Agenda of Council Meeting

ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 16 May 2017

COMMENCING AT 7.00pm

1 Introduction

Attendance

Cr J Davis OAM (Mayor), Cr J Hamling (Deputy Mayor), Cr A Brown, Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr N Jones, Cr R Kidd, Cr S Munro, 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

1.1 APOLOGIES

Nil

1.2 OPENING PRAYER

ROBERT MCKEAN OF THE ST JAMES PRESBYTERIAN CHURCH LED THE COUNCIL IN PRAYER

1.3 ACKNOWLEDGEMENT OF COUNTRY

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

Nil

PRESENTATION – BMX CLUB

Mrs Natalie Pavy outlined the BMX Club’s progress on developing the track and advised the Club required approximately $20,000 to complete the starting gate, hill and concrete pad.

2 Mayoral Minutes

Refer to Closed Meeting – Item 6.6

LATE ITEMS

RESOLVED - 17/191 Cr R Gander/Cr S Munro

That the following late items be dealt with at the meeting of Orange City Council held on 16 May 2017:

Item 6.5 Burrendong Way Reconstruction – Contractor Performance Matters

Item 6.6 Performance Appraisal

3 Confirmation of Minutes of Previous Meeting

RESOLVED - 17/192 Cr R Gander/Cr S Munro

That the Minutes of the Ordinary Meeting of Orange City Council held on 2 May 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 2 May 2017.

RESOLVED - 17/193 Cr S Munro/Cr J Whitton

That the Minutes of the Extraordinary Meeting of Orange City Council held on 9 May 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 9 May 2017.

4 Notices of Motion/Notices of Rescission

4.1 Tree surrounds in Lords Place

TRIM Reference: 2017/912

RESOLVED - 17/194 Cr N Jones/Cr J Hamling

That Council rescind the decision of the Infrastructure Policy Committee of 2 May 2017 in relation to the removal of concrete tree surrounds in Lords Place, as follows:

RESOLVED - 17/166 Cr R Kidd/Cr S Munro

That the concrete tree surrounds in Lords Place from Byng Street to Kite Street be removed and replaced with street posts around the trees, to create additional car parking spaces.

5 General Reports

5.1 Recommendations and Resolutions from Policy Committees

TRIM Reference: 2017/877

RESOLVED - 17/195 Cr R Kidd/Cr J Hamling

1 That the resolutions made by the Planning and Development Committee at its meeting held on 2 May 2017 be noted.

2 That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 2 May 2017 be noted.

3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 2 May 2017 be noted.

4 That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 2 May 2017 be noted.

5 That the resolutions made by the Finance Policy Committee at its meeting held on 2 May 2017 be noted.

6 That the resolutions made by the Services Policy Committee at its meeting held on 2 May 2017 be noted.

5.2 Outstanding Questions Taken on Notice

TRIM Reference: 2017/878

RESOLVED - 17/196 Cr C Gryllis/Cr S Munro

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

MATTER ARISING

RESOLVED - 17/197 Cr C Gryllis/Cr J Davis

That Council receive a report on making other water reserves available for recreational purposes at the June Council Meeting.

5.3 March Quarterly Budget Review and Performance Indicators

TRIM Reference: 2017/916

RESOLVED - 17/198 Cr K Duffy/Cr C Gryllis

1 That the information provided in the report on the Quarterly Budget Review and Performance Indicators – January to March 2017, be acknowledged.

2 That the variations arising from the Quarterly Budget Review, amounting to an improvement of $1,539,698 be adopted.

5.4 Statement of Investments - April 2017

TRIM Reference: 2017/925

RESOLVED - 17/199 Cr J Hamling/Cr S Munro

1 That Council receives the Statement of Investments as at 30 April 2017.

2 That Council receives and adopts the certification of the Responsible Accounting Officer.

5.5 Strategic Policy Review - ST136

TRIM Reference: 2017/809

RESOLVED - 17/200 Cr S Munro/Cr R Kidd

That Strategic Policy ST136 – Orange Aquatic Centre – Conditions of Entry be adopted.

