ORANGE CITY COUNCIL
Ordinary Council Meeting
Agenda
2 May 2017
Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that a Ordinary meeting of ORANGE CITY COUNCIL will be held in the Council Chamber, Civic Centre, Byng Street, Orange on Tuesday, 2 May 2017 commencing at 7.00pm.
Garry Styles
General Manager
For apologies please contact Michelle Catlin on 6393 8246.
Council Meeting 2 May 2017
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 Acknowledgement of Country
COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE OPEN FORUM
3 Confirmation of Minutes of Previous Meeting
3.1 Minutes of the Ordinary Meeting of Orange City Council held on 18 April 2017
COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE POLICY COMMITTEES
4 Notices of Motion/Notices of Rescission
4.1 Environmental Learning Facility by Cr Jones
4.2 DA 4/2016(1) - 61B Moulder Street, Orange.
5.1 Lease of Hangar Site - Orange Airport
5.2 Identity of Code of Conduct complainant
6 Closed Meeting - See Closed Agenda
6.1 Acquisition of Part 260 McLachlan Street - Lot 1 DP 660547
6.2 Tender for Clergate Road street lighting
6.3 Expression of interest to sell Council land
7 Resolutions from closed meeting
1.1 Apologies and Leave of Absence
1.2 Acknowledgement of Country
I would like to acknowledge the Wiradjuri people who are the Traditional Custodians of the Land. I would also like to pay respect to the Elders both past and present of the Wiradjuri Nation and extend that respect to other Aboriginal Australians who are present.
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 18 April 2017 (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 18 April 2017. |
Attachments
1 Minutes of the Ordinary Meeting of Orange City Council held on 18 April 2017
ORANGE CITY COUNCIL
MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 18 April 2017
COMMENCING AT 7.00pm
1 Introduction
Attendance
Cr J Davis OAM (Mayor), Cr J Hamling (Deputy Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr N Jones, Cr S Munro, Cr G Taylor (7.38pm), Cr R Turner, Cr J Whitton
General Manager, Director Corporate and Commercial Services, Director Community, Recreation and Cultural Services, Manager Administration and Governance, Manager Corporate and Community Relations, Operations Manager, Works Manager, Manager Building and Environment, Acting Manager Development Assessment
1.1 APOLOGIES
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RESOLVED - 17/131 Cr K Duffy/Cr J Hamling That the apologies be accepted from Cr A Brown, Cr R Kidd and for lateness Cr G Taylor for the Council Meeting of Orange City Council on 18 April 2017. |
1.2 OPENING PRAYER
JON BAKER OF THE CHURCH OF CHRIST LED THE COUNCIL IN PRAYER
1.3 ACKNOWLEDGEMENT OF COUNTRY
1.4 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Item 5.4 - DA 4/2016(1) - 61B Moulder Street
Cr C Gryllis declared a less than significant non-pecuniary interest in this item as he is involved with the Architect as a managing agent.
Cr R Turner declared a less than significant non-pecuniary interest in this item as he is a close personal friend of some of the objectors.
The Mayor and Cr Gryllis welcomed Mr Jeff Hort from Jeff Hort Engineering, Abraham and Alison Akkary, Missionaries, and Michael Alpeno and Paul Foki from Mt Hagen. Michael and Paul are in Orange working with Jeff Hort Engineering to obtain welding certificates.
2 Mayoral Minutes
Nil
3 Confirmation of Minutes of Previous Meeting
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RESOLVED - 17/132 Cr S Munro/Cr R Gander That the Minutes of the Ordinary Meeting of Orange City Council held on 4 April 2017 (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 4 April 2017. |
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.13PM
OPEN FORUM
Item 5.4 – Development Application - 61B Moulder Street, Orange
Mr Ian Carter
Mr Carter outlined his objection to the development.
Mr Peter Grant
Mr Grant outlined his objection to the development.
Mr Scott Gilbank
Mr Gilbank outlined his objection to the development.
Ms Sarah Carter
Ms Carter outlined her objection to the development.
Ms Sally Sutherland
Ms Sutherland, Architect for the development at 61B Moulder Street, sought Council’s approval for the development.
** Cr Taylor arrived at the meeting with the time being 7.38pm **
Mr Daniel Fock
Mr Fock outlined his objections to the development.
