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr T Greenhalgh, Cr F Kinghorne,
Cr D Mallard, Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Nil
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TRIM Reference: 2022/109 |
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RESOLVED 22/025 Cr K Duffy/Cr M McDonell That Council resolves: 1 That the information provided in the report on the quarterly budget for October 2021 to December 2021 be acknowledged. 2 The bank reconciliation statement be acknowledged. 3 To adopt favourable variations in the consolidated overall cost to council arising from the December 2021 quarterly review amounting to $212,503
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For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr T Greenhalgh, Cr F Kinghorne,
Cr D Mallard, Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Nil
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TRIM Reference: 2022/42 |
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Cr Kinghorne declared a non-significant, pecuniary interest in this item as her husband’s company has done geotechnical work for this development application and left the Chamber and did not vote on this item.
Cr Greenhalgh declared a pecuniary interest in this item as the Orange Ex-Services Club is an influential account that Cr Greenhalgh calls upon as part of her employment in the hospitality industry they are also a major sponsor of the Bloomfield Junior Rugby League Football Club which she holds the position of Secretary and Sponsorship Coordinator and she has been a personal family friend of the new CEO for over 20 years and left the Chamber and did not vote on this item.
Cr Mileto declared a non-significant, non-pecuniary interest in this item as he is a member of Orange Ex-Services Club and a member of Wentworth Golf Club and will remain in the Chamber and vote on this item.
Cr Mallard declared a non-significant, non-pecuniary interest in this item as he is a member of Orange Ex-Services Club and will remain in the Chamber and vote on this item.
Cr Evans declared non-significant, non-pecuniary interest in this item as he is a member of Orange Ex-Services Club and will remain in the Chamber and vote on this item.
Cr Peterson declared a non-significant, non-pecuniary interest in this item as he is a member of Orange Ex-Services Club and will remain in the Chamber and vote on this item.
Cr Power declared a non-significant, non-pecuniary interest in this item as he is a member of Orange Ex-Services Club and will remain in the Chamber and vote on this item.
Cr Floyd declared a non-significant, non-pecuniary interest in this item as he is a member of Orange Ex-Services Club and will remain in the Chamber and vote on this item. |
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RESOLVED 22/026 Cr J Whitton/Cr J Evans That Council consents to development application DA 437/2021(1) for Demolition (existing pro-shop, gazebo and tree removal) and Registered Club (new club building with ancillary pro-shop, cart store, cafe and car parking) at Lot 199 DP 756899 and Lot 181 DP 1154782 - 130 Ploughmans Lane, Orange, pursuant to the conditions of consent in the attached Notice of Approval.
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Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr D Mallard, Cr M McDonell, Cr T Mileto,
Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Cr T Greenhalgh, Cr F Kinghorne
Cr Floyd commented that the impact of lighting on nearby residents needs to be considered
The Director Development Services commented that condition 38 is standard condition that speaks to lighting and is an Australian standard that requires shielding and light levels.
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TRIM Reference: 2022/82 |
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MOTION Cr K Duffy/Cr J Whitton That Council: 1 Support in writing the TfNSW submission proposal for the reclassification of the following roads:
2 Endorse the proposed initiatives as detailed in Table 1 of the report as Council’s submission to the independent panel.
