ORANGE CITY COUNCIL

Ordinary Council Meeting

 

Agenda

 

7 November 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, 7 November 2017  commencing at 7.00pm.

 

 

Garry Styles

General Manager

 

For apologies please contact Michelle Catlin on 6393 8246.

    

 

Agenda

EVACUATION PROCEDURE

In the event of an emergency, the building may be evacuated. You will be required to vacate the building by the rear entrance and gather at the breezeway between the Library and Art Gallery buildings. This is Council's designated emergency muster point.

Under no circumstances is anyone permitted to re-enter the building until the all clear has been given and the area deemed safe by authorised personnel.

In the event of an evacuation, a member of Council staff will assist any member of the public with a disability to vacate the building.

  

1                Introduction.. 4

1.1            Apologies and Leave of Absence. 4

1.2            Acknowledgement of Country. 4

1.3            Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests. 4

2                Mayoral Minutes. 4

Nil

COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE OPEN FORUM

COUNCIL MEETING RESUMES

3                Confirmation of Minutes of Previous Meeting.. 4

3.1            Minutes of the Ordinary Meeting of Orange City Council held on 17 October 2017  5

COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE POLICY COMMITTEES

COUNCIL MEETING RESUMES

4                Notices of Motion/Notices of Rescission.. 16

4.1            Notice of Motion - Activities for Young People by Cr Romano. 16

4.2            Notice of Motion - Recreational Use - Suma Park Dam, Spring Creek Dam and Gosling Creek by Cr Romano. 17

4.3            Notice of Motion - Local Hotmix Plant by Cr Whitton. 25

5                General Reports. 31

5.1            Community Committee Framework. 31

5.2            Private Hospital Precinct Planning Agreement 82

5.3            Strategic Policy Review.. 86

5.4            Christmas/New Year Recess. 176

5.5            Lease of Hangar Sites - Orange Airport 178

5.6            Quarterly Budget Review and Performance Indicators. 180

5.7            Ministerial Approval Request to Form the Regional Independent Tourism Entity  282

5.8            Independent Members of the Audit and Risk Management Committee. 421

5.9            Operational Management of the Ophir Road Resource Recovery Centre. 539

6                Closed Meeting - See Closed Agenda.. 541

6.1            Tender for Contract Project Management Services. 542

7                Resolutions from closed meeting.. 543

 

1       Introduction

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.

1.3     Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests

The provisions of Chapter 14 of the Local Government Act, 1993 (the Act) regulate the way in which Councillors and designated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public role.

The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest must be disclosed as soon as practicable after the start of the meeting and the reasons given for declaring such interest.

As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussion or voting on that matter, and requires that member to vacate the Chamber.

Council’s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code of Conduct also provides for a number of ways in which a member may manage non pecuniary conflicts of interest.

Recommendation It is recommended that Councillors now disclose any conflicts of interest in matters under consideration by the Council at this meeting.

 

2       Mayoral Minutes

Nil       

3       Confirmation of Minutes of Previous Meeting

RECOMMENDATION That the Minutes of the Ordinary Meeting of Orange City Council held on 17 October 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 17 October 2017.

 

Attachments

1        Minutes of the Ordinary Meeting of Orange City Council held on 17 October 2017

ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 17 October 2017

COMMENCING AT 7.00pm

 1      Introduction

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

General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Manager Administration and Governance, Manager Corporate and Community Relations, Operations Manager, Works Manager, Manager Waste Services and Technical Support

 

RESOLVED - 17/432                                                                      Cr J Whitton/Cr S Romano That Council permit the Central Western Daily to livestream the meeting, media to film the meeting and a CSU student to record the Council Meeting of 17 October 2017.

 

JON BAKER OF THE CHURCH OF CHRIST LED THE COUNCIL IN PRAYER

 

 

Cr J McRae declared a significant non-pecuniary interest in Item 5.7 (Requests for Financial Assistance - 1a – Donation to Rotary  Club of Orange Daybreak) – as a member of the Board of Rotary Club of Orange Daybreak.

Cr J Whitton declared a pecuniary interest in Items 4.1, 4.2, 6.1 (Orange Airport Industrial Park) as a family member lives in the precinct of the Airport.

Cr J Hamling declared a pecuniary interest in Item 5.9 (Stronger Country Communities) as he has a commercial arrangement with Housing Plus.

 

2       Mayoral Minutes

Nil 

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.03PM

 

OPEN FORUM 

Item 4.1 – Orange Local Environmental Plan Amendment 9 – Orange Airport Industrial Park

Anne Salter

Ms Salter outlined her objection to the Orange Airport Industrial Park proposal.

Kerry Rains

Ms Rains outlined her objection to the Orange Airport Industrial Park proposal.

Jason Vials

Mr Vials outlined his objection to the Orange Airport Industrial Park proposal.

Brock Skelton

Mr Skelton outlined his support of the Orange Airport Industrial Park and requested Council continue to support the project.

Tim Wise

Mr Wise outlined his objection to the Orange Airport Industrial Park proposal.

Susannah Playfair

Ms Playfair spoke on behalf of the Spring Hill and Surrounding Districts Consultative Committee, and outlined the Committee’s objections to the proposal.

John Holliday

Mr Holliday outlined his objection to the Orange Airport Industrial Park proposal.

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.50PM

 

3       Confirmation of Minutes of Previous Meeting

 

RESOLVED - 17/433                                                                             Cr K Duffy/Cr S Munro That the Minutes of the Ordinary Meeting of Orange City Council held on 3 October 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 3 October 2017.

 

 

4       Notices of Motion/Notices of Rescission

4.1     Orange Local Environmental Plan Amendment 9 - Orange Airport Industrial Park TRIM Reference:        2017/2113

Cr J Whitton declared a pecuniary interest in Item 4.1 as a family member lives in the precinct of the Airport, left the Chamber, and did not participate in the voting or debate on this item.

RESOLVED - 17/434                                                                            Cr S Munro/Cr J McRae That Council rescind its decision made at the Council Meeting held on 22 June 2017: RESOLVED - 17/266                                                                                   Cr J Davis/Cr R Turner 1        That, having considered the report by the Director Development Services and the submissions made following exhibition, Council resolves in accordance with Section 59 of the Environmental Planning and Assessment Act 1979 to proceed with Amendment 9 to Orange Local Environmental Plan 2011 subject to: ·      the proposed IN1 General Industrial zone being altered to IN2 Light Industrial zone and including as additional permissible uses Rural Industries, Agricultural Produce Industries and Freight Transport Facilities ·      an Additional Permitted Use listing being added to schedule 1 of the Local Environmental Plan to enable Industrial Training Facilities in the proposed B7 area 2        That in the event that the additional permissible uses for Rural Industries, Agricultural Produce Industries and Freight Transport Facilities are not included for land in the IN2 Light Industrial Zone, the IN1 General Industrial zone in the original proposal be maintained. 3        That as the changes are made to address community submissions and in consultation with the Department of Planning and Environment, the proposal not be re-exhibited. 4        That, in consultation with the Department of Planning and Environment, the proposal be forwarded to the Parliamentary Counsel Office for legal opinion and subject to a satisfactory outcome the matter being submitted to Department of Planning and Environment for final determination and publication.

 

CR TAYLOR AND CR DUFFY CALLED FOR A DIVISION OF VOTING

 

Division of Voting
Voted For	Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr K Duffy, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr S Romano
Voted Against	Cr J Hamling, Cr G Taylor, Cr R Turner
Absent	Cr J Whitton

 

4.2     Orange Airport Industrial Park by Crs Duffy, Kidd, Munro, Mileto and McRae TRIM Reference:        2017/2107

Cr J Whitton declared a pecuniary interest in Item 4.2 as a family member lives in the precinct of the Airport, left the Chamber, and did not participate in the voting or debate on this item.

MOTION                                                                                              Cr K Duffy/Cr S Nugent That Council resolve to withdraw, from the Department of Planning and Environment, proposed Amendment 9 of the Orange Local Environment Plan 2011, described as Orange Airport Industrial Park.

AMENDMENT                                                                                     Cr G Taylor/Cr R Turner That Council suspend the airport rezoning and undertake further work including: 1        A business plan for the airport business park rezoning site. 2        A thorough response to issues raised. 3        An investigation into alternative sites. 4        The development of a plan to identify a variety of land sizes and types for future employment and industrial uses.

THE AMENDMENT ON BEING PUT TO THE MEETING WAS LOST THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

RESOLVED - 17/435                                                                            Cr K Duffy/Cr S Nugent That Council resolve to withdraw, from the Department of Planning and Environment, proposed Amendment 9 of the Orange Local Environment Plan 2011, described as Orange Airport Industrial Park.

 

Division of Voting
Voted For	Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr K Duffy, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr S Romano
Voted Against	Cr J Hamling, Cr G Taylor, Cr R Turner
Absent	Cr J Whitton

 

MATTER ARISING

RESOLVED - 17/436                                                                             Cr K Duffy/Cr S Munro 1     That Council seek the support of Cabonne Council and Blayney Shire Council to review the 2006 Sub-Regional Rural and Industrial Land Use Strategy. 2     That Council seek funding from the State and Federal Governments for this study.

4.3     Revitalising the Central Business District by Cr Nugent TRIM Reference:        2017/2119

RESOLVED - 17/437                                                                           Cr S Nugent/Cr J McRae 1        That Council’s communication strategy on the Orange Central Business District revitalisation project be brought forward and commence before the end of 2017 to inform the community about the timing, strategies and opportunities for input into the project. 2        That the Council, in consultation with key stakeholders including the Orange Business Chamber and Central NSW Business HQ, lead a business and community engagement forum to communicate the planned strategies of Council and provide an avenue for consultation to revitalise the Orange Central Business District.

 

QUESTION TAKEN ON NOTICE                                                                                                    Cr Taylor requested a report on the background and cost of the supply and installation of the bike rack in the Anson Street carpark.

 

4.4     Carrington Hotel Re-Development by Cr Nugent TRIM Reference:        2017/2120

RESOLVED - 17/438                                                                           Cr S Nugent/Cr J McRae 1        That, in relation to the Carrington Hotel re-development considered at the Council Meeting of Tuesday 3 October 2017 (Item 5.3 Development Application 129-131 Byng Street), Council: a        Write to Mr Euan Green and thank him for his detailed written submission on the history of the Carrington Hotel, as well as his presentation to Council at its meeting on October 3rd. b        Provide Councillors with information on: ·      the detailed landscape plan for the site (once developed) including the tree species proposed for the five new trees shown on the approved plan. ·      the specific location of the bicycle rack to be included in the development. c        Request Council’s Heritage Adviser to prepare a report assessing the Carrington Hotel against the relevant criteria to warrant being identified as an individual heritage item. 2        That Council consult with the property owner in relation to a possible heritage listing of this site.

 

QUESTION TAKEN ON NOTICE  Cr Duffy requested information on the status of the recruitment of Council’s Heritage Advisor. The General Manager confirmed information will be provided to Councillors.

5       General Reports

5.1     Outstanding Questions Taken on Notice TRIM Reference:        2017/1958

RESOLVED - 17/439                                                                        Cr J Whitton/Cr S Nugent That the information provided in the report by the Manager Administration and Governance on Questions Taken on Notice be acknowledged.

 

MATTER ARISING

RESOLVED - 17/440                                                                             Cr J Hamling/Cr R Kidd That a report be prepared on the cost of installing CCTV surveillance at the John Lomas Skate park, with the report to include options available in the event that those responsible for vandalising the facility can be identified.

 

5.2     Statement of Investments - September 2017 TRIM Reference:        2017/2115

RESOLVED - 17/441                                                                             Cr K Duffy/Cr S Munro 1        That Council receives the Statement of Investments as at 30 September 2017. 2        That Council receives and adopts the certification of the Responsible Accounting Officer.

 

5.3     Policy Committees of Council TRIM Reference:        2017/1811

RESOLVED - 17/442                                                                        Cr S Nugent/Cr J Hamling That Council determine the Policy Committee Structure.

 

RESOLVED - 17/443                                                                         Cr J Whitton/Cr G Taylor That Council establish the following Policy Committees for the 2017/18 term. a        Planning and Development b        Employment and Economic Development c        Infrastructure d        Sport and Recreation e        Environmental Sustainability f        Finance g        Services

 

RESOLVED - 17/444                                                                          Cr J Whitton/Cr J McRae That the method of voting for the election of Policy Committee Chairpersons be ordinary ballot.

 

RESOLVED - 17/445                                                                             Cr J Hamling/Cr R Kidd That the General Manager, acting as Returning Officer, conduct the election for the Policy Committee Chairpersons.

 

The General Manager declared the election of the following Chairpersons:

a        Planning and Development – Cr Turner

b        Employment and Economic Development – Cr Whitton

c        Infrastructure – Cr Romano

d        Sport and Recreation – Cr Hamling

e        Environmental Sustainability – Cr Nugent

f        Finance – Cr McRae

g        Services – Cr Duffy

 

CR MILETO PRESENTED TO THE MAYOR AND COUNCIL A CERTIFICATE OF APPRECIATION FROM THE ASBESTOS EDUCATION COMMITTEE FOR COUNCIL’S SUPPORT OF ASBESTOS AWARENESS MONTH

 

** Cr Hamling left the meeting with the time being 9.45pm **

 

5.4     Centroc Board Report TRIM Reference:        2017/1973

RESOLVED - 17/446                                                                           Cr R Turner/Cr T Mileto That the report from the General Manager on the Centroc Board Meeting 10 August 2017 at Parliament House in Canberra be acknowledged.

 

 

5.5     Local Government NSW Annual Conference 2017 TRIM Reference:        2017/1972

RESOLVED - 17/447                                                                                 Cr R Kidd/Cr K Duffy That the Council attendees to the Local Government NSW Annual Conference 2017 to be held 4-6 December 2017 at the Hyatt Regency, Sydney, be Cr Kidd (voting delegate), Cr Duffy (voting delegate), Cr Whitton (voting delegate), Cr McRae and Cr Nugent, with Cr Romano and Cr Munro as possible attendees.

 

5.6     Annual Waste Diversion and Education Strategy Implementation - 2016/17 TRIM Reference:        2017/1991

RESOLVED - 17/448                                                                          Cr R Turner/Cr S Nugent That the information provided in the report on Annual Waste Diversion and Education Strategy Implementation – 2016/17 be acknowledged.

 

QUESTIONS TAKEN ON NOTICE  Cr McRae requested information on what actions have been taken in those waste diversion areas where targets have not been achieved.

 

Cr Kidd advised he would consider the possibility of providing certification for bricks from the Maternity Ward of the former Orange Base Hospital.

 

5.7     Requests for Financial Assistance TRIM Reference:        2017/2092

Cr J McRae declared a significant non-pecuniary interest in this item (1a – Donation to Rotary Club of Orange Daybreak) – as a member of the Board, left the Chamber, and did not participate in the voting or debate on this item.

RESOLVED - 17/449                                                                           Cr R Turner/Cr S Munro That Council approve the following donation to be funded from the General Donations and Major Promotions budget allocation (amount is exclusive GST): Gold Sponsorship of the Classic Cars, Food and Wine event being hosted by Rotary Club of Orange Daybreak with the donation being made up of in-kind services up to a value of $2,000.00 for footpath sweeping, hanging of banners at the site, promotional materials in the Visitor Information Centre and on Council’s website and the supply of water to the venue for seven days.

** Cr McRae returned to the Chamber. **

RESOLVED - 17/450                                                                          Cr S Nugent/Cr S Munro That Council approve the following donation to be funded from the General Donations and Major Promotions budget allocation (amount is exclusive GST): ·         $1,313.00 donation in cash plus the use of the West/East Rooms for workshops on two days for no charge be provided to the Orange Cowra Cabonne Science Hub for the CORRIDOR project.

 

RESOLVED - 17/451                                                                               Cr S Munro/Cr R Kidd That Council approve the following donations to be funded from the Sports Services and Promotions budget (all amounts exclusive of GST): a     A cash donation of $1,500.00 and an in-kind donation valued at $200.00 for a logo painted on field to Orange CYMS Rugby League Club Group 10 Grand Finals. b     An in-kind donation valued at $200.00 for the logo painted on field and use of bollards to Orange Emus Rugby Club for the Central West Rugby Union Grand Finals.

MATTER ARISING

RESOLVED - 17/452                                                                           Cr J McRae/Cr S Nugent That Council seek further information on the actual expenditure of the Group 10 Rugby League Grand Final event.

 

RESOLVED - 17/453                                                                             Cr S Munro/Cr K Duffy That a donation of $200.00 (ex GST) be made from the Sports Participation Program to Special Olympics Central West Region Club for attendance at the Special Olympics National Games.

 

 

5.8     New Community Strategic Plan TRIM Reference:        2017/2134

RESOLVED - 17/454                                                                        Cr S Romano/Cr S Munro That the report by the Manager Corporate and Community Relations on the new Community Strategic Plan be acknowledged.

 

 

 

5.9     Stronger Country Communities Priorities TRIM Reference:        2017/2139

Cr J Hamling declared a pecuniary interest in Item 5.9 (Stronger Country Communities) as he has a commercial arrangement with Housing Plus. Cr Hamling had left the meeting prior to this item and did not participate in the debate or voting.

RESOLVED - 17/455                                                                         Cr S Romano/Cr T Mileto That Council confirm the following priority of the projects to be submitted to the Stronger Country Communities Fund: 1        Domestic Violence Crisis Centre 2        Robertson Park Toilets 3        Jack Brabham amenities 4        Footpaths 5        Under awning lighting 6        Upgrades for Rotary Park and Somerset Parks 7        Wade Park lighting 8        Orange Presbyterian Church child safe playground and parking 9        Hockey Field

 

QUESTIONS TAKEN ON NOTICE  Cr Munro requested a report be prepared on whether the Pay It Forward facility in Peisley Street could be used as a domestic violence crisis centre.

 

Cr Romano requested a report on the current status of the BMX track.

 

 

6       Closed Meeting

 

RESOLVED - 17/456                                                                          Cr S Munro/Cr S Nugent 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     Employment Generating Developments - Background Documents This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (d)i commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and (d)ii information that would, if disclosed, confer a commercial advantage on a competitor of the council.

 

    

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 10.30PM.

The Mayor declared the Ordinary Meeting of Council resumed at 10.35PM.

 

7       Resolutions from Closed Meeting

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

 

6.1     Employment Generating Developments - Background Documents TRIM Reference:        2017/2151

Cr J Whitton declared a pecuniary interest in this item as a family member lives in the precinct of the Airport, left the Chamber and did not participate in the voting or debate on this item.

RESOLVED - 17/457                                                                            Cr R Turner/Cr J McRae That the information provided in the report by the General Manager be acknowledged.

 

The Meeting Closed at 10.36PM

 

This is Page Number 11 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 17 October 2017.

     

 

4       Notices of Motion/Notices of Rescission

RECORD NUMBER:       2017/2290

 

 

I, CR Sam Romano, wish to move the following Notice of Motion at the Council Meeting of 7 November 2017:

 

Motion That Council be provided a report on the activities of the Youth Action Council and explore opportunities to promote and increase the membership of this group and the activities and events that are provided for young people.

 

Background

The importance of having organised, safe activities for our young people is critical in reducing alcohol and drug use and other anti-social behaviour. I would like to see this group promoted more broadly, and identify and discuss opportunities for activities and entertainment for young people, particularly in the 14-18 years age group.

 

 

Signed Cr Sam Romano

STAFF COMMENT

Council established the Youth Action Council “YAC” more than two years ago with a focus on these types of activities. The YAC is supported by Council’s Youth Officer.

The YAC sets its own agenda and organises and promotes its activities. Recent examples include a Pool Party at the Aquatic Centre on 20 October and a trivia night on 27 October.

The YAC members also have the opportunity to participate in free activities such as regular workouts at Snap Fitness on Thursday mornings, free movie nights, Duke of Edinburgh Scheme as well as a multitude of other activities.

An update report on the activities of this group can be provided.

 

  

 

RECORD NUMBER:       2017/2296

 

 

I, CR Sam Romano wish to move the following Notice of Motion at the Council Meeting of 7 November 2017:

 

Motion That Council receive a report on the costs and timeframe for allowing supervised fishing, camping and boating at Suma Park Dam, Gosling Creek Reserve and Spring Creek Dam, to include amenities, car parking and a camping ground.

 

Background

Suma Park Dam, Spring Creek Dam and Gosling Creek reserve could be set up similar to that at Lake Canobolas, with the addition of offering powered camping sites. This could also provide additional accommodation for seasonal workers.

