ORANGE CITY COUNCIL

 

MINUTES OF THE

Ordinary Council Meeting

HELD IN Council Chamber, Civic Centre, Byng Street, Orange

ON 15 June 2021

COMMENCING AT 7.00pm


 1      Introduction

Attendance

Cr R Kidd (Mayor), Cr G Taylor (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro (Zoom), Cr S Nugent (Zoom), Cr S Romano , Cr R Turner, Cr J Whitton

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 (Zoom), Executive Support Officer

1.1     APOLOGIES

Nil

 

RESOLVED - 21/162                                                                         Cr J Hamling/Cr J Whitton

That Council permit Cr Munro and Cr Nugent to attend the Council Meeting of Orange City Council on 15 June 2021 by remote video link.

1.2     LIVESTREAMING AND RECORDING

The Mayor advised that the meeting was being livestreamed and recorded.

1.3     OPENING PRAYER

Minister Greg Blanch of the Orange Evangelical Church led the Council in Prayer.

1.4     ACKNOWLEDGEMENT OF COUNTRY

The Mayor conducted an acknowledgement of Country.

 

RESOLVED - 21/163                                                                                Cr R Kidd/Cr S Munro

That Council write to Edwina Bone congratulating her on her recent selection in the Australian Womens Hockey Team for the Tokyo Olympic Games.

 

*Council held 1 minute silence in remembrance of the passing of Max Jones*

 

1.5     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 6.1 of the closed meeting – Notice of Rescission – Tender for the Provision of Traffic Management Services as he as a close relationship with a tenderer.

Cr Turner declared a Significant, Non-Pecuniary interest in item 5.7 – Development Application 186/2021(1) -298 Clergate Road as a member of the WRPP.

Cr Nugent declared a Non-Significant, Non-Pecuniary Interest in the Mayoral Minute as a member of a user group of the Orange Uniting Church Hall.

Cr Kidd declared a Significant Non-Pecuniary interest in item 5.6 and the open forum – DA 339/2020(1) - 3-5 Curran Street as a relative is an applicant in this development.

 

*Cr Whitton left the chamber with the time being 7.07pm and returned with the time being 7.11pm*

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.07PM.

 

Mayoral Minute – Contingency Arrangements for Homeless During Cold Weather Snap

Bev Rankin – Fusion – Orange Uniting Church outlined the reasons for Council’s support of the Homelessness services in Orange.

2       Mayoral Minutes

2.1     Mayoral Minute - Contingency Arrangements for Homeless During Cold Weather Snap

TRIM Reference:        2021/1327

Cr Nugent declared a Non-Significant, Non-Pecuniary Interest as a member of a user group of the Orange Uniting Church Hall.

RESOLVED - 21/164                                                                                 Cr R Kidd/Cr G Taylor

That Council investigate the feasibility of allowing Fusion Orange to make contingency arrangements to meet the additional homeless requirements through the use of the Church Hall and Carpark, as they arise during winter.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil

 

OPEN FORUM CONTINUES

DA 284/2020(1) - 4 Kearneys Drive

Anthony Daintith addressed Council on behalf of neighbours to the development.

 

DA 42/2021(1) - 64 Valencia Drive

Peter Scullion addressed Council on the positives of the development.

DA339/2020(1) - 3-5 Curran Street

Cr Kidd declared a Significant, Non-Pecuniary Interest in this item, left the chamber and did not participate on the hearing of this submission.

Tom Messenger addressed Council stating that the work undertaken by the applicant and council to facilitate the amendment of plans for the development and sought Council’s assistance in updating condition 12 of the approval in relation to the plan of management.

*Cr Kidd left the meeting with the time being 7.21pm. Cr Taylor (Deputy Mayor) assumed the role of chairperson*

Cr Kidd returned with the time being 7.25pm and resumed the role of chairperson*

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.25PM.

3       Confirmation of Minutes of Previous Meeting

RESOLVED - 21/165                                                                             Cr K Duffy/Cr J Hamling

That the Minutes of the Ordinary Meeting of Orange City Council held on 1 June 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 1 June 2021.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil

 

The Chief Executive Officer read the Good News.

