Agenda of Council Meeting

ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 17 February 2015

COMMENCING AT 7.00pm

1 Introduction

Attendance

Cr J Davis (Mayor), Cr C Gryllis (Deputy Mayor), Cr A Brown, Cr K Duffy, Cr R Gander, Cr J Hamling, Cr N Jones, Cr R Kidd, Cr S Munro, Cr G Taylor (7.10pm), Cr R Turner, Cr J Whitton

General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Administration and Governance, Manager Corporate and Community Relations, Manager Financial Services, Manager Information Services, Information Systems Officer

1.1 APOLOGIES

RESOLVED - 15/040 Cr K Duffy/Cr C Gryllis

That the apology for lateness be accepted from Cr Taylor for the Council Meeting of Orange City Council on 17 February 2015.

1.2 OPENING PRAYER

CLARE SINGLETON OF THE CHRISTIAN MINISTRY CENTRE LED THE COUNCIL IN PRAYER

1.3 ACKNOWLEDGEMENT OF COUNTRY

1.4 DECLARATIONS OF INTEREST

Item 6.2 Telecommunications Tender Evaluation and Recommendations

Cr J Whitton declared an interest in item 6.2 as his company has contracts with major telecommunications carriers.

Item 5.3 Recommendations and Resolutions from Policy Committees – Minutes of the Sustainable Development Committee 3 February 2015 (Item 2.2 Development Application DA 181/2014(1) – 454 The Escort Way)

Cr R Kidd declared an interest in Item 5.3 as his wife attended the inspection with residents of the area of 454 Escort Way.

2 Mayoral Minutes

Nil

3 Confirmation of Minutes of Previous Meeting

RESOLVED - 15/041 Cr R Gander/Cr S Munro

That the Minutes of the Ordinary Meeting of Orange City Council held on 3 February 2015 (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 3 February 2015.

4 Notices of Motion/Notices of Rescission

Nil

5 General Reports

5.1 Minutes of the Extraordinary Sustainable Development Committee Meetings - 16 December 2014 and 23 December 2014

TRIM Reference: 2015/345

RESOLVED - 15/042 Cr J Whitton/Cr S Munro

That the resolutions made by the Sustainable Development Committee at its extraordinary meetings held on 16 December 2014 and 23 December 2014 be noted.

5.2 Statement of Investments - January 2015

TRIM Reference: 2015/268

RESOLVED - 15/043 Cr S Munro/Cr K Duffy

That Council

1 Receives the Statement of Investments as at 31 January 2015.

2 Receives and adopts the certification of the Responsible Accounting Officer

5.3 Recommendations and Resolutions from Policy Committees

TRIM Reference: 2015/292

Cr R Kidd declared a non-significant non-pecuniary interest in Item 5.3 – Sustainable Development Committee Minutes 3 February 2015 (Item 2.2 Development Application DA 181/2014(1) - 454 The Escort Way) as his wife attended the inspection with residents of the area of 454 The Escort Way.

RESOLVED - 15/044 Cr J Whitton/Cr S Munro

1 That the resolutions made by the Sustainable Development Committee at its meeting held on 3 February 2015 be noted.

2 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 3 February 2015 be noted.

3 That the resolutions made by the Services Policy Committee at its meeting held on 3 February 2015 be noted.

4 That the resolutions made by the Environment and Economic Development Committee at its meeting held on 3 February 2015 be noted.

5 That the resolutions made by the Finance Policy Committee at its meeting held on 3 February 2015 be noted.

5.4 Outstanding Questions Taken on Notice

TRIM Reference: 2015/290

RESOLVED - 15/045 Cr J Hamling/Cr C Gryllis

That the information provided in the report by the Manager Administration and Governance on Questions Taken on Notice be acknowledged.

5.5 Quarterly Budget Review and Performance Indicators - October to December 2014

TRIM Reference: 2015/280

RESOLVED - 15/046 Cr S Munro/Cr K Duffy

1 That the information provided in the report by the Director Corporate and Commercial Services on Quarterly Budget Review and Performance Indicators – October to December 2014, be acknowledged.