 

Signed Cr Sam Romano

STAFF COMMENT

The issue of allowing recreational use of Council’s water reservoirs has been considered several times by the previous Council. Council considered the attached report at its meeting held on 5 September 2017, with Council resolving:

 

RESOLVED - 17/406                                                                               Cr C Gryllis/Cr K Duffy That Council develop a Recreational Water Strategy for the City of Orange.

 

It is planned to present a draft Recreational Water Strategy to be included in the community consultation for the next Community Strategic Plan which will commence this year. An update on this strategy can be provided to Council.

 

Attachments

1          Recreational use of Gosling Creek Dam, Spring Creek Dam and Suma Park Dam - Infrastructure Policy Committee - 5 September 2017, D17/64067⇩

 

4.2                       Notice of Motion - Recreational Use - Suma Park Dam, Spring Creek Dam and Gosling Creek by Cr Romano

Attachment 1      Recreational use of Gosling Creek Dam, Spring Creek Dam and Suma Park Dam - Infrastructure Policy Committee - 5 September 2017

 

 

 

 

 

 

 

RECORD NUMBER:       2017/2327

 

 

I, CR Jeff Whitton wish to move the following Notice of Motion at the Council Meeting of 7 November 2017:

 

Motion That Orange City Council seek a hot-mix asphalt plant to be located in Orange to service the needs of the City of Orange and the region.

 

Background

In the past, Orange was serviced by a local hot mix facility. This allowed road repair and construction teams the ability to address repairs very promptly without the need to wait for the availability of hot mix supply. This has been an issue during periods of high demand for example when the Roads and Maritime Services has had big contracts. A local plant with local jobs and crews would lift the availability of supply and the effectiveness of roadworks.

 

 

Signed Cr Jeff Whitton and Cr Glenn Taylor

STAFF COMMENT

At its meeting of 6 August 2013, Council considered the attached report, and resolved:

3.B    ASPHALT PRODUCTION                                                                                        PR17975

RESOLVED – 13/393                                                                                       Cr Taylor/Cr Munro

1          That the information provided in the report by Manager Works on Asphalt Production dated 24 July 2013 be acknowledged. 2          That this matter be reviewed in future pending alternative developments and reported to Council.

 

cOMMENT

A pro-active approach to see a local asphalt plant could be pursued with regular updates to Council, with a target of seeing a commitment in the short term.

 

Attachments

1          IPC - 6 August 2013 - Asphalt Production, D17/64428⇩

  

4.3                       Local Hotmix Plant

Attachment 1      IPC - 6 August 2013 - Asphalt Production

2013/707

REPORT TO           GENERAL MANAGER

                                 INFRASTRUCTURE POLICY COMMITTEE MEETING – 6 AUGUST 2013

 

FROM                           MaNAGER WORKS

 

DATE                       25 JULY 2013

 

ON                           ASPHALT PRODUCTION

 

 

EXECUTIVE SUMMARY

The purpose of this report is to provide information on the establishment of a Council owned asphalt production plant.

 

The report looks at the potential challenges facing the establishment of such a facility as well as its ongoing viability in what is a very competitive industry which has undergone significant rationalisation in recent years.

 

Unless Council is prepared to invest heavily in such a venture and develop a level of quality control and expertise equivalent to that currently provided by existing industry, the considerable risks of such a venture are too high and considered not to be an appropriate use of Council’s resources.

 

 

FINANCIAL IMPLICATIONS

There are no expected financial implications from adopting the recommendation of this report.

 

 

POLICY/GOVERNANCE IMPLICATIONS

There are no expected policy or governance implications from adopting the recommendation in this report.

 

 

RECOMMENDATION

That the information provided in the report by Manager Works on Asphalt Production dated 24 July 2013 be acknowledged.

 

 

SUPPORTING INFORMATION

 

Recent History of Asphalt Production in Orange

For many years Council had an asphalt production facility adjacent to the old BMG quarry on Racecourse Road. The facility was shut down after an incident where the plant caught fire in the late 1980’s. The site has since been decommissioned and decontaminated. 

 

Boral subsequently set up a low production facility at Phillip Street adjacent to the Council quarry. This plant ran through until it was closed in 2012 and is currently being decommissioned.  The plant was closed because the aging plant could not guarantee reliable production or meet current environmental control requirements. 

4.3                       Local Hotmix Plant

Attachment 1      IPC - 6 August 2013 - Asphalt Production

2

ASPHALT PRODUCTION

25 July 2013

 

For Boral the small plant in Orange was only seen as a backup for the larger production facility in Dubbo.

 

Current Asphalt Plant Availability

Currently, the closest supplies of asphalt can be obtained from Downer EDI at Bathurst with an average return trip of 2 hours including loading, or from Boral at Dubbo with an average return trip time of just under 4 hours. Council has predominantly sought ex bin supplies from Bathurst due to the relatively shorter turnaround time. Supplies from Dubbo were predominantly utilised by Boral when contracted to undertake larger ‘supply and lay’ works by Orange Council within the area.

 

Boral has recently advised that they will no longer have the ability to run asphalt crews from its Dubbo facility due to the lack of skilled operators available and low volumes of work in the region. They will however, still be able to produce asphalt from the plant for ex bin (from the premises) supplies.

 

Typical Council Usage

Historically Orange Council had only been using asphalt for road maintenance and footpath paving work primarily because the local production was limited.  In recent times Council’s demand through contracted works and maintenance activities has increased and been sourced from Bathurst (Downer EDI) and Dubbo (Boral). Typically Council would utilise in the order of 3000 tonnes per year of hot mix asphalt on road and footpath construction and repair projects.  In the current capital works programme it is anticipated that Council will use around 6000 tonnes of asphalt per year as a result of Council’s accelerated works funding allocation and a one off 1000 tonne project on the Mitchell Highway at Molong Road for Roads and Maritime Services (RMS).  In addition, with a greater emphasis on asphalt work requested by Council, these higher volumes may be sustained into the future.

 

Possible Sites

As discussed above, the previous site of Council’s asphalt plant was on Racecourse Road. This site would now be considered unsuitable due to its proximity to residential areas and a water body.

 

Another site that could reasonably be considered is the site recently occupied by Boral under a lease to Council for asphalt production in Phillip Street adjacent to the sewerage treatment plant. This site is owned by Council and is currently zoned industrial which is compatible with this type of operation.  Other sites that could be utilised include industrial land owned by Council in the Narambla Estate.

 

Typical Plant Description

Typically an asphalt plant would have the following key components:

·      Hard stand areas and water management system,

·      Raw materials storage bays,

·      Bitumen storage tanks and heating,

·      Belt conveyor for transfer of aggregates,

·      Rotary dryer of aggregates,

·      Bucket elevator,

3

ASPHALT PRODUCTION

25 July 2013

 

·      Vibrating screens,

·      Hot bin,

·      Pug mill mixer,

·      Loading hopper,

·      Air quality filters,

·      Tank bunding area, and

·      Operations control housing and amenities.

 

Raw Materials Supply

Aggregate suppliers

Apart from specified fine material, aggregates incorporated into asphalt are typically of basaltic origin (blue metal) with a specified hardness, angularity and grading. Currently suppliers available to provide these products include Boral’s Shadforth quarry and/or Hanson’s Molong quarry.

 

Bitumen Supply

Bitumen of a grade and quality suitable for asphalt production is typically imported by the larger petroleum producers such as Shell or BP.  Council would need to go to tender to secure the supply of bitumen.  Because of our relatively small usage compared to other commercial operators, it is expected that Council would pay a premium for this product.

 

Environmental Issues

Development approval of such a facility would require varying levels of environmental assessment depending upon factors such as the expected production rate, proximity to residential areas and water bodies. Depending on the capacity of the plant, this could require an Environmental Impact Statement.

 

Typical environmental issues to be addressed would include, dust, noise, water management, hazardous materials and gaseous emissions.

 

Set up Costs

Without engaging specialists to design and price a system to suit Council’s requirements it is difficult to definitively estimate the costs to set up the plant. However from discussion with representatives from the asphalt industry, the indicative costs to set up a plant with a capacity of approximately 20,000 tonnes per annum are in the order of $10M. It can be argued that Council has no need for this level of capacity in an asphalt facility, however the reality is that the costs for the most part reflect the need to comply with strict quality and environmental requirements.

 

Quality Control

In order to ensure that the product produced and laid met the requirements and tolerances required by RMS and Council, rigorous testing as part of a quality assurance process would need to be enforced.  It is reasonable to argue that the testing of the product as laid could be tested by readily available geotechnical firms, however production at the plant would need a far more responsive in-house capability.  This would require specialist equipment and technicians.

4

ASPHALT PRODUCTION

25 July 2013

 

Other Plant Such As Pavers and Dedicated Trucks

If Council were to allocate the funds to set up an asphalt plant it would be logical to develop an in house capability to be able to lay the asphalt to specified tolerances, especially when carrying out works for RMS.  Additional funds would then need to be added to purchase an asphalt paver, steel drum rollers, transfer systems, dedicated float, assorted hand tools and truck bodies with heated beds.  The estimated cost for these ancillary items would be $1.2M new. Additionally a crew of skilled staff would need to be recruited to maintain and operate the equipment required at an ongoing cost of approximately $480,000 per annum.

 

Set Up Time Frame

From initial planning through to initial production of asphalt it is anticipated that at least 24 months would be required.

 

Operating Costs

An asphalt plant could typically be operated by two trained staff members at a cost of $175,000 per annum.  Maintenance costs are estimated to average $100,000 per annum over the first ten years. 

 

Output – Domestic Consumption

The local and reliable supply of asphalt would substantially reduce Council’s reliance on temporary road patching techniques with cold mix.  Council would also increase its capability to undertake larger repairs and preservation treatments within its capital works programme.  As discussed previously, this would need to be in conjunction with appropriate resourcing.  Any investment in this type of facility would result in a production capacity that would far exceed Council’s current and anticipated consumption.

 

Output – Commercial Consumption

It would be anticipated that an asphalt plant in Orange could service the supply needs of the civil construction industry within a 50km radius.  This would include contractors working on private subdivisions and surrounding Councils.

 

It could also be envisaged that Council crews would need to seek and bid for private work to lay asphalt from the plant outside of Council’s peak construction periods in order to achieve an appropriate level of utilisation of the plant and equipment and thus achieve an appropriate return on investment.

 

 

SUMMARY

Hot asphalt is a superior road repair and construction product and Council would undoubtedly benefit from an asphalt facility located within its boundaries for the reasons of convenience, transport costs, quality product and road repair.

 

As described above, there are substantial costs involved in establishing and maintaining a plant and associated operational capacity.

 

5

ASPHALT PRODUCTION

25 July 2013

 

 

Anecdotal evidence as can be seen by Boral’s recent decision to restrict its operations in Dubbo and to shut down in Orange, would suggest that the commercial viability of running such a plant and associated operational capacity in the central west is at best marginal. For this decision to be made by a major producer with many years of expertise in the industry and substantial buying power of raw materials indicates that Council would face a substantial risk of underproduction and overall return for the level of investment required. Council would

also face the risk that the established industry may utilise its current market share and existing economies of scale to make it difficult for a new player to compete in such a limited market.

 

Council is currently inviting tenders for supply and lay of asphalt to facilitate the delivery of its capital works programme.  In preparing tenders, the flexibility to engage a panel of contractors and award work based upon availability and performance has been written into the schedules. It is thought that this will better provide for a consistent quality product to be supplied throughout the construction season.

 

Council could also choose to pursue group purchasing arrangements through the CENTROC group which would have the advantage of bulk purchasing arrangements. Similar arrangements have been undertaken in Sydney metropolitan area with the WESROC and SOUTHROC groups of councils.

 

 

Wayne Gailey

MANAGER WORKS

 

 

5       General Reports

TRIM REFERENCE:        2017/2248

AUTHOR:                       Michelle Catlin, Manager Administration and Governance    

 

 

EXECUTIVE Summary

This report seeks Council’s determination of its Community Committee structure over the current term of Council. A suggested framework is provided for Council’s consideration based on discussions at recent Councillor Briefings, however Council is free to establish any Committee is deems appropriate.

Orange City Council is also represented on a range of other external agencies and organisations, and these are also listed for determination by Council for the coming term.

This report provides draft Charters for the proposed Committees for information. Council will have the opportunity to adopt the final Charters following the expression of interest process for members is complete.

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

Under the Local Government (General) Regulation 2005, Council may establish those Committees it deems appropriate. Any such Committees established are governed by Council’s adopted Code of Meeting Practice and Committee Members are required to comply with Council’s Code of Meeting Practice and Code of Conduct.

Once the Community Committee network is established by Council, expressions of interests will be sought from interested community members and appropriate agencies. Invitations to join a Council Committee will also be extended to the unsuccessful candidates in the 2017 Local Government election.

The results of this process, together with the final Charter for each Committee, will be presented to Council for adoption in December.

As some Councillors will be representing Council at the National Local Roads Congress, and therefore an apology for the Council Meeting of 7 November 2017, Councillors may indicate their preferences in relation to the Committees structure, membership and/or Chairing a Committee in writing to the author prior to the meeting, and these preferences will be provided to the Mayor for consideration during the Council Meeting.

 

Recommendation 1        That Council establish the Community Committee framework for the 2017/2020 term of Council. 2        That Council elect a Chairperson for each Community Committee established (with exception to those that Council determine will have a community member as the Chairperson). 3        That Council seek expressions of interest from community members and relevant agencies/organisations to join a Community Committee, based on the draft Charter for each Committee. 4        That Council determine representation on the following external bodies a        City of Orange Traffic Committee (Chairperson and alternate) b       Orange Rail Action Group (any interested Councillor) c        Joint Regional Planning Panel (three members) d       Business Enterprise Centre (one Councillor) e        Association of Mining Related Councils (Mayor plus one Councillor) f        Orange Business Chamber (one Councillor) g        TDO Limited (Mayor plus two Councillors) h       CENTROC (Mayor plus alternate) i         Central West Libraries (one Councillor)

 

further considerations

Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.

SUPPORTING INFORMATION

Community Committees

Council has a history of establishing Community Committees as a mechanism for two-way feedback with the community and relevant agencies. One of the initiatives introduced in more recent times was to ensure each Committee develops and receives update reports on an Action Plan. This allows the Committee to identify projects and tasks to be completed, and as these Action Plans are reported to Council, this information is used to inform Council’s Delivery/Operational Plan.

The following table provides a draft framework for Council’s consideration. Most of the Committees established by the previous Council are included in the table, noting the combination of the Sport and Recreation Committee and the Bicycling Committee.

Some discussion has occurred at Councillor Briefings in relation to the Orange Regional Museum Committee. This Committee, at its meeting held on 29 August 2017, made the following recommendation, and therefore the Orange Regional Museum Committee is included in the table for Council’s consideration.

RECOMMENDATION                                                                           Cr N Jones/Mr C Hawke 1        That the Orange Regional Museum Community Committee continue. 2        That Council investigate avenues to capture community input into the way the cultural precinct is utilised or that Council consider if a Cultural Committee can achieve this.

Community Committee	Policy Committee it reports to	Councillor members	Chairperson	Meets
Economic Development	Employment and Economic Development	3	Councillor	Every second month
Orange Health Liaison	Employment and Economic Development	2	Councillor	Quarterly
Sister Cities	Employment and Economic Development	2	Councillor	As required
Audit and Risk Management	Finance	Mayor + 1 + alternate	Independent Member	Quarterly
Spring Hill	Services	2	Councillor	Quarterly
Lucknow	Services	2	Councillor	Six monthly
Clifton Grove	Services	2	Councillor	Six monthly
Ageing and Access	Services	3	Councillor	Quarterly
Cultural Heritage	Services	3	Councillor	Quarterly
Community Safety and Crime Prevention	Services	3	Councillor	Quarterly
NAIDOC Week	Services	3	Community Member	As required
Orange Regional Museum	Services	3	Councillor	As required
Centenary of World War I	Services	2	Councillor	As required
Orange Conservatorium and Planetarium	Services	3	Councillor	As required
Floodplain Management	Infrastructure	2	Councillor	As required
Orange and Cabonne Road Safety	Infrastructure	2	Determined by Committee	As required
Orange Airport	Infrastructure	2	Councillor	As required
Sport and Recreation (incorporating Bicycling)	Sport and Recreation	3	Councillor	Six monthly
Orange Showground	Sport and Recreation	3	Councillor	As required
Australia Day	Sport and Recreation	2	Community Member	As required
Companion Animals	Environmental Sustainability	2	Councillor	Quarterly
Environmental Sustainability	Environmental Sustainability	3	Councillor	Quarterly
Parks, Trees and Waterways (including Orange Botanic Gardens)	Environmental Sustainability	2	Councillor	Quarterly
Tidy Towns	Environmental Sustainability	3	Councillor	As required

 

 

Draft Charters for Community Committees

For those Community Committees suggested, a draft Charter has been prepared and is attached. This will assist Council in identifying the purpose of the Committee, and will be used in the expression of interest process for members.

Depending on the outcome of the expression of interest process (i.e. how many community members are attracted for each Committee), and feedback from Council, these draft Charters may be amended, so a final version will be presented to Council for adoption following the expression of interest process.

 

External Agencies/Appointments

·    City of Orange Traffic Committee

Requires one Councillor who will be the Chairperson, plus one Councillor alternate. The Committee meets monthly.

 

·    Orange Rail Action Group

The Orange Rail Action Group is a group which is seeking support from Council. Any interested Councillor is invited to join this Committee.

 

·    Joint Regional Planning Panel

The Joint Regional Planning Panel (JRPP) is a function of the NSW Government, and provides independent, merit-based decision making on regionally significant development.

The JRPP comprises five panellists, with three members selected by the State Government and two selected (from a pool of three) to represent Council.

In October 2016, Council resolved to nominate then Councillor Chris Gryllis, Councillor Jeff Whitton and Michael Ryan (former Acting General Manager, Director Technical Services) to perform this function.

 

·    Business Enterprise Centre

The Business Enterprise Centre (BEC) is a community-based, not-for-profit business assistance organisation designed to facilitate the creation, retention and development of sustainable business enterprises and foster local economic development. Council is invited to nominate one Councillor representative.

 

·    Association of Mining Related Councils

This group is a non-profit local government based group with the aim to represent councils in all aspects of mining, including extractive industries, gas exploration, quarries and minerals. There are some 22 Council members, including Cabonne and Blayney Councils.

Council has traditionally had two members, one the Mayor (or Mayor’s nominee) and another Councillor.

Meetings are generally quarterly, held in member areas around the state.

·    Orange Business Chamber

Council is invited to nominate a representative to the Orange Business Chamber’s Executive Committee. This position is in addition to the 11 elected Executive Committee positions.

 

·    TDO Limited – industry tourism entity

      TDO Limited was established by the tourism industry to develop the governance model for a possible new industry led entity. An update TDO’s progress and draft constitution of the new entity is the subject of further report.

      There are currently four representatives on TDO Limited, the General Manager and three Councillors – The Mayor, Cr Hamling and Cr Whitton.

 

·    CENTROC

      CENTROC is the Central West Region of Councils, covering 14 Local Government areas across the Central West region. The Board of CENTROC generally meets quarterly, and Council is entitled to two voting delegates. This has traditionally been the Mayor (or alternate) and the General Manager.

 

·    Central West Libraries

      Central West Libraries is a regional library service taking in the Local Government areas of Orange, Blayney, Cabonne, Cowra and Forbes, with seven branch libraries. Orange City Council administers Central West Libraries.

      The Committee of Central West Libraries includes one Councillor (was previously the Mayor).

 

 

Attachments

1          Community Committee Charters , D17/64367⇩

  

5.1                       Community Committee Framework

Attachment 1      Community Committee Charters

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RECORD NUMBER:       2017/2240

AUTHOR:                       Nick Redmond, Manager Corporate and Community Relations    

 

 

EXECUTIVE Summary

Council has been in negotiations with the developer of the former drive-in site on Forest Road for a number of years.

The James Richmark Pty Ltd syndicate are the owners of Lot 1 in DP 549856, Forest Road, Orange.

On 23 November 2008, project approval was granted to the development of the Orange Private Hospital Campus by the Minister for Planning as this is deemed to be a major project. The Minister approved a modification for the major project on 23 October 2014.

The development has been subject to a further modification lodged by the developer with the NSW Government Department of Planning and Environment being the consent authority.

The project details below describe the latest proposal.

The project includes:

·    a six storey private hospital

·    an 82 room medi-motel

·    health facilities buildings for rehabilitation, pathology, medical imaging, chemist, medical suites and the like

·    future precincts for residential dwellings and or apartments incorporating short and medium term accommodation for hospital staff and students

·    future community/child-care facilities

·    separate buildings for ancillary retail activities (including but not limited to a florist newsagent, café/restaurant, hairdresser, shops, kiosks, takeaway food and drink premises)

·    internal roads and car parking

·    landscaping

·    a four way signalised intersection on Forest Road

 

The project is divided into four precincts. Precincts 1 and 2 on the eastern side of the site adjoining Forest Road include the private hospital, medi-motel, health facilities and buildings for ancillary retail activities. Precinct 3 and 4 to the west of the site includes future residential dwellings and future community/child-care facilities.