5.6 Reduction of 2016/17 second and third quarter water/sewerage charges - 113 March Street Orange

TRIM Reference: 2017/830

RESOLVED - 17/201 Cr S Munro/Cr C Gryllis

1 That the 2016/17 third quarter water consumption charge for TAFE at 113 March Street, Orange of $10,103.77 be reduced by 40% and the combined sewer/trade waste charge of $9,557.49 be reduced to $2,425.30 pro-rata to previous consumption.

2 That the 2016/17 second quarter water consumption charge for TAFE at 113 March Street, Orange of $24,516.00 be reduced by 40% and the combined sewer/trade waste charge of $22,690.40 be reduced to $2,880.37 pro-rata to previous consumption.

6 Closed Meeting

In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.

In response to a question from the Mayor, the General Manager advised that no written submissions had been received relating to any item listed for consideration by the Closed Meeting of Council.

The Mayor extended an invitation to any member of the public present at the meeting to make a presentation to the Council as to whether the meeting should be closed for a particular item.

RESOLVED - 17/202 Cr S Munro/Cr C Gryllis

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 Loan Borrowings 2017 Financial Year

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

6.2 Reduction of 2016/17 Second and Third Quarter Water Consumption Charges - Ophir Road 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 Reduction of 2016/17 Third Quarter Water Consumption Charges 5 Fawcett Ridge Clifton Grove

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 Gold Coast 2018 Commonwealth Games Queen's Baton Relay Council Selected Batonbearer

6.5 Burrendong Way Reconstruction - Contractor Performance Matters

6.6 Performance Appraisal

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

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 8.06pm.

The Mayor declared the Ordinary Meeting of Council resumed at 8.50pm.

7 Resolutions from Closed Meeting

The Manager Administration and Governance read out the following resolutions made in the Closed Meeting of Council.

6.1 Loan Borrowings 2017 Financial Year

TRIM Reference: 2017/855

RESOLVED - 17/203 Cr C Gryllis/Cr S Munro

1 That Council convert the budgeted internal loan in 2016/17 to an external loan using the existing budgeted repayment allocation to service the external loan for the purpose of funding the Accelerated Roads program with any shortfall loan costs to be met from within the existing Roads Construction budget.

2 That the loan funds be drawn from the Commonwealth Bank of Australia repaid in quarterly instalments fixed for 5 years at 3.25% with a renegotiation being able to be entered into at the anniversary of the loan.

3 That the General Manager be authorised to execute relevant documents.

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

5 That the necessary advices be supplied to update the NSW Government on Council’s borrowings.

6.2 Reduction of 2016/17 Second and Third Quarter Water Consumption Charges - Ophir Road Orange

TRIM Reference: 2017/853

RESOLVED - 17/204 Cr R Gander/Cr S Munro

That the combined 2016/17second and third quarter water consumption charge for Mrs K Brett at 150 Ophir Road Orange of $5,912.79 be reduced to $329.15 pro-rata to previous consumption.

6.3 Reduction of 2016/17 Third Quarter Water Consumption Charges 5 Fawcett Ridge Clifton Grove

TRIM Reference: 2017/867

RESOLVED - 17/205 Cr K Duffy/Cr R Gander

That the 2016/17 Third Quarter Water Consumption Charge of $2,562.83 for Mrs Shimwell of 5 Fawcett Ridge Clifton Grove be reduced to $65.83 pro-rata to previous consumption.

6.4 Gold Coast 2018 Commonwealth Games Queen's Baton Relay Council Selected Batonbearer

TRIM Reference: 2017/800

RESOLVED - 17/206 Cr R Gander/Cr S Munro

That Council confirm the three community representatives selected to participate as a Batonbearer in Orange on Tuesday 30 January 2018.