THE OPEN FORUM CONCLUDED AT 7.49PM
4 Notices of Motion/Notices of Rescission
Nil
5 General Reports
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5.1 Recommendations and Resolutions from Policy Committees TRIM Reference: 2017/665 |
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RESOLVED - 17/133 Cr J Whitton/Cr R Gander 1 That the resolutions made by the Planning and Development Committee at its meeting held on 4 April 2017 be noted. 2 That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 4 April 2017 be noted. 3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 4 April 2017 be noted. 4 That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 4 April 2017 be noted. 5 That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 4 April 2017 be noted. 6 That the resolutions made by the Finance Policy Committee at its meeting held on 4 April 2017 be noted. 7 That the resolutions made by the Services Policy Committee at its meeting held on 4 April 2017 be noted. |
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5.2 Outstanding Questions Taken on Notice TRIM Reference: 2017/666 |
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RESOLVED - 17/134 Cr R Turner/Cr J Hamling That the information provided in the report by the Manager Administration and Governance on Questions Taken on Notice be acknowledged. |
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QUESTION TAKEN ON NOTICE Cr Duffy requested the information on bats in Cook Park include reference to how Singleton have managed this issue. |
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5.3 Statement of Investments - March 2017 TRIM Reference: 2017/634 |
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RESOLVED - 17/135 Cr C Gryllis/Cr K Duffy 1 That Council receives the Statement of Investments as at 31 March 2017. 2 That Council receives and adopts the certification of the Responsible Accounting Officer.
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5.4 Development Application DA 4/2016(1) - 61B Moulder Street TRIM Reference: 2017/655 |
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Cr C Gryllis declared a less than significant non-pecuniary interest in this item as he is involved with the Architect as a managing agent, left the Chamber, and did not participate in the voting or debate on this item. Cr R Turner declared a less than significant non-pecuniary interest in this item as he is a close personal friend of some of the objectors, left the Chamber, and did not participate in the voting or debate on this item. |
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MOTION Cr N Jones/Cr J Whitton That Council refuse DA 4/2016(1) for Dwelling Alterations and Additions at Lot 13 DP 1037756 - 61B Moulder Street, Orange, and a report be provided to Council outlining grounds for refusal. |
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AMENDMENT Cr S Munro/Cr R Gander That consideration of DA 4/2016(1) for Dwelling Alterations and Additions at Lot 13 DP 1037756 - 61B Moulder Street, Orange, be deferred pending an independent heritage consultant report on the development. |
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THE AMENDMENT, ON BEING PUT, WAS TIED. THE MAYOR USED THE CASTING VOTE AGAINST THE AMENDMENT, WHICH WAS LOST. THE MOTION, ON BEING PUT, WAS TIED. THE MAYOR USED THE CASTING VOTE AGAINST THE MOTION, WHICH WAS LOST. |
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RESOLVED - 17/136 Cr J Davis/Cr S Munro That Council consents to development application DA 4/2016(1) for Dwelling Alterations and Additions at Lot 13 DP 1037756 - 61B Moulder Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.
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Division of Voting |
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Voted For |
Cr J Davis (Mayor), Cr R Gander, Cr J Hamling, Cr S Munro, Cr G Taylor |
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Voted Against |
Cr K Duffy, Cr J Whitton, Cr N Jones |
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Absent |
Cr C Gryllis, Cr R Kidd, Cr R Turner, Cr A Brown |
* Cr Duffy gave notice of a Rescission Motion on DA 4/2016(1) – 61B Moulder Street. *
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5.5 Draft Orange Local Environmental Plan 2011 - Amendment 19 - 386 Molong Road TRIM Reference: 2017/627 |
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RESOLVED - 17/137 Cr R Turner/Cr R Gander 1 That Council support the concept plan as the basis for a planning proposal being forwarded to the Department of Planning and Environment for consideration and a Gateway Determination. 2 That, subject to the conditions and requirements of a Gateway Determination, the planning proposal be placed on public exhibition for 28 days.
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Division of Voting |
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Voted For |
Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton, Cr N Jones |
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Voted Against |
Nil |
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Absent |
Cr R Kidd, Cr A Brown |
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5.6 Identity of Code of Conduct Complainant TRIM Reference: 2017/324 |
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RESOLVED - 17/138 Cr G Taylor/Cr S Munro 1 That Council note advice from the Office of Local Government that the identity of the Code of Conduct complainant not be revealed. 2 That a legally prepared statutory declaration be prepared for Councillors to sign on a voluntary basis to state they are not the complainant in the Code of Conduct matter relating to the 24 allegations.