The proposal to create a medical precinct and ancillary services is now at stage where the proponent has indicated work will be under way in the New Year, subject to finalisation of the approval.

Council consideration and support to date for this proposal has been one of the central projects for job creation post the Electrolux closure. Medical support and services (new entrants and sectors) were also considered as opportunity areas in the jobs creation strategy to leverage off growth in the health sector.

At the Council Meeting of 18 August 2015 Council resolved:

 

RESOLVED - 15/355                                                                           Cr J Whitton/Cr S Munro That Council support in principle the draft Voluntary Planning Agreement (VPA) as detailed in this report, to enable the finalisation of negotiations of the VPA and reporting of the VPA to open Council for exhibition and determination.

Since the above resolution, the draft planning agreement has gone through a number of iterations. The draft planning agreement reflects the changes over time, has been indexed and remains consistent in principle with the report of 18 August 2015.

As part of the process of entering a planning agreement a letter of offer from the developer is required. That offer has been made.

The draft Planning Agreement will be provided under separate cover to Council prior to the meeting. This report seeks to take the next step by exhibiting the draft Planning Agreement for public comment.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “11.1 Our Economy – Encourage the growth of local business, support emerging industry sectors and attract new investment to Orange”.

Financial Implications

The comparative cost of the compromise contained in the agreement is approximately $1.5 million in forgone Section 94 contributions. The contributions that the voluntary planning agreement will achieve are:

·    $2,332,720 for signalisation works and the upgrade of the road network from Orange to the Development, comprising Forest Road and associated works

·    $4,710,907.36 for sewer and water augmentation charges across the four precincts.

Policy and Governance Implications

The unique circumstances and the timing of this major project should not be considered to set a precedent for other development.

 

Recommendation 1    That the report by the Manager Corporate and Community Relations on the Private Hospital Precinct Planning Agreement be acknowledged. 2    That the offer be accepted and that the parties enter into a Planning Agreement prepared in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and associated Regulations. 3    That Council place the draft Planning Agreement for the Orange Private Hospital Precinct on public exhibition for 28 days.

 

further considerations

The recommendation of this report has been assessed against Council’s other key risk categories and the following comments are provided:

 

Image and Reputation	Job creation has been a strong focus of Council following the Electrolux closure and the Council involvement in this project is a demonstration of that.
Political	Council is required to comply with the consent issued by the Department of Planning & Environment.
Stakeholders	The exhibition period is an opportunity for residents to comment on Council’s involvement in the project.
Projects	The funding required of the proponent in the draft planning agreement for the upgrade of Forest Road will assist with the funding of these works and deliver benefits beyond those using the new facilities.

SUPPORTING INFORMATION

The draft planning agreement has a number of outcomes including:

·    Secures developer contributions for necessary infrastructure works to allow the project to proceed.

·    Commits Council to those works.

·    Sets deadlines for completion of works.

·    Gives relief to contributions that would otherwise be required under Section 94 EPA Act for precincts 3 and 4.

·    Broader public benefit for the works to Forest Road.

The planning agreement requires the proponent to contribute $2,276,645 to signalisation works and the upgrade of the road network from Orange to the development, comprising Forest Road and associated works.

A further $4,710,907.36 is required for sewer and water augmentation charges across the four precincts.

The support of this Planning Agreement is equivalent to forgoing potential developer contributions rather than funding from current Council revenue.

The comparative cost of the compromise contained in the agreement is approximately $1.5 million in forgone Section 94 contributions.

In terms of the revenue that could be collected in the southern development area, including Shiralee, the Department of Primary Industry lands and the Private Hospital Campus the $1.5 million represents approximately 3.6 per cent of total potential Section 94 revenue.

It is considered that in the specific circumstances as outlined, the benefits offered by the development justify the support for the proposal.

 

The reasons supporting the contents of the Planning Agreement are as follows:

·        Support for upwards of 400 jobs in line with principles arising from Council’s Jobs Creation Strategy. It is noted that this development is largely in the medical and personal services clusters, key areas of future growth identified in the Jobs Creation Strategy.

·        An economic impact assessment carried out on the proposal found that when fully operational it will generate $37 million in household income and $55 million gross regional product (measured in 2012/13 dollars). By way of comparison the wages and salaries bill for Electrolux in 2012 was $34.77 million.

·        The schedule of works for the Section 94 Plan for the area is unlikely to be significantly impacted by the Planning Agreement given that the broader area is in the early stages of development and that Council’s Development Contributions Plan (DCP) is of a somewhat necessarily conservative and general nature. Experience of other older DCP’s shows a pattern of increased development above originally estimated planning levels, allowing for coverage of the schedule works. The development intensity for the medi precinct is a case in point.

·        A development of this kind presents a significant opportunity that rarely comes along and for which, absent the flexibility that a Planning Agreement offers, Orange could wait potentially decades to realise.

Additional to the planning agreement arrangements, a contribution of $200,000 has been discussed as part of Council’s Jobs Creation Strategy fund to be held in trust and released subject to the demonstration of 200 ongoing jobs three years after the completion of the project.

 

 

 

TRIM REFERENCE:        2017/2213

AUTHOR:                       Michelle Catlin, Manager Administration and Governance    

 

 

EXECUTIVE Summary

A comprehensive review of three key Strategic Policies has been undertaken. This report presents the amended draft Code of Meeting Practice (ST050), Strategic Policy Councillors access and their interaction with staff (ST019), Strategic Policy Councillors Payment of Expenses and Provision of Facilities (ST020) and Strategic Policy Donations and Grants (ST029) and recommends these policies be placed on public exhibition.

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’s Strategic Policies are being reviewed and amended to ensure ongoing compliance with legislation and industry best practice. Policies of Council are of two types – Strategic Policies are determined by Council, and relate to Councillors and the broader community. The Local Government Act 1993 requires the public exhibition of Policies (if new or include significant changes) and adoption by Council. Operational Policies are determined and implemented by the General Manager, and relate to staff and the operations of the organisation.

Council will be presented with all Strategic Policies over the coming months as a comprehensive review has commenced.

 

 

Recommendation That Council place the following draft Strategic Policies on public exhibition for a minimum of 28 days: ST050 – Code of Meeting Practice ST019 – Councillors Access to Information and their Interaction with Staff ST020 – Councillors – Payment of Expenses and Provision of Facilities ST029 – Donations and Grants

 

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

A review of Council’s Strategic Policy framework has commenced, and the following policies have been reviewed and are recommended for placement on public exhibition. While Council will exhibit the policies for a minimum of 28 days, submissions on the Code of Meeting Practice can be received for up to 42 days.

Following the exhibition process, and consideration of any submissions, a further report will be provided to Council attaching any submissions and suggesting any amendments to the policies prior to final adoption by Council.

A summary of the major amendments to each policy are set out below.

Code of Meeting Practice – ST050

With Council’s resolution to commence recording and livestreaming of Council Meetings, the Code of Meeting Practice has been amended to include those provisions. A review of the Meetings Practice Note issued by the Office of Local Government was also undertaken, and a number of minor amendments are proposed as set out below.

 

Section/Reference	Amendment
Message from General Manager	Deleted - repeat of information provided in other sections.
2.13.2 (New) – Open Forum	Ability to have an Open Forum on second Council Meeting of month if determined necessary by the Mayor and/or General Manager
2.13.3 – Open Forum	Discretion to allow speakers an extension of time in the Open Forum.
3.6.1 – Order of Business	Amendment to Order of Business to remove confirmation of recommendations from Policy Committees (as they have full delegation from Council) where a recommendation does arise from Policy Committee (eg to amend the budget) a report to Council is provided. Also to start meetings with a caution to participants that the meeting is being recorded and live streamed.
3.10.1 – Matters to be included in Minutes	Matters to be included in the Minutes - Added (l) – Add Oath or Affirmation of Office taken by Councillors to be recorded in Council Minutes.
3.11 - Matters that will not be included in Council Minutes	New section added to identify matters that will not be included in the minutes (motions or amendments not seconded, motions or amendments withdrawn, points of personal explanation or opinions, general discussion, points of order not proceeded with).

 

 

Section/Reference	Amendment
6.7 – Committees to keep Minutes	Remove reference to casting vote of Community Committee Chairperson.
6.12 – Committee may expel certain person from its meetings	Deleted section – Refers to members of the public being expelled from Policy Committees when the Committee goes into Closed Meeting – Closed matters not referred to Policy Committees.
8.4 - Recording and live streaming of Council Meetings	New provisions relating to the recording and livestreaming of Council Meetings.
8.5 - Oath/Affirmation of Office	New section added to provide process for Councillors making the Oath or Affirmation of Office at the first Council Meeting
8.6 - Election of Deputy Mayor	New section added to provide process for the annual election of the Deputy Mayor (or in the event of a vacancy)
8.7 - Election of Policy Committee Chairperson	New section added to provides process for the annual election of the Chairpersons of Policy Committees (or in the event of a vacancy)
8.12 – Mobile phones and digital audio players and portable multimedia players	Use of mobile phones during Council Meetings is limited to urgent matters only and mobile phones to be turned to silent at the commencement of the meeting.
Speaker Registration Form	Addition of a caution and notification in relation to recording and livestreaming Council Meetings.

 

Councillors access to information and their interaction with staff – ST019

This Policy expands on the provisions of the Code of Conduct and provides guidance on the types of documents that are considered to be “open access information” under the Government Information (Public Access) Act 2009.

The review of this Policy provides updates to reflect minor amendments to legislation, and to ensure the provisions are consistent with the Code of Conduct.

 

Section/Reference	Amendment
1 – Information about Council	Update to reflect minor amendments to open access information provisions from the Government Information (Public Access) Regulation 2009.
Access to information Section 2	Addition of timeframes for providing responses to requests for information from Councillors
Interaction between Councillors and staff Sections 2, 3	Addition of provisions around responding to questions taken on notice at Council Meetings

 

Section/Reference	Amendment
Inappropriate interactions	Remove section 11 “it is appropriate that staff and staff organisations have discussions with Councillors in relation to matters of broad industrial policy” (as this is covered in points 1 and 2 of that section of the policy).
Access to Council Offices Section 2 Section 3	Include reference to Council’s Code of Conduct Addition of provision that Councillors needing access to facilities at other times (outside normal business hours and for scheduled Council Meetings, Councillor Briefings and Community Committee meetings) must obtain authority from the General Manager (provision from the Code of Conduct). Addition of provision that Councillors must ensure that when they are within a staff area they avoid giving rise to the appearance that they may be improperly influence Council staff decisions (provision from the Code of Conduct).

 

Councillors Payment of Expenses and Provision of Facilities Policy – ST020

The Office of Local Government have released a Better Practice Template for the Councillor Expenses and Facilities Policy, and Councils are encouraged to use the template as the basis this Policy.

The Policy presented for exhibition generally adopts the template, updated to reflect Orange City Council circumstances. The key changes are summarised below.

 

Section/Reference	Amendment
Part B and C	The template introduces a number of specific categories for expenses and facilities, and sets dollar limits to these categories. The amounts proposed have been developed after researching expenditure by Councillors in recent years.
Part B – 8 – Legal Assistance	The template removes the previous dollar limit for payment of approved legal expenses. This is replaced with particular conditions under which reasonable legal expenses will be reimbursed.
Part B and C (no reference)	The template removes the ability for Council to pay any expense on behalf of a spouse or accompanying person at conferences and/or events
Part B – 9.5	Inclusion of requests for administrative support to the Executive Support Manager
Appendix 3	Consolidation of forms for travelling on Council business, attending training or conferences

 

 

Donations and Grants

A major review of this policy has been completed to combine the Strategic and Operational Policies into one Strategic Policy to simplify the process for applicants.

The application forms and a template for funding agreements (usually for the funding of amounts over $3,000 issued under this Policy) will be separately provided once the Policy is adopted after exhibition, as these need to reflect the Policy contents. 

There is also a formalisation of the weighting used by Council in assessing applications via the annual expression of interest process run each year. This approach was used by Council in determining the level of funding for applicants who made submissions in the budget process for the 2017/18 year. This is developed so that new individuals or not for profit entities have 100% of their requests considered, while those who have applied before,  or if an entity is operating for profit, have lesser % amounts of their requests considered.  Council can always vary these levels on individual applications or when considering at budget time based on the merit of the application. It does provide encouragement for start-up events or those seeking seed funding to apply. 

There is a requirement for all seeking funding to submit a formal application to be considered and approved by Council, as assisting any other person or entity financially is not a function that can be delegated Section 356 of the Local Government Act.

 

Attachments

1          DRAFT - Strategic Policy - ST050 - Code of Meeting Practice (October 2017), D17/61960⇩

2          DRAFT - Strategic Policy - ST050 - Code of Meeting Practice - Attachment (October 2017), D17/61962⇩

3          DRAFT - Strategic Policy - ST019 - Councillors Access to Information and their Interaction with Staff - (October 2017), D17/62321⇩

4          DRAFT - Strategic Policy - ST019 - Councillors Access to Information and their Interaction with Staff - Procedure (October 2017), D17/62323⇩

5          DRAFT - Strategic Policy - ST020 - Councillors Payment of Expenses and Provision of Facilities (October 2017), D17/62315⇩

6          DRAFT - Strategic Policy - ST020 - Councillors Payment of Expenses and Provision of Facilities - Procedure (October 2017), D17/62317⇩

7          DRAFT - Strategic Policy - ST029 - Donations and Grants , D17/41710⇩

 

5.3                       Strategic Policy Review

Attachment 1      DRAFT - Strategic Policy - ST050 - Code of Meeting Practice (October 2017)

CODE OF MEETING PRACTICE

ST050                                                                                                                                                                                      F22

ObjectiveS

To provide a Code of Meeting Practice for Orange City Council to ensure the effective conduct of all Council and Committee Meetings.

Applicability

This policy applies to all meetings of Council, including Council Committee meetings, Closed Meetings and Councillor Briefings.

General

The Local Government (General) Regulation 2005 (Part 10 – Meetings) governs the operation of Council and Committee meetings.

 

Open Forum

Ordinary Council Meetings allow for an “open forum” section at the start of the meeting. This section allows for matters listed on the agenda to be raised for information or discussion, but not for decision.  No decisions are to be made during the Open Forum.

Procedure

The attached Orange City Council Code of Meeting Practice incorporates the requirements of the Local Government Act 1993 (as amended) and the Local Government (General) Regulation 2005 with respect to meetings.

BREACHES

Breaches under this policy are dealt with as described in the Local Government (General) Regulation 2005 (Part 10 – Meetings).

Related Policies/Documents

Code of Meeting Practice

Code of Conduct

Model Code of Conduct

Procedures for the Administration of the Code of Conduct

Local Government Act 1993

Local Government (General) Regulation 2005

Meetings Practice Note (Office of Local Government)

 

Responsible Area – Corporate and Commercial Services

 

 

SUMMARY OF AMENDMENTS

 

November 2017

Section/Reference	Amendment
Message from General Manager	Deleted - repeat of information provided in other sections.
2.13.2 (New) – Open Forum	Ability to have an Open Forum on second Council Meeting of month if determined necessary by the Mayor and/or General Manager
2.13.3 – Open Forum	Discretion to allow speakers an extension of time in the Open Forum.
3.6.1 – Order of Business	Amendment to Order of Business to remove confirmation of recommendations from Policy Committees (as they have full delegation from Council) where a recommendation does arise from Policy Committee (eg to amend the budget) a report to Council is provided. Also to start meetings with caution to participants that the meeting is being recorded and live streamed.
3.10.1 – Matters to be included in Minutes	Added (l) – Add Oath or Affirmation of Office taken by Councillors to be recorded in Council Minutes.
3.11 - Matters that will not be included in Council Minutes	New section added.
6.7 – Committees to keep Minutes	Remove reference to casting vote of Community Committee Chairperson.
6.12 – Committee may expel certain person from its meetings	Deleted section – Refers to members of the public being expelled from Policy Committees when the Committee goes into Closed Meeting – Closed matters not referred to Policy Committees.
8.4 - Recording and live streaming of Council Meetings	New provisions relating to the recording and livestreaming of Council Meetings.
8.5 -Oath/Affirmation of Office	New section added.
8.6 - Election of Deputy Mayor	New section added.
8.7 - Election of Policy Committee Chairperson	New section added.
8.12 – Mobile phones and digital audio players and portable multimedia players	Use of mobile phones during Council Meetings is limited to urgent matters only and mobile phones to be turned to silent at the commencement of the meeting.
Speaker Registration Form	Addition of a caution in relation to recording and livestreaming Council Meetings.

 

 

 

June 2017

Section/Reference	Amendment
Policy	Applicability amended to include “Closed meetings”. Related documents amended to include Meetings Practice Note issued by the Office of Local Government.
1.1 – Definitions	Included definition of a “Council Meeting”
2.5 – Notice of Meetings	Added 2.5.6 - A notice under this section and the agenda for, and the business papers relating to, this meeting may be given to a Councillor in electronic form, but only if all Councillors have facilities to access the notice, agenda and business papers in that form (Act – S 367(3)).
3.6 – Order of business	Delete previous 3.6.3 - only the mover of a motion referred to in 3.6.2 (items in order of meeting being changed) may speak on the motion before it is put.
3.7 – Giving notice of business	Delete 3.7.5 - Despite Clause 3.18 only the mover of a motion referred to in sub-clause 3.7.4(a) (Motion to deal with late items) may speak on the motion before it is put.
3.8 – Agenda for extraordinary meeting	Delete 3.8.3 - Despite Clause 3.18 only the mover of a motion referred to in sub-clause 3.8.2(a) (Motion to deal with late items at extraordinary meetings) may speak on the motion before it is put.
3.25 – Altering or rescinding decisions	Addition of 3.25.9 - Where verbal notice of a rescission motion is given at a Council or Policy Committee Meeting, the Councillor(s) providing that notice must provide the signed, written rescission motion to the General Manager within two days of the meeting.
8.1.2 – Office of the Mayor	Removal of reference to Mayor elected by Councillors.

 

September 2015

Section/Reference	Amendment
Definitions	Included definition of a “planning decision”
3.6.5 and 5.2.2 – Reason for confidentiality	Added section i) alleged contravention of any code of conduct requirements applicable under Section 440 (the Act)
3.6.7 – Public representations on closed items	Added that Council may allow members of the public to make representations to or at a meeting, before any part of the meeting is closed to the public, as to whether that part of the meeting should be closed.
3.26.2 – Petitions	Clarification of what needs to be provided if a petition is lodged with Council
3.26.3 – Petitions	Petitions relating to operational matters will be referred to the General Manager
5.2.5 – Closed meetings	Removed reference to closed meetings held during Policy Committees
6.6.2- Procedure in Committees	Removed reference to casting vote of Chairperson of Sustainable Development Committee. No Policy or Community Committee Chairperson has a casting vote.
6.6.4 – Division	Added that a division of voting is required on tender resolutions
8.2.3 – Confidential information	Clarification of requirements for security of confidential information also applied to Community Committees.
Various	Replace “Division” of Local Government with “Office” of Local Government

 

 

April 2014

Section/Reference	Amendment
2.13 – Open Forum	Changes to reflect open forum held as part of Ordinary Council Meeting. Presentations to Council must relate specifically to item on agenda for that meeting. Speakers to present orally only, no electronic presentation can be made.
2.15.1	New provision – Notice of business (ie reports, Notices of Motion) must be in writing and lodged with General Manager by no later than 10 days before scheduled meeting.
3.2.2	Staff should be addressed by position title rather than name during Council and Committee meetings.
3.6 – Order of Business	Amendments to table to reflect open forum held as part of Council Meeting. Inclusion of Declarations of Interest and Adoption of recommendations from Closed Meeting. Addition of Order of Business for Community Committees
6.4.2	General business cannot be raised at a Committee Meeting if due notice has not been provided
6.7.2	Provision for the Chairperson of Council’s Community Committees to confirm minutes are a true and accurate record for the purposes of submission to Council for consideration
8.2	Addition of provisions relating to the misuse of confidential information

 

February 2013

Section/Reference	Amendment
3.6 – Order of Business	Changes to reflect open forum held as part of Policy Committee, change in order of Mayoral Minutes, and confirmation of Policy Committees and adoption/amendment of recommendations from Policy Committees.
3.21.3	Change to representatives by members of the public – closure of part of meetings – to allow Mayor or Chairperson to invite submissions on matters for closed meeting.
6.2.2	Acknowledging Working Parties as well as Community and Advisory Committees can make recommendations to Council.
6.2.3	New provision to allow Policy Committees to make resolutions on matters in accordance with the delegation of the Committee as resolved by Council with the exception of any action that will alter the budgetary position of Council. Those items will be recommendations made to Council for consideration at a Council Meeting.
6.5.2	The Chairperson of the Sustainable Development Committee will have a casting vote as delegated by Council. No other Policy Committee nor any Working Party, Community or Advisory Committee Chairperson will have a casting vote and any deadlocked decisions will be referred to the relevant Policy Committee or to Council if the matter arises at a Policy Committee Meeting other than the Sustainable Development Committee

 

September 2012

Section/Reference	Amendment
3.1 – Chairperson	New provisions relating to the process for electing a Chairperson for a meeting, in the absence of the Mayor and Deputy Mayor
4.2 – Acts of Disorder	Removal of a clause that if a Councillor leaves a meeting without the permission of the Chairperson before all business has been concluded, this is determined to be an act of disorder.
6.2 – Functions of Committees	Confirmation that Committees make recommendations to Council but do not have power to make decisions or direct Council staff.