Housing Plus held its White Tie Ball on the 22nd May 2021 which was hailed a resounding success with over 300 guests and the raising of $80,000 to go towards providing additional support for women and children staying at The Orchard and accessing their domestic and family violence services. Housing Plus thanks Council for their contribution to the event and its success through Council’s Event Sponsorship Program ($5,000 donated by resolution of Council on 2 March 2021).

Orange Aquatic Club held the OAC Winder Short Course Championships on the 15th & 16th May 2021  at the Orange Aquatic Centre. The OAC President thanked the Aquatic Centre Lifeguards and Aquatic Centre staff for their support and assistance throughout the event with the Lifeguards in particular helping with the set up and pack of the Event.

The Mayor added that Orange held the U14 NSW Junior Rugby State Championships over the June long weekend at Emu’s. The grounds staff should be commended for their efforts in getting the fields ready after recent inclement weather.

The Mayor also added that Orange had a visit from the Ageing and Disability Commissioner, Robert Fitzgerald and that Council’s Ageing and Support Team Leader, Kim McLean should be congratulated for her coordination of Council’s services for the community.

 

4       Notices of Motion/Notices of Rescission

4.1     Notice of Motion - Trolley Automatic Shut Off Technology

TRIM Reference:        2021/1129

RESOLVED - 21/166                                                                          Cr S Romano/Cr G Taylor

That staff investigate the possibility of utilising automatic shopping trolley wheel shut off technology at carpark exits and that supermarkets be requested to investigate other methods for the prevention of dumping shopping trolleys.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil

 

MATTER ARISING                                                                                                 Cr R Turner

Cr Turner asked that all of the trolleys located at the Resource Recovery Centre (RRC) inside the front gate to be sent to the steel recycling centre when not collected by supermarkets, in a bid to clean up the entrance to the facility.

 

5       General Reports

5.1     Recommendations and Resolutions from Policy Committees

TRIM Reference:        2020/2575

RESOLVED - 21/167                                                                           Cr J Whitton/Cr S Munro

1        That the resolutions made by the Planning and Development Committee at its meeting held on 1 June 2021 be noted.

2        That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 1 June 2021 be noted. 

3        That the resolutions made by the Infrastructure Policy Committee at its meeting held on 1 June 2021 be noted. 

4        That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 1 June 2021 be noted.

5        That the resolutions made by the Finance Policy Committee at its meeting held on 1 June 2021 be noted.

6        That the resolutions made by the Services Policy Committee at its meeting held on 1 June 2021 be noted.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil

 

5.2     Update on Outstanding Resolutions of Council including Questions Taken on Notice and Notices of Motions.

TRIM Reference:        2021/245

RESOLVED - 21/168                                                                          Cr J Hamling/Cr S Nugent

That the information provided in the report by the Acting Director Corporate and Commercial Services on Outstanding and Completed Notices of Motion, Questions of Notice and Matters arising be acknowledged.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil

 

5.3     Projects Activities June 2021

TRIM Reference:        2021/337

RESOLVED - 21/169                                                                               Cr R Turner/Cr K Duffy

That the information in the report on Projects be acknowledged and that a report be provided to Council on the stages for the Conservatorium development.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil

 

QUESTION TAKEN ON NOTICE                                                                                 Cr G Taylor

Cr Taylor asked that lights in Matthews Park be inspected and made more secure to protect them from further vandalism.

 

QUESTION TAKEN ON NOTICE                                                                                    Cr R Kidd

Cr Kidd asked that staff investigate the installation of CCTV in Matthews Park to deter vandalism.

 

MATTER ARISING                                                                                                     Cr S Munro

Cr Munro asked that staff investigate options to secure the storm water drain in Matthews Park to make it safer for visitors to the park. 

 


 

5.4     Development Application DA 284/2020(1) - 4 Kearneys Drive

TRIM Reference:        2021/1232

MOTION                                                                                              Cr T Mileto/Cr S Nugent

1        That Council consents to development application DA 284/2020(1) for Demolition (existing dwelling and outbuildings) and Centre-based Child Care Facility at Lot A DP 365443 – 4 Kearneys Drive, Orange, pursuant to the conditions of consent in the attached Notice of Approval with the addition of 2 conditions:

            I.     That an operational management plan be required that must identify parking and access arrangements. The Operational Management Plan must provide that on-street car parking in Kearneys Drive is not permitted for any user of the child care centre. Staff parking and drop-off/pick-up of children in Kearneys Drive is not permitted.