2 That variations proposed as part of the December Quarterly Budget Review amount to $331,658 be adopted.

3 That Council accept the information provided in the report as satisfying the six monthly progress report on the Delivery/Operational Plan as required by the Office of Local Government.

QUESTION TAKEN ON NOTICE

Cr Gander requested information on the annual costs of operating the pound facility by the RSPCA. Information will be circulated to Councillors.

5.6 Conduct of the 2016 Local Government Election

TRIM Reference: 2015/323

RESOLVED - 15/047 Cr K Duffy/Cr C Gryllis

1 That Council decline to accept the tender for election services offered by the Centroc and Hunter Region of Councils.

2 That Council considers that there are extenuating circumstances (as listed below) as to why it should not call tenders for Electoral Services:

a. The tender received did not offer an affordable option for Council.

b. Re-tendering for Electoral Services is unlikely to attract any other submissions given the specialised services sought.

3 That pursuant to Sections 296(2) and 296(3) of the Local Government Act 1993, an election arrangement be entered into by contract for the NSW Electoral Commissioner to administer all elections of the Council.

4 That permission be granted for the use of the Council Seal on all relevant documents.

Division of Voting
Voted For	Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr N Jones, Cr R Kidd, Cr S Munro, Cr R Turner, Cr J Whitton, Cr A Brown
Voted Against	Nil
Absent	Cr G Taylor

** Cr Taylor arrived at the meeting at 7.10pm**

5.7 Request to Enter into a Parking Agreement at the Summer Centre

TRIM Reference: 2015/287

RESOLVED - 15/048 Cr K Duffy/Cr R Turner

1 That the General Manager be authorised to negotiate a parking agreement with the owners or Centre Managers of the Orange Summer Centre at 86-102 Summer Street, Orange under Section 650(6) of the Local Government Act 1993 and to implement such parking agreement so that is at full cost recovery and is satisfactory to Council.

2 That Council declare that part of the car park at the subject land that is subject to the agreement to be a Free Parking Area.

3 That permission be granted to affix the Council Seal on all relevant documents.

5.8 Carparking Contributions DA 249/2014(1)

TRIM Reference: 2015/337

RESOLVED - 15/049 Cr K Duffy/Cr S Munro

That Council:

1 Approve the waiving of $102,878.48 for car parking for DA 249/2014(1)

2 Note the amount will be included as a budget adjustment in the March 2015 quarterly report to Council.

5.9 Planning Proposal - Orange Airport Industrial Estate

TRIM Reference: 2015/314

RESOLVED - 15/050 Cr R Turner/Cr C Gryllis

That

1 Council submit the attached Planning Proposal to the Department of Planning and Environment for Gateway Determination.

2 Council staff undertake such studies or works as may be identified in the Gateway Determination.

3 Council undertake government agency consultation and public exhibition as may be identified in the Gateway Determination.

4 Post exhibition, a report to Council be provided for further consideration.

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 General Manager 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 - 15/051 Cr K Duffy/Cr R Gander

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 of Land - Shiralee Urban Release

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 Telecommunications Tender Evaluation and Recommendations

6.3 Investment 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 (g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

6.4 Complaint Under Orange City Council Code of Conduct

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 (i) alleged contraventions of any code of conduct requirements applicable under section 440.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE CLOSED MEETING AT 7.14PM.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.10PM.

7 Resolutions from Closed Meeting

The General Manager read out the following resolutions made in the Closed Meeting of Council.

6.1 Acquisition of Land - Shiralee Urban Release

TRIM Reference: 2015/246

RESOLVED - 15/052 Cr J Whitton/Cr K Duffy

1 That Council authorise the General Manager to negotiate the purchase of land and easements for the purpose of water and power infrastructure being part of Lot 11 DP 628747, Lot 1 DP 958631 and Lot 1 DP403711 in accordance with the details in the report.

2 That authority be granted to affix the Council Seal to all documentation necessary with this matter.

3 That the General Manager be delegated authority to execute on behalf of Council any document associated with the acquisition process under the Land Acquisition (Just Terms Compensation) Act 1991.