6.5 Burrendong Way Reconstruction - Contractor Performance Matters

TRIM Reference: 2017/983

RESOLVED - 17/207 Cr C Gryllis/Cr S Munro

That the report on Burrendong Way Reconstruction – Contractor Performance Matters be acknowledged.

6.6 Performance Appraisal

TRIM Reference: 2017/1005

RESOLVED - 17/208 Cr J Whitton/Cr R Turner

1 That the Panel to assess the General Manager’s performance remain the Mayor, Deputy Mayor and Chairs of the Policy Committees as per previous panel membership.

2 That Council note the balance of the Mayoral Minute.

The Meeting Closed at 8.55pm

This is Page Number 11 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 16 May 2017.

Council Meeting 6 June 2017

5.1 Register of Delegations

Attachment 1 Register of Delegations - June 2017

REGISTER OF DELEGATIONS

D16/59981

Table of Contents

Power of Delegation. 3

Mayor 4

Delegation to the General Manager 10

Corporate and Executive Powers. 10

Execution of Documents. 13

Governance. 13

Finance. 14

Public Areas/Use of Public Space/Community Land. 15

Technical and Engineering Services. 16

Planning and Development (delegations conferred by legislation contained within GM004) 16

Community and Cultural Services. 16

Power of Delegation

Council delegates functions of the Council to the General Manager pursuant to Section 377 of the Local Government Act 1993 (the Act). These delegations are made on an exception basis, meaning that ALL functions are delegated to the General Manager unless expressly excluded. Section 377 of the Act provides as follows:

377 General power of the council to delegate

(1) A council may, by resolution, delegate to the General Manager or any other person or body (not including another employee of the council) any of the functions of the council, other than the following:

(a) the appointment of a General Manager,

(b) the making of a rate,

(d) the making of a charge,

(e) the fixing of a fee,

(f) the borrowing of money,

(g) the voting of money for expenditure on its works, services or operations,

(h) the compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment),

(i) the acceptance of tenders to provide services currently provided by members of staff of the council,

(j) the adoption of an operational plan under section 405,

(k) the adoption of a financial statement included in an annual financial report,

(l) a decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6,

(m) the fixing of an amount or rate for the carrying out by the council of work on private land,

(n) the decision to carry out work on private land for an amount that is less than the amount or rate fixed by the council for the carrying out of any such work,

(o) the review of a determination made by the council, and not by a delegate of the council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979,

(p) the power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194,

(q) a decision under section 356 to contribute money or otherwise grant financial assistance to persons,

(r) a decision under section 234 to grant leave of absence to the holder of a civic office,

(s) the making of an application, or the giving of a notice, to the Governor or Minister,

(t) this power of delegation,

(u) any function under this or any other Act that is expressly required to be exercised by resolution of the council.

(2) A council may, by resolution, sub-delegate to the General Manager or any other person or body (not including another employee of the council) any function delegated to the council by the Director-General except as provided by the instrument of delegation to the council.

Section 378 of the Act defines delegations by the General Manager:

1 The General Manager may delegate any of the functions of the General Manager, other than this power of delegation.

2 The General Manager may sub-delegate a function delegated to the General Manager by the council to any person or body (including another employee of the council).

3 Subsection (2) extends to a function sub-delegated to the General Manager by the council under section 377 (2).

Mayor

Section 226 of the Act defines the role of the Mayor, as:

1 Exercise, in cases of necessity, the policy-making functions of the governing body of the Council between meetings of the council

