MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 1 June 2021
COMMENCING AT 7.00pm
Attendance
Cr R Kidd (Mayor), Cr G Taylor (Deputy Mayor), Cr K Duffy (Zoom), Cr J Hamling, Cr J McRae, Cr T Mileto(Zoom), Cr S Munro, Cr S Nugent, Cr R Turner
Chief Executive Officer, Acting Director Corporate and Commercial Services (Redmond), Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Acting Manager Corporate Governance (Constantine), Chief Financial Officer, Executive Support Manager, Executive Support Officer.
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RESOLVED - 21/143 Cr S Munro/Cr J Hamling That Council permit Cr Duffy and Cr Mileto to attend Council meeting of Orange City Council on 1 June 2021 by remote video link. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner
Against: Nil
Absent: Cr Romano, Cr Whitton, Cr Mileto
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RESOLVED - 21/144 Cr S Munro/Cr S Nugent That the apologies be accepted from Cr S Romano and Cr J Whitton for the Council Meeting of Orange City Council on 1 June 2021, noting Cr Mileto will arrive late. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner
Against: Nil
Absent: Cr Romano, Cr Whitton, Cr Mileto
1.2 LIVESTREAMING AND RECORDING
The Mayor advised that the meeting was being livestreamed and recorded.
The Mayor conducted an Acknowledgment of Country.
1.4 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Cr Taylor declared a Non-Significant, Non-Pecuniary interest in item 6.7 – Tenders for the Provision of Traffic Management Services as he has a close relationship with a tenderer.
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.03PM
*Cr Mileto arrived at the meeting (zoom) with the time being 7.06pm*
OPEN FORUM
PDC Item 2.3 - DA 284/2020(1) – 4 Kearneys Drive
· Anthony Daintith – on behalf of neighbouring residents, he outlined concerns for the development.
· Lorraine Cullen – outlined her concerns for the proposal including parking and access.
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.11PM
Nil
3 Confirmation of Minutes of Previous Meeting
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RESOLVED - 21/145 Cr S Nugent/Cr J Hamling That the Minutes of the Ordinary Meeting of Orange City Council held on 18 May 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 18 May 2021. |
For: Cr Kidd, Cr Duffy, Cr Hamling,
Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Taylor,
Cr Turner
Against: Nil
Absent: Cr Romano, Cr Whitton
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.12PM
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.33PM
4 Notices of Motion/Notices of Rescission
Nil
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TRIM Reference: 2021/1096 |
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RESOLVED - 21/171 Cr J Hamling/Cr S Munro That the report on Code of Conduct Complaint Reporting be acknowledged. |
For: Cr Kidd, Cr Duffy, Cr Hamling,
Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Taylor,
Cr Turner
Against: Nil
Absent: Cr Romano, Cr Whitton
Cr Nugent asked for clarification around whether there were 2 or 3 code of conduct matters.
The Chief Executive Officer stated there were 2 matters with 1 of those matters also being referred to the Office of Local Government for review.
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MATTER ARISING Cr J McRae Cr McRae asked that a report be provided to Council on Code of Conduct Complaints per year for the last terms of Council in order to provide a comparison. |
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 one written submissions had been received relating to item 6.5 – Crown Lands Negotiation Update listed for consideration by the Closed Meeting of Council.
The Chief Executive Officer noted the written submission and stated that the item was not regarding the matters raised in the submission and would therefore remain in 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 - 21/172 Cr J McRae/Cr J Hamling 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 2020/2021 Third Quarter Water/Sewerage Charges - 1-7 Torpy Street, Orange - Orange Public Infants School This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (b) the personal hardship of any resident or ratepayer. 6.2 2020/2021 Second and Third Quarter Water/Sewerage Charges - 212 Anson Street, Orange This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (b) the personal hardship of any resident or ratepayer. 6.3 2020/2021 Second and Third Quarter Water/Sewerage Charges - 36-40 Lords Place, Orange This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (b) the personal hardship of any resident or ratepayer. 6.4 EOI - Loan Borrowings Confidential 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 Crown Land Negotiation Update 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 Entering into Contracts for the Supply and Delivery of Bitumen Emulsion 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 Tenders for Provision of Traffic Management 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. 6.8 Tender F3590-4 Gosling Creek Dam – Geotechnical Investigation 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. 6.9 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 8.54pm.
The Mayor declared the Ordinary Meeting of Council resumed at 10.09pm.
7 Resolutions from Closed Meeting
The Chief Executive Officer read out the following resolutions made in the Closed Meeting of Council.