4 That the land be classified operational upon acquisition.

6.2 Telecommunications Tender Evaluation and Recommendations

TRIM Reference: 2015/215

Cr J Whitton declared a pecuniary interest in Item 6.2 as his company has contracts with major telecommunication carriers, left the Chamber, and did not participate in the voting or debate on this item.

RESOLVED - 15/053 Cr K Duffy/Cr R Turner

GCT-T13 P1 – GSM Mobile Services and Call Rates

1 That Council declines to accept any of the tenders in relation to mobile services and call rates.

2 That Council cancels the proposal to contract Mobile Services and Call Rates contemplated in the tender.

3 That Council enter into negotiations with prospective suitable organisation(s) to create a solution(s) that reflects the intent of the original tender that is most advantageous to Council for mobile services.

4 That the General Manager be authorised to negotiate the terms of a contract to reflect the intent of recommendation 3 above.

5 That Council engage with the successful mobile service provider regarding the delivery of the “Private Access Point Name (PAPN)” and the connection into Council’s private network.

6 That Council considers that there are extenuating circumstances (as listed below) as to why it should not call tenders for GSM Mobile Services and Call Rates

a. The tenders received for this component did not meet the mandatory requirements, and it is not considered that re-tendering will achieve any complying tenders.

b. The opportunity to negotiate components of the previous tender offers Council greater flexibility and accessibility to more competitive pricing and coverage options.

7 That the results of the negotiations for Mobile Services and Call Rates be reported to Council.

GCT-T13 P2 – Fixed Voice Services and Call Rates

8 That Council accept the tender as tendered by Vocus Pty Ltd as the most cost effective 100% compliant solution for Fixed Voice Services and Call Rates.

GCT-T13 P3 – Professional Services

9 That Council accept the tender as tendered by BTAS Pty Ltd as the most cost effective 100% compliant solution for Professional Services.

GCT-T13 P4 – Private IP Networking

10 That Council accept the solution incorporating the use of both ATI and Vocus where ATI provides the Wide Area Network (WAN) services and the Vocus links are used as backhaul for Pricate IP Networking.

GCT-T13 P5 – Customer Premises Equipment (IP Telephony)

11 That Council accept the Customer Premises Equipment (IP Telephony - P5) proposal as tendered by IPFX (Talkware).

12 That Council ensure that services delivery is directly dependent upon a Council project implementation schedule and not simply delivered ad hoc.

13 That Council engage My LGN Project Managers Pty Ltd, (the GCT-T13 project managers) to manage the process for each component GCT-T13 P1 to P5.

14 That permission be granted for the use of the Council Seal on all relevant documents.

Division of Voting
Voted For	Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr N Jones, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr A Brown
Voted Against	Nil
Absent	Cr J Whitton

6.3 Investment Update

TRIM Reference: 2015/336

RESOLVED - 15/054 Cr R Turner/Cr S Munro

That Council note the update on the investment in Local Government Financial Services product.

** All staff were excluded from the meeting except the General Manager, Director of Technical Services and Manager Administration and Governance***

6.4 Complaint Under Orange City Council Code of Conduct

TRIM Reference: 2015/148

The complainant left the Chamber and took no part in the discussion or voting on this item.

Cr Kidd provided an oral presentation to the meeting and then left the Chamber and took no part in the discussion or voting.

RESOLVED - 15/055 Cr K Duffy/Cr R Gander

1 That Council invite the subject Councillor to make an oral presentation to Council in relation to the recommended sanctions listed on pages 9 and 10 in the Final Report in accordance with clause 8.47 of the NSW Office of Local Government Procedures for the Administration of the Code of Conduct.

2 That Council note the oral presentation made by Councillor Kidd.

3 That Councillor Reg Kidd provide an apology to the Director of Corporate and Commercial Services with the item listed in the Council Agenda and that the apology be in the following terms:

“Mr Mayor, at the Council Meeting on 4 March 2014 Item 3A Funding Request – Racing Orange, I stated in Open Council that I had doubts over information provided by the Director Corporate and Commercial Services in relation to this item. I had no right or justification for making this allegation and apologise without reservation to the Director for my comments. I provide an undertaking that I will meet the requirements of Council’s Code of Conduct in the future and request Mr Mayor that a copy of this apology be included in the Minutes of this Council Meeting.”