2 Exercise such other functions of the council as the council determines

3 Preside at meetings of the council

4 Carry out the civic and ceremonial functions of the Mayoral office

Schedule of Amendments

Date	Ref	Amendment
June 2017	Page 3	Update to reflect change to Section 377 of the Act to remove the previous (i) “the acceptance of tenders which are required under this Act to be invited by the council,” and replace with (i) “the acceptance of tenders to provide services currently provided by members of staff of the council”
	Page 8	Update resolution dates for Policy Committees to reflect these Committees and their associated Charters were adopted by Council on 6 September 2016
	GM004	Addition of legislation – Residential (Land-Lease) Communities Act 2013 as this legislation covers the permanent sites at the Colour City Caravan Park. Replacement of Crown Lands Act 1989 with Crown Land Management Act 2016.
	GM017	Amendment to reflect change of Section 377 of the Act to allow the General Manager to determine the acceptance of tenders with exception of tenders to provide services currently provided by members of staff of Council.
Nov 2015		Amendment of names of Policy Committees, and addition of Sport and Recreation Policy Committee and Employment and Economic Development Policy Committee.
Nov 2015	GM046	Remove reference to “excess water rates” and replace with “overdue water rates”
18/11/14	GM001	Removal of reference to legislation as this is covered in the various parts of GM004
	GM002	Deleted “To carry out the regular services and operations of the Council within the sums voted by the Council for expenditure thereon and/or in accordance with any resolution of Council, with the exception of items dealt with under delegation GM5” as this delegation is covered in the Financial delegations
	GM004	Removal of legislation that does not confer a delegation – Children (Protection and Parental Responsibility) Act 1997, Commission for Children and Young People Amendment Act 2005, Conveyancing Act 1919, Crown Lands Act 1989, Fire Brigades Act 1989, Gas Supply Act 1996, Gaming Machines Act 2001, Graffiti Control Act 2008, Health Records and Information Privacy Act 2002, Independent Commission Against Corruption Act 1988, Interpretation Act 1987, Land Acquisition (Just Terms Compensation) Act 1991, Library Act 1939, Local Land Services Act 2013, Native Title (NSW) Act 1994, Ombudsman Act 1974, Orange Showground Act 1897, Road Transport (Driver Licensing) Regulation 2008, Rural Fires Act 1997, State Emergency Service Act 1989, State Records Act 1998, Strata Schemes (Freehold Development) Act 1973, Unclaimed Money Act 1995, Waste Minimisation and Resource Recovery Act 1995, Water Management Amendment Acts 2008 and 2010
	GM004	Removal of repealed legislation – Catchment Management Authorities Act 2003, Child Protection (Prohibited Employment) Act 1998, Liquor (Amusement Devices) Act 1988, Road Transport (General) Act 2005, Road Transport (Safety and Traffic Management), Act 1999, Rural Lands Protection Act 1998, Waste Minimisation and Management Act 1995, Unhealthy Building Land Act 1990
	GM004	Addition of new legislation or legislation conferring a delegation not previously noted – Local Land Services Act 2013, Road Transport Act 2013, Public Health (Tobacco) Act 2008, Smoke Free Environment Act 2007
	Gm006	Deleted, appointment of public officer covered by the Local Government Act in GM004
	GM016	Deleted, as opening of tenders is covered by the Local Government Act in GM004
	GM021	Deleted “To exercise and perform on behalf of Council all functions, powers, authorities, duties and matters contained in Council's Community Strategic Plan, Delivery Program, Long Term Financial Plan, Workforce Management Plan, Asset Management Program, and Operational Plan” as covered in GM04 as part of the Local Government Act. This is also a responsibility of staff, not a delegation.
	GM024 GM031	Deleted, as powers conferred by the Government Information Public Access Act are covered in GM004.
	GM026	Deleted, as powers conferred by the Liquor Act are covered in GM004.
	GM027	Deleted, “authorisation of purchase requisitions of an unlimited amount” as covered in the Financial delegation GM035. Added “to sign letters of engagement for consultants”
	GM028	Deleted “to determine matters which are to be included in the business paper for Council Meetings” – this is governed by Council’s Code of Meeting Practice. Items listed for consideration by Council are approved by the General Manager and Directors.
	GM032	Deleted, as powers conferred by Public Interest Disclosures Act are covered in GM004.
	GM033	Deleted, as powers conferred by the Privacy and Personal Information Protection Act are covered in GM004.
	GM040	Deleted, the keeping of accounts is covered in the Local Government Act, GM004
	GM047 GM048	Deleted, as relate to rating of properties which is covered in the Local Government Act, GM004
	GM053	Deleted, reference to replacing fencing covered in the Dividing Fences Act in GM004
	GM064	Deleted “approve applications for filming” as this is covered in GM004 under the Local Government Act
	GM065 GM066	Deleted “to prepare and implement plans of management for community land” and “to authorise the use of community land in accordance with the terms of plans of management” as these are operational requirements, not delegations
	GM067- GM071	Deleted “to give notice of a proposed dedication of certain land as public road”, “to make application to close a public road”, “to place weight restrictions on certain public roads or bridges”, “to order the removal of obstructions placed illegally on road reserves, footpaths and public places” and “to close roads, or parts thereof, temporarily for repairs or construction” – these functions are addressed under the Roads Act in GM004
	GM076	Deleted “to approve applications to blast” as this function is addressed under the Local Government Act in GM004
	GM077 GM079	Deleted “to approve applications to install pipelines in road reserves” and “to determine the location and operation of mobile traffic lights” as these are operational matters and do not require a delegation.
	GM081	Deleted “to instigate action to clear water and sewer blockages” as this is an operational requirement not a delegation
	Planning and Development
	GM084- GM099	Deleted as they are addressed in GM004 under the Local Government Act, Environmental Planning and Assessment Act, the Building Professionals Act 2005 and the Food Act
	GM103	NEW - To act as Council’s designated officer in relation to events on Council land and to take all action necessary to ensure the safe operation of events on Council land
	GM104	NEW – To negotiate and settle legal proceedings as necessary
	GM105	NEW – To approve insurance requirements for contracts, projects and events
21/05/13	GM-17	Addition of delegation to General Manager regarding the method of tendering
18/12/12	New	New Register of Delegations developed and adopted by Council