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AMENDMENT Cr T Mileto/Cr K Duffy That Council: 1 Support in writing the TfNSW submission proposal for the reclassification of the following roads:
2 Endorse the proposed initiatives as detailed in Table 2 of the report as Council’s submission to the independent panel. The amendment on being put to the meeting was carried and became the motion. The motion on being put to the meeting was carried. |
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RESOLVED - 22/027 Cr T Mileto/Cr K Duffy That Council: 1 Support in writing the TfNSW submission proposal for the reclassification of the following roads:
2 Endorse the proposed initiatives as detailed in Table 2 of the report as Council’s submission to the independent panel. |
For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr T Greenhalgh, Cr F Kinghorne,
Cr D Mallard, Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Nil
At the request of Cr Duffy, the Director Technical Services gave an overview of this report
Cr Duffy asked for confirmation that the areas marked in pink on the diagram were going to State Government, the blue and green were coming back under Council’s control
Director Technical Services responded by saying yes that is correct
Cr McDonell asked when the State Government takes over the Northern Distributor Road how will that impact the North Orange, Telopea way possible roundabout construction, will Council need to lobby the State Government to do works in that area
Director Technical Services answered by saying that Council will still have control, Council has local roads that feed into that area but ultimately decision rests with State Government. Council has a Works Authorisation Deed which means Council can perform works on that intersection under this Deed
Cr Mileto asked if the State Government take over the Northern Distributor Road when would Council expect to see improvements to this road
Director Technical Services answered by saying there was no definitive date on takeover, there is a process involved and while that is ongoing we will maintain the service of the road
Cr Mileto asked with regards to the road and work not undertaken by Orange City Council is there warranty on that work (ie. on the southern side of NDR)
Director Technical Services commented that all works undertaken previous to the past 4 years would be beyond the statutes of limitations under those contracts, this is normally 5 years
Cr Floyd asked when the State Government takes over roads like the Northern Distributor Road are they responsible for clearing edges of roads, drainage etc or does this fall back to Council
Director Technical Services commented that it was different in different areas – rural areas they are responsible from fence to fence, urban areas Council is responsible for fog line out, they don’t maintain parking lanes as such
Cr Peterson asked with the Southern Feeder Road that is currently being built, is that going to be State Government road, what is the process for that
Director Technical Services – Table 2 is what we are proposing as our next stage of this process, it is the second part of the road re-classification review and we are asking Councillors to endorse Table 2 as we are putting forward that section of the SFR that Council has not built yet because it will form the link from Anson St through to Shiralee Rd and from Shiralee Rd connecting onto Woodward Street, so the SFR including the first section completed (Mitchell Hwy to Forest Road – also a regional road) will be part of it and the section from Forest Rd to Woodward St and Coronation Drive is being nominated in Table 2 as a regional road and would form part of Council’s submission to the State
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MATTER ARISING Cr J Whitton/Cr K Duffy That a report be brought back to Council detailing the process of renaming the Northern Distributor Road after the late Cr Glenn Taylor. |
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That Council invite the Deputy Premier, Minister for Regional NSW, Minister for Police, Paul Toole to Orange to meet with Council. |
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.
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RESOLVED - 22/028 Cr T Mileto/Cr J Whitton 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 Acquisition Part Lot 2 DP 558405 Shiralee 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. 6.2 Proposed Acquisition Part Lot 6 DP 270635 Industry Drive 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 Acquisition Part Lot 194 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. 6.4 Lease Hangar Site G Orange Airport 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 (a) personnel matters concerning particular individuals (other than councillors) and (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 Entering into Contracts for Linemarking Services 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. |
The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 8.25pm.
The Mayor declared the Ordinary Meeting of Council resumed at 8.33pm.
7 Resolutions from Closed Meeting
The Chief Executive Officer read out the following resolutions made in the Closed Meeting of Council.
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TRIM Reference: 2022/15 |
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RESOLVED - 22/029 Cr K Duffy/Cr T Mileto 1 That Council acquire approximately 316 m2 of Lot 2 DP 558405 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.
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For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr T Greenhalgh, Cr F Kinghorne,
Cr D Mallard, Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Nil
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TRIM Reference: 2022/16 |
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RESOLVED - 22/030 Cr T Mileto/Cr K Duffy 1 That Council acquire approximately 323 m2 of Lot 6 DP 270635 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.
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For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr T Greenhalgh, Cr F Kinghorne,
Cr D Mallard, Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Nil
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TRIM Reference: 2022/45 |
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RESOLVED - 22/031 Cr K Duffy/Cr G Floyd That Council resolves: 1 That Council acquire approximately 1710 m2 of Lot 194 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.
NOTE: At this Council Meeting of 15 February 2022 Closed Item 6.3 the metres to be acquired by Council was incorrectly stated in the Recommendation 1 as 1.710 m2, metres stated in the report were correct at 1710m2. This resolution reflects the correct metres to be acquired of 1710m2. |
For: Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr T Greenhalgh, Cr F Kinghorne,
Cr D Mallard, Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Nil
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TRIM Reference: 2022/85 |
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RESOLVED - 22/032 Cr S Peterson/Cr T Greenhalgh That Council resolves: 1 To enter into a lease of Hangar Site G at Orange Airport for a term of 5 years plus 1, 5 year option. 2 That approval be granted for the use of the Council Seal on all relevant documents.
