Ordinary Council Meeting
Agenda
1 June 2021
Notice is hereby given, in
accordance with the provisions of the Local Government Act 1993 that an Ordinary meeting of ORANGE CITY COUNCIL will be held in the
Council Chamber, Civic Centre, Byng
Street, Orange on Tuesday, 1 June 2021
commencing at 7.00pm.
David Waddell
Chief Executive Officer
For apologies please contact Administration on 6393 8218.
Council Meeting 1 June 2021
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.
1.1 Apologies and Leave of Absence
1.2 Livestreaming and Recording
1.3 Acknowledgement of Country
COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE OPEN FORUM
COUNCIL MEETING RESUMES
3 Confirmation of Minutes of Previous Meeting
3.1 Minutes of the Ordinary Meeting of Orange City Council held on 18 May 2021
COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE POLICY COMMITTEES
Planning and Development - Chaired by Cr Russell Turner
Employment and Economic Development – Chaired by Cr Tony Mileto
Infrastructure - Chaired by Cr Jeff Whitton
Sport and Recreation - Chaired by Cr Jason Hamling – NO ITEMS
Environmental Sustainability - Chaired by Cr Stephen Nugent
Finance - Chaired by Cr Kevin Duffy
Services - Chaired by Cr Scott Munro
4 Notices of Motion/Notices of Rescission
5.1 Code of Conduct Complaint Reporting
6 Closed Meeting - See Closed Agenda
6.2 2020/2021 Second and Third Quarter Water/Sewerage Charges - 212 Anson Street, Orange.
6.3 2020/2021 Second and Third Quarter Water/Sewerage Charges - 36-40 Lords Place, Orange.
6.4 EOI - Loan Borrowings Confidential
6.5 Crown Land Negotiation Update
6.6 Entering into Contracts for the Supply and Delivery of Bitumen Emulsion
6.7 Tenders for Provision of Traffic Management Services
6.8 Tender F3590-4 Gosling Creek Dam – Geotechnical Investigation
7 Resolutions from closed meeting
1 Introduction
1.1 Apologies and Leave of Absence
1.2 Livestreaming and Recording
This Council Meeting is being livestreamed and recorded. By speaking at the Council Meeting you agree to being livestreamed and recorded. Please ensure that if and when you speak at this Council Meeting that you ensure you are respectful to others and use appropriate language at all times. Orange City Council accepts no liability for any defamatory or offensive remarks or gestures made during the course of this Council Meeting. A recording will be made for administrative purposes and will be available to Councillors.
1.3 Acknowledgement of Country
1.4 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.
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Recommendation It is recommended that Councillors now disclose any conflicts of interest in matters under consideration by the Council at this meeting. |
3 Confirmation of Minutes of Previous Meeting
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RECOMMENDATION That the Minutes of the Ordinary Meeting of Orange City Council held on 18 May 2021 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate records of the proceedings of the Council meeting held on 18 May 2021. |
Attachments
1 Minutes of the Ordinary Meeting of Orange City Council held on 18 May 2021
ORANGE CITY COUNCIL
MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 18 May 2021
COMMENCING AT 7.00pm
Attendance
Cr R Kidd (Mayor), Cr G Taylor (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Nugent, Cr S Romano, Cr J Whitton (7.45pm)
Chief Executive Officer, Acting Director Corporate and Commercial Services (Redmond), Acting Director Technical Services (Theakstone), Acting Manager Corporate Governance (Constantine), Chief Financial Officer (Zoom), Executive Support Officer.
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RESOLVED - 21/128 Cr J Hamling/Cr S Romano That the apologies be accepted from Cr S Munro and Cr R Turner for the Council Meeting of Orange City Council on 18 May 2021. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Nugent, Cr Romano, Cr Taylor.
Against: Nil
Absent: Cr Turner, Cr Munro, Cr Whitton.
1.2 LIVESTREAMING AND RECORDING
The Mayor advised that the meeting was being livestreamed and recorded.
Mat Ramirez and Soheila Fadaee of the Spiritual Assembly of the Bahais led the Council in prayer.
The Mayor conducted an Acknowledgment of Country.
The Mayor acknowledged the handover of the Old Orange Police Station to the Orange Local Aboriginal Lands Council this week.
1.5 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Cr Kidd declared a Significant Non-Pecuniary interest in item 5.1 part 1 (Minutes of the Planning and Development Committee of 4 May 2021) as his son was an applicant in an item of these minutes.