Delegate	Ref	Delegation
Mayor	M1	To sign and execute documents under the Common Seal of Council in conjunction with either the General Manager or another Councillor as co-signatories after Council has resolved to affix the Council Seal.
	M2	To make media statements or releases on behalf of Council.
	M3	To exercise in cases of necessity, the policy-making functions of the governing body of the Council between meetings of the Council.
	M4	To sign correspondence on behalf of the Council or of the Office of the Mayor.
	M5	The Mayor may authorise a Councillor to attend a conference, seminar or function within and outside the Council area (conference means conferences, seminars, congresses, forums, workshops, courses, meetings, deputations, information and training sessions events etc, held within Australia), in accordance with Council’s Payment of Expenses and Provision of Facilities to Councillors Strategic Policy, with such approval being reported to the next Council Meeting.
	M6	To make a temporary appointment to the position of General Manager where the position is vacant or the holder of the position is suspended or absent.
	M7	To call an extraordinary meeting of Council if such a meeting is deemed necessary in accordance with Council’s adopted Code of Meeting Practice.
Deputy Mayor	DM1	To sign and execute documents under the Common Seal of Council in conjunction with either the General Manager or another Councillor as co-signatories after Council has resolved to affix the Council Seal.
Deputy Mayor	DM2	In the absence of the Mayor and subject to compliance with the requirements of the Local Government Act 1993, and any expressed policy or direction of the Council, the Council delegates to the person who occupies the position of Deputy Mayor to exercise and perform on behalf of the Council the powers, authorities, duties and functions of the Mayor including the powers, authorities, duties and functions which the Council has delegated by this Register to the Mayor.