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Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr T Greenhalgh, Cr F Kinghorne,
Cr D Mallard, Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Nil
Cr Mileto asked for clarification on this report
Director Corporate and Commercial Services responded by saying there were discussions with the current lessee of the hangar about the renewal of the lease. Legal advice was sought as part of the process which was resolved and the lessee agreed to pay for a new lease.
Cr Mileto asked if the issue of outstanding rent was resolved
Director Corporate and Commercial Services responded by saying yes the matter of outstanding rent was resolved.
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TRIM Reference: 2022/114 |
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RESOLVED - 22/033 Cr K Duffy/Cr D Mallard That Council resolves to: 1 Approve the establishment of a new Line-Marking Services Panel under the Council’s Purchasing Policy; 2 Approve the Chief Executive Officer, or his nominee, to enter into a standard contract with Avante Linemarking, Central West Linemarking, Complete Linemarking Services and Oz Linemarking for linemarking services 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.
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Cr J Hamling, Cr K Duffy, Cr J Evans, Cr G Floyd, Cr T Greenhalgh, Cr F Kinghorne,
Cr D Mallard, Cr M McDonell, Cr T Mileto, Cr S Peterson, Cr G Power , Cr J Whitton
Against: Nil
Absent: Nil
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That the audio in the Council Chamber be reviewed as meeting attendees attending via Zoom or the community listening via Livestream have difficulty hearing every speaker. |
Director Corporate and Commercial Services commented that staff were currently looking at the technical issues of the Chamber audio and the associated challenges with Zoom and livestreaming. Solutions were being explored and a resolution found in the near future.
The Meeting Closed at 8.35pm.
This is Page Number 23 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 15 February 2022.
COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE POLICY COMMITTEES
Planning and Development - Chaired by Cr Jeff Whitton
Employment and Economic Development – NO ITEMS
Infrastructure - Chaired by Cr Jack Evans
Sport and Recreation – NO ITEMS
Environmental Sustainability - Chaired by Cr David Mallard
Finance - Chaired by Cr Kevin Duffy
Services – NO ITEMS
4 Notices of Motion/Notices of Rescission
RECORD NUMBER: 2022/231
I, CR Steven Peterson wish to move the following Notice of Motion at the Council Meeting of 3 March 2022:
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That Dylan Alcott OAM be invited to attend a community event within Orange.
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Background
I would like Council’s support in inviting Dylan Alcott OAM, 2022 Australian of the Year, former Australian wheelchair tennis player, wheelchair basketball player, media host and motivational speaker to attend Orange for the purpose of attending a community event. This would result in good publicity and an opportunity to fundraise for a worthy cause. As a Councillor, I would be very happy to approach an appropriate community sporting group or disability group to be involved.
Monetary value would likely be the cost his transport and accommodation. Should the event prove to be a fundraiser, perhaps the cost could be taken out of the money raised, or alternatively some of those costs may be covered by the Federal Government should it be an event which could relate to his Australian of the Year Duty.
Signed Cr Steven Peterson
STAFF COMMENT
Should Council resolve to proceed, staff will be happy to assist by exploring relevant opportunities further and facilitate the visit by Mr Alcott AO.
Financial Implications
To be determined.
POLICY AND GOVERNANCE IMPLICATIONS
Nil
RECORD NUMBER: 2021/2682
AUTHOR: Scott Maunder, Director Community, Recreation and Cultural Services
EXECUTIVE Summary
This report seeks Council’s approval to reallocate funding originally allocated for the installation of a picket fence at Spring Hill Cricket Oval (Recreation Ground) to Riawena Oval.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “1.1 Live - Engage with the community to ensure recreation opportunities and facilities meet changing needs”.
Financial Implications
Nil
Policy and Governance Implications
Nil
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That funding for installation of a picket fence at the Spring Hill Recreation Ground be reallocated to installation of a picket fence at Riawena Oval. |
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
Following the Council Meeting of 2 November 2021 further information on the procurement process is provided.
· Council originally allocated $100,000 in its 2021/22 Delivery Operational Plan for the installation of a picket fence at Spring Hill Cricket Oval within the Spring Hill Recreation Ground.
· On 5 June 2021 Council received a request to allow the Spring Hill Showground Trust to manage the project and to also appoint local contractors to erect the fence.
· Council advised that the allocation in the budget was not a grant to the Recreation Ground Trust nor was it an allocation to the Spring Hill Community Committee. Rather it was an allocation in the budget to install a picket fence at the cricket oval within the Showground. It is a specific project requiring specific skills and materials.