          II.     That safety improvements at the Margaret Street intersection be included at the developers expense and through approval by the Traffic Committee. This would include BB double barrier centre lines onto Margaret Street through the Kearneys Drive intersection and a convex mirror opposite Kearneys Drive on Margaret Street to provide safe sight distance and channelizing the opposing traffic within Margaret Street.

AMENDMENT                                                                                    Cr J Hamling/Cr G Taylor

That staff bring back an instrument of refusal to the next Council meeting for the development application DA 284/2020(1) for Demolition (existing dwelling and outbuildings) and Centre-based Child Care Facility at Lot A DP 365443 – 4 Kearneys Drive, Orange, based on reasons for refusal including traffic impacts, amenity, noise, safety and appropriateness of the site.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Munro, Cr Taylor, Cr Romano, Cr Whitton,

Against: Cr McRae, Cr Nugent, Cr Mileto, Cr Turner

Absent: Nil

THE AMENDMENT ON BEING PUT WAS CARRIED AND BECAME THE MOTION

THE MOTION ON BEING PUT WAS CARRIED

RESOLVED - 21/170                                                                           Cr J Hamling/Cr G Taylor

That staff bring back an instrument of refusal to the next Council meeting for development application DA 284/2020(1) for demolition (existing dwelling and outbuildings) and Centre-based Child Care Facility at Lot A DP 365443 – 4 Kearneys Drive, Orange, based on reasons for refusal including traffic impacts, amenity, noise, safety and appropriateness of the site.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil

 


 

Cr Nugent asked for information on what noise controls  are to be in place as part of the Operational Management Plan for the site.

The Director Development Services stated that condition 47 of the approval provides for a Noise Management Plan for this development, in addition condition 49 stipulates an Acoustic Commissioning Report be prepared and provided to Council within 3 months of the issue of an Occupation Certificate in order to confirm all noise emissions from the development are compliant as predicted.  Condition 14 requires that prior to the issue of a Construction Certificate all mechanical plant must be certified to meet the noise targets of this development.

 

Cr Kidd asked if the Margaret Street intersection was safe.

The Director Technical Services stated that all intersections have an inherent danger as they deal with opposing traffic and there are multiple variables such as vehicle speed, vehicle condition, driver behaviour and road conditions.  Road conditions being only 1 of the four road safety factors.  In this case the intersection of Margaret Street and Kearneys Drive is less than desirable for such a development and the proposed motion goes some way to address these safety concerns.   

 

5.5     Development Application DA 42/2021(1) - 64 Valencia Drive

TRIM Reference:        2021/1248

RESOLVED - 21/171                                                                             Cr S Munro/Cr T Mileto

That Council consents to development application DA 42/2021(1) for Demolition (existing structures) and Centre-based Child Care Facility at Lot 2 DP 1202010 - 64 Valencia Drive, Orange, pursuant to the conditions of consent in the attached Notice of Approval.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil

 

*Cr Kidd left the meeting with the time being 8.21pm and Deputy Mayor, Cr Taylor assumed the role of the chairperson, after declaring an interest in item 5.6*


 

5.6     Development Application DA 339/2020(1) - 3 and 5 Curran Street

TRIM Reference:        2021/1190

Cr Kidd declared a Significant Non-Pecuniary interest in this as a relative is an applicant in this development, left the chamber and did not participate in voting or discussion on this item.

MOTION                                                                                          Cr J Whitton/Cr S Romano

That Council consents to development application DA 339/2020(1) for Boarding House (change of use) and Alterations and Additions at Lots E and F DP 18925 – 3 and 5 Curran Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.

AMENDMENT                                                                                     Cr T Mileto/Cr S Nugent

That Council consents to development application DA 339/2020(1) for Boarding House (change of use) and Alterations and Additions at Lots E and F DP 18925 – 3 and 5 Curran Street, Orange pursuant to the conditions of consent in the attached Notice of Approval with the inclusion of a Plan of Management being incorporated into condition 12 being submitted and approved by Council.