Delegate	Ref	Delegation
Planning and Development Policy Committee	PDC1	To determine all matters referred to it for consideration (as resolved 15/360, Extraordinary Council Meeting held 6 September 2016)
Finance Policy Committee	FPC1	To determine all matters referred to it for consideration, with the exception of determining any matter that would cause expenditure outside the Council’s adopted budget (as resolved 15/360, Extraordinary Council Meeting held 6 September 2016)
Services Policy Committee	SPC1	To determine all matters referred to it for consideration, with the exception of determining any matter that would cause expenditure outside the Council’s adopted budget (as resolved 15/360, Extraordinary Council Meeting held 6 September 2016)
Infrastructure Policy Committee	IPC1	To determine all matters referred to it for consideration, with the exception of determining any matter that would cause expenditure outside the Council’s adopted budget (as resolved 15/360, Extraordinary Council Meeting held 6 September 2016)
Environmental Sustainability Policy Committee	ESPC1	To determine all matters referred to it for consideration, with the exception of determining any matter that would cause expenditure outside the Council’s adopted budget (as resolved 15/360, Extraordinary Council Meeting held 6 September 2016)
Sport and Recreation Policy Committee	SRPC1	To determine all matters referred to it for consideration, with the exception of determining any matter that would cause expenditure outside the Council’s adopted budget (as resolved 15/360, Extraordinary Council Meeting held 6 September 2016)
Employment and Economic Development Policy Committee	EEDPC1	To determine all matters referred to it for consideration, with the exception of determining any matter that would cause expenditure outside the Council’s adopted budget (as resolved 15/360, Extraordinary Council Meeting held 6 September 2016)
City of Orange Traffic Committee	COTC 1	Pursuant to the delegation of powers from the Roads and Maritime Services NSW, the authority for regulation of traffic management and traffic control signs on public roads. This authority is limited to the powers, authorities, duties and functions that are specified in the Roads and Maritime Services NSW Instrument of Delegation to Council, from the Road and Maritime Services

Delegate	Ref	Delegation
Audit and Risk Management Committee	ARMC1	The Audit and Risk Management Committee is granted delegated authority by Council to carry out its duties and responsibilities as defined in the Committee's Charter. The Audit and Risk Management Committee has delegated authority to approve investigations into any matters within its scope of responsibility and make recommendations to the General Manager on matters arising from such investigations.
Conduct Review Committee	CRC1	The Conduct Review Committee or member of the Conduct Review Committee acting as a sole Conduct Reviewer is responsible for making enquiries into complaints made under Council’s adopted Code of Conduct, alleging breaches of the Code of Conduct by Councillors and/or the General Manager. The operation of the Conduct Review Committee is outlined in the adopted Conduct Review Committee Charter.

Delegation to the General Manager Pursuant to the provisions of the Local Government Act 1993, and any expressed policy or direction of Council, that Council in accordance with the provisions of Section 377 of the Local Government Act, 1993 and every other enabling statutory power, delegates to its General Manager authority to exercise and to perform on behalf of the Council, all necessary powers, authorities, duties and functions, including:
Corporate and Executive Powers
GM001	To carry out the regular services, functions and operations of the Council in accordance with the adopted policies of the Council, including all Strategic and Operational Policies.
GM003	To allocate priority of works for which funds have been provided subject to any direction of Council.
GM004	To exercise the powers and functions of an authorised officer under any of the following Acts including any amending legislation: · Building Professionals Act 2005 • Companion Animals Act 1998 • Community Land Management Act 1989 · Contaminated Land Management Act 1997 · Crown Land Management Act 2016 · Dividing Fences Act 1991 • Environmental Planning and Assessment Act 1979 • Food Act 2003 • Firearms Act 1996 • Government Information (Public Access) Act 2009 • Heritage Act 1977 • Impounding Act 1993 • Liquor Act 2007 • Local Government Act 1993 • Major Events Act 2009 · National Parks and Wildlife Act 1974 · Native Vegetation Act 2003 • Noxious Weeds Act 1993