4 That an apology from Councillor Kidd be provided with the item listed in the Council Agenda and that the apology be in the following terms:

“Mr Mayor, at the Council Meeting on 4 March 2014, Item 3A Funding Request – Racing Orange, I declared an interest in this matter but continued to comment on the item prior to leaving the Chamber. In accordance with the Code of Conduct and having declared an interest, I should have made no further comment and left the meeting. Accordingly, I apologise without reservation to the Council for this error and now assure Council that I will meet the requirements of the Code of Conduct in the future. I will adhere to all aspects of the Code and will not breach the Code of Conduct again. I request Mr Mayor that a copy of this apology be included in the Minutes of this Council Meeting.”

5 That a letter to the Editor of the Central Western Daily be organised and delivered to the Editor by the General Manager following signature by Councillor Kidd in the following terms:

“Dear Editor

At the Council Meeting of 4 March 2014, I expressed doubts over a staff report from the Director Corporate and Commercial Services submitted to Council in relation to Racing Orange. I had no right or justification for questioning the information provided by a member of staff and I have apologized without reservation to the Director”.

6 That further training be provided in respect of the Code of Conduct, the Procedures for Administration and Declarations of Interest for all elected members and in particular the definitions in respect of pecuniary interests, significant non pecuniary interests and less than significant non pecuniary interests

7 That on the Agenda of each future Council Meeting, the heading “Declaration of Interest” to be altered to “Declaration of Pecuniary Interests, significant Non Pecuniary Interests and less than significant Non Pecuniary Interests”.

8 That in future where there is found to be any breach of the Code of Conduct by Councillor Kidd, any Reviewer consider recommending to Council that Councillor Kidd be censured in accordance with the Local Government Act.

This decision was unanimous of those Councillors present.

The Meeting Closed at 8.20pm.

This is Page Number 11 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 17 February 2015.

Council Meeting 3 March 2015

5.2 Acquisition of Crown Land - Macquarie Pipeline Project

TRIM REFERENCE: 2015/460

AUTHOR: Roxanne Betts, Major Projects Administration Coordinator

EXECUTIVE Summary

Council commenced the acquisition of Crown Land Reserves for the Macquarie River to Orange Pipeline Project in June 2014 when agreement was reached to finalise the Aboriginal Land Claim on Lot 7001 DP 93431.

Council have been advised by the Office of Local Government that upon receipt of the Plan of Acquisition Notices (PAN’s), changes have occurred in respect to some of the parcels affected by the pipeline. Therefore, Council is required to amend the resolution made at the Council meeting held on 16 April 2013.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “15.2 Our Environment – Operate, maintain, renew and upgrade water, sewer and stormwater infrastructure assets and services as specified within the Asset Management Plans at agreed levels of service”.

Financial Implications

Nil

Policy and Governance Implications

Compulsory acquisition of Crown Lands is completed under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) and section 186 of the Local Government Act 1993 (NSW).

Recommendation

1 That Council approve the making of an application to the Minister for Local Government and the Governor for approval to amend the Proposed Acquisition Notice previously approved under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) to:

a) remove references in the Schedule to the following parcels:

i. ‘Crown Road Reserve adjoining Oaky Lane and Lookout Road – Easement for Macquarie Orange Pipeline Project (variable width) and affecting the part(s) shown so burdened in DP1178645’

ii. ‘DP1179042 – Lot 7002 DP1000865 – Easement for Macquarie Orange Pipeline Project (variable width) and affecting the part(s) shown so burdened in DP1179042’

iii. ‘Crown Road Reserve adjoining Spring Glen Road – Easement for Macquarie Orange Pipeline Project (variable width) and affecting the part(s) shown so burdened in DP1180098’

b) amend the following items in the Schedule by removing Lot 7001 DP93431 where it appears so that it will read as follows:

i. DP1184097 Lots 1, 2 and 3 DP1196966 – Easement for Macquarie Pipeline Project (6 wide and variable) and affecting the part(s) shown so burdened in DP1184097 and DP1196966

ii Crown Road adjoining Lots 1, 2 and 3 DP1196966 - Easement for Macquarie Pipeline Project (6 wide and variable) and affecting the part(s) shown so burdened in DP1184097 and DP1196966

iii. Lots 1 and 2 DP1196966 – Easement for overhead powerlines 20 wide and affecting the parts) shown so burdened in DP1184097 and DP1196966

iv. Crown Road adjoining Lot 1 DP1196966 - Easement for overhead power lines 20 wide and affecting the parts) shown so burdened in DP1184097 and DP1196966