\

5.3                       Strategic Policy Review

Attachment 2      DRAFT - Strategic Policy - ST050 - Code of Meeting Practice - Attachment (October 2017)

 

 

 

 

 

 

 

 

Code of

MEETING PRACTICE

 

 

 

 

 

 

 

 

 

 

TABLE OF CONTENTS

PART 1 - PRELIMINARY. 4

1.1         Definitions. 4

1.2         Act and Regulation. 5

1.3         Principles. 5

PART 2 - CONVENING OF, AND ATTENDANCE AT, COUNCIL MEETINGS. 6

2.1         Frequency of meetings of Council 6

2.2         Authority to cancel a scheduled Council or Committee Meeting. 6

2.3         Absence without prior leave. 7

2.4         Extraordinary Meetings. 7

2.5         Notice of Meetings. 7

2.6         Quorum.. 7

2.7         What happens when a quorum is not present. 8

2.8         Anticipated lack of quorum.. 8

2.9         Adjourning Meetings. 8

2.10      Presence at Council Meetings. 9

2.11      Leave of absence. 9

2.12      Entitlement to attend Council or Policy and Community Committee Meetings (Act-S10). 9

2.13      Open Forum.. 9

2.14      Public Notice of Meetings. 11

2.15      Submission of Reports/Information to Council/Policy Committee. 11

PART 3 - PROCEDURE FOR THE CONDUCT OF COUNCIL MEETINGS. 12

3.1         Chairperson of Council Meetings. 12

3.2         Addressing Councillors and Staff. 12

3.3         Chairperson to have precedence. 12

3.4         Chairperson’s duty with respect to motions. 13

3.5         Confirmation of Minutes. 13

3.6         Order of Business. 14

3.7         Giving Notice of Business. 15

3.8         Agenda for Extraordinary Meeting. 16

3.9         Mayoral Minutes. 16

3.10      Matters to be included in Minutes of Council Meeting. 17

3.11      Matters that will not be included in Council Meetings. 17

3.12      Report of a Departmental Representative to be tabled at Council Meeting. 17

3.13      Notices of Motion. 17

3.14      Notice of Motion – Absence of Mover. 18

3.15      Motions to be seconded. 18

3.16      How subsequent amendments may be moved. 18

3.17      Motions of Dissent. 18

3.18      Questions may be put to Councillors and Council employees. 19

3.19      Limitation as to number of speeches. 19

3.20      Motions put without debate. 20

3.21      Voting at Council Meetings. 20

3.22      Representations by members of the public – closure of part of meeting. 22

3.23      Decisions of Council 22

3.24      Council decision making during election periods. 23

3.25      Resolutions passed at Closed Meetings to be made public. 23

3.26      Rescinding or altering resolutions. 23

3.27      Petitions. 24

PART 4 - KEEPING ORDER AT MEETINGS. 24

4.1         Questions of order. 24

4.2         Acts of disorder. 24

4.3         How disorder at a meeting may be dealt with. 25

4.4         Power to remove persons from meeting after expulsion resolution. 25

PART 5 – CLOSED COUNCIL. 26

5.1         Closed Council 26

5.2         Exclusion of the public from Closed Meetings of Council 26

PART 6 - COUNCIL COMMITTEES. 28

6.1         Council may establish Committees. 28

6.2         Functions of Committees. 28

6.3         Notice of Committee Meetings to be given. 28

6.4         Submission of reports or information to Council Committees. 28

6.5         Non-members entitled to attend Committee Meetings. 29

6.6         Procedure in Committees. 29

6.7         Committees to keep Minutes. 29

6.8         Chairperson and Deputy Chairperson of Committees. 30

6.9         Absence from Committee Meetings. 30

6.10      Reports of Policy and Community Committees. 30

6.11      Disorder in Committee Meetings. 31

6.12      Committees shall not have power to incur expenditure. 31

6.13      Inspection Committees. 31

PART 7 - PECUNIARY INTERESTS. 31

7.1         Pecuniary Interest. 31

7.2         Persons who have a Pecuniary Interest. 31

7.3         What Interests do not have to be disclosed. 32

7.4         Disclosure and participation in Meetings – Councillors or members of Policy or Community Committees  33

7.5         Non-Pecuniary Conflicts of Interest. 34

7.6         Disclosures by Advisors. 35

7.7         Disclosures to be recorded. 35

PART 8 - MISCELLANEOUS. 36

8.1         Office of Councillor and Mayor. 36

8.2         Information relating to Proceedings at Closed Meetings not to be Disclosed. 36

8.3         Inspection of the Minutes of Council 37

8.4         Recording and livestreaming of Council Committee Meetings. 37

8.5         Oath/Affirmation of Office. 38

8.6         Election of Deputy Mayor. 38

8.7         Election of Policy Committee Chairpersons. 38

8.8         Council presentations. 38

8.9         Smoking on Council’s premises. 38

8.10      Attendance of General Manager at Meetings. 38

8.11      Common Seal 39

8.12      Mobile phones and digital audio players and portable multimedia players. 39

8.13      Amendment of Code. 39

 

Forms

Councillor Leave of Absence....................................................................................................... 40

Speaker Registration – Open Forum................................................................... 41

5.3                       Strategic Policy Review

Attachment 2      DRAFT - Strategic Policy - ST050 - Code of Meeting Practice - Attachment (October 2017)

PART 1 - PRELIMINARY

 

1.1       Definitions

In this Code:

 

amendment in relation to an original motion, means a motion moving an amendment to that motion. An amendment is a change to the motion before Council, and takes place while that motion is being debated.

 

Chairperson

a)  in relation to a meeting of the Council - means the person presiding at the meeting as provided by Clause 3.1 of this Code

b)  in relation to a meeting of a Committee - means the person presiding at the meeting as provided by Clause 6.8 of this Code

 

Community Committee means a Committee established under Clause 6.1 of this Code and includes community or external representatives

 

Council Meeting includes an ordinary, extraordinary or closed meeting of Orange City Council.

 

motion means a proposal put forward by a Councillor or Committee member calling for a specific Action to be taken or a decision to be made on a particular matter before the meeting

 

Planning Decision means a decision made in the exercise of a function of Council under the Environmental Planning and Assessment Act 1979, including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contributions plan

 

Policy Committee means a Committee established under Clause 6.1 of this Code or the Council when it has resolved itself into closed meetings

 

record means a document (including any written or printed material) or object (including a sound recording, coded storage device, magnetic tape or disc, microfilm, photograph, film, map, plan or model or a painting or other pictorial or graphic work) that is or has been made or received in the course of official duties by a Councillor or an employee of the Council and, in particular, includes the minutes of meetings of the Council or of a Committee of the Council

 

resolution is a motion that has been passed by a majority of Councillors at a meeting. It means the Council decision

 

The Act means the Local Government Act 1993

 

the Code means the Orange City Council Code of Meeting Practice

 

the Regulation means the Local Government (General) Regulation 2005 (part 10 – Meetings)(abbreviated to “Reg” throughout document).

 

 

1.2       Act and Regulation

1.2.1   This Code is made as required by Section 360(2) of the Act. It incorporates relevant provisions of the Regulation and the Act.

 

1.2.2   Where there is any inconsistency between the Code and the Act or the Regulation, the provisions of the Act or the Regulation prevail.

 

1.3       Principles

1.3.1   In adopting a Code of Meeting Practice, Orange City Council commits itself to the following principles:

 

a)         Council Meetings should be orderly, efficient and earn the respect of Orange’s residents.

 

b)        Councillors have an obligation to conduct themselves at meetings to high standards of behaviour and make a positive contribution to all decisions and debates.

 

c)         Meetings should be part of Council’s commitment to open government and maximise the access and participation available to the City’s residents

d)        Council Meetings should comply with the principles underlying the Act relating to the roles and responsibilities of the Councillors and the General Manager. Within the delegations of authority adopted by Council, matters considered at meetings should be restricted to matters of policy, direction, resource allocation and statutory decisions which are required to be made by Council.

 

e)        The following key principles are committed to:

 

             Integrity

             You must not place yourself under any financial or other obligation to any individual or organisation that might reasonably be thought to influence you in the performance of your duties.

 

             Leadership

             You have a duty to promote and support the key principles by leadership and example, and to maintain and strengthen the public’s trust and confidence in the integrity of Council. This means promoting your public duty to others in the Council and outside, by your own ethical behaviour.

 

             Selflessness

             You have a duty to make decisions solely in the public interest. You must not act in order to gain financial or other benefits for yourself, your family, friends or business interests. This means making decisions because they benefit the public, not because they benefit the decision maker.

 

             Impartiality

             You must make decisions solely on merit and in accordance with your statutory obligations when carrying out public business. This includes the making of appointments, awarding of contracts or recommending individuals for rewards or benefits. This means fairness to all; impartial assessment; merit selection in recruitment and in purchase and sale of Council’s resources; considering only relevant matters.

 

             Accountability

             You are accountable to the public for your decisions and actions and must consider issues on their merits, taking into account the views of others. This means recording reasons for decisions; submitting to scrutiny; keeping proper records; establishing audit trails.

 

             Openness

             You have a duty to be as open as possible about your decisions and actions, giving reasons for decisions and restricting information only when the wider public interest clearly demands. This means recording; giving and revealing reasons for decisions; revealing other avenues available to the client of business; when authorized, offering all information, communicating clearly.

 

             Honesty

             You have a duty to act honestly. You must declare any private interests relating to your public duties and take steps to resolve any conflicts arising in such as way that protects the public interest. This means obeying the law; following the letter and spirit of policies and procedures; observing the Code of Conduct; fully disclosing actual or potential conflicts of interest and exercising any conferred power strictly for the purpose for which the power was conferred.

 

             Respect

             You must treat others with respect at all times. This means not using derogatory terms towards others, observing the rights of other people, treating people with courtesy and recognising the different roles others play in local government decision making.

 

PART 2 - CONVENING OF, AND ATTENDANCE AT, COUNCIL MEETINGS

            

2.1       Frequency of meetings of Council

2.1.1         Council is required to meet at least 10 times each year, each time in a different month (Act - S 365)

 

2.1.2         The General Manager shall report to Council in September of each year, recommending the frequency and times for meeting times for the ensuing twelve months of ordinary Policy Committee Meetings and ordinary Council Meetings.

 

2.1.3         The Council may by resolution, vary the times and dates of ordinary Policy Committee Meetings and ordinary Council Meetings from the adopted times.

 

             2.1.4   Ordinary meetings of Council are generally not held in the month of January.

 

2.2       Authority to cancel a scheduled Council or Committee Meeting

2.2.1         The Mayor and General Manager may cancel a scheduled meeting of Council or a Committee if there are no significant items for consideration. Public notice will be given of any cancelled Council or Policy Committee Meeting.

 

 

2.3       Absence without prior leave

2.3.1         Any Councillor who is absent without prior leave being granted by Council from three consecutive ordinary meetings of Council, shall be disqualified from holding civic office (Act - S 234).

 

2.4       Extraordinary Meetings

2.4.1         If the Mayor receives a request in writing signed by at least two Councillors, the Mayor must call an Extraordinary Meeting of Council to be held as soon as practicable but in any event within 14 days after the receipt of the request (Act - S 366).

 

2.4.2         If the Mayor fails, within three working days of receipt of a request pursuant to subsection 2.4.1, to give a direction to the General Manager for the sending of notices to Councillors for an extraordinary meeting to be held within the period specified in subsection 2.4.1, the General Manager must send a notice to each Councillor specifying that the meeting be held within 14 days following the date of receipt of the request.

 

2.4.3         Any request submitted in accordance with this clause must clearly state the business proposed to be transacted at the meeting.

 

2.4.4         Extraordinary meetings are not only held in ‘extraordinary’ circumstances. These meetings are usually held to deal with special business or where there is so much business to be dealt with an additional meeting is required (Reg - Cl 242).

 

2.5       Notice of Meetings

          2.5.1         The General Manager must send to each Councillor, at least three calendar days before each meeting of the Council, a notice specifying the time and place at which and the date on which the meeting is to be held and the business on the agenda of meeting (Act - S 367(1)).

 

             2.5.2         Notice of less than three days may be given of an extraordinary meeting called in an emergency (Act - S 367(2)).

 

2.5.3         A notice of a meeting of Council or a Policy Committee must be published in a newspaper circulating in the area before the meeting takes place (Reg - Cl 232(2)).

 

2.5.4         The notice must specify the time and place of the meeting (Reg - Cl 232(3)).

 

2.5.5         Notice of more than one meeting may be given in the same notice (Reg - Cl 232(4)).

 

2.5.6         A notice under this section and the agenda for, and the business papers relating to, this meeting may be given to a Councillor in electronic form, but only if all Councillors have facilities to access the notice, agenda and business papers in that form (Act – S 367(3)).

 

2.5.7         This clause does not apply to an extraordinary meeting of Council or a Policy Committee (Reg Cl 232(5)).

2.6       Quorum

2.6.1         The quorum for a meeting of Council is a majority of the Councillors who are not suspended from office (Act - S 368).

2.7       What happens when a quorum is not present

2.7.1         A meeting of the Council must be adjourned if a quorum is not present:

       a)        within half an hour after the time designated for the holding of the meeting; or

       b)        at any time during the meeting (Reg - Cl 233(1))

 

2.7.2          In either case, the meeting must be adjourned to a time, date and place fixed:

      a)        by the Chairperson; or

      b)        in his or her absence - by the majority of the Councillors present; or

      c)         failing that, by the General Manager (Reg - Cl 233(2))

 

2.7.3         The General Manager must record in the Council’s minutes the circumstances relating to the absence of a quorum (including the reasons for the absence of a quorum) at or arising during a meeting of the Council, together with the names of the Councillors present (Reg - Cl 233(3)).

 

2.7.4         A Councillor who is not capable of voting on a matter before the Council (by reason of having disclosed a pecuniary interest is the matter) is regarded as being absent from the meeting for the purpose of determining whether or not a quorum is present.

 

2.7.5         If so many Councillors declare a pecuniary interest in a matter that the Council is unable to form a quorum to deal with business before it, the Councillors concerned may apply to the Minister for Local Government to allow them to participate in the discussion and vote on that matter (Act S 458).

 

2.8       Anticipated lack of quorum

2.8.1         There is no provision in the Act or Regulation for a Council Meeting to be abandoned or cancelled if a lack of a quorum is anticipated.

 

2.8.2         If notice of a meeting has been given, it must be held or at least opened.

 

2.8.3         While a meeting without a quorum can be opened, it cannot make any decisions (Act – S371).

 

2.9       Adjourning Meetings

2.9.1         If a meeting is adjourned because it cannot be held, for example because of a lack of a quorum, it is postponed to a later time or date and, possibly, to a different place.

 

2.9.2         If, part way through a meeting, the meeting is adjourned (for example because a quorum ceases to be present or because of time constraints) the meeting will recommence at the time and place that is adjourned to.

 

2.9.3         An adjourned meeting is a continuation of the earlier part of the same meeting, not a new meeting.

 

2.9.4         If a meeting is adjourned to a different date, time or place, each Councillor and the public should be notified of the new date, time or place.

 

2.9.5         As an adjourned meeting is a continuation of the same meeting (not a new meeting), Council will not issue a new agenda and business paper for the adjourned meeting.

 

 

2.10    Presence at Council Meetings

2.10.1        A Councillor cannot participate in a meeting of Council unless personally present at the meeting (Reg Cl 235).

 

2.11    Leave of absence

2.11.1       Councillors should seek leave of absence from a meeting(s) in writing, using the Councillor Leave of Absence Request Form (Appendix 1).

 

2.11.2       A Councillor’s application for leave of absence from Council Meetings should, if practicable, identify (by date) the meeting(s) from which the Councillor intends to be absent (Reg 235A(1)).

 

2.11.3       If a Councillor who intends to attend a Council Meeting despite having been granted leave of absence should, if practicable, give the General Manager at least two days’ notice of his or her intention to attend (Reg Cl - 235A(2)).

 

2.11.4       Council will only grant leave of absence in circumstances where a Councillor submits a written leave application that is accepted by resolution of Council.

 

2.12    Entitlement to attend Council or Policy and Community Committee Meetings (Act-S10)

2.12.1       Except as provided elsewhere in this Policy:

 

a)         everyone is entitled to attend a meeting of Council and its Policy Committees of which the members are Councillors.

 

   b)        Council must ensure that all meetings of Council and Policy and Community Committees are open to the public. With the exception of those members of the public addressing Council in accordance with Clause 2.13 members of the public are attending as observers only and are not permitted to interrupt meeting procedures or engage in disorderly conduct.

 

2.12.2       A person (whether a Councillor or another person) is not entitled to be present at a meeting of Council or of a Committee if expelled from the meeting:

 

      a)        by resolution of the meeting

 

       b)        by the person presiding at the meeting if Council has, by resolution, authorised the person presiding to exercise the power of expulsion.

 

2.12.3       A person may be expelled from a meeting only on the grounds specified in, or in the circumstances prescribed in Clause 4.2.3 hereof.

 

2.13    Open Forum

2.13.1       Council will conduct an Open Forum as part of the Ordinary Council Meeting held on the first Tuesday of each month.

 

2.13.2       Council may conduct an Open Forum at the second Council Meeting of the month if determined necessary by the Mayor and/or the General Manager.

 

             2.13.3       Council sets aside a maximum of 30 minutes for the conduct of the Open Forum. Each speaker will have a maximum of 5 minutes to address the meeting. Any extension of time is at Council’s discretion.

 

             2.13.4       Speaker’s presentations to Council must relate specifically to an item on the Council Meeting agenda for that meeting.

 

2.13.5       Speakers are able to present to Council orally only, no electronic presentation can be made. If handouts are to be provided, these are to be supplied to the General Manager by 4pm on the day of the meeting.

 

2.13.6       Conduct

 

a)         Essentially the key principles in Council’s Code of Conduct should be expected of each speaker who addresses the Open Forum.

 

b)        Those principles incorporate integrity, objectivity, accountability, openness, honesty and respect.

 

c)         The Open Forum does not provide private parliamentary privilege to speakers, Councillors or staff.

 

2.13.7       Speakers are expected:

 

a)         to behave in a manner that does not cause any reasonable person unwarranted offence or embarrassment.

 

b)        to Act lawfully, honestly and to exercise a degree of care and diligence in the comments made.

 

c)         to observe the highest standards of honesty and integrity and to avoid conduct (verbal/actions) that might suggest any departure from the key principles of conduct.

 

d)        to be frank, honest and open when presenting to Council.

 

e)        to avoid any behaviour that could be deemed to be an Act of disorder or misbehaviour such as insults or personal reflections on or imputes employee motives when discussing others.

 

f)         to not behave in a manner that might be considered to be threatening to or harassment of Councillors or Council staff.

 

2.13.8       Unacceptable behaviour at the Open Forum

 

a)         Persons who conduct themselves in a manner considered by any reasonable person, to be disorderly, will be expelled from the forum in a similar manner as that provided under Reg Cl - 257(2).

 

 

b)        Should the behaviour of a speaker and/or audience be such that the Mayor/Chairperson of the forum deems necessary to discontinue a particular section of the forum, then the following will apply:

 

             i)          the speaker and/or persons will be asked to discontinue the offensive behaviour.

             ii)         the speaker and/or persons may be asked to leave the building where the meeting is being held.

             iii)        a Police Officer or any person authorised for the purpose by Council, or the person presiding may, by using only such force as is necessary, remove the person/persons from the building and if necessary restrain that person from re-entering the building.

             iv)        the person may be advised to correspond in future with Council via mail or email and/or Council’s appointed legal representative.