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QUESTION TAKEN ON NOTICE Cr Hamling asked what would happen with any completed statutory declarations. The Mayor indicated these would be reported to Council. |
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5.7 Naming of Showground Pavilion TRIM Reference: 2017/137 |
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MOTION Cr R Gander/Cr C Gryllis 1 That Council name the newly constructed Pavilion at the Orange Showground the “Presidents’ Pavilion”. 2 That the Red Arch be named after the Naylor Family, and in the event that the Red Arch is replaced, that its replacement carries that name. |
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AMENDMENT Cr G Taylor/Cr J Whitton That Council name the newly constructed pavilion at the Orange Showground the “Naylor Pavilion”. |
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THE AMENDMENT, ON BEING PUT, WAS TIED. THE MAYOR USED THE CASTING VOTE IN FAVOUR OF THE AMENDMENT, WHICH WAS CARRIED AND BECAME THE MOTION. THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED |
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RESOLVED - 17/139 Cr G Taylor/Cr J Whitton That Council name the newly constructed pavilion at the Orange Showground the “Naylor Pavilion”. |
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5.8 Robertson Park Toilets TRIM Reference: 2017/676 |
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MOTION Cr K Duffy/Cr C Gryllis That Council proceed with Option 1 for the construction of the toilet block incorporated into the CWA building in Robertson Park at a cost of $500,000. |
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AMENDMENT Cr N Jones/Cr S Munro That pending formal agreement with the CWA, Council proceed with option 2 as outlined in the report to build the Robertson Park toilet using the budget allocation of $230,000 (ex GST) plus up to $40,250 from reserves as follows: 1 Up to $25,000 (ex GST) for works on the CWA Hall 2 Up to $225,500 (ex GST) for works to construct the amenity and for fees for the project, including project management fees 3 Up to $19,750 (ex GST) being identified as contingency monies for any unknown issue that arises during the project build, held for allocation if necessary. |
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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 - 17/140 Cr N Jones/Cr S Munro That pending formal agreement with the CWA, Council proceed with option 2 as outlined in the report to build the Robertson Park toilet using the budget allocation of $230,000 (ex GST) plus up to $40,250 from reserves as follows: 1 Up to $25,000 (ex GST) for works on the CWA Hall 2 Up to $225,500 (ex GST) for works to construct the amenity and for fees for the project, including project management fees 3 Up to $19,750 (ex GST) being identified as contingency monies for any unknown issue that arises during the project build, held for allocation if necessary. |
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5.9 Proposed Southern Link Cycleway TRIM Reference: 2017/591 |
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RESOLVED - 17/141 Cr C Gryllis/Cr R Turner That the update on the Southern Link Cycleway be acknowledged.
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5.10 Update - Improved Operating Procedures for Valves and Hydrants TRIM Reference: 2017/529 |
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RESOLVED - 17/142 Cr R Turner/Cr S Munro That Council acknowledge the update report by the Water and Sewerage Strategic Manager on Improved Operating Procedures for Valves and Hydrants, including the intention to include a skid mounted vacuum unit and truck valued at $200,000 as an initiative in the 2017/18 budget.
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QUESTION TAKEN ON NOTICE Cr Duffy asked a series of questions which will be the subject of a further report. |
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5.11 Tenders and Procurement TRIM Reference: 2017/633 |
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RESOLVED - 17/143 Cr S Munro/Cr K Duffy That the report on Tenders and Procurement by the Director Technical Services be acknowledged.
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5.12 North Sydney Council correspondence TRIM Reference: 2017/674 |
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RESOLVED - 17/144 Cr C Gryllis/Cr R Turner That Council note the report on North Sydney Council’s withdrawal from LGNSW.
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5.13 Brand Orange Funding Agreement TRIM Reference: 2017/679 |
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RESOLVED - 17/145 Cr K Duffy/Cr S Munro That Council note the report on the Brand Orange funding agreement update, noting that failure of delivery of an item identified in the funding agreement may result in a reduction in the total cost of the services by up to $20,000.
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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.
Danielle Cetinski asked why Item 6.2 is being considered in closed.
Cyril Smith asked why Item 6.2 is being considered in closed.
The General Manager explained the item includes confidential information from the applicant.
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RESOLVED - 17/146 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 Gold Coast 2018 Commonwealth Games Queen's Baton Relay Council Selected Batonbearer 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 Duntryleague Seeking Conversion of Loan 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 Outstanding Water Charges - Request to Write Off 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. |
The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 9.49pm.