GM004 (cont)	· Pesticides Act 1999 • Plumbing and Drainage Act 2011 · Privacy & Personal Information Protection Act 1998 • Protection of Environment Operations Act 1997 • Public Health Act 2010 · Public Health (Tobacco) Act 2008 · Public Interest Disclosures Act 1994 • Recreation Vehicles Act 1983 · Residential (Land Lease) Communities Act 2013 • Roads Act 1993 • Road Transport Act 2013 · Smoke Free Environment Act 2000 • State Emergency and Rescue Management Act 1989 • Swimming Pools Act 1992 • Transport Administration Act 1988 • Water Management Act 2000 • Work Health and Safety Act 2011
GM005	To authorise any work which is deemed urgent at a cost not exceeding $10,000 for which Council has not allocated funds, provided that such expenditure is reported to the Council at its next Ordinary Meeting. “Urgent” work may include work necessary to ensure security of Council property or public safety.
GM007	To take all necessary action to instigate proper risk management procedures and ensure implementation of same.
GM008	To close any public area, or to close or cease any Council service temporarily for repair or construction when necessary.
GM009	To make public statements and issue media releases on matters involving the Council.
GM010	To affix the Common Seal of Council to a document in accordance with a Council resolution and to act as a signatory with the Mayor or another Councillor.
GM011	To authorise action to be taken in connection with any complaints or requests received.
GM012	To negotiate land sales within 10% of the market price or price resolved by Council.
GM013	To set a reserve price at auction, where land is being sold for overdue rates.
GM014	To prepare and lodge applications for grants provided such action is consistent with Council's strategic planning documents.
GM015	To manage investigations and reports on matters referred by the ICAC.
GM017	To determine the method of tendering ie whether tenders are to be by open tendering or selective tendering, and to determine the acceptance of tenders with exception of tenders to provide services currently provided by members of staff of Council.
GM018	To withdraw an imposed penalty where justified.
GM019	To dispose of vehicles abandoned on Council owned or controlled land.
GM020	To authorise graffiti removal work, with or without the agreement of the owner or occupier of the land.
GM022	To negotiate and manage contracts and agreements.

Legal Processes
GM023	To obtain legal advice where necessary and to institute, conduct and defend legal proceedings with respect of Council's activities in all Courts.
GM025	To approve easements and covenants that burden land owned by Council.
GM104	To negotiate and settle legal proceedings as necessary.

Execution of Documents
GM027	To sign documents on behalf of Council, including a Correspondence b Contracts, agreements and leases c Retail lease disclosure statements d Sales agreements for agents to sell Council land e Approval of designs for subdivision plans and construction certificates f Release of subdivision certificates g Development applications for Council owned or controlled property h Survey plans and survey requests/amendments i Authorising payments by cheque or electronically in accordance with Council’s strategic planning documents and budget and Council resolution j Taxation returns k Employment summaries, superannuation forms and other declarations or forms associated with the employment of staff l Rating certificates m Letters of engagement for consultants
Governance
GM029	To terminate any lease or rental agreement on any Council owned property where the terms of the lease have been breached, or accounts fall into arrears.
GM030	To, in conjunction with the Mayor, approve payment of expenses and provision of facilities for Councillors in accordance with Council's adopted policy.
GM034	To approve the content, layout and placement of advertising on behalf of Council.
GM105	To approve insurance requirements for contracts, projects and events.