**Cr Taylor left the meeting with the time being 8.55pm**
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TRIM Reference: 2021/1063 |
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Cr Taylor declared a Non-Significant, Non-Pecuniary Interest in this item as he has a close relationship with a tenderer, left the chamber and did not participate in discussion or voting on this item. |
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RECOMMENDATION Cr J Hamling/Cr S Munro That Council resolves to: 1 Approve the Chief Executive Officer, or his nominee, to enter into a standard contract with Work Control Pty Ltd for the provision of traffic management services; 2 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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AMENDMENT Cr T Mileto/Cr K Duffy That Council resolves to: 1 Approve the Chief Executive Officer, or his nominee, to enter into a standard contract with Midwest Traffic Management (Orange) Pty Ltd for the provision of traffic management services; 2 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. For: Cr Mileto, Cr Duffy Against: Cr Kidd, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Turner Absent: Cr Romano, Cr Whitton, Cr Taylor |
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ON THE AMENDMENT BEING PUT WAS LOST ON THE MOTION BEING PUT WAS CARRIED |
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RESOLVED - 21/173 Cr J Hamling/Cr S Munro That Council resolves to: 1 Approve the Chief Executive Officer, or his nominee, to enter into a standard contract with Work Control Pty Ltd for the provision of traffic management services; 2 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. |
For: Cr Kidd, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Turner
Against: Cr Mileto, Cr Duffy
Absent: Cr Romano, Cr Whitton, Cr Taylor
**Cr Taylor returned to the meeting with the time being 9.12pm**
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6.1 2020/2021 Third Quarter Water/Sewerage Charges - 1-7 Torpy Street, Orange - Orange Public Infants School TRIM Reference: 2021/944 |
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RECOMMENDATION Cr S Munro/Cr S Nugent That Council resolves: 1 That Council reduce the 2020/2021 third quarter water consumption charge of $6,247.50 by 40% to $3,748.50, being a credit of $2,499.00. 2 That Council reduce the 2020/2021 third quarter sewerage charge of $6,466.35 pro-rata to previous consumption of $982.47, being a credit of $5,483.88. |
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AMENDMENT Cr J McRae/Cr R Kidd That Council does not approve the reduction in costs or charges for the 2020/2021 water or sewerage charges for 1-7 Torpy Street, Orange. For: Cr Kidd, Cr Duffy, Cr Mileto, Cr McRae, Cr Turner Against: Cr Taylor Cr Hamling, Cr Munro, Cr Nugent Absent: Cr Romano, Cr Whitton |
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ON THE AMENDMENT BEING PUT WAS CARRIED AND BECAME THE MOTION ON THE MOTION BEING PUT WAS CARRIED |
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RESOLVED - 21/174 Cr J McRae/Cr R Kidd That Council does not approve the reduction in costs or charges for the 2020/2021 water or sewerage charges for 1-7 Torpy Street, Orange. |
For: Cr Kidd, Cr Duffy, Cr Mileto, Cr McRae, Cr Turner
Against: Cr Taylor Cr Hamling, Cr Munro, Cr Nugent
Absent: Cr Romano, Cr Whitton
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TRIM Reference: 2021/971 |
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RESOLVED - 21/175 Cr R Turner/Cr K Duffy That this item be deferred to obtain further specifics. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner
Against: Nil
Absent: Cr Romano, Cr Whitton
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TRIM Reference: 2021/1007 |
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RESOLVED - 21/176 Cr G Taylor/Cr J Hamling That this item be deferred to obtain further specifics. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner
Against: Nil
Absent: Cr Romano, Cr Whitton
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TRIM Reference: 2021/1083 |
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RESOLVED - 21/177 Cr S Nugent/Cr S Munro That Council resolves: 1 That the loan funds be drawn from the Commonwealth Bank of Australia repaid in quarterly instalments over 5 years. 2 That Council accepts the offered rate of 1.16% for 5 years semi-annually principal and interest repayments from the National Australia Bank for the re-contracted principal balance of $1,780,014.62 for the Accelerated Roads Loan drawn from the National Australia Bank during the 2016 Financial Year. 3 That the Chief Executive Officer be authorised to execute relevant documents. 4 That approval be granted for use of the Council Seal on all relevant documents if required. 5 That necessary advice be supplied to the NSW Government on Council’s borrowings. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner
Against: Nil
Absent: Cr Romano, Cr Whitton
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TRIM Reference: 2021/946 |
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RESOLVED - 21/178 Cr S Munro/Cr K Duffy That Council resolves: 1 That the report by the Acting Director of Corporate and Commercial Services be acknowledged. 2 That the land transfer proceed as part of the Crown Land Negotiation Program and as per the details in this report. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Nugent, Cr Taylor, Cr Turner
Against: Nil
Absent: Cr Romano, Cr Whitton, Cr Munro
*Cr Munro left the chamber with the time being 9.38pm*
*Cr Kidd left the chamber with the time being 9.39pm and returned with the time being 9.40pm*
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TRIM Reference: 2021/1082 |
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RESOLVED - 21/179 Cr K Duffy/Cr G Taylor That Council resolves to: 1 Approve the Chief Executive Officer, or his nominee, to enter into a standard contract with Bitupave Ltd for the supply and delivery of bitumen emulsion. 2 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. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Nugent, Cr Taylor, Cr Turner
Against: Nil
Absent: Cr Romano, Cr Whitton, Cr Munro
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TRIM Reference: 2021/1097 |
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RESOLVED - 21/180 Cr K Duffy/Cr G Taylor That Council resolves: 1 To enter into a Contract with Advisian Pty Ltd for the Gosling Creek Dam Geotechnical Investigation for the amount of $163,533 subject to the mutual agreement of the terms and conditions of contract. 2 That the Chief Executive Officer be authorised to negotiate the terms and conditions of contract. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Nugent, Cr Taylor, Cr Turner
Against: Nil
Absent: Cr Romano, Cr Whitton, Cr Munro
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TRIM Reference: 2021/882 |
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RESOLVED - 21/181 Cr S Nugent/Cr J McRae That the information in this report be acknowledged. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Nugent, Cr Taylor, Cr Turner
Against: Nil
Absent: Cr Romano, Cr Whitton, Cr Munro
*Cr Munro returned to the chamber with the time being 9.45pm*
*Cr Duffy left the meeting with the time being 9.58pm and did not return*
The Meeting Closed at 10.13PM.
This is Page Number 9 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 1 June 2021.