The Mayor declared the Ordinary Meeting of Council resumed at 10.44pm.
7 Resolutions from Closed Meeting
The Manager Administration and Governance read out the following resolutions made in the Closed Meeting of Council.
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6.1 Gold Coast 2018 Commonwealth Games Queen's Baton Relay Council Selected Batonbearer TRIM Reference: 2017/587 |
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RESOLVED - 17/147 Cr R Gander/Cr C Gryllis That the Mayor and General Manager develop a shortlist of possible Batonbearers for the Queen’s Baton Relay, consistent with the selection and eligibility criteria, for Council’s determination at the next Council Meeting.
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6.2 Duntryleague seeking conversion of loan TRIM Reference: 2017/607 |
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RESOLVED - 17/148 Cr C Gryllis/Cr J Davis That Council advise Duntryleague Golf Club that it does not consent to the conversion of the $66,000 interest free loan to a donation but will allow payments over the remaining term of the loan of $2,129.03 per month, noting any default will cancel the repayment plan and require full settlement of all outstanding amounts.
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RESOLVED - 17/149 Cr C Gryllis/Cr J Davis That Council place on exhibition the intention to donate to Duntryleague Golf Club, the costs of the removal of a tree for a value of up to $2,700 (ex GST) to be paid for from $850 from the Waste Budget for Materials and Contracts and the balance from the Urban Street Tree Care budget, bringing a report back to Council on any submissions received.
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6.3 Outstanding Water Charges - Request to Write Off TRIM Reference: 2017/629 |
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RESOLVED - 17/150 Cr C Gryllis/Cr R Gander That Council pursue full debt collection for all outstanding rates and charges on all properties identified in this report.
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The Meeting Closed at 10.46pm
This is Page Number 13 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 18 April 2017.
4 Notices of Motion/Notices of Rescission
TRIM REFERENCE: 2017/761
I, CR Neil Jones wish to move the following Notice of Motion at the Council Meeting of 2 May 2017:
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1 That Council receive a report on the maintenance needs of the Environmental Learning Facility at the Orange Showground. 2 That Council investigate broader community occupation and use of the ELF.
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Background
The Environmental Learning Facility was constructed in 2003 with support from Orange City Council, NetWaste, the community and a range of businesses.
The Environmental Learning Facility is a multi-functional centre for learning and was designed to provide a working demonstration of the technologies available for developing more ecologically sustainable lifestyles.
The building initially accommodated the NetWaste staff, but last year NetWaste relocated to commercial premises and since that time, the building has been subject to increasing vandalism and limited community use.
Signed Cr Neil Jones
Financial Implications
Funding has recently been made available to install crim-safe meshing on all glass surfaces at the Centre to reduce impacts of vandalism.
POLICY AND GOVERNANCE IMPLICATIONS
A number of vandalism events have occurred over recent months at the Environmental Learning Facility. Council has written to residents around the Showground to encourage them to report to police any issues or concerns they become aware of in relation to vandalism at the Centre.
The Centre is not available for private hire, but is made available for community, not-for-profit groups to conduct meetings and training, and is used regularly by Council for staff meetings, training and workshops.
Average usage is around 15% over the last six months, predominantly for Council use.
TRIM REFERENCE: 2017/803
We, Cr Kevin Duffy, CR JEFF WHITTON and CR NEIL JONES wish to move the following Notice of Rescission at the Council Meeting of 2 May 2017:
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That Council rescind the resolution of Item 5.4 – DA 4/2016(1) – 61B Moulder Street, Orange of the Council Meeting held on 18 April 2017. RESOLVED - 17/001 Cr J Davis/Cr S Munro That Council consents to development application DA 4/2016(1) for Dwelling Alterations and Additions at Lot 13 DP 1037756 - 61B Moulder Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.
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(Original signed)
Signed Cr Kevin Duffy Cr Jeff Whitton Cr Neil Jones
STAFF COMMENT
If Council resolves to rescind the decision of Council in relation to DA 4/2016(1) - 61B Moulder Street, the report regarding the Development Application will be presented to the next Council Meeting.
TRIM REFERENCE: 2017/709
AUTHOR: Michelle Catlin, Manager Administration and Governance
EXECUTIVE Summary
This report seeks Council’s agreement to enter into a lease of Hangar N at the Orange Airport. This site is the subject of a prior lease that has now expired, and a Council resolution is required to finalise a new lease for the hangar.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “1.3 Our City - Ensure a robust framework that supports the community’s and Council’s current and evolving activities, services and functions”.
