Minutes of Extraordinary Council Meeting

Extraordinary Council Meeting Minutes

3 June 2025

1 Opening of Meeting

The Mayor declared the Extraordinary Council Meeting of Tuesday 3 June 2025 open and welcomed Councillors, Council Officers and members of the public attending and listening to the meeting.

The Mayor advised attendees that the meeting was being recorded and streamed live on the internet, to enhance the accessibility of Council meetings to the broader Parkes Shire community, and that the recording will be archived and made available on Council’s website.

The Mayor asked that attendees ensure that mobile phones and other electronic devices were turned off or in silent mode for the duration of the meeting.

The Mayor further advised that all care would be taken to maintain privacy, however, as a visitor in the public gallery, members of the public should be aware that their presence may be recorded.

2 Acknowledgement of Country

The Mayor read the following Acknowledgement of Country:

Parkes Shire Council acknowledges the Traditional Custodians of the Wiradjuri Country and recognises and respects their cultural heritage, beliefs and continuing connection with the lands and rivers of the Parkes Shire.

Council pays its respects to Elders past, present and emerging and extends this respect to all First Nations peoples in the Parkes Shire.

3 Prayer

The Acting General Manager / Director Infrastructure and Sustainability read the Prayer:

O God,

Grant that by the knowledge of Thy will,

All we may resolve shall work together for good,

We Pray through Jesus Christ, Our Lord,

AMEN

4 Apologies and Applications for a Leave of Absence

Nil

5 Applications to Attend by Audio-Visual Link

Nil

6 Disclosures of Interests

The Mayor reminded Councillors and Council Officers of their obligation under Council's Code of Conduct to disclose and manage any conflicts of interest they may have in matters being considered at the meeting, and invited Councillors and Council Officers to disclose any such interests.

Nil interests were disclosed.

7 Late Business

The Mayor advised that no late items of business had been submitted to the meeting.

8 Confidential Matters

Resolved ECMCC 011/25

Moved: Cr Marg Applebee

Seconded: Cr William Jayet

That Extraordinary Council Meeting:

1. Moves into Closed Session to deal with the matters below, which are classified as confidential under section 10A(2) of the Local Government Act 1993 for the reasons specified:

8.1 PSC2025/002 - Facility Management Parkes Aquatic Facilities

This matter is considered to be confidential under Section 10A(2) - d(i) of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

Further it is considered that discussions of this matter in open Council would, on balance, be contrary to the public interest as it would prejudice Council's ability to secure the optimum outcome for the community.

8.2 Reappointment of Independent Member to Audit, Risk and Improvement Committee

This matter is considered to be confidential under Section 10A(2) - a of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with personnel matters concerning particular individuals (other than councillors).

2. Exclude the media and public from the meeting on the basis that the business to be considered is classified as confidential, pursuant to 10A(1), 10(2) and 10A(3) of the Local Government Act 1993.

3. Withhold reports and correspondence relevant to the subject business be withheld from the media and public as provided by section 11(2) of the Local Government Act 1993.

4. Make public resolutions made by the Council in Closed Session after the conclusion of the Closed Session, and record such resolutions in the minutes of the Council meeting.

Background, Issues and Commentary

In accordance with section 10A(2) of the Local Government Act 1993, Council may close part of its meeting to deal with business of the following kind:

(a) Personnel matters concerning particular individuals (other than councillors).

(b) 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:

(i) Prejudice the commercial position of a person who supplied it: or

(ii) Confer a commercial advantage on a competitor of Council;

(iii) 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 and Council property.

(g) Advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the grounds 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 contraventions of any Code of Conduct requirements applicable under section 440.

It is my opinion that the business listed in the recommendation is of a kind referred to in section 10A(2) of the Local Government Act 1993 and, under the provisions of the Act and the Local Government (General) Regulation 2021, should be dealt with in a part of the meeting that is closed to members of the public and the media.

Pursuant to section 10A(4) of the Act and clauses 14.9–14.10 of Council's Code of Meeting Practice, members of the public may make representations to the meeting immediately after the motion to close part of the meeting is moved and seconded, as to whether that part of the meeting should be closed.

Carried

At 4:36 pm, the Meeting went into Closed Session.

	8.1 PSC2025/002 - Facility Management Parkes Aquatic Facilities
	Recommendation Moved: Cr Neil Westcott Seconded: Cr Louise O'Leary That: 1. That Council award the contract Aquatic Facilities Management - PSC2025/002 to Belgravia Leisure for the lump sum of $3,052,946 for a three (3) year term. In Favour: Crs Neil Westcott, Marg Applebee, William Jayet and Louise O'Leary Against: Crs Ken McGrath, Joy Paddison, Doug Pout, George Pratt, Matthew Scherer and Glenn Wilson This Recommendation was lost, therefore a new Motion was proposed. lost 4/6
NEW MOTION
Resolved ECMCC 012/25 Moved: Cr Neil Westcott Seconded: Cr Glenn Wilson It is therefore recommended that Council: Receives the confidential report, Aquatic Facilities Management PSC2025/002 (Confidential Report), in relation to the request for tender process PSC2025/002 (RFT process); Notes the tender evaluation outcomes and the associated scoring and assessment as detailed in the Confidential Report; Authorises the General Manager and Director of Operations to enter into direct negotiations with the preferred tenderer, to clarify and confirm the commercial terms of their conforming tender (submission for all pools), including insurance and operational cost assumptions, provided such negotiations do not result in material pricing changes that would have otherwise rendered the submission non-competitive; and Requests that a further report be presented to Council outlining the outcome of negotiations, for consideration prior to entering into any contract under this RFT process. In Favour: Crs William Jayet, Ken McGrath, Joy Paddison, Doug Pout, George Pratt, Matthew Scherer and Glenn Wilson Against: Crs Neil Westcott, Marg Applebee and Louise O'Leary carried 7/3

At 5:14 pm, Acting General Manger / Director Infrastructure and Sustainability left the meeting.

At 5:29 pm, Councillor George Pratt left the meeting.

8.2 Re-appointment of Independent Member to Audit, Risk and Improvement Committee

Resolved ECMCC 013/25

Moved: Cr Marg Applebee

Seconded: Cr Joy Paddison

That Council:

1. Confirm the reappoint Dr Meredith Caelli as an Independent Voting Member of the Audit, Risk and Improvement Committee for a term of three (3) years, commencing 01 June 2025 and concluding 31 May 2028 subject to continuing to meet eligibility requirements prescribed under the Local Government (General) Regulation 2021.

In Favour: Crs Neil Westcott, Marg Applebee, William Jayet, Ken McGrath, Louise O'Leary, Joy Paddison, Doug Pout, Matthew Scherer and Glenn Wilson

Against: Nil

carried 9/0

Resolved ECMCC 014/25

Moved: Cr Doug Pout

Seconded: Cr William Jayet

That the Extraordinary Council Meeting:

1. Resume in Open Session and note the Chairperson’s report on Confidential Resolutions.

Carried

At 5:33 pm, the Council in Closed Session returned to Open Session.

9 Report of Confidential Resolutions

In accordance with clauses 14.22 and 14.23 of Council's Code of Meeting Practice, resolutions passed during a meeting, or a part of a meeting that is closed to the public must be made public by the Chairperson as soon as practicable. Such resolutions must be recorded in the publicly available minutes of the meeting.

10 Conclusion of Meeting

The meeting concluded at 5:34 pm.

This is the final page of the minutes comprising 9 pages numbered 1 to 9 of the Extraordinary Council Meeting held on Tuesday, 3 June 2025.

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MAYOR