Cr Hamling declared Significant Pecuniary interest in item 5.9 (Future City Events – Future Tunes and Future Flix) as his wife sells products at Future Tunes.
2 Mayoral Minutes
Nil
3 Confirmation of Minutes of Previous Meeting
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Nugent, Cr Romano, Cr Taylor.
Against: Nil
Absent: Cr Turner, Cr Munro, Cr Whitton.
4 Notices of Motion/Notices of Rescission
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Nugent, Cr Romano, Cr Taylor.
Against: Nil
Absent: Cr Turner, Cr Munro, Cr Whitton.
5 General Reports
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QUESTIONS TAKEN ON NOTICE Cr K Duffy Cr Duffy asked that the number of ticket sales for Anzac Day be provided. |
Cr Duffy asked about the current works on Ophir Road and if there was reason the guard rails were so close to the road.
The Acting Director of Technical Services stated that guard rails were placed close to the road as there is a water main on the western side of Ophir Road which was not able to be immediately relocated and holes for poles were not able to be dug in this section.
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Nugent, Cr Romano, Cr Taylor
Against: Nil
Absent: Cr Turner, Cr Munro, Cr Whitton
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QUESTION TAKEN ON NOTICE Cr T Mileto Cr Mileto asked how many parks and reserves are in the Orange Local Government area and the total sizes of each. |
Cr Nugent asked what happens to outstanding resolutions that are not finalised by the conclusion of this term of Council and whether they carry over to the new Council.
The Chief Executive Officer advised that outstanding resolutions will carry over to the next Council.
Cr Taylor asked if Council will be returning the seat outside of Dudley Hospital.
Acting Director Technical Services stated Council had not planned to replace the seating however, there is a spare seat available and noted that outside Dudley Hospital would be an appropriate place to put it.
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Cr Kidd asked if any progress had been made on Council providing insurance for volunteer groups. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Nugent, Cr Romano, Cr Taylor
Against: Nil
Absent: Cr Turner, Cr Munro, Cr Whitton
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TRIM Reference: 2021/336 |
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RESOLVED - 21/137 Cr G Taylor/Cr K Duffy That the information in the report on Projects be acknowledged. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Nugent, Cr Romano, Cr Taylor
Against: Nil
Absent: Cr Turner, Cr Munro, Cr Whitton
Cr Kidd asked if Council could establish a time frame for completion of the work being done on Southern Distributor Road and the Mitchell Highway to Leewood Drive and if Council could get funding for the gap between Anson Street and Pinnacle Road.
The Acting Director Technical Services stated Council is ahead of schedule and is currently in stage 3 of the project with an expected completion anticipated at end of July or August. Grant funding may be available in the building Better Regions Funding for approx. $1.6Million, which would be the residual funding required for the project. Key elements of the project have already been planned, pending funding.
Cr Kidd asked if the entrance of Mitchel Highway will be made into a roundabout or Seagull Intersection.
The Acting Director Technical Services stated it will be a Seagull Intersection.
Cr Mileto noted on page 49 that 9 items have been withdrawn and asked why.
The Chief Executive Officer stated it only included adopted items which could be completed in the current year.
Cr Romano asked why the Stop and Rest on Bathurst Road was still not on the list.
The Acting Director Technical Services stated there is funding of $250,000 from the State Government and budget bids included in the next budget. It is currently being designed.
The Chief Executive Officer stated the item will added to the list.
Cr Kidd asked if the Gateway Project stop shelter will be added to the list.
The Acting Director Technical Services stated that this ties into the Stop and Go and Council is currently developing a tender for demolition of the shelter at the Old Sale Yards.
Cr Kidd asked why Council needed a Development Application for the Old Stock Shelter.
The Acting Director Technical Services stated a DA is required as it is the demolition of a heritage item.
Cr Duffy asked if there was $600 Million for regional infrastructure State Government funding still available and if Council was one of the 17 Councils that could apply to increase rates for special projects.
The Chief Executive Officer stated nothing yet applies to Orange City Council.
**Cr Whitton arrived at the meeting with the time being 7.45pm**
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Nugent, Cr Romano, Cr Taylor
Against: Nil
Absent: Cr Turner, Cr Munro
Cr Mileto asked is applicant of Orange Gets Its Glow on was from NSW or a hotspot.
The Acting Director Corporate and Commercial Services stated they are from NSW.