For: Cr McRae, Cr Nugent, Cr Turner, Cr Mileto

Against: Cr Romano, Cr Duffy, Cr Hamling, Cr Munro, Cr Taylor, Cr Whitton

Absent: Cr Kidd

THE AMENDMENT ON BEING PUT WAS LOST

THE MOTION ON BEING PUT WAS CARRIED

RESOLVED - 21/172                                                                        Cr J Whitton/Cr S Romano

That Council consents to development application DA 339/2020(1) for Boarding House (change of use) and Alterations and Additions at Lots E and F DP 18925 – 3 and 5 Curran Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.

For: Cr Duffy, Cr Hamling, Cr McRae, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Cr Munro

Absent: Cr Kidd

 

Cr Mileto asked why a plan of management would not be considered before a construction certificate was issued.

The Director Development Services stated that the Statement of Environmental Effects is submitted with the application as a statutory requirement and in this case commits the applicant to the same items that would be addressed in a Plan of Management. A Plan of Management is an additional written instrument that further details the operational details of the development, thereby assisting with the implementation and enforcement of said conditions into the future.

 

*Cr Kidd returned to the meeting with the time being 8.33pm and resumed the role of the chairperson*

 

*Cr Turner left the meeting with the time being 8.33pm*

 


 

5.7     Development Application DA 186/2021(1) - 298 Clergate Road

TRIM Reference:        2021/1192

Cr Turner declared a Significant Non-Pecuniary interest in this item as member of the Western Regional Planning Panel, left the chamber and did not participate in voting or discussion on this item.

RESOLVED - 21/173                                                                                  Cr K Duffy/Cr R Kidd

That Council resolves:

1    That the information contained in the report for development application DA  86/2021(1) for proposed General Industry and Business Identification Signage at Lot 1 DP 1085646, 298 Clergate Road, Orange, be acknowledged.

2    That Council makes a positive submission on the application to the Western Regional Planning Panel.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Cr Turner

 

Cr Nugent noted that there is a critically endangered ecological community (EEC) on the subdivision where the development is proposed. A consultant has assessed this ecological community and has noted that the habitat was heavily degraded and in poor condition. Cr Nugent asked for further clarification on the meaning of the consultants assessment and asked what proximity the development is to the ecological community.

The Director Development Services confirmed that the Biodiversity Development Assessment Report prepared by a consultant for the original subdivision was used to guide this development application. The site of this proposed development is at the front of the subdivision by the road and does not directly impact the EEC which is located at the back of the subdivision that adjoins the forest. There is an opportunity to collect native seeds from the grass of the lot and transplant them into the forest area behind the subdivision. There are no trees to be removed by this proposal.   

 

*Cr Turner returned to the meeting with the time being 8.40pm*

 

5.8     Development Application DA 126/2021(1) - 16 Old Forbes Road

TRIM Reference:        2021/1267

RESOLVED - 21/174                                                                                  Cr K Duffy/Cr R Kidd

That Council defers development application DA 126/2021(1) for Landscaping Material Supplies at Lot 640 DP 789668 - 16 Old Forbes Road, Orange, to allow for a site inspection.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil


 

 5.9    Flood Prone Land Reform

TRIM Reference:        2021/1210

RESOLVED - 21/175                                                                           Cr J Whitton/Cr G Taylor

That Council resolves to:

1    Direct staff to make a submission requesting the replacement of clause 7.2A Floodplain risk management with the optional clause 5.22 Special Flood Considerations to the Department of Planning, Industry and Environment.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton, Cr Mileto

Against: Nil

Absent: Cr Romano

 

*Cr Romano left the chamber with the time being 8.44pm*

 

5.10   Orange Local Environmental Plan - Amendment 27 - Update on Status

TRIM Reference:        2021/1226

RESOLVED - 21/176                                                                             Cr J Hamling/Cr K Duffy

1        That Council note the contents of this report and forwards a copy of the draft LEP documentation (Amendment No 27) to the Department for finalisation consistent with the Gateway determination.