· Director of Community Recreation and Cultural Services further advised Council would work through its local government processes and requirements under the Local Government Act and relevant procurement requirements. Local fencing entities would be able to submit their quotes for the work to meet the specifications and be considered under that process.
· Following an onsite meeting between Staff and Council where several topics were discussed, Council was provided with 3 quotes obtained by the Spring Hill Recreation Ground Trust on 12 July 2021 for the conduct of the fencing from local contractors together with a request to escalate the works and meet with Councillors to progress works prior to Council going into caretaker mode.
· The quotes provided were not for the specified product which was specified as a recycled plastic product (which is used at Wade Park) and has many advantages in maintenance over natural products.
· A copy of the specification was provided to the Spring Hill Recreation Ground Trust together with advice that local suppliers were welcome to quote under that process. The Trust was also advised that caretaker was not an issue as the allocation in the budget had been adopted by Council and the value was under the caretaker threshold amount.
· An open procurement process was then conducted by Council which saw the request for quotation documents opened by 6 contractors, downloaded by 4 contractors and quotations submitted from 2 contractors.
· Council considered the quotes received from the two contractors under this process and considered the three quotes provided earlier from the Spring Hill Trust (none of whom requoted under the procurement process).
· Based on the quotes received Council selected a contractor and awarded the works.
· The successful contractor conducted a detailed review of the project and placed an order for the supply of the materials required to construct the fence.
· The lead time for the delivery of product was estimated to be 10 to 12 weeks.
· Council was then advised by the Spring Hill Recreation Ground Trust that they declined Orange City Council’s offer for the construction of the recycled plastic picket fence around the cricket oval.
· On 22 December 2021 an announcement was made by the Orange NSW Government Local Member, Phil Donato that the Spring Hill Recreation Ground Trust was successful in its application for funding from the NSW Government for the installation of a steel fence at the Spring Hill Cricket Ground.
· The Spring Hill Recreation Ground is not under the direct control of Council and is managed by The Spring Hill Recreation Ground Trust until it transfers to Council’s control under the Aboriginal Land Agreement.
ALTERNATIVE LOCATION
Riawena Oval has been selected as an alternative site as it is the highest utilised facility and premier turf wicket location after Wade Park.
The installation of a picket fence at Riawena Oval will see it being a benefit to the Orange Community daily using the facility, as a cricket venue, leash free area and community recreation space. Riawena Oval is also the location for state level competition events and will greatly increase the presentation of the oval.
Works can be conducted in conjunction with conduct of cricket fixtures and will not impact on its use for that purpose. The estimated time to construct will be 3 weeks.
RECORD NUMBER: 2022/176
AUTHOR: Catherine Davis, Acting Manager Corporate Governance
EXECUTIVE Summary
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “17.1 Collaborate - Provide representative, responsible and accountable community governance”.
Financial Implications
Nil
Policy and Governance Implications
Council delegates its authority to the Policy Committees to determine a range of matters, except where a resolution would cause expenditure outside Council’s adopted Delivery/Operational Plan.
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That Council adopt the Charters for each Policy Committee consisting of Planning and Development, Employment and Economic Development, Environmental Sustainability, Sport and Recreation, Infrastructure, Finance and Services. |
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
The attached Policy Committee Charters have been taken from the existing Charters of the last term of Council.
The table below displays the structure of how Community Committees report through to Policy Committees.