 

2.14    Public Notice of Meetings

2.14.1       Council must give notice to the public of the times, dates and places of its meetings and meetings of those of its Policy Committees of which all the members are Councillors (Act - S 9 (1)).

 

2.14.2       Council and each such Policy Committee must have available for the public at its offices and at each meeting, copies (for inspection or taking away by any person) of the agenda and the associated business papers (such as correspondence and reports) for the meeting (Act - S 9 (2)).

 

2.14.3       The copies are to be available free of charge (Act - S 9 (4)).

 

2.14.4       The advertisements referred to in this part shall be placed in the local print media, on a monthly basis, notifying the public as to the place, dates and times the ordinary meetings of Council, and it’s Policy Committees, are scheduled to meet (Reg Cl - 232).

 

Note: The requirement to advertise the holding of a meeting of the Council or a Policy Committee meeting does not apply to Extraordinary meetings – (Reg Cl – 232(5)). Community Committee meetings will not generally be advertised.

 

2.15    Submission of Reports/Information to Council/Policy Committee

             2.15.1       Notice of business (ie reports, Notices of Motion) for a Council Meeting or a Policy Committee Meeting must be in writing and lodged with the General Manager by no later than 10 days before the scheduled meeting (Reg Cl-241).

 

PART 3 - PROCEDURE FOR THE CONDUCT OF COUNCIL MEETINGS

 

3.1       Chairperson of Council Meetings

3.1.1         The Mayor or, at the request of or in the absence of the Mayor, the Deputy Mayor presides at meetings of the Council (Act - S369(1)).

 

3.1.2         If the Mayor and the Deputy Mayor are absent, a Councillor elected to chair the meeting by the Councillors present presides at a meeting of Council (Act - S 369(2))

 

3.1.3         If no Chairperson is present at a meeting of Council at the time designated for the holding of the meeting, the first business of the meeting must be the election of a Chairperson to preside at the meeting (Reg - Cl 236(1)).

 

3.1.4         The election must be conducted:

                   a)        by the General Manager or, in his or her absence, an employee of the Council designated by the General Manager to conduct the election (a Director or Manager Administration and Governance), or

                   b)        if neither of them is present at the meeting or there is no General Manager or designated employee – by the person who called the meeting or a person Acting on his or her behalf. 

 

3.1.5         If, at an election of a Chairperson, 2 or more candidates receive the same number of votes and no other candidate receives a greater number of votes, the Chairperson is to be the candidate whose name is chosen by lot.

 

3.1.6         For the purposes of sub-clause 3.1.5, the person conducting the election must:

a)         arrange for the names of the candidates who have equal numbers of votes to be written on similar slips, and

                   b)        then fold the slips so as to prevent the names from being seen, mix the slips and draw one of the slips at random.

 

3.1.7         The candidate whose name is on the drawn slips is the candidate who is to be the Chairperson.

 

3.2       Addressing Councillors and Staff

3.2.1         Councillors are to be addressed as “Councillor (Surname)” by other Councillors and staff during Council meetings. This applies whether or not the Councillor has a title (eg Honorable or Reverend) or qualifications (eg Doctor).

 

3.2.2         Staff should be addressed by their position title rather than name during Council or Committee Meetings.

 

3.3       Chairperson to have precedence

3.3.1   When the Chairperson rises or speaks during a meeting of Council:

                   a)        any Councillor then speaking or seeking to speak must immediately, if standing, resume his or her seat.

                   b)        every Councillor present must be silent to enable the Chairperson to be heard without interruption (Reg - Cl 237).

 

3.4       Chairperson’s duty with respect to motions

3.4.1         It is the duty of the Chairperson at a meeting of Council to receive and put to the meeting any lawful motion that is brought before the meeting.

 

3.4.2         The Chairperson must rule out of order any motion that is unlawful or the implementation of which would be unlawful.

 

3.4.3         Any motion, amendment or other matter that the Chairperson has ruled out of order is taken to have been rejected (Reg - Cl 238)

 

3.5       Confirmation of Minutes

             3.5.1         Council must ensure that full and accurate minutes are kept of proceedings of Council (Act - S 375 (1))

 

             3.5.2         The correctness of the minutes of every preceding meeting, including an extraordinary meeting, not previously confirmed must be dealt with at every ordinary meeting of the Council, in order that such minutes may be confirmed.

 

             3.5.3         A motion or discussion with respect to such minutes shall not be in order except with regard to their accuracy as a true record of the proceedings.

 

             3.5.4         Minutes may be confirmed at an extraordinary meeting of Council.

 

             3.5.5         The minutes must, when they have been confirmed at a subsequent meeting of the Council, be signed by the person presiding at that subsequent meeting (Act - S 375(2)).

 

3.6       Order of Business

          3.6.1        

Agenda items	Ordinary and Extraordinary meetings of Council	Policy Committees including those called as Extraordinary Committee meetings	Community Committees
a)  Emergency procedures	ü	ü	ü
b)  Caution given to participants in meeting that the meeting is being recorded and livestreamed	ü	ü	n/a
c)   Apologies for absence	ü	ü	ü
d)  Prayer	ü	n/a	n/a
e)  Acknowledgement of Country	ü	ü	ü
f)   Declarations of Interest	ü	ü	ü
g)  Open Forum	ü	n/a	n/a
h)  Condolences – The Mayor or Chairperson may give condolences and observe a minute’s silence	ü	n/a	ü
i)    Mayoral Minutes	ü	n/a	n/a
j)   Confirmation of minutes of previous meetings	ü	n/a	ü
k)  Acceptance of late items	ü	n/a	ü
l)    Confirmation of items listed for closed section of the meeting	ü	n/a	n/a
m) Notices of Motion and Rescission Motions	ü	n/a	n/a
n)  Reports	ü	ü	ü
o)  Closed section of meeting	ü	n/a	n/a
p)  Adoption of recommendations from Closed Meeting	ü	n/a	n/a

 

3.6.2         The order of business fixed in 3.6.1 above may be altered if a motion to that effect is passed.  Such a motion can be moved without notice.

 

3.6.3         If a Closed Meeting agenda is prepared the business thereof must be referred to in the ordinary agenda prepared for the same meeting.

 

3.6.4         Items on a Closed Meeting agenda are to include subject matter and the reason for confidentially which must be stated as being one of the following (Act - S10(A)):

a)            personnel matters concerning particular individuals.

b)           the personal hardship of any resident or ratepayer.

c)            information that would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

                                d)           commercial information of a confidential nature that would if disclosed:

·        prejudice the commercial position of the person who supplied it

·        confer a commercial advantage on a competitor of the Council

·        reveal a trade secret.

                                e)           information that would, if disclosed, prejudice the maintenance of law.

                                f)            matters affecting the security of Council, Councillors, Council staff or Council property.

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

                                h)           information concerning the nature and location of a place or an item of Aboriginal significance on community land.

                                i)             alleged contravention of any code of conduct requirements applicable under Section 440 (the Act)

 

3.6.5         Confidential items are to be listed on the agenda after all other non-confidential items.

 

             3.6.6         Council may allow members of the public to make representations to or at a meeting, before any part of the meeting is closed to the public, as to whether that part of the meeting should be closed.

 

3.7       Giving Notice of Business

             3.7.1         Council must not transact business at a meeting of Council:

 

a)        unless a Councillor has given at least three calendar days prior notice of the business in writing to the General Manager (Reg – Cl 241(1)(a)).

b)        unless notice of the business has been sent out to each Councillor at least three calendar days before each meeting of the Council specifying the time and place at which and the date on which the meeting is to be held and the business proposed to be transacted at the meeting (Reg – Cl 241(1)(b)).

 

             3.7.2         Notice of less than three days may be given to an Extraordinary Meeting called in an emergency (Act – S367)

 

             3.7.3         Sub-clause 3.7.1 does not apply to the consideration of business at a meeting if the business:

 

a)        is already before, or directly relates to a matter that is already before Council, or (Reg – Cl 241(2)(a)).

b)        is the election of a Chairperson to preside at the meeting as provided by Clause 3.1.2, or (Reg – Cl 241(2)(b)).

c)        is a matter or topic put to the meeting by the Chairperson in accordance with Clause 3.8.2, or (Reg – Cl241(2)(c)).     

d)        is a motion for the adoption of recommendations of a Policy Committee.

 

3.7.4         Despite Clause 3.7.3, business may be transacted at a meeting of a Council even though due notice of the business has not been given to the Councillors. This can only happen if:

 

a)        A motion is passed to have business transacted at the meeting (Reg – Cl 241(3)(a)).

b)        The business proposed to be forward is ruled by the Chairperson to be of great urgency (Reg – Cl 241(3)(b)).

 

Such a motion shall be moved without notice.

 

3.8       Agenda for Extraordinary Meeting

             3.8.1         The General Manager must ensure that the agenda for an Extraordinary Meeting of Council deals only with the matters stated in the notice of the meeting (Reg – Cl 242(1)).

 

             3.8.2         Despite Clause 3.8.1, business may be transacted at an extraordinary meeting of Council even though due notice of the business has not been given to Councillors. However, this can only happen if:

 

a)         a motion is passed to have the business transacted at the meeting (Reg – Cl 242(2)(a)).

b)        the business proposed to be brought forward is ruled by the Chairperson to be of great urgency (Reg – Cl 242(2)(b)).

 

                                Such a motion can be moved without notice, but only after the business notified in the agenda for the meeting has been dealt with (Reg - Cl 242(2))

 

3.9       Mayoral Minutes

             3.9.1         If the Mayor (or the Deputy Mayor, if acting for the Mayor) is the Chairperson at a meeting of Council, the Chairperson is, by Mayoral Minute signed by the Chairperson, entitled to put to the meeting without notice any matter or topic that is within the jurisdiction of Council of which Council has official knowledge. (Reg – Cl 243(1))

 

             3.9.2         Such a Mayoral Minute, when put to the meeting, takes precedence over all business on Council’s agenda for the meeting. The Chairperson (but only if the Chairperson is the Mayor, or the Deputy Mayor, if acting for the Mayor) may move the adoption of the Mayoral Minute without the motion being seconded. (Reg – Cl 243(2))

 

             3.9.3         A recommendation made in a Mayoral Minute of the Chairperson (being the Mayor, or Deputy Mayor, if acting for the Mayor) or in a report made by a Council employee is, so far as adopted by Council, a resolution of Council. (Reg - Cl 243(3))

 

3.10    Matters to be included in Minutes of Council Meeting

3.10.1       The General Manager must ensure that the following matters are recorded in Council’s minutes:

 

a)            Details of each motion moved at a Council Meeting and of any amendments (Act Cl  254(b)).

b)           The name of the mover and seconder of each motion and amendment (Cl 254(b)).

c)            Whether each motion and amendment is passed or lost (Cl 254(c)).

d)           The circumstances and reasons relating to the absence of a quorum together with names of the Councillors present (Cl 233(3))

e)           The dissenting vote of a Councillor if requested (Cl 251(2)).

f)            The names of the Councillors who voted for a motion in a division and those

                who voted against it (Cl 251(4)). Note that a division is always required when a

                motion for planning decision is put at a meeting of the Council (Act - 375A)

g)            The grounds for closing a part of a meeting to the public (Act - 10D).

h)           The report of a Council Committee leading to a rescission or alteration motion (Act 372(6)).

i)             Any question asked to staff that is taken on notice.

j)             The disclosure to a meeting by a Councillor of a pecuniary interest (Act 453).

k)            When Council makes a decision against the recommendation of staff or Council–engaged experts, the reason(s) for this should be minuted, particularly when determining Development Applications against the recommendation of Council staff.

l)             The Oath or Affirmation of Office taken by Councillors following a Local Government Election.

 

3.11    Matters that will not be included in Council Meetings

             a)               Motions or amendments not recorded.

             b)               Motions or amendments withdrawn prior to any vote being taken.

             c)               Points of personal explanations or opinions.

             d)               General discussion.

             e)               Points of order not proceeded with.

 

3.12    Report of a Departmental Representative to be tabled at Council Meeting

3.12.1       When a report of a NSW Office of Local Government representative has been presented to a meeting of Council in accordance with Section 433 of the Act, Council must ensure that the report:

 

a)        is laid on the table at that meeting; and

b)        is subsequently available for the information of Councillors and members of the public at all reasonable times (Reg - Cl 244)

            

3.13    Notices of Motion

             3.13.1       Notices of motion should start with the word “that” and should be clear, brief and accurate.

 

             3.13.2       A Councillor could submit more than one notice of motion on the same topic.

 

             3.13.3       Notices of motion should be written in a positive sense so that a ‘yes’ vote indicates support.

 

             3.13.4       The General Manager will provide appropriate comments from a staff perspective where appropriate however these comments will not refer to the merit of any notice of motion.

 

             3.13.5       Notices of Motion are to be lodged with the General Manager by 9am at least 10 days before the scheduled meeting.

 

3.14    Notice of Motion – Absence of Mover

3.14.1       In the absence of a Councillor who has placed a notice of motion on the agenda for a meeting of the Council:

 

a)        any other Councillor may move the motion at the meeting, or

b)        the Chairperson may defer the motion until the next meeting of the Council at which the motion can be considered (Reg - Cl 245)

 

3.15    Motions to be seconded

3.15.1       A motion or an amendment cannot be debated unless or until it has been seconded. This Clause is subject to Clause 3.19 (Reg - Cl 246).

 

3.15.2       The seconder of a motion or of an amendment may reserve the right to speak later in the debate, subject to Clause 3.19.

 

3.15.3       It is permissible to debate the motion and an amendment concurrently.

 

3.16    How subsequent amendments may be moved

3.16.1       If an amendment has been accepted or rejected, a further amendment can be moved to the motion in its original or amended form (as the case may be), subject to the further amendment being foreshadowed and so on, but no more than one motion and one proposed amendment can be before Council at any one time. (Reg - Cl 247)

 

3.16.2       During the debate on an amendment, if a further amendment is foreshadowed, the subject and the detail of the foreshadowed amendment shall not be indicated, and any such foreshadowed amendment shall not be moved and debated until the amendment being debated is dealt with.

 

3.16.3       An amendment must relate solely to the subject matter of the motion and not to something else. The Chairperson shall reject an amendment if the proposed amendment:

 

a)    Is a direct negative, or contradiction, of the motion or has that effect.

b)    Does not relate to the motion.

 

3.17    Motions of Dissent

3.17.1       A Councillor can, without notice, move to dissent from the ruling of the Chairperson on a point of order. If that happens, the Chairperson must suspend the business before the meeting until a decision is made on the motion of dissent (Reg – Cl 248(1)).

 

Note: A point of order occurs where a person formally draws the attention of the Chairperson of a meeting to an alleged irregularity in the proceedings of the meeting.

 

3.17.2       If a motion of dissent is passed, the Chairperson must proceed with the suspended business as though the ruling dissented from had not been given. If, as a result of the ruling, any motion or business has been discharged as out of order, the Chairperson must restore the motion or business to the agenda and proceed with it in due course. (Reg – Cl 248(2))

 

3.17.3       Only the mover of a motion of dissent and the Chairperson can speak to the motion before it is put. The mover of the motion does not have a right of general reply. (Reg – Cl 248(3))

 

3.18    Questions may be put to Councillors and Council employees

          3.18.1 A Councillor:

 

a)         may, through the Chairperson, put a question to another Councillor.

b)        may, through the Chairperson and the General Manager, put a question to a Council employee. (Reg - Cl 249(1))

 

3.18.2       However, a Councillor or Council employee to whom a question is put is entitled to be given reasonable notice of the question and, in particular, sufficient notice to enable reference to be made to other persons or to documents. (Reg - Cl 249(2))

 

3.18.3       Any such question must be put directly, succinctly, and without argument. (Reg - Cl 249(3))

 

3.18.4       The Chairperson must not permit discussion on any reply or refusal to reply to a question put to a Councillor or Council employee under this Clause. (Reg - Cl 249(4))

 

3.18.5       If a question is asked of a member of staff that requires time to respond, the question will be taken on notice and recorded in the minutes.

 

3.19    Limitation as to number of speeches

3.19.1       A Councillor who, during a debate at a meeting of Council, moves an original motion has the right of general reply to all observations that are made by Councillors during the debate in relation to the motion and to any amendment to it, as well as the right to speak on any such amendment. (Reg - Cl 250(1))

 

3.19.2       A Councillor, other than the mover of an original motion, has the right to speak once on the motion and once on each amendment to it. (Reg - Cl 250(2))

 

3.19.3       A Councillor must not, without the consent of Council, speak more than once on a motion or an amendment, or for longer than five minutes at any one time. However, the Chairperson may permit a Councillor who claims to have been misrepresented or misunderstood to speak more than once on a motion or an amendment, and for longer than five minutes on that motion or amendment to enable the Councillor to make a statement limited to explaining the misrepresentation or misunderstanding. (Reg - Cl 250(3))

 

 

3.19.4       Despite sub-clause 3.19.3, a Councillor may move that a motion or an amendment be now put:

 

a)         if the mover of the motion or amendment has spoken in favour of it and no Councillor expresses an intention to speak against it.

b)        if at least two Councillors have spoken in favour of the motion or amendment and at least two Councillors have spoken against it. (Reg - Cl 250(4))

 

3.19.5       The Chairperson must immediately put to the vote, without debate, a motion moved under sub-clause 3.19.4. A seconder is not required for such a motion. (Reg - Cl 250(5))

 

3.19.6       If a motion that the original motion or an amendment be now put is passed, the

                   Chairperson must, without further debate, put the original motion or amendment to

                   the vote immediately after the mover of the original motion has exercised his or her

                   right of reply under sub-clause 3.19.1. (Reg – Cl 250 (6))

 

3.19.7       If a motion that the original motion or an amendment be now put is rejected, the Chairperson must allow the debate on the original motion or the amendment to be resumed. (Reg - Cl 250(7))

 

3.20    Motions put without debate

3.20.1       Provided there is no objection from any Councillor present, any motion or recommendation before Council may be put to the vote without discussion or debate.

 

3.21    Voting at Council Meetings

3.21.1       Each Councillor is entitled to one vote. (Act - S 370(1))

 

3.21.2       However, the Chairperson has, in the event of an equality of votes, a second or casting vote. (Act - S 370(2))

 

3.21.3       A Councillor who is present at a meeting of Council but who fails to vote on a motion put to the meeting is taken to have voted against the motion. (Reg - Cl 251(1)).

 

3.21.4       The Chairperson in using a casting vote does not need to vote the same way on their first and second vote.

 

3.21.5       Should the Chairperson fail to exercise a casting vote, the motion being voted on would be lost.

 

3.21.6       If a Councillor who has voted against a motion put at a Council Meeting so requests, the General Manager must ensure that the Councillor’s dissenting vote is recorded in Council Minutes. (Reg - Cl 251(2)).

 

3.21.7       The decision of the Chairperson as to the result of a vote is final, unless: (Reg - Cl 251(3))

 

a)            in the case where a vote has been declared on the voices, a Councillor immediately requests a show of hands; or

b)           the decision is immediately challenged and not fewer than two Councillors rise and demand a division. (Reg - Cl 251(3)).

 

3.21.8       A division is a means by which the support or objection to a motion is easily seen and recorded.

 

3.21.9       When a division on a motion is demanded by two Councillors, the Chairperson must ensure that the division takes place immediately. The General Manager must ensure that the names of those who vote for the motion and those who vote against it are respectively recorded in Council Minutes. (Reg - Cl 251(4))

 

3.21.10     Voting at a Council Meeting, including voting in an election at such a meeting, is to be by open means (such as on the voices or by show of hands). However, Council may resolve that the voting in an election by Councillors for Mayor and Deputy Mayor is to be by secret ballot. (Reg – Cl 251(5))

 

Note: The Local Government (General) Regulation 2005 provides that a Council is to resolve whether an election by the Councillors for Mayor or Deputy Mayor is to be by preferential ballot, ordinary ballot or open voting (Clause 394 and Clause 3 of schedule 7). Clause 3 of schedule 7 of the Regulation also makes it clear that “ballot” has its normal meaning of secret ballot.

 

3.21.11     Voting on any planning decision is to be via a division and a record of voting included in the Minutes.

 

3.21.12     “Planning decision” means a decision made in the exercise of a function of Council under the Environmental Planning and Assessment Act 1979:

 

                   a)            Including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but

                   b)           Not including the making of an order under Division 2A of Part 6 of that Act.

 

3.21.13     The General Manager is required to keep a register containing, for each planning decision made at a meeting of Council or a Policy Committee, the names of the Councillors who supported the decision and the names of any Councillors who opposed (or are taken to have opposed) the decision.