Financial Implications
The lease fees will be as per Council’s Schedule of Fees and Charges, implemented on a gradual basis. The income for the first year will be in the order of $3,300.
Policy and Governance Implications
The lease for Hangar N will be the standard lease for hangar space at the Airport.
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1 That Council enter into a five year lease, with three five year options, for Hangar N at the Orange Airport. 2 That approval be granted for the use of the Council Seal on any necessary documentation if required. |
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 current lease of Hangar N at the Orange Airport to Doctor Derek Davies has expired, and a new lease is required to continue occupation of the space at the airport.
Hangar N is shown on the aerial view below.
TRIM REFERENCE: 2017/818
AUTHOR: Garry Styles, General Manager
EXECUTIVE Summary
At its meeting held on 18 April 2017, Council resolved:
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5.6 Identity of Code of Conduct Complainant TRIM Reference: 2017/324 |
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RESOLVED - 17/138 Cr G Taylor/Cr S Munro 1 That Council note advice from the Office of Local Government that the identity of the Code of Conduct complainant not be revealed. 2 That a legally prepared statutory declaration be prepared for Councillors to sign on a voluntary basis to state they are not the complainant in the Code of Conduct matter relating to the 24 allegations. |
This report provides advice that the implementation of part 2 of this resolution would be contrary to the Procedures for the Administration of the Code of Conduct.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “1.2 Our City - Information and advice provided for the decision-making process will be succinct, reasoned, accurate, timely and balanced”.
Financial Implications
Nil
Policy and Governance Implications
Council must adhere to the requirements set out in the Code of Conduct and Procedures for the Administration of the Code of Conduct.
The General Manager is required under Section 335 of the Local Government Act to implement lawful decisions of the Council. Any decision deemed to be “unlawful” does not come under s335.
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That the advice from the Office of Local Government, that Council’s resolution “That a legally prepared statutory declaration be prepared for Councillors to sign on a voluntary basis to state they are not the complainant in the Code of Conduct matter relating to the 24 allegations” is contrary to the Code of Conduct and Procedures for the Administration of the Code of Conduct be acknowledged, and that this resolution not be enacted. |
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 its meeting held on 18 April 2017, Council resolved:
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5.6 Identity of Code of Conduct Complainant TRIM Reference: 2017/324 |
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RESOLVED - 17/138 Cr G Taylor/Cr S Munro 1 That Council note advice from the Office of Local Government that the identity of the Code of Conduct complainant not be revealed. 2 That a legally prepared statutory declaration be prepared for Councillors to sign on a voluntary basis to state they are not the complainant in the Code of Conduct matter relating to the 24 allegations. |
Advice has been sought from the Office of Local Government in relation to the legality of this resolution. The Office of Local Government have advised:
To the extent that this may be calculated to identify the complainant in the 24 matters referred to in the resolution, the Office would see this as contrary to the requirement under clause 13.1 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW that information about code of conduct complaints and the management and investigation of code of conduct complaints is to be treated as confidential and is not to be publicly disclosed.
The preparation of such a statutory declaration may also potentially be inconsistent with clause 8.1 of the Model Code of Conduct for Local Councils in NSW which provides that: “You must not conduct yourself in a manner that is likely to undermine confidence in the integrity of this code or its administration.”
Giving effect to this resolution would be contrary to the Code of Conduct and Procedures, in the sense that it is an attempt to circumvent the privacy provisions of the Procedures for the Administration of the Code of Conduct. Based on this advice, the preparation of a statutory declaration by staff would be inappropriate, and any Councillor doing so individually would be at risk of breaching the Code of Conduct as identified in the advice from the Office of Local Government.
It is recommended that this resolution not be enacted.
6 Closed Meeting - See Closed Agenda
The General Manager 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 Acquisition of Part 260 McLachlan Street - Lot 1 DP 660547 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 Tender for Clergate Road street lighting 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 Expression of interest to sell Council land 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. |
6.1 Acquisition of Part 260 McLachlan Street - Lot 1 DP 660547
TRIM REFERENCE: 2017/726
AUTHOR: Michelle Catlin, Manager Administration and 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 (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 Tender for Clergate Road street lighting
TRIM REFERENCE: 2017/727
AUTHOR: Mark Frecklington, Assistant Works Manager
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 (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 Expression of interest to sell Council land
TRIM REFERENCE: 2017/812
AUTHOR: Kathy Woolley, Director Corporate and Commercial Services
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 (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.