2 That permission be granted to use the Council Seal on any documents as part of the compulsory acquisition process for the easements contained in an amended Proposed Acquisition Notice approved by the Minister for Local Government and the Governor.

3 That the General Manager be delegated authority to execute on behalf of Council any document associated with the compulsory acquisition.

4 That all land on as listed on the Schedule be classified operational.

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

At the Council meeting held on the 16 April 2013, Council resolved:

RESOLVED – 13/173 Cr Gryllis/Cr Hamling

1 That Council resolve to acquire by compulsory acquisition under section 186 of the Local Government Act 1993 (NSW), the easements set out below for the construction of the Macquarie River to Orange Pipeline Project (Easements).

Description of Easements

(a) Proposed Easement for Macquarie Pipeline variable width as shown in DP1181731 over:

(i) Crown Land as shown in DP1181731

(b) Proposed Easement for Macquarie Pipeline 6 wide and variable width as shown in DP1184097 over:

(i) Lot 7001 DP 93431

(ii) Roads as shown in DP1184097

(i) Lot 7001 DP93431

(vi) Roads as show in D1184097

(d) Proposed Easement for Macquarie Orange Pipeline Project Easement variable width as shown on DP1178645 over:

(i) Crown Land as shown in DP1178645.

(e) Proposed Easement for Macquarie Orange Pipeline Project easement variable width as shown in DP1179042 over:

(i) Lot 7002 in DP1000865; (NPWS lot)

(ii) Lot 33 in DP750372;

(iii) Lot 7019 in DP1061052;

(iv) Crown Land as shown in DP1179042.

(f) Proposed Easement for Macquarie Orange Pipeline Project variable width and 6 wide as shown in DP1180098 over:

(i) Lot 98 in DP750372;

(ii) Lot 2 in DP723794;

(iii) Lot 7005 DP 1016625;

(iv) Lot 7007 DP 1004449;

(v) Crown Land; and

(vi) Pt Ophir Road as shown in DP1180098.

(g) Proposed Easement for Macquarie Orange Pipeline Project as shown in DP1179411 over:

(i) Crown Land as shown in DP1179411

2 That Council approve the making of an application to the Minister for Local Government for the issue of a Proposed Acquisition Notice under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) with respect to the Easements.

3 That Council approve the making of submissions to the Minister for Local Government for a reduction in the Proposed Acquisition Notice period from ninety (90) days to sixty (60) days with respect to the Easements.

4 That the Common Seal of Council be affixed to any documents required to be sealed as part of the compulsory acquisition process for the Easements.

5 That the General Manager be delegated authority to execute on behalf of Council any document associated with the compulsory acquisition process that does not require the Common Seal of Council.

The Office of Local Government has advised Council that it requires a further resolution of Council to amend the original PANs issued to Minister for Local Government and the Governor. This is due to some landowners acquiring the Crown Road Reserves that existed on their properties when the resolution of Council was first determined.

When Council settled the Aboriginal Land Claim on Lot 7001 DP93431 (now known as Lot 1, 2 and 3 DP1196966), the Department of Crown Lands undertook a survey of that Lot. The plan is now registered with the Department of Lands and Property Information and the amendment to recommendation above allows for the new registered Lots 1, 2 and 3 DP1196966.

Attachments

1 Surveyor Plan - DP 1196966 - Long Point Road - Crown Land - Macquarie River to Orange Pipeline Project, D15/4458 ⇩


Image and Reputation	Many events are arranged by parties external to Orange City Council for events to be conducted within the Orange LGA. When the organisers of these events fail to adhere to the RMS Guidelines for Bicycle Road Races it places Council at risk of significant negative publicity if the event does not proceed.