 

3.21.14     For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of Council or Policy Committee.

 

3.21.15     Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the Regulations.

 

3.21.16     This section extends to a meeting that is closed to the public.

                  

3.21.17     Voting on any tender decision is to be via a division and record of voting included in the Minutes.

 

 

3.22    Representations by members of the public – closure of part of meeting

3.22.1       A representation at a Council Meeting by a member of the public as to whether a part of the meeting should be closed to the public, can only be made for a period of one minute, (ie - each member of the public will be limited to speaking for no more than one minute each) immediately after the motion to close the part of the meeting is moved and seconded. (Reg - Cl 252)

 

3.22.2       The Mayor, or the Chairperson of the Council Meeting, may allow only such number of members of the public to make representations on the proposed closure as is sufficient, in the opinion of the Mayor or Chairperson, to enable Council to gauge the views of the members of the public present.

 

3.22.3       The process that will be followed for public representations will be:

 

Step 1                   Mayor or Chairperson announces those items listed for consideration by a closed meeting.

 

Step 2             Mayor or Chairperson asks of General Manager if any written representations have been received, or if any member present in the public gallery wishes to make a verbal representation. Each verbal representation will be limited to one minute per person.

 

Step 3             After the verbal representations (if any) the Mayor or Chairperson puts the Motion to consider items in a Closed Meeting.

 

Step 4             When that matter has been decided, the persons who made the verbal representations should be informed as to whether the matter will be discussed in open, or Closed Council.

 

       Step 5            When the subject matter is decided at Step 3, there will be two ways that the matter can be dealt with - either Council decided to deal with the matter in a Closed Meeting (despite the representations), or Council decided to deal with the matter in Open Council. Depending on the decision of Council, these matters will then be dealt with as follows:

 

a)            If decided to be dealt with in Closed Meeting - continue with the business in the ordinary course

b)           If decided to be dealt with in Open Council – the matter which has been the subject of representations is dealt with as the last item in the Meeting.

 

3.23    Decisions of Council

             3.23.1       A decision supported by a majority of the votes at a meeting of Council at which a quorum is present is a decision of Council. (Act - S 371)

 

3.23.2       Council is a body politic of the State with perpetual succession and the legal capacity and powers of an individual (Act-S220). This means that Council is legally separate from the Councillors on it, and that Council decisions are not affected by changes in the Councillors.

 

3.24    Council decision making during election periods

3.24.1     Council is expected to assume a ‘care-taker’ role during election periods to ensure that major decisions are not made which limit the actions of an incoming Council.

 

3.25    Resolutions passed at Closed Meetings to be made public

3.25.1       If Council passes a resolution during a meeting, or a part of a meeting, that is closed to the public, the Chairperson must make the resolution public as soon as practicable after the meeting or part of the meeting has ended. (Reg – Cl 253)

 

3.26    Rescinding or altering resolutions

 

3.26.1       A resolution passed by Council may not be altered or rescinded except by a motion to that effect of which notice has been duly given in accordance with this Code (Act - S 372(1))

 

3.26.2       If it is proposed to move a further motion in the event that a rescission motion is carried, the required notice may also be given of the proposed further motion.

 

3.26.3       If a notice of motion to rescind or alter a resolution is given:

 

a)            at the meeting at which the resolution is carried, the resolution must not be carried into effect until the motion of rescission or alteration has been dealt with; or (Act - 372 (2))

 

b)           at any time after the meeting at which the resolution was passed such Notice of motion to rescind does not prevent the carrying into effect of the resolution pending the determination of the notice of motion for rescission, unless such motion for rescission is received by 12 noon on the working day immediately after the meeting.

 

3.26.4       If a motion has been negatived by Council, a motion having the same effect must not be considered unless notice of it has duly been given in accordance with Clause 18. (Act - S 372 (3))

 

3.26.5       A notice of motion to alter or rescind a resolution, and a notice of motion which has the same effect as a motion which has been negatived by Council, must be signed by at least three Councillors if less than three months has elapsed since the resolution was passed, or the motion was negatived, as the case may be. (Act - S 372 (4))

 

3.26.6       If a motion to alter or rescind a resolution has been negatived, or if a motion which has the same effect as a previously negatived motion, is negatived, no similar motion may be brought forward within three months. This sub-clause may not be evaded by substituting a motion differently worded, but in principle the same. (Act - S 372(5))

 

3.26.7       A motion to which this Clause applies may be moved on the report of a Policy Committee of Council and any such report must be recorded in the minutes. (Act - S 372(6))

 

3.26.8       The provisions of this Clause concerning negatived motions do not apply to motions of adjournment. (Act - S 372(7))

 

3.26.9       Where verbal notice of a rescission motion is given at a Council or Policy Committee Meeting, the Councillor(s) providing that notice must provide the signed, written rescission motion to the General Manager within two days of the meeting.

3.27    Petitions

3.27.1       Petitions may be submitted to Council in writing (other than pencil) or in electronic form. The specific issue addressed in the petition and the number of signatories may be included in the Council business paper, but details of signatories will not.

 

3.27.2       Petitions submitted to Council must include:

a)         A clear and concise statement covering the subject matter of the petition. The statement should state what action petitioners want Council to take

b)        The name, address and signature or email address in the case of electronic petitions, of any person supporting the petition

c)         The name, address and contact details of the main petition contact.

 

3.27.3 Petitions that relate to operational matters will be referred to the General Manager.

 

PART 4 - KEEPING ORDER AT MEETINGS

 

4.1       Questions of order

4.1.1         Councillors must act honestly and reasonably in carrying out of functions (Act S 439). Guidance on acceptable conduct can be found in Council’s Code of Conduct.

 

4.1.2         The Chairperson, without the intervention of any other Councillor, may call any Councillor to order whenever, in the opinion of the Chairperson, it is necessary to do so. (Reg - Cl 255(1))

 

4.1.3         A Councillor who claims that another Councillor has committed an act of disorder, or is out of order, may call the attention of the Chairperson to the matter. (Reg - Cl 255(2))

 

4.1.4         The Chairperson must rule on a question of order immediately after it is raised but, before doing so, may invite the opinion of Council. (Reg - Cl 255(3))

 

4.1.5         The Chairperson’s ruling must be obeyed unless a motion dissenting from the ruling is passed. (Reg - Cl 255(4))

 

4.1.6         The Chairperson may reject any motion, amendment, or other matter which is, in the opinion of the Chairperson, out of order, before it is moved or seconded.

 

4.2       Acts of disorder

4.2.1         A Councillor commits an act of disorder if the Councillor, at a meeting of Council or a Policy or Community Committee of Council:

a)            contravenes the Act, any regulation in force under the Act.

b)           assaults or threatens to assault another Councillor or person present at the meeting.

c)            moves or attempts to move a motion or an amendment that has an unlawful purpose or that deals with a matter that is outside the jurisdiction of Council or Policy or Community Committee, or addresses or attempts to address Council or Policy or Community Committee on such a motion, amendment or matter.

d)           insults or makes personal reflections on or imputes improper motives to any other Councillor or staff member

e)           says or does anything that is inconsistent with maintaining order at the meeting or is likely to bring Council or Policy or Community Committee into contempt (Reg - Cl 256(1))

 

4.2.2         The Chairperson may require a Councillor:

 

a)            to apologise without reservation for an act of disorder referred to in sub-clause 4.2.1(a) or 4.2.1(b).

b)           to withdraw a motion or an amendment referred to in sub-clause 4.2.1(c) and, where appropriate, to apologise without reservation.

c)            to retract and apologise without reservation for an act of disorder referred to in sub-clause 4.2.1(d).  (Reg - Cl 256(2))

 

4.2.3         A Councillor may, as provided by section 10(2)(a) or (b) of the Act, be expelled from a meeting of Council or from a Policy or Community Committee by the Chairperson presiding at the meeting, for having failed to comply with a requirement under sub-clause 4.2.2. The expulsion of a Councillor under this sub-clause does not prevent any other Action from being taken against the Councillor for the act of disorder concerned. (Reg - Cl 256(3) & Act - S10 (2))

 

4.3       How disorder at a meeting may be dealt with

4.3.1         If disorder occurs at a meeting of Council or Policy or Community Committee, the Chairperson may adjourn the meeting for a period of not more than 15 minutes and leave the Chair. Council, on reassembling, must, on a question put from the Chairperson, decide without debate whether the business is to be proceeded with or not. This sub-clause applies to disorder arising from the conduct of members of the public as well a disorder arising from the conduct of Councillors. (Reg - Cl 257(1))

 

4.3.2         A member of the public may be expelled from a meeting of Council or from a Policy or Community Committee by the Chairperson presiding at the meeting, for engaging in or having engaged in disorderly conduct at the meeting. (Reg - Cl 257(2) and Act - S 10 (2))

 

4.4       Power to remove persons from meeting after expulsion resolution

4.4.1         If a Councillor or a member of the public fails to leave the place where a meeting of a Council is being held:

 

a)            immediately after Council has passed a resolution expelling the Councillor or member from the meeting.

b)           where Council has authorised the person presiding at the meeting to exercise the power of expulsion - immediately after being directed by the person presiding to leave the meeting.

 

A police officer, or any person authorised for the purpose by Council or person presiding, may, by using only such force as is necessary, remove the Councillor or member from that place and, if necessary, restrain the Councillor or member from re-entering that place. (Reg Cl 258)

 

 

PART 5 – CLOSED COUNCIL

 

5.1       Closed Council

5.1.1         Council may resolve itself into a Closed Meeting to consider any matter before Council. (Act - S 373)

 

5.1.2         All the provisions of this Code relating to meetings of Council, so far as they are applicable, extend to and govern the proceedings of a Closed Meeting.

 

5.1.3         The General Manager or, in the absence of the General Manager, an employee of the Council designated by the General Manager, is responsible for reporting to the Council proceedings in a Closed Meeting. It is not necessary to report the proceedings in full but any recommendations of the Closed Meeting must be reported. (Reg - Cl 259(2))

 

5.1.4         Council must ensure that a report of the proceedings (including any recommendations of the Closed Meeting) is recorded in Council’s minutes. However, Council is not taken to have adopted the report until a motion for adoption has been made and passed. (Reg - Cl 259(3))

 

5.2       Exclusion of the public from Closed Meetings of Council

5.2.1         Council, or a Committee of Council of which all members are Councillors, may close to the public so much of its meeting as comprises:

 

a)            the discussion of any of the matters listed in Clause 5.2.2.

b)           the receipt or discussion of any of the information so listed.

 

5.2.2         The matters considered by a Closed meeting are restricted to:

 

a)            personnel matters concerning particular individuals.

b)           the personal hardship of any resident or ratepayer.

c)            information that would, if disclosed, confer a commercial advantage on a   person with whom the Council is conducting (or proposes to conduct) business.

d)           commercial information of a confidential nature that would, if disclosed:

 

             i)          prejudice the commercial position of the person who supplied it.

ii)         confer a commercial advantage on a competitor of Council.

 

e)            reveal a trade secret.

f)            information that would, if disclosed, prejudice the maintenance of law

matters affecting the security of Council, Councillors, Council staff or Council property.

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

h)           information concerning the nature and location of a place or an item of Aboriginal significance on community land. (Act – S 10A(1))

i)             alleged contravention of any code of conduct requirements applicable under Section 440 (the Act)

 

5.2.3         For the purpose of determining whether the discussion of a matter in an open meeting would be contrary to the public interest, it is irrelevant that (Act – S 10B(4)):

 

a)            a person may misinterpret or misunderstand the discussion, or

b)           the discussion of the matter may:

 

i)          cause embarrassment to the Council or to Councillors or to employees of the Council.

ii)         cause a loss of confidence in the Council.

 

5.2.4         In deciding whether part of a meeting is to be closed to the public, the Council must have regard to any relevant guidelines issued by the Chief Executive of the Office of Local Government. (Act – S 10B(5)).

 

5.2.5         Part of a meeting of Council may be closed to the public while the Council considers a matter that has not been identified in the agenda for the meeting as a matter that is likely to be considered when the meeting is closed, but only if: (Act – S 10C)

 

a)            it becomes apparent during the discussion of a particular matter that the matter is a matter referred to in sub-clause 5.2.2 and

b)           the Council after considering any representations made under sub-clause 3.22 resolves that further discussion on the matter:

 

i)          Should not be deferred (because of the urgency of the matter), and

ii)         Should take place in a part of the meeting that is closed to the public.

 

5.2.6         The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting. (Act – S 10D(1)).

 

5.2.7         The grounds must specify the following (Act –S 10D (2)):

 

a)            the relevant provision of Section 10A(2) of the Act.

b)           the matter that is to be discussed during the closed part of the meeting.

c)            the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

 

5.2.8         If Council passes a resolution during a meeting, or part of a meeting, that is closed to the public, the Chairperson must make the resolution public as soon as practicable after the meeting or part of the meeting has ended. (Reg – Cl 253)

 

5.2.9         Once Council has finished business in a Closed meeting, it must formally resolve to move back into open Council.

 

 

 

PART 6 - COUNCIL COMMITTEES

 

6.1       Council may establish Committees

6.1.1         The Council may, by resolution, establish such Committees, as it considers necessary. (Reg - Cl 260(1))

 

6.1.2         A Policy Committee is to consist of the Mayor and such other Councillors as are elected by the Councillors or appointed by the Council. (Reg - Cl 260(2))

 

6.13           A Community Committee is to consist of the Councillors as nominated by Council, and other members as appointed by Council.

 

6.1.4         The quorum for a meeting of a Policy or Community Committee is to be:

a)            such number of members as the Council decides; or

b)           if the Council has not decided a number - a majority of the members of the Committee. (Reg - Cl 260(3))

 

6.2       Functions of Committees

6.2.1         Council must specify the functions of each of its Policy and Community Committees when the Committee is established, but may from time to time amend those functions. (Reg - Cl 261)

 

6.2.2         Working Parties, Community or Advisory Committees can make recommendations to Council but do not have power to make decisions or direct staff.

 

6.2.3         Policy Committees can make resolutions on matters in accordance with the delegation of the Committee as resolved by Council with the exception of any action that will alter the budgetary position of Council. Those items will be recommendations made to Council for consideration at a Council Meeting.

 

6.3       Notice of Committee Meetings to be given

6.3.1         The General Manager must send to each member, at least three clear days before each meeting of the Policy or Community Committee, a notice specifying:

 

a)            the time and place at which and the date on which the meeting is to be held.

b)           the business proposed to be transacted at the meeting. (Reg - Cl 262(1))

 

6.3.2         However, notice of less than three days may be given of a Policy or Community Committee meeting called in an emergency. (Reg - Cl 262(2))

 

6.4       Submission of reports or information to Council Committees

             6.4.1         Notice of business (ie reports or information) for a Policy or Community Committee meeting must be in writing and lodged with the General Manager at least 10 days before the scheduled date of the meeting.

 

             6.4.2         General business cannot be raised for consideration at a Policy or Community Committee Meeting if due notice has not been provided, or the Chairperson has ruled the matter as urgent.

 

 

6.5       Non-members entitled to attend Committee Meetings

6.5.1         A Councillor who is not a member of a Community Committee is entitled to attend, and to speak at, a meeting of the Community Committee. (Reg - Cl 263(1))

 

6.5.2         However, the Councillor is not entitled:

a)            to give notice of business for inclusion in the agenda for the meeting.

b)            to move or second a motion at the meeting.

c)            to vote at the meeting. (Reg - Cl 263(2))

 

6.6       Procedure in Committees

             6.6.1         Subject to sub-clause 3.6.1, each Policy or Community Committee of the Council may regulate its own order of business. (Reg - Cl 265(1))

 

6.6.2         No Policy Committee nor any Working Party, Community or Advisory Committee Chairperson will have a casting vote and any deadlocked decisions will be referred to the relevant Policy Committee or to Council if the matter arises at a Policy Committee Meeting.

 

6.6.3         Voting at a Policy or Community Committee meeting is to be by open means (such as on the voices or by show of hands). (Reg - Cl 265(3))

 

6.6.4         Voting at the Planning and Development Committee or Council Meeting in relation to any planning decision or tender is to be done by way of a division and voting recorded in the minutes.

 

6.7       Committees to keep Minutes

             6.7.1         Each Policy and Community Committee of Council must ensure that full and accurate minutes of the proceedings of its meeting are kept. In particular, a Committee must ensure that the following matters are recorded in the Committee’s minutes:

 

a)     details of each motion moved at a meeting and of any amendments moved to it.

b)     the names of the mover and seconder of the motion or amendment.

c)      whether the motion or amendment is passed or lost. (Reg - Cl 266(1))

 

             6.7.2         Following the conduct of a Community Committee Meeting, the Chairperson will be requested by the Committee Clerk to confirm the minutes of the meeting are a true and accurate record of the meeting. The minutes can then be presented to Council for consideration.

            

6.7.3         As soon as the minutes of an earlier meeting of a Community Committee of the Council have been confirmed at a later meeting of the Committee, the person presiding at the later meeting must sign the minutes of the earlier meeting. (Reg – Cl 266(2))

 

6.8       Chairperson and Deputy Chairperson of Committees

6.8.1         The Chairperson of each Policy and Community Committee of Council, must be:

 

a)            the Mayor.

b)           if the Mayor does not wish to be the Chairperson of a Policy or Community Committee - a member of the Committee elected by Council. (Reg – Cl 267(1))

c)            if the Council does not elect such a member - a member of the Committee elected by the Committee. (Reg - Cl 267(1))

 

6.8.2         Council may elect a member of a Policy or Community Committee of Council as Deputy Chairperson of the Committee. If Council does not elect a Deputy Chairperson of such a Committee, the Committee may elect a Deputy Chairperson. (Reg - Cl 267(2))

 

6.8.3         If neither the Chairperson nor the Deputy Chairperson of a Policy or Community Committee of Council is able or willing to preside at a meeting of the Committee, the Committee must, prior to the consideration of any business, elect a member of the Committee to be Acting Chairperson of the Committee. (Reg - Cl 267(3))

 

6.8.4         The Chairperson is to preside at a meeting of a Policy or Community Committee of Council. If the Chairperson is unable or unwilling to preside, the Deputy Chairperson is to preside at the meeting, but if neither the Chairperson nor the Deputy Chairperson is able or willing to preside, the Acting Chairperson is to preside at the meeting. (Reg - Cl 267(4))

 

6.9       Absence from Committee Meetings

6.9.1         A member (other than the Mayor) ceases to be a member of a Community Committee if the member:

 

                   a)            has been absent from three consecutive meetings of the Community Committee without having given reasons acceptable to the Community Committee for the member’s absences.

                   b)           has been absent from at least half of the meetings of the Community Committee held during the immediately preceding year without having given to the Community Committee acceptable reasons for the member’s absences. (Reg - Cl 268(1))

 

6.9.2         Sub-clause 6.8.1 does not apply in respect of a Policy Committee that consists of all of the members of Council. (Reg - Cl 268(2))

 

6.10    Reports of Policy and Community Committees

6.10.1       If in a report of a Policy or Community Committee distinct recommendations are made, the decision of Council may be made separately on each recommendation. (Reg - Cl 269(1))

 

6.10.2       The recommendations of a Policy or Community Committee are, so are as adopted by the Council, resolutions of Council. (Reg - Cl 269(2))

 

 

 

6.11    Disorder in Committee Meetings

6.11.1       The provisions of the Act, the Regulation and this Code relating to the maintenance of order in Council Meetings apply to meetings of Policy and Community Committees of Council in the same way as they apply to meetings of Council. (Reg - Cl 270)

 

6.12    Committees shall not have power to incur expenditure

6.12.1       A Policy or Community Committee shall not have power to incur expenditure or to bind the Council. Recommendations or reports of Policy or Community Committees shall not have effect unless and until adopted by the Council. Provided that Council may delegate to Policy or Community Committees functions of inspection and supervision, and any orders which a Policy or Community Committee may find it necessary to give in pursuance of any such delegation shall be given to or through the General Manager.

 

6.13    Inspection Committees

6.13.1       Inspection Committees shall not have the power to make decisions.

 

6.13.2       Council may undertake inspections of sites, projects or proposals to allow Councillors to collect information to support their decision-making.