Policy and Community Committee Structure established by the previous Council
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Policy Committees (comprised all Councillors only) |
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Employment and Economic Development |
Finance |
Services |
Infrastructure |
Sport and Recreation |
Environmental Sustainability |
Planning and Development |
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Community Committees reporting to the Policy Committees – Members include Councillors and members of the public |
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Economic Development Orange Health Liaison Sister Cities |
Audit and Risk Management |
Spring Hill Lucknow Clifton Grove Ageing and Access Cultural Heritage Community Safety and Crime Prevention NAIDOC Week Orange Regional Museum Orange Conservatorium and Planetarium |
City of Orange Traffic (**statutory committee) Floodplain Management Orange and Cabonne Road Safety Orange Airport |
Sport and Recreation incl. Bicycling Orange Showground Australia Day
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Companion Animals Tidy Towns Environmental Sustainability Parks, Trees and Waterways |
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1 Planning and Development Policy Committee Charter 2022 - Draft, D22/9170⇩
2 Infrastructure Policy Committee Charter 2022 - Draft, D22/9169⇩
3 Employment and Economic Development Policy Committee Charter 2022 - Draft, D22/9171⇩
4 Environmental Sustainability Policy Committee Charter 2022 - Draft, D22/9173⇩
5 Sport and Recreation Policy Committee Charter 2022 - Draft, D22/9172⇩
6 Finance Policy Committee Charter 2022 - Draft, D22/9174⇩
7 Services Policy Committee Charter 2022 - Draft, D22/9175⇩
Attachment 1 Planning and Development Policy Committee Charter 2022 - Draft
Attachment 3 Employment and Economic Development Policy Committee Charter 2022 - Draft
Attachment 4 Environmental Sustainability Policy Committee Charter 2022 - Draft
Attachment 5 Sport and Recreation Policy Committee Charter 2022 - Draft
RECORD NUMBER: 2022/216
AUTHOR: Catherine Davis, Acting Manager Corporate Governance
EXECUTIVE Summary
Seeking Council’s adoption of the Charters for each Community Committee as resolved on the 15 February 2022 Council meeting.
Once adopted these Charters will be provided to each Community Committee for consideration and endorsement.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “14.3 Collaborate - Provide opportunities for widespread and quality engagement, and where appropriate, shared decision-making.”.
Financial Implications
Nil
Policy and Governance Implications
Community Committee Charters provide the Governance structure for the operation on each Community Committee.
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That Council adopt the Charters for each of the Community Committees as resolved on the 15 February 2022 Council meeting. |
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
Community Committee Draft Charters attached for consideration and adoption by Council.
1 Combined Community Committee Charters 2022 - Draft, D22/9194⇩
RECORD NUMBER: 2022/240
AUTHOR: David Waddell, Chief Executive Officer
EXECUTIVE Summary
The following report seeks Council’s approval for the request for Leave of Absence by the Mayor, Councillor Jason Hamling from the Council Meeting of 19 April, 2022.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “17.1 Collaborate - Provide representative, responsible and accountable community governance”.
Financial Implications
Nil
Policy and Governance Implications
Nil
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That Leave of Absence be granted for the Mayor, Cr Jason Hamling for the Meeting of Council to be held Tuesday 19 April 2022. |
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
An application for Leave of Absence was submitted to the Chief Executive Officer on 8 February 2022 requesting leave for the Council Meeting of 19 April, 2022 as he will be taking leave from 10 April 2022 until 21 April 2022.
In addition, Cr Hamling would also like to note his apologies for any Committee Meetings that may occur during this period.
6 Closed Meeting - See Closed Agenda
The Chief Executive Officer will advise the Council if any written submissions have been received relating to any item advertised for consideration by a closed meeting of Orange City Council.
The Mayor will extend an invitation to any member of the public present at the meeting to make a representation to Council as to whether the meeting should be closed for a particular item. 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.
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Recommendation 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 February 2022 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. 6.2 Electricity Procurement 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)ii information that would, if disclosed, confer a commercial advantage on a competitor of the council and (g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. Information contained in this paper is subject to legal professional privilege and is strictly confidential. Any disclosure of this paper, including a verbal disclosure of its content or conclusions, beyond Council officers directly involved in this matter may result in the loss of legal professional privilege and cause damage to the Council’s legal and financial position. Councillors have a good faith duty to strictly maintain confidentiality of privileged communications, and any failure to do so may result in a penalty under section 664 of the Local Government Act 1993 and action under the Code of Conduct. |
RECORD NUMBER: 2022/175
AUTHOR: Catherine Davis, Acting Manager Corporate Governance
Reason for Confidentiality
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.
RECORD NUMBER: 2022/236
AUTHOR: David Waddell, Chief Executive Officer
Reason for Confidentiality
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)ii information that would, if disclosed, confer a commercial advantage on a competitor of the council and (g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.
Information contained in this paper is subject to legal professional privilege and is strictly confidential. Any disclosure of this paper, including a verbal disclosure of its content or conclusions, beyond Council officers directly involved in this matter may result in the loss of legal professional privilege and cause damage to the Council’s legal and financial position. Councillors have a good faith duty to strictly maintain confidentiality of privileged communications, and any failure to do so may result in a penalty under section 664 of the Local Government Act 1993 and action under the Code of Conduct.