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Nugent, Cr Romano, Cr Taylor
Against: Nil
Absent: Cr Turner, Cr Munro
Cr Nugent noted that on page 68 the graphs portfolio performance was trending down since 2020 and asked if this would change.
The Chief Financial Officer stated that while Council investment is limited to term deposits, the trend will continue down, especially in the next two years as older term deposits roll off. Council is also limited by conditions surrounding TCorp loans.
Cr Duffy asked if the figures will change in the upcoming budget meeting because of unrestricted funds for projects.
The Chief Financial Officer stated yes there will be some differences in the level of returns.
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Nugent, Cr Romano, Cr Taylor
Against: Nil
Absent: Cr Turner, Cr Munro
Cr Nugent noted on page 76 mentioned museum donations for a major film archive and asked how the footage is being managed and what is involved.
The Chief Executive Officer stated they are film news reals stored in the museum and will be digitised as funds permit
Cr Nugent noted on page 79, figure 3 featuring capital expenditure, the actual amount listed was below the budget amount and asked if this was because of the savings on energy consumption or because of other reasons.
The Chief Financial Officer stated other contributions to the $400,000 include the cost for materials and staff, which equates to the biggest cost outside depreciation as well as an increase in invoices at this time of year.
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QUESTION TAKEN ON NOTICE Cr R Kidd Cr Kidd asked for further clarification on internal garbage charges and would like to confirm the actual amount below budget. |
Cr Nugent asked why on page 80-81 the water/sewer fund states that 54% of water projects are behind schedule and 75% of sewer projects are behind schedule.
The Chief Financial Officer stated those figures are purely based on monetary amounts and that there are not a lot of water and sewer projects. In addition, most of these projects are likely to carry over to next year.
The Chief Executive Officer noted that the Blackmans project is held up and worth about $5 Million, as a result it is skewing the figures.
Cr Nugent asked the if the downward trend in the operating performance ratios on pages 81, 82 & 83 would continue a downward trend.
The Chief Financial Officer stated that the operating results is in deficit and will be again next year, however in year 2 it will return to a positive ratio. He also noted that Figure 10 was a new addition to the report as requested by Council.
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TRIM Reference: 2021/1003 |
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RESOLVED - 21/141 Cr S Nugent/Cr J Whitton That Council resolves: 1 That Council adopt Strategic Policy – ST059 – Public Interest Disclosures & Internal Reporting. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Nugent, Cr Romano, Cr Taylor
Against: Nil
Absent: Cr Turner, Cr Munro
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Nugent, Cr Romano, Cr Taylor
Against: Nil
Absent: Cr Turner, Cr Munro
Cr Nugent asked if Council will only be looking at 2 events or will businesses be co-funding or will there be less expense for these future tunes events?
The Acting Director Corporate & Commercial Services stated that this time the costs will be passed onto the venues for lighting, sound etc. Artist costs between $300-$1,500 allowing for around 20 events if we average around $1,000 per artist.
*Cr Hamling returned with the time being 8.14pm*
Cr Duffy asked for an update on sports precinct.
The Chief Executive Officer stated the Heritage Council will meet on 1 June and Council will get the DA soon after this. A second DA for civil works has also then been finalised.
The Chief Executive Officer stated that there is a standing resolution for an Extraordinary Meeting and Council will notify the public as soon as the information is available.
Cr Kidd asked if a draft proposal for native arboretum can be tabled to the next meeting.
Nil
The Meeting Closed at 8.21pm
This is Page Number 13 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 18 May 2021.
COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE POLICY COMMITTEES
Planning and Development - Chaired by Cr Russell Turner
Employment and Economic Development – Chaired By Cr Tony Mileto
Infrastructure - Chaired by Cr Jeff Whitton
Sport and Recreation - Chaired by Cr Jason Hamling – NO ITEMS
Environmental Sustainability - Chaired by Cr Stephen Nugent
Finance - Chaired by Cr Kevin Duffy
Services - Chaired by Cr Scott Munro
RECORD NUMBER: 2021/1096
AUTHOR: Janessa Constantine, Acting Manager Corporate Governance
EXECUTIVE Summary
This report provides an update on the current status of complaints from 1 July 2020 to 30 April 2021.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “1.1 Live - Engage with the community to ensure recreation opportunities and facilities meet changing needs”.
Financial Implications
Nil
Policy and Governance Implications
Part 11 of the Procedures for the Code of Conduct set out the information that is to be reported to Council and the Office of Local Government within 3 months of 30 September each year. Council reported to the Office on 1 December 2020 for the period 1 September 2019 - 31 August 2020.