 

6.13.3       Any such inspection is for information purposes only and no formal decisions can be made.

 

PART 7 - PECUNIARY INTERESTS

 

7.1       Pecuniary Interest

7.1.1         For the purposes of this Part, a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated as provided in Clause 7.2.1. (Act – S 442 (1))

 

7.1.2         A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to a matter or if the interest is of a kind specified in Clause 7.2.2. (Act – S 442 (2))

 

7.2       Persons who have a Pecuniary Interest

7.2.1         For the purposes of this Part, a person has a pecuniary interest in a matter if the pecuniary interest is the interest of:

 

a)            the person.

b)           the person’s spouse or de facto partner or a relative of the person, or a partner or employer of the person.

c)            a company or other body of which the person, or a nominee, partner or employer of the person, is a member (Act – S 443(1))

 

 

7.2.2         However, a person is not taken to have a pecuniary interest in a matter as referred to in sub-section 7.2.1(b) or (c):

 

                   a)            if the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative, partner, employer or company or other body.

b)           Just because the person is a member of, or employed by, a Council or a statutory body or employed by the crown.              

c)            Just because the person is a member of, or delegate of a Council to, a company or other body that has a pecuniary interest in the matter, so long as the person has not beneficial interest in any shares of the company or body. (Act – S 443(3))

 

7.3       What Interests do not have to be disclosed

7.3.1         The following interests do not have to be disclosed for the purposes of this Part:

 

a)            an interest as an elector.

b)           an interest as a ratepayer or a person liable to pay a charge.

c)            an interest in any matter relating to the terms on which the provision of a service or the supply of goods or commodities is offered to the public generally, or to a section of the public that includes persons who are not subject to this Part.

d)           an interest in any matter relating to the terms on which the provision of a service or the supply of goods or commodities is offered to a relative of the person by the Council in the same manner and subject to the same conditions as apply to persons who are not subject to this Part.

e)           an interest as a member of a club or other organisation or association, unless the interest is as the holder of an office in the club or organisation (whether remunerated or not).

f)            an interest of a member of a Council Community Committee as a person chosen to represent the community or as a member of a non-profit organisation or other community or special interest group if the Community Committee member has been appointed to represent the organisation or group on the Community Committee.

g)            an interest in a proposal relating to the making, amending, altering or repeal of an environmental planning instrument, other than an instrument that effects a change of permissible uses of:

 

i)          land in which the person or another person with whom the person is associated as provided in 7.2.1 or 7.2.2 has a proprietary interest (which, for the purposes of this paragraph, includes any entitlement to the land at law or in equity and any other interest or potential interest in the land arising out of any mortgage, lease, trust, option or contract, or otherwise); or

 

                                               ii)         land adjoining, or adjacent to, or in proximity to land referred to in sub-clause 7.2.2.

 

if the person or the other person, company or body referred to in 7.2.1 or 7.2.2 would by reason of the proprietary interest have a pecuniary interest in the proposal.

h)           an interest relating to a contract, proposed contract or other matter if the interest arises only because of a beneficial interest in shares in a company that does not exceed 10 per cent of the voting rights in the company.

i)             an interest of a person arising from the proposed making by Council of an agreement between Council and a corporation, association or partnership, being a corporation, association or partnership that has more than 25 members, if the interest arises because a relative of the person is a shareholder (but not a director) of the corporation or is a member (but not a member of the Community Committee) of the association or is a partner of the partnership.

j)             an interest of a person arising from the making by Council of a contract or agreement with a relative of the person for or in relation to any of the following, but only if the proposed contract or agreement is similar in terms and conditions to such contracts and agreements as have been made, or as are proposed to be made, by Council in respect of similar matters with other residents of the area:

 

i)             the performance by Council at the expense of the relative of any work or service in connection with roads or sanitation.

ii)            security for damage to footpaths or roads.

iii)           any other service to be rendered, or Act to be done, by Council by or under any Act conferring functions on Council or by or under any contract.

 

k)            an interest relating to the payment of fees to Councillors (including the Mayor and Deputy Mayor).

l)             an interest relating to the payment of expenses and the provision of facilities to Councillors (including the Mayor and Deputy Mayor) in accordance with a policy under Section 252 of the Act.

m)          an interest relating to an election to the office of Mayor arising from the fact that a fee for the following 12 months has been determined for the Office of Mayor.

n)           an interest of a person arising from the passing for payment of a regular account for wages or salary of an employee who is a relative of the person.

o)           an interest arising from being covered by, or a proposal to be covered by, indemnity insurance as a Councillor or member of a Council Community Committee.

p)           an interest arising from appointment of a Councillor to a body as representative or delegate of Council, whether or not a fee or other recompense is payable to the representative of delegate. 

 

7.4       Disclosure and participation in Meetings – Councillors or members of Policy or Community Committees

7.4.1         A Councillor, or a member of a Council Community Committee, who has a pecuniary interest in any matter with which Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable. (Act - S 451(1))

 

 

7.4.2         A general notice given to the General Manager in writing by a Councillor or a member of a Council Community Committee to the effect that the Councillor or member, or the Councillor’s or member’s spouse, de facto partner or relative, is:

 

a)            member, or in the employment, of a specified company or other body.

b)           a partner, or in the employment, of a specified person.

 

unless and until the notice is withdrawn, sufficient disclosure of the Councillor’s or member’s interest in a matter relating to the specified company, body or person that may be the subject of consideration by the Council or Council Committee after the date of the notice. (Act – S 454)

 

             7.4.3         The Councillor or member must not be present at, or in sight of, the meeting of the Council or Community Committee:

 

a)            at any time during which the matter is being considered or discussed by Council or Community Committee.

b)           at any time during which Council or Committee is voting on any question in relation to the matter. (Act - S 451 (2))

 

7.4.4         Councillors or members banned from taking part in a discussion because of a Pecuniary Interest cannot escape this by addressing the meeting as a resident or ratepayer.

 

7.4.5         A Councillor or member of a Council Community Committee does not breach this Clause if the Councillor or member of a Council Community Committee did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest. (Act - S 457)

 

7.5       Non-Pecuniary Conflicts of Interest

7.5.1         A non-pecuniary conflict of interest is any private or personal interest, which does not amount to a pecuniary interest. Examples are friendship, membership of an association or involvement or interest in an activity.

 

7.5.2         Dealing with non-pecuniary interests.

 

                   If a Councillor has declared a non-pecuniary conflict of interests he/she has a broad range of options for managing the conflict. The option he/she chooses will depend on an assessment of the circumstances of the matter, the nature of his/her interest and the significance of the issue being dealt with. He/she must deal with a non-pecuniary conflict of interests in at least one of these ways:

 

                   a)            It may be appropriate that no action is taken where the potential for conflict is minimal. However, Councillors should consider providing an explanation of why they consider a conflict does not exist.

b)           Limit involvement if practical (for example, participate in discussion but not in decision making or vice versa). Care needs to be taken when exercising this option.

c)            Remove the source of the conflict (for example, relinquishing or divesting the personal interest that creates the conflict).

d)           Have no involvement by absenting himself/herself from and not taking part in any debate or voting on the issue as if the provisions in Section 451(2) of the Act apply (particularly is he/she has a significant non-pecuniary conflict of interest.)

e)           A Councillor who has a non-pecuniary interest in a matter before Council of the type that could reasonably be perceived to influence the Councillors actions shall disclose the interest and the nature of the interest to the meeting as soon as practicable.

 

7.5.3         If it is the intention of the Councillor to participate in the consideration of the matter and/or vote on the matter, that intention is to be made known at the time the declaration is made.

 

7.5.4         If the relationship is sufficiently strong, the Councillor may consider vacating the Chamber whilst the matter is under consideration.

 

7.6       Disclosures by Advisors

             7.6.1         A person giving advice to Council at a Council or Committee meeting must disclose the nature of any pecuniary interest the person has in the matter to the meeting at the time the advice is given.

 

7.7       Disclosures to be recorded

             7.7.1         A disclosure made at a meeting of the Council or Policy or Community Committee must be recorded in the minutes of the meeting. (Act - S 453)

PART 8 - MISCELLANEOUS

 

8.1       Office of Councillor and Mayor

8.1.1         All Councillors start holding office on the day the person is declared to be elected (Act S 233(2)). All Councillors, other than the Mayor, stop holding office of the day of the Ordinary election (S 233(2)).

 

8.1.2         The Mayor holds office until his or her successor is declared elected (S 230(3)).

 

8.2       Information relating to Proceedings at Closed Meetings not to be Disclosed

8.2.1         If a meeting or part of a meeting of the Council is closed to the public in accordance with Part 5 a person must not, without the authority of Council disclose, otherwise than to Council or to a Councillor, information with respect to the discussion at, or the business of, the meeting. (Act - S 664 (1A))

 

8.2.2         Sub-clause 8.2.1 does not apply to the recommendation of a Policy Committee after it has been presented to the Council (Act - S 664 (1B)(a))

 

8.2.3         The requirements for use and security of confidential information (provided to Councillors and members of Council Community Committees) are, in accordance with the adopted Code of Conduct:

 

                   8.2.3a          Councillors and Committee members must maintain the integrity and security of confidential documents or information in their possession, or for which they are responsible

                   8.2.3b          In addition to Councillors and Committee members’ general obligations relating to the use of Council information, Councillors and Committee members must:

                                         a       protect confidential information

                                         b       only release confidential information if they have authority to do so

                                         c       only use confidential information for the purpose it is intended to be used

                                         d       not use confidential information gained through their official position for the purpose of securing a private benefit for themselves or any other person

                                         e       not use confidential information with the intention to cause harm or detriment to the Council or any other person or body

                                         f        not disclose any information discussed during a confidential session of a Council Meeting.

 

8.2.4         Where the conduct is also a breach of the Act, fines may apply (Act – S664)

 

8.2a   Misuse of confidential information and influence

8.2a.1       Councillors and Committee members must not disclose any information obtained from any Council or Policy Committee Meeting, Councillor briefing or information session marked as confidential, in connection with the administration or execution of the Act unless that disclosure is made:

(a)   with the consent of the person from whom the information was obtained, or

(b)   in connection with the administration or execution of the Act, or

(c)    for the purposes of any legal proceedings arising out of the Act or of any report of

         any such proceedings, or

(d)   in accordance with a requirement imposed under the Ombudsman Act 1974 or

         the Government Information (Public Access) Act 2009, or

(e)   with other lawful excuse (Act S664(1a)

 

8.2a.2       Councillors and Committee members must not use, either directly or indirectly, information acquired in that capacity, being information that is not generally known or is marked confidential, for the purpose of gaining either directly or indirectly a financial advantage for themselves, their spouse or de facto partner or a relative (Act S664(2))

 

8.2a.3       Councillors and Committee members where in a position to do so, must not, for the purpose of gaining either directly or indirectly an advantage for themselves, their spouse or de facto partner or a relative, influence:

a)  the determination of an application for an approval, or

b)  the giving of an order (Act S664(3))

 

             8.2a.4       Where the conduct is also a breach of the Act, fines may apply (Act S 664)

 

 

8.3       Inspection of the Minutes of Council

8.3.1         An inspection of the Minutes of Council or Policy or Community Committee is to be carried out under the supervision of the General Manager or an employee of Council designated by the General Manager to supervise inspections of those Minutes. (Reg - Cl 272 (1)). A copy of the Minutes of the Ordinary Meetings of Council shall be made available for display in the Orange City Library.

 

8.3.2         A copy of the Minutes of the Ordinary Meetings of Council shall be made available on Council’s website.

 

8.3.3         The General Manager must ensure that the minutes of Council and any minutes of a Committee are kept secure and in safe custody and that no unauthorised person is allowed to interfere with them. (Reg - Cl 272(2))

 

8.4       Recording and livestreaming of Council Committee Meetings

8.4.1         A Councillor or any other person may use a camera, tape-recorder, video camera or any electronic device capable of recording speech to record the proceedings of a meeting, with the permission of Council or the Committee except where:

·    part of the meeting has been closed to the public; or

·    the Council or Committee has passed a resolution prohibiting a particular meeting or part of a meeting from being photographed, filmed or tape-recorded.

 

8.4.2         If a person, other than a Councillor, uses a camera, tape recorder or video camera in contravention of this clause, the Chairperson of the meeting may expel that person. (Reg – Cl 273)

8.4.3         If a Councillor uses a camera, tape recorder or video camera in contravention of this clause, the meeting may by resolution expel that Councillor from the meeting. (Act S10(2))

 

8.4.4         Council provided recording equipment will be used to audio-record all Ordinary, Extraordinary and Policy Committee meetings held in the Council Chamber including those parts of meetings closed to the public.

 

8.4.5         Council produced recordings of meetings under this clause are to be kept for a minimum period of three months after the date of the last action arising from the recording (General Records Disposal Schedule).

 

8.4.6         Council will livestream via Council’s website all Ordinary and Extraordinary Council Meetings and Policy Committees held in the Council Chamber excluding those parts of the meeting closed to the public.                                                                               

 

8.5       Oath/Affirmation of Office

8.5.1                At the first meeting following a Local Government Election, elected Councillors will take the Oath or Affirmation of Office as worded by the Office of Local Government.

 

8.5.2         The Oath or Affirmation of each Councillor will be recorded in the Minutes.

 

8.6       Election of Deputy Mayor

             8.6.1         The election of Deputy Mayor will take place at the first meeting of Council in September each year. In Local Government election year, the election of the Deputy Mayor will take place at the first meeting of the new Council, or when a vacancy occurs.

 

8.7       Election of Policy Committee Chairpersons

             8.7.1         The election of Policy Committee Chairpersons will take place at the first meeting of Council in September each year, or at the meeting where any Policy Committee is established by Council, or when a vacancy occurs.

 

8.8       Council presentations

8.8.1         The General Manager may determine whether a presentation will be made to a Council or Policy or Community Committee meeting by a Council officer, a consultant commissioned by Council, or any other presenter so invited by Council to address the Policy or Community Committee.

 

8.9       Smoking on Council’s premises

8.9.1         Smoking will not be permitted at any Council Meeting or any Policy or Community Committee meeting held on Council premises or attended by Council staff. This is in accordance with Council’s Smoke Free Workplace policy, and will remain in force despite any change which may occur in that policy in the future.

 

 

8.10    Attendance of General Manager at Meetings

8.10.1       The General Manager is entitled to attend, but not to vote at, a meeting of Council or a meeting of a Policy Committee of which all the members are Councillors.

 

8.10.2       The General Manager is entitled to attend a meeting of any other Community Committee of Council and may, if a member of the Committee, exercise a vote.

 

8.10.3       The General Manager may be excluded from a meeting of Council while the Council deals with a matter relating to the standard performance of the General Manager or the terms of the employment of the General Manager (Act - S 376)

 

8.10.4       The General Manager (or nominee) will attend each Council and Policy and Community Committee meeting.

 

8.11    Common Seal

8.11.1       The Council Seal must be kept by the Mayor or the General Manager, as the Council determines (Reg – Cl 400(1)).

 

8.11.2       The Council Seal may be affixed to a document only in the presence of:

 

a)            the Mayor and General Manager, or

b)           at least one Councillor (other than the Mayor) and the General Manager, or

c)            the Mayor and at least one other Councillor, or

d)           At least two Councillors other than the Mayor. (Reg – Cl 400(2))

 

8.11.3       The affixing of the Council Seal to a document has no effect unless the persons who

                   were present when the Seal was affixed (being persons referred to in sub-clause 8.11.2)

                   attest by their signatures that the Seal was affixed in their presence. (Reg – Cl 400 (3))

 

8.11.4       The Seal of Council must not be affixed to a document unless the document relates to the business of Council, and Council has resolved (by resolution specifically referring to the document) that the Seal be so affixed. (Reg - Cl 400(4))

 

8.11.5       For the purposes of sub-clause 8.11.4, a document in the nature of a reference or certificate of services for an employee of Council does not relate to the business of Council. (Reg - Cl 400(5))

 

8.12    Mobile phones and digital audio players and portable multimedia players

8.12.1       Councillors, staff and members of the public are not permitted to use a digital audio player and portable multimedia players during the course of a Council meeting.

 

8.12.2       The use of mobile phones during meetings should be limited to urgent use only, and mobile phones should be turned to silent at the commencement of the meeting.

 

8.13    Amendment of Code

8.13.1       The Code may be amended only in accordance with the provisions of Division 1, Part 2, of the Act, which requires the preparation, public notice and public exhibition of the draft code prior to adoption by Council.

 

 

 

 

APPENDIX ONE

 

Orange City council

councillor leave of absence

 

 

cOUNCILLOR NAME__________________________________________________________

 

Wish to apply for leave of absence for the Council Meeting(s) scheduled for

 

__________________________________________     Date of Meeting

 

__________________________________________     Date of Meeting

 

__________________________________________     Date of Meeting

 

__________________________________________     Date of Meeting

 

As well as any committee meetings that may be held over the period of

 

__________________________________     to______________________________________

                                             DATE                                                                                           DATE

 

 

Signed Cr ____________________________________________________________________

 

Dated ______________________________________________________________________

 

SPEAKER REGISTRATION - ORANGE CITY COUNCIL

OPEN FORUM

 

As a member of the public, you are invited to address Council on a matter listed for consideration by Council in the meeting, as part of the Open Forum.

 

The maximum speaking time is five minutes per speaker. The Open Forum will run for 30 minutes.

 

Oral presentations can be made, however no electronic presentations are permitted.

 

Speakers should be aware that Orange City Council records and livestreams meetings via Council’s website. By agreeing to attend and speak at the Council Meeting, speakers are reminded of the need to ensure all comments are respectful to other people, Councillors and staff. Orange City Council accepts no liability for offensive or defamatory comments made by speakers.

 

Please complete the section below, and provide to a Council Staff Member, at least five minutes before the start of the Forum.

 

Please be advised that speakers need to be aware that they have no protection from action in response to any comments they may make.

Name ...........................................................................................................................................  

Address .......................................................................................................................................  

......................................................................................................................................................

Phone ..........................................................................................................................................

Organisation (if relevant)...........................................................................................................

......................................................................................................................................................

Date of Meeting ..........................................................................................................................

Topic for discussion.....................................................................................................................

......................................................................................................................................................

Relates to Item Number in Meeting Agenda............................................................................

......................................................................................................................................................

I HAVE READ AND UNDERSTAND THE CONDITIONS OF THE CONDUCT AND UNACCEPTABLE BEHAVIOUR AT THE OPEN FORUM AS SET OUT OVERLEAF.

 

Signature ..........................................................................   Date ...............................................

 

THE INFORMATION SUPPLIED BY YOU IS PRIVATE INFORMATION FOR THE PURPOSES OF THE PRIVACY AND PERSONAL INFORMATION PROTECTION ACT. YOUR INFORMATION IS BEING COLLECTED BY COUNCIL AND MAY BE USED IN THE FUTURE TO PROVIDE FEEDBACK ON ANY ISSUE RAISED. THE INFORMATION WILL NOT BE USED FOR ANY OTHER PURPOSE, AND YOU CAN ELECT NOT TO PROVIDE PARTICULAR DETAILS, HOWEVER YOUR NAME AND THE TOPIC FOR DISCUSSION MUST BE SUPPLIED.

2

 

SPEAKER REGISTRATION – ORANGE CITY COUNCIL – OPEN FORUM

 

Conduct

Essentially the principles of Council’s Code of Conduct should be expected of each speaker who addresses the Council, Committee or Forum.

 

Those principles incorporate integrity, objectivity, accountability, openness, honesty and respect.

 

The Open Forum does not provide private parliamentary privilege to either speakers, Councillors or staff and is recorded and livestreamed via Council’s website.

 

Speakers are expected

·        To behave in a manner that does not cause any reasonable person unwarranted offence or embarrassment.

·        To act lawfully, honestly and to exercise a degree of care and diligence in the comments made.

·        To observe the highest standards of honesty and integrity and to avoid conduct (verbal/actions) that might suggest any departure from the key principles of conduct.

·        To be frank, honest and open when presenting to Council.

·        To avoid any behaviour that could be deemed to be an act of disorder or misbehaviour such as insults or personal reflections on or imputes improper motives when discussing others.

·        To not behave in a manner that might be considered to be threatening to or harassment of Councillors or Council staff.

 

Unacceptable behaviour at the Open Forum

Persons who conduct themselves in a manner considered by any reasonable person, to be disorderly, will be expelled from the forum in a similar manner as that provided under the Meetings Regulations for Council and Committee meetings (Section 258) Local Government (General) Regulation 2005.

 

Should the behaviour of a speaker and/or audience be such that the Mayor/Chairperson of the forum deems if necessary to discontinue a particular section of the forum, then the following will apply:

 

·        the speaker and/or persons will be asked to discontinue the offensive behaviour;

·        the speaker and/or persons may be asked to leave the building where the meeting is being held;

·        a Police Officer or any person authorised for the purpose by Council, or the person presiding may, by using only such force as is necessary, remove the person/persons from the building and if necessary restrain that person from re-entering the building;

·        the person may be advised to correspond in future with Council via mail or email and/or Council’s appointed legal representative.