2        That staff prepare the Development Control Plan/masterplan for the site for exhibition as a separate process to the finalisation of the draft LEP.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton, Cr Mileto

Against: Nil

Absent: Cr Romano

 

Cr Nugent asked if there were any risks in proceeding with the Draft LEP without having the DCP completed.

The Director Development Services stated that Council will be pushed for time to complete the DCP before the Government finalises the LEP, however as the DCP is developed by Council it will be created concurrently with the LEP amendment.  

 

MATTER ARISING                                                                                                  Cr J Whitton

Cr Whitton asked that a Real Estate sign placed on the road verge on Forest Road be inspected and action taken to move the signage as it is obstructing the view of traffic at the intersection.

 

*Cr Romano returned to the chamber with the time being 8.50pm*


 

5.11   Future City Digital Business Project - Update

TRIM Reference:        2021/1160

RESOLVED - 21/177                                                                            Cr S Nugent/Cr S Munro

That Council note the update on Future City Digital Business Project.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil

 

Cr Nugent asked if there is a funding allocation in the next budget and what was the interest in the program from businesses.

The Acting Director Corporate & Commercial Services stated that the intention was to include the amount annually for the next 3 years. 20 businesses have expressed interest to date, however with the continuation of the program it is expected that more businesses will express interest in the project.

 

5.12   Orange Celebrates 75 Years and 175 Years in 2021 Update and Hosting Gala Ball Request

TRIM Reference:        2021/1127

RESOLVED - 21/178                                                                               Cr J McRae/Cr K Duffy

1     The Council Notes the report by the Manager Business Development.

RESOLVED - 21/179                                                                                 Cr R Kidd/Cr G Taylor

2        That Council does not hold a gala ball on 24 July 2021 at the Orange Function Centre.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil

 

Cr McRae asked if in the event that the Gala Ball is cancelled due to COVID restrictions can Council obtain insurance to cover the cost of the event for Council. Cr McRae also asked if the event was open for local residents only or would travellers be welcome and if the planned numbers of the event are in compliance with Public Health Orders and restrictions for indoor entertainment venues in NSW.

The Acting Director Corporate & Commercial Services stated that there is no insurance available for COVID related cancellations. COVID rules are to be in place for travellers where hot spots are identified and the capacity of the function centre can accommodate 450 attendees under current pp/sqm rule requirements.


 

5.13   Event Sponsorship Program 2021/2022 Round 2 Moving of Dates

TRIM Reference:        2021/1245

RESOLVED - 21/180                                                                         Cr S Nugent/Cr S Romano

That Council resolves to:

1    Approve the Event Sponsorship Program Round 2 opening date to be 16 June and closing dates to be 16 July 2021.

2    Approve Council's Chief Executive Officer to be given delegation to finalise determination for the Event Sponsorship Round 2 applications post exhibition.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil

 

5.14   Statement of Investments - May 2021

TRIM Reference:        2021/1201

RESOLVED - 21/181                                                                               Cr K Duffy/Cr S Munro

That Council resolves:

1        To note the Statement of Investments as at 31 May 2021.

2        To adopt the certification of the Responsible Accounting Officer.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil

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.

RESOLVED - 21/182                                                                             Cr K Duffy/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     Notice of Rescission - Tender for the 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.

6.2     Minutes of the Audit, Risk and Improvement Committee of 21 May 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 (f) matters affecting the security of the Council, Councillors, Council staff or Council property.

6.3     Land and Environment Court proceedings 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 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.

6.4     Proposal to sell 94 Woodward Street - Lots 12 and 13 DP 1248554 and Lot 4 Section 1 DP 6662

THIS ITEM WAS WITHDRAWN

6.5     Tenders for concrete civil works

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     Tenders for supply of ready mix concrete

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

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 9.15pm.

The Mayor declared the Ordinary Meeting of Council resumed at 10.15pm.

7       Resolutions from Closed Meeting

The Chief Executive Officer read out the following resolutions made in the Closed Meeting of Council.

 

6.1     Notice of Rescission - Tender for the Provision of Traffic Management Services

TRIM Reference:        2021/1220

Cr Taylor declared a Non-Significant, Non Pecuniary Interest in this item as he has a close relationship with a tenderer in this report.