Other information is not included given the requirements of Part 12 of the Procedures, which require information about complaints and the management and investigation of complaints is to be treated as confidential and not disclosed publicly.
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That the report on Code of Conduct Complaint Reporting be acknowledged. |
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
This report provides statistics on Code of Conduct complaints against Councillors and the Chief Executive Officer, from 1 July 2020 to 30 April 2021.
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Required information |
Current period |
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Total number of Code of Conduct complaints made about Councillors and the Chief Executive Officer under the Code of Conduct since 1 July 2020 |
2
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Number of Code of Conduct complaints referred to a Conduct Reviewer |
2 |
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Number of Code of Conduct complaints finalised by a Conduct Reviewer at the Preliminary Assessment stage and the outcome of those complaints |
2 No breaches found. |
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Number of Code of Conduct complaints investigated by a Conduct Reviewer |
Nil |
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Number of Code of Conduct complaints investigated by a Conduct Review Committee |
Nil |
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Without identifying particular matters, the outcome of Code of Conduct complaints investigated by a Conduct Reviewer or Conduct Review Committee under the Procedures |
Nil |
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Number of matters reviewed by the Office of Local Government, and without identifying particular matters, the outcome of the reviews |
1 Yet to be finalised. |
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The total cost of dealing with Code of Conduct complaints made about Councillors and the Chief Executive Officer in the year from 1 July 2020 to 30 April 2021, including staff costs. |
$2,500 in Conduct Reviewer Fees plus approximately $2,000 in staff costs. |
6 Closed Meeting - See Closed Agenda
The Chief Executive Officer will advise the Council if any written submissions have been received relating to any item advertised for consideration by a closed meeting of Orange City Council.
The Mayor will extend an invitation to any member of the public present at the meeting to make a representation to Council as to whether the meeting should be closed for a particular item. In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.
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Recommendation That Council adjourn into a Closed Meeting and members of the press and public be excluded from the Closed Meeting, and access to the correspondence and reports relating to the items considered during the course of the Closed Meeting be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions: 6.1 2020/2021 Third Quarter Water/Sewerage Charges - 1-7 Torpy Street, Orange - Orange Public Infants School This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (b) the personal hardship of any resident or ratepayer. 6.2 2020/2021 Second and Third Quarter Water/Sewerage Charges - 212 Anson Street, Orange This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (b) the personal hardship of any resident or ratepayer. 6.3 2020/2021 Second and Third Quarter Water/Sewerage Charges - 36-40 Lords Place, Orange This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (b) the personal hardship of any resident or ratepayer. 6.4 EOI - Loan Borrowings Confidential This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 6.5 Crown Land Negotiation Update This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 6.6 Entering into Contracts for the Supply and Delivery of Bitumen Emulsion This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
6.7 Tenders for Provision of Traffic Management Services This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 6.8 Tender F3590-4 Gosling Creek Dam – Geotechnical Investigation This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 6.9 Submission Redactions This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (e) information that would, if disclosed, prejudice the maintenance of law. |
6.1 2020/2021 Third Quarter Water/Sewerage Charges - 1-7 Torpy Street, Orange - Orange Public Infants School
RECORD NUMBER: 2021/944
AUTHOR: Matt Dean, Clerical Assistant - Water Billing
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (b) the personal hardship of any resident or ratepayer.
RECORD NUMBER: 2021/971
AUTHOR: Matt Dean, Clerical Assistant - Water Billing
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (b) the personal hardship of any resident or ratepayer.
RECORD NUMBER: 2021/1007
AUTHOR: Matt Dean, Clerical Assistant - Water Billing
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (b) the personal hardship of any resident or ratepayer.
RECORD NUMBER: 2021/1083
AUTHOR: Julie Murray, Financial Accountant
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
RECORD NUMBER: 2021/946
AUTHOR: Nick Redmond, Acting Director Corporate and Commercial Services
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
RECORD NUMBER: 2021/1082
AUTHOR: Mark Frecklington, Assistant Works Manager
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
RECORD NUMBER: 2021/1063
AUTHOR: Mark Frecklington, Assistant Works Manager
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
RECORD NUMBER: 2021/1097
AUTHOR: John Boyd, Operations Manager
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
RECORD NUMBER: 2021/882
AUTHOR: Nick Redmond, Acting Director Corporate and Commercial Services
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (e) information that would, if disclosed, prejudice the maintenance of law.