 

5.3                       Strategic Policy Review

Attachment 3      DRAFT - Strategic Policy - ST019 - Councillors Access to Information and their Interaction with Staff - (October 2017)

COUNCILLORS ACCESS TO INFORMATION AND THEIR INTERACTION WITH STAFF

ST019                                                                                                                                                                                      F22

ObjectiveS

·    To document communication channels to ensure the provision of accurate information from Council records systems to Councillors, within reasonable timeframes to assist Councillors in the performance of their civic duty

·    To define appropriate professional interactions between Councillors and Council staff

·    To outline Councillors’ rights of access to Council buildings

·    To identify inappropriate interactions between Councillors and Council staff

·    To outline a process for reporting breaches.

 

The spirit of this policy is to ensure compliance with the Local Government Act 1993 and the Government Information (Public Access) Act 2009, and that Councillors have the same information upon which to make decisions and to ensure that any interaction between Councillors and staff is consistent with Council’s Code of Conduct.

Applicability

To Councillors when requesting information and to staff when providing information.

 

The Code of Conduct overrides this policy to the extent of information provided to the Conduct Review Panel or Conduct Reviewer.

General

Schedule 1 of the Government Information (Public Access) Regulation 2009 provides that certain documents held by Council are to be made publicly available for inspection, free of charge. This policy supports that requirement and outlines the procedure for accessing such information.

 

Interactions between Councillors and staff at Council meetings are regulated by Council’s Code of Meeting Practice (Local Government (General) Regulation 2005 [Part 10 – Meetings] and Council’s Code of Conduct.

 

An associated procedure further outlines Councillor access to Council offices, inappropriate interactions, and the process for reporting breaches.

Related Policies/Documents

Local Government Act 1993

Local Government (General) Regulation 2005

Government Information (Public Access) Act 2009

Government Information (Public Access) Regulation 2009

Code of Conduct and Procedures for the Administration of the Code of Conduct

Privacy and Personal Information Protection Act 1998

Code of Meeting Practice

Public Interest Disclosures Act 2013

 

 

Responsible Area – Corporate and Commercial Services

 

SUMMARY OF AMENDMENTS

 

Amendment Date	Section/Reference and Amendment
November 2017	Update to reflect minor amendments to open access information provisions from the Government Information (Public Access) Regulation 2009. Access to information: 2 – Addition of timeframes for providing responses to requests for information from Councillors Interaction between Councillors and staff 2 – Addition of timeframes around responses to questions taken on notice. 3 – Addition of monthly reports to Council on questions taken on notice. Inappropriate interactions: Include reference to Council’s Code of Conduct Remove 11 – it is appropriate that staff and staff organisations have discussions with Councillors in relation to matters of broad industrial policy (as provided for in points 1 and 2 of this section) Access to Council Offices 2 – Addition – Councillors needing access to facilities at other times (outside normal business hours and for scheduled Council Meetings, Councillor Briefings and Community Committee meetings) must obtain authority from the General Manager (provision from the Code of Conduct). 3 – Addition – Councillors must ensure that when they are within a staff area they avoid giving rise to the appearance that they may be improperly influence Council staff decisions (provision from the Code of Conduct).
September 2015	Minor update to reflect changes in Government Information (Public Access) Act 2009 in relation to “open access” records. Minor formatting changes.
August 2014	·    Updated to highlight the requirement for Councillors to request information from the General Manager, or other Council Officer as nominated by the General Manager ·    Provision that Councillors should contact the Customer Service Team to report any standard works requests or requests for basic service information ·    Various minor amendments throughout to replicate wording in Council’s Code of Conduct.
August 2013	Updated to include reference to Government Information (Public Access) Regulation 2009
May 2012	Updated to include reference to Government Information (Public Access) Act and the Public Interest Disclosures Act

 

5.3                       Strategic Policy Review

Attachment 4      DRAFT - Strategic Policy - ST019 - Councillors Access to Information and their Interaction with Staff - Procedure (October 2017)

 

 

 

 

 

 

 

 

 

COUNCILLORS ACCESS TO INFORMATION AND THEIR INTERACTION WITH STAFF

 

 

 

Procedure

 

 

The Government Information (Public Access) Regulation 2009 requires that certain documents held by Council are to be made publicly available for inspection, free of charge.  The public is entitled to inspect these documents either on Council's website or at the offices of the Council during ordinary office hours. Records may be inspected by the public free of charge. Copies can be supplied for reasonable copying charges as set in Council’s Delivery/Operational Plan.

1          Information about Council

(1)       Information contained in the current version and the most recent previous version of the following records is prescribed as open access information:

             (a)       the model code of conduct prescribed under section 440 (1) of the Local Government Act 1993 and the code of conduct adopted under section 440 (3) of the Local Government Act 1993

             (b)       code of meeting practice

             (c)       annual report

             (d)       annual financial reports

             (e)       auditor’s report

             (f)        management plan

             (g)       EEO management plan

             (h)       policy concerning the payment of expenses incurred by, and the provision of facilities to, councillors

             (i)        annual reports of bodies exercising functions delegated by Council

 (2)      Information contained in the following records (whenever created) is prescribed as open access information:

             (a)       returns of the interests of Councillors, designated persons and delegates

             (b)       agendas and business papers for any meeting of the local authority or any committee of the local authority (but not including business papers for matters considered when part of a meeting is closed to the public)

             (c)       minutes of any meeting of Council or any committee of Council, but restricted (in the case of any part of a meeting that is closed to the public) to the resolutions and recommendations of the meeting

             (d)       Departmental representative reports presented at a meeting of the local authority in accordance with section 433 of the Local Government Act 1993

(3)       Information contained in the current version of the following records is prescribed as open access information:

             (a)       land register

             (b)       register of investments

             (c)       register of delegations

             (d)       register of graffiti removal work kept in accordance with section 13 of the Graffiti Control Act 2008

             (e)       register of current declarations of disclosures of political donations kept in accordance with section 328A of the Local Government Act 1993

             (f)        the register of voting on planning matters kept in accordance with section 375A of the Local Government Act 1993.

2          Plans and policies

             Information contained in the current version and the most recent previous version of the following records is prescribed as open access information:

             (a)       local policies adopted by Council concerning approvals and orders

             (b)       plans of management for community land

             (c)       environmental planning instruments, development control plans and contributions plans made under the Environmental Planning and Assessment Act 1979 applying to land within the Council’s area.

3          Information about development applications

(1)       Information contained in the following records (whenever created) is prescribed as open access information:

             (a)       development applications (within the meaning of the Environmental Planning and Assessment Act 1979) and any associated documents received in relation to a proposed development including the following:

                         (i)        home warranty insurance documents

                         (ii)       construction certificates

                         (iii)      occupation certificates

                         (iv)      structural certification documents

                         (v)       town planner reports

                         (vi)      submissions received on development applications

                         (vii)     heritage consultant reports

                         (viii)    tree inspection consultant reports

                         (ix)      acoustics consultant reports

                         (x)       land contamination consultant reports

             (b)       records of decisions on development applications (including decisions made on appeal)

             (c)       a record that describes the general nature of the documents that Council decides are excluded from the operation of this clause by subclause (2).

(2)       This clause does not apply to so much of the information referred to in subclause (1) (a) as consists of:

             (a)       the plans and specifications for any residential parts of a proposed building, other than plans that merely show its height and its external configuration in relation to the site on which it is proposed to be erected

             (b)       commercial information, if the information would be likely to prejudice the commercial position of the person who supplied it or to reveal a trade secret.

(3)       Council must keep the record referred to in subclause (1) (c).

4          Approvals, orders and other documents

             Information contained in the following records (whenever created) is prescribed as open access information:

(a)       applications for approvals under Part 1 of Chapter 7 of the Local Government Act 1993 and any associated documents received in relation to such an application

(b)       applications for approvals under any other Act and any associated documents received in relation to such an application

(c)       records of approvals granted or refused, any variation from local policies with reasons for the variation, and decisions made on appeals concerning approvals

(d)       orders given under Part 2 of Chapter 7 of the Local Government Act 1993, and any reasons given under section 136 of the Local Government Act 1993

(e)       orders given under the authority of any other Act

(f)        records of building certificates under the Environmental Planning and Assessment Act 1979

(g)       plans of land proposed to be compulsorily acquired by Council

(h)       compulsory acquisition notices

(i)        leases and licences for use of public land classified as community land.

             (j)        performance improvement orders issued to Council under Part 6 of Chapter 13 of the Local Government Act 1993

Procedure

Access to Information

1        Access to a Council file, record or other document will only be provided in accordance with this policy.  This policy does not restrict statutory or common law rights of access.

2        Councillors should request information from the General Manager or from nominated Council Officers as advised by the General Manager. A response will be provided for general enquiries within five business days, however requests for information that require research, investigation or development will be provided within ten working days. If additional time is required, advice will be provided to the Councillor on the reason for this additional time.

3        Councillors who have a personal interest in a document of Council have access as provided under Privacy and Personal Information Protection Act 1998.

4        Councillors, acting in their civic capacity, have access to documents relating to any item currently before Council (with the exception of information the subject of which the Councillor has declared an interest). The General Manager may provide other such information as relevant to assist Councillors in their consideration of the item.

5        Any correspondence received after the business paper is prepared, will be tabled if the General Manager determines the information to be relevant, otherwise Council will be advised at the meeting. The information is to be available to Councillors during business hours.

6        Any information that is given to a particular Councillor in the pursuit of their civic duties must also be given to all other Councillors, with exception to information as part of any public interest disclosure or Conduct Review Panel or Conduct Reviewer process.

7        Councillors have an obligation to properly examine all the information provided to them relating to matters they are dealing with sufficient to make a decision on the matter.

8        The General Manager or the General Manager’s nominee shall keep a record of all requests by Councillors for access to information (other than that listed in the GIPA Act or by notice of motion).

9        Councillors are encouraged to contact the Customer Service Team to lodge basic requests for works, or to seek basic information about Council services.

 

Interaction between Councillors and Council Staff During Meetings

1        The interaction between Councillors and staff at Council meetings is regulated by the Council’s Code of Meeting Practice (Local Government (General) Regulation 2005 [Part 10-Meetings]) and Council’s Code of Conduct.

2        Clause 249 of the Local Government (General) Regulation 2005 provides that Councillors may, through the Chairperson, ask questions of other Councillors and through the Chairperson and the General Manager, ask questions of Council staff. Such questions may be “taken on notice” by staff with a response to be provided. The response time will depend on the nature of the question. For routine enquiries, a response will be circulated as part of the weekly email to Councillors. For responses to more complex queries, the General Manager will determine if a report or memo will be provided to Councillors within a reasonable timeframe.

3        A report will be provided to Council on a monthly basis outlining the questions taken on notice during Council meetings and providing a status report.

4          The Local Government Act provides that the General Manager is responsible to the Council for the performance and direction of all staff and day to day management of Council.

5          Councillors may seek information from the General Manager and Directors (and other staff as advised by the General Manager) by telephone, email, fax, or by appointment or in writing if seeking a response to a complex matter.

6          Directors are to advise the General Manager of information requested by Councillors.

7          If the matter is contentious Directors should converse with the General Manager before providing information to Councillors. In relation to particular matters the General Manager may require all Councillors to be provided with the information at the same time that the Councillor who requested it, is being notified.

8          In particular circumstances, the General Manager may refuse the request, but in doing so, must indicate in writing the reasons for the refusal.

9          If the Councillor is concerned about the refusal for requested information, the matter should be raised with the General Manager, then the Mayor and/or place a Notice of Motion in the Business paper within the timeframes established by the Code of Meeting Practice.

10        Councillors must not attempt to direct staff in the performance of their work. Staff should report any such incidents to the General Manager.

11        Councillors must not request staff to undertake work for the Councillor or any other person.

 

Inappropriate Interactions

In accordance with Council’s Code of Conduct, you must not engage in any of the following inappropriate interactions:

1          Councillors and administrators approaching staff and staff organisations to discuss individual or operational staff matters other than broader industrial policy issues.

2          Council staff approaching Councillors and administrators to discuss individual or operational staff matters other than workforce industrial policy issues.

3          Council staff refusing to give information that is available to other Councillors to a particular Councillor.

4          Councillors and administrators who have lodged a development application with Council, discussing the matter with Council staff in staff-only areas of the Council.

5          Councillors and administrators being overbearing or threatening to Council staff.

6          Councillors and administrators making personal attacks on Council staff in a public forum.

7          Councillors and administrators directing or pressuring Council staff in the performance of their work, or recommendations they should make.

8          Council staff providing ad hoc advice to Councillors and administrators without recording or documenting the interaction as they would if the advice was provided to a member of the community.

9          Council staff meeting with applicants or objectors alone AND outside office hours to discuss applications or proposals.

10       Councillors attending on-site inspection meetings with lawyers and/or consultants engaged by Council associated with current or proposed legal proceedings unless permitted to do so by Council’s General Manager or, in the case of the Mayor or administrator, exercising their power under section 226 of the Local Government Act.

 

Access to Council Offices

1        Elected members are entitled to access the Council Chamber, Councillors Workroom, Mayoral Office and public areas of Council’s Civic Centre during normal business hours and for adopted Council Meetings, Councillor Briefings and Community Committee meetings.

2        Councillors needing access to these facilities at other times must obtain authority from the General Manager.

3        Councillors must ensure that when they are within a staff area they avoid giving rise to the appearance that they may improperly influence Council staff decisions.

4        Councillors are provided with security fobs that allow access to the Civic Centre and areas indicated above.

Reporting Breaches

1        In the case of a complaint against a Councillor, this is to be reported to the Mayor and/or Council, in the case of a staff member to the General Manager, in accordance with Council’s Code of Conduct.

2        Where a Councillor believes that the General Manager has failed to comply with the policy, the Councillor shall immediately report to the Mayor who will engage with the General Manager and/or report to Council.  Before reports are provided to Council all aspects of the allegations must be investigated.

3        The Council must decide whether a matter reported to it under the policy, reveals a breach. The procedures set out in Council’s Code of Conduct apply.

 

5.3                       Strategic Policy Review

Attachment 5      DRAFT - Strategic Policy - ST020 - Councillors Payment of Expenses and Provision of Facilities (October 2017)

 

COUNCILLORS - PAYMENT OF EXPENSES AND PROVISION OF FACILITIES

ST020                                                                                                                                                                                      F22

Objective

 

To provide a policy for the reasonable and appropriate reimbursement of expenses and provision of facilities to Councillors to help them undertake their civic duties.

Applicability

 

This policy applies to all Councillors.

General

 

The Policy is based on the Better Practice Template issued by the Office of Local Government in 2017, Guidelines issued by the Office of Local Government in relation to the payment of expenses and provision of facilities to Councillors, as well as the relevant provisions of the Local Government Act 1993.

Procedure

 

The Policy document provides the procedure for the payment of expenses incurred by Councillors, or for the reimbursement of expenditure. Payment of expenses or provision of facilities can only be provided in accordance with the policy, and claims for expenses must be made in accordance with the Policy.

 

Any Councillor expenditure is to be approved by the Mayor and General Manager in accordance with this Policy.

 

Council will reject any claim for payment of expenses or reimbursement of expenses that is made outside the requirements set by the Policy.

 

This Policy ensures accountability and transparency, and seeks to align Councillor expenses and facilities with community expectations. Councillors must not obtain private or political benefit from any expense or facility provided under this Policy.

 

The Policy sets out the maximum amounts Council will pay for specific expenses and facilities. Expenses not explicitly addressed in this policy will not be paid or reimbursed.

 

 

The main expenses and facilities are summarised in the table below. All monetary amounts are exclusive of GST.

Expense or facility	Maximum amount	Frequency
General travel expenses (refer section 6.2)	$100 per Councillor $500 for the Mayor	Per year
Interstate, overseas and long distance intrastate travel expenses (refer section 6.6)	$4000 total for all Councillors	Per year
Accommodation and meals (refer section 6.18)	As per the NSW Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009, adjusted annually	Per meal/night
Professional development (refer section 6.23)	$1000 per Councillor	Per year
Conferences and seminars (registration) (refer section 6.29)	$10000 total for all Councillors	Per year
Information and communication technology expenses (refer section 6.33-6.37)	$1680 per Councillor	Per year
Carer expenses (refer section 6.46)	$500 per Councillor	Per year
Home office expenses (refer section 6.49)	$100 per Councillor	Per year
Corporate uniform (refer section 9.1)	$415 per Councillor (on a dollar for dollar basis)	Per year
Personal protective equipment (refer section 9.1)	$120 per Councillor	Per year
Access to facilities in Councillors Workroom (refer section 9.1)	Provided to all Councillors	Not relevant
Business cards (refer section 9.4)	500 per Councillor	Per year
Council vehicle and fuel card (refer section 10.1)	Provided to the Mayor (Councillors may use Council pool vehicles for travel on Council business)	Not relevant
Furnished office (refer section 10.4)	Provided to the Mayor	Not relevant
One staff member supporting Mayor and Councillors (Executive Support Manager) (refer section 10.6)	Provided to the Mayor and Councillors	Not relevant

 

Additional costs incurred by a Councillor in excess of these limits are considered a personal expense that is the responsibility of the Councillor.

 

Councillors must provide claims for reimbursement within three months of an expense being incurred. Claims made after this time cannot be approved.

 

Detailed reports on the provision of expenses and facilities to Councillors will be publicly tabled at a Council Meeting every six months and published in full on Council’s website. These reports will include expenditure summarised by individual Councillor and as a total for all Councillors.

Related Policies/Documents

Local Government Act 1993 and Local Government (General) Regulation 2005

Councillor Expenses and Facilities Policy – Better Practice Template issued by the Office of Local Government

Guidelines and circulars issued by the Office of Local Government

Orange City Council Code of Conduct

 

 

Responsible Area – Corporate and Commercial Services

SUMMARY OF AMENDMENTS

Date	Amendment
November 2017	Replacement of Policy with the Councillor Expenses and Facilities Policy – Better Practice Template issued by the Office of Local Government. Significant changes include: ·      Introduction of specific categories and dollar limits in relation to all expenses and facilities ·      Removal of previous dollar limit for payment of approved legal expenses, replaced with conditions under which legal expenses will be reimbursed. ·      Removal of payment of any expense for spouses attending conferences/events ·      Inclusion of requests for administrative support to be directed to the Executive Support Manager ·      Consolidation of forms for Councillors travelling on Council business/attending training/conferences
Sept 2016	Notation in the Policy that any Councillor expenditure is to be approved by the Mayor and General Manager. Section 3.3 – What Conferences may be attended – Inclusion of Tidy Towns (Blue Star) Conferences Section 7.1.2 – Addition of provision allowing for return of equipment in the event of an amalgamation Section 7.1.3 – Provision allowing Councillors to acquire equipment in the event of an amalgamation Minor amendments to attachments and approval forms.
Sept 2015	Section 2.2.4 – Mobile phones and internet usage. New clause advising that Council will meet monthly expenses for mobile phone use of up to $40 per month and internet usage of up to $40 per month. Any amount above that, to a limit of $100 per month, requires documentary evidence of Council-related use prior to reimbursement. Section 2.2.7 – Inclusion of requirement for all maintenance or repairs of iPads or laptops to be undertaken by Council staff. Requirement for Councillors to return iPads/laptops on request for maintenance. Section 3.3 – Include National General Assembly and National Roads Congress in list of appropriate conferences for Councillors to attend. Section 3.6.4 (iii) – Provision that Council will not pay for or reimburse in-house movies or other in-house services while a Councillor is at a conference.

 

SUMMARY OF AMENDMENTS

 

Date	Amendment
Sept 2014	Formatting updates. Reference to Office of Local Government updated. Section 1.1.2 - Any purchasing should be undertaken by Council staff. In the event a Councillor is required to make a purchase, the proposed expenditure should be validated by the General Manager (or Director Corporate and Commercial Services) prior to the expenditure being made. Section 5.1 – Insurance – Include of “This includes payment of the relevant excess in the event of a claim.”
Sept 2013	Minor formatting updates. Change to reflect Local Government NSW. Section 2.2.7 – Inclusion of provision of ipads Section 2.2.9 – Clarification of uniform allowance
Sept 2012	1.4.2 – Approval -  New clause confirming that any claim for expenditure must be made within 28 days
	2.2.4 – Mobile phones and internet usage - New clause advising that Council will meet monthly expenses for mobile phone use of up to $30 per month and internet usage of up to $30 per month. Any amount above that, to a limit of $100 per month, requires documentary evidence of Council-related use prior to reimbursement.
	2.2.5 – Council-related technology - New clause prohibiting the use of any Council-related technology for the viewing, downloading or transmission of any material of a pornographic or offensive nature
	Removal of previous clause 3.4 - This clause required a report by any Councillor attending a conference
	Removal of references to staff as handled separately in an Operational Policy