RESOLVED - 21/183                                                                             Cr K Duffy/Cr J Whitton

1    That Council rescind the following resolution of the Closed Council Meeting of 1 June 2021:

ON BEING PUT THE RESCISSION MOTION WAS CARRIED

6.7     Tenders for Provision of Traffic Management Services

TRIM Reference:           2021/1063

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.

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.

 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

ON THE AMENDMENT BEING PUT WAS LOST

ON THE MOTION BEING PUT WAS CARRIED

RESOLVED - 21/001      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

For: Cr Kidd, Cr Duffy, Cr Munro, Cr Whitton, Cr Mileto, Cr Romano

Against: Cr Nugent Cr Turner, Cr Hamling, Cr McRae

Absent: Cr Taylor


 

RESOLVED - 21/184                                                                             Cr K Duffy/Cr J Whitton

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 Kidd, Cr Duffy, Cr Hamling, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Cr McRae

Absent: Cr Taylor

 

*Cr Taylor returned to the meeting with the time being 9.49pm*

 

6.2     Minutes of the Audit, Risk and Improvement Committee of 21 May 2021

TRIM Reference:        2021/1253

RESOLVED - 21/185                                                                             Cr J Whitton/Cr K Duffy

1        That Council acknowledge the reports presented to the Audit Risk & Improvement Committee at its meeting held on 21 May 2021.

2        That the minutes of the Audit Risk & Improvement Committee at its meeting held on 21 May 2021 be adopted.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil

 

6.3     Land and Environment Court proceedings update

TRIM Reference:        2021/963

RESOLVED - 21/186                                                                               Cr R Turner/Cr K Duffy

That Council take part in the proceedings by making a formal offer as detailed in this report.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil


 

6.4     Proposal to sell 94 Woodward Street - Lots 12 and 13 DP 1248554 and Lot 4 Section 1 DP 6662

TRIM Reference:        2021/1022

THIS ITEM WAS WITHDRAWN.

 

6.5     Tenders for concrete civil works

TRIM Reference:        2021/1175

RESOLVED - 21/187                                                                               Cr K Duffy/Cr S Munro

That Council resolves to:

1        Approve the establishment of a new Concrete Civil Works Panel under the Council’s Purchasing Policy.

2        Approve the Chief Executive Officer, or his nominee, to enter into a standard contract with G R Spurr Concreting Pty Ltd, M & H Foley, Matt Foley Concreting, Orange Concrete Services Pty Ltd and Workfield Investments Pty Ltd 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.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil

 

 

6.6     Tenders for supply of ready mix concrete

TRIM Reference:        2021/1135

RESOLVED - 21/188                                                                               Cr K Duffy/Cr S Munro

That Council resolves to:

1        Approve the establishment of a new Ready Mix Concrete Supply Panel under the Council’s Purchasing Policy.

2        Approve the Chief Executive Officer, or his nominee, to enter into a standard contract with Boral Resources (NSW) Pty Ltd, Hanson Construction Materials Pty Ltd, Holcim (Australia) Pty Ltd and Zamoraft Pty Ltd t/as Midwestern Mini Mix for supply of ready mix concrete 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.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil


 

6.7     Submission Redactions

TRIM Reference:        2021/1269

RESOLVED - 21/189                                                                             Cr K Duffy/Cr J Hamling

That the information in this report be acknowledged.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto

Against: Nil

Absent: Nil

 

*Cr Romano left the meeting with the time being 10.09pm and returned with the time being 10.18pm*

At the Council Meeting of 6 April 2021, Council resolved to hold an Extraordinary Meeting. Council has now confirmed the meeting date will be Monday 28 June 2021 at 7pm.

5.1     Upcoming Extraordinary Meeting

TRIM Reference:         2021/577

RESOLVED - 21/116                                                                            Cr J Whitton/Cr S Munro

That Council resolves the date of an Extraordinary Council Meeting of 27 April 2021 at 7pm or the next available date to discuss and determine DA 464/2020(1) – Demolition (Tree Removal) – 1610 Forest Road and Lot 209 Forest Road.

The Meeting Closed at 10.20PM

This is Page Number 18 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 15 June 2021.