Finance
GM035	To commit and authorise operational and/or capital expenditure of any amount within the area of operation and budget in accordance with Council’s adopted budget, Purchasing Policies and relevant legislation.
GM036	To authorise any variations to a contract within the Council’s adopted budget.
GM037	To authorise exemptions from compliance with Council’s Purchasing Policies in limited circumstances, as set out in the Strategic and Operational Purchasing Policies.
GM038	To authorise the investment of Council funds and sign such applications and documents as may be required.
GM039	To engage Consultants within the budget, to assist with Council projects within the confines of budgetary constraints.
GM041	To approve financial returns required by various organisations.
GM042	To initiate debt recovery procedures.
GM043	To allow unpaid rates to be paid from the estate of aged pensioners, or from the sale of the property.
GM044	To write off rates or debts which are determined not financially viable to recover to a limit in any one case not exceeding $5,000.
GM045	To approve applications for extension of time to pay accounts.
GM046	To order restriction or disconnection of water supply to premises if overdue water accounts are not paid.
GM049	To authorise the operation of Council’s bank accounts.
GM050	To authorise the payment of salaries and wages of the staff.
GM051	To authorise the issue of corporate credit cards to employees in accordance with Council’s Credit Card Operational Policy.
GM052	To authorise the payment of petty cash claims up to a maximum of $500 per claim.
GM054	To authorise ex-gratia payments for public liability/public indemnity claims for amounts below Council’s insurance policy excess.
GM055	To authorise the disposal and retirement of assets in accordance with Council’s Policies and adopted Asset Management Plans, Community Strategic Plan, Long Term Financial Plan, Delivery/Operational Plan.
GM056	To authorise the release of funds and/or Bank Guarantees where the required works or services have been carried out to a satisfactory standard.

Public Areas/Use of Public Space/Community Land
GM057	To determine applications for the use of public roads for walkathons, charitable collections, motor car trials, bicycle races and the like where the authorisation of the City of Orange Traffic Committee is not specifically required.
GM058	To grant approval for street stalls or busking.
GM059	To determine applications for functions, activities or sports on Council's community land or other grounds or venues of parks under Council's care.
GM060	To approve of the design and subsequent erection of banners and flags on existing flagpoles in accordance with Council’s policy.
GM061	To process claims for rewards under Council’s Graffiti Reward Scheme.
GM062	To suspend alcohol free zones for community events.
GM063	To grant approval for helicopter touchdowns on Public Reserves.
GM103	To act as Council’s designated officer in relation to events on Council land and to take all action necessary to ensure the safe operation of events on Council land.
Technical and Engineering Services
GM072	To issue/refuse compliance and construction certificates in relation to subdivisions and engineering works.
GM073	To remove dangerous trees under the control of the Council, where such removal is necessary, to allow work to proceed immediately.
GM074	To carry out private works and authorise the hire of Council plant subject to satisfactory arrangements being made for the payment of such works.
GM075	To approve applications for the excavation of public streets subject to compliance with Council's Policy.
GM078	To determine applications for the creation of temporary construction zones on public roads restricting public parking in such zones.
GM080	To authorise formulation and completion of trade waste agreements.
GM082	To approve applications to name roads in accordance with Council's Policy.
GM083	To authorise the release of Council plant and other resources to assist fire-fighting, emergency work, and assist the Local Emergency Management Committee in emergency work
Planning and Development (delegations conferred by legislation contained within GM004)
GM089	To determine requests to raise development contributions as specified in the Development Contributions Plan.
GM097	To negotiate Voluntary Planning Agreement packages in accordance with Council Policy.
Community and Cultural Services
GM101	To be Licensee of a Child Care Service.
GM102	To be or nominate an authorised supervisor of a Child Care Service.

Ref	Amendment
Page 3	Update to reflect change to Section 377 of the Act which sets out functions that cannot be delegated to the General Manager to remove the previous (i) “the acceptance of tenders which are required under this Act to be invited by the council,” and replace with (i) “the acceptance of tenders to provide services currently provided by members of staff of the council”
Page 8	Update resolution dates for Policy Committees to reflect these Committees and their associated Charters were adopted by Council on 6 September 2016
GM004	Addition of legislation – Residential (Land-Lease) Communities Act 2013 as this legislation covers the permanent sites at the Colour City Caravan Park. Replacement of Crown Lands Act 1989 with Crown Land Management Act 2016.
GM017	Amendment to reflect change of Section 377 of the Act to allow the General Manager to determine the acceptance of tenders with exception of tenders to provide services currently provided by members of staff of Council.