Agenda of Council Meeting - 22 October 2019

ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 1 October 2019

COMMENCING AT 7.00pm

1 Introduction

Attendance

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

Acting Chief Executive Officer (Maunder), Acting Director Corporate and Commercial Services (Freeman), Acting Director Development Services (Hodges), Acting Director Technical Services (Davis), Manager Corporate and Community Relations, Manager Engineering Services, Manager Development Assessment, Water and Sewerage Strategic Manager.

1.1 APOLOGIES

RESOLVED - 19/479 Cr K Duffy/Cr S Munro

That the apologies be accepted from Cr S Romano (Deputy Mayor), Cr J Hamling and Cr J McRae for the Council Meeting of Orange City Council on 1 October 2019.

For: Unanimous

Against: Nil

Absent: Cr Romano, Cr McRae, Cr Hamling

1.2 LIVESTREAMING AND RECORDING

The Mayor advised that the meeting was being livestreamed and recorded.

1.3 ACKNOWLEDGEMENT OF COUNTRY

The Mayor conducted the Acknowledgement of Country.

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

Cr Previtera declared a Significant Non-Pecuniary interest in Item 6.2 – Shiralee Road Land Acquisition – as his sister is the owner of the property.

Cr Taylor declared a Non-Significant Pecuniary interested in item 2.2 of the Planning and Development Committee - DA 222/2019(1) – 10 William Street, as he undertook work at the property as a contractor.

2 Mayoral Minutes

Nil

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7:05PM

OPEN FORUM

Item 4.1 – Rescission Motion - DA215/2019(1) – 36-40 Turner Crescent, Orange

Brett Stanford

Graeme Keith Scott

Item 2.2 of the Planning and Development Committee – Development Application DA 222/2019(1) – 10 William Street

Dianne Gee

3 Confirmation of Minutes of Previous Meeting

RESOLVED - 19/480 Cr S Nugent/Cr S Munro

That the Minutes of the Ordinary Meeting of Orange City Council held on 17 September 2019 (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 17 September 2019.

For: Unanimous

Against: Nil

Absent: Cr Romano, Cr McRae, Cr Hamling

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7:24PM

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8:22PM

4 Notices of Motion/Notices of Rescission

4.1 Rescission Motion - DA 215/2019(1) - 36-40 Turner Crescent, Orange

TRIM Reference: 2019/1952

MOTION Cr K Duffy/Cr G Taylor

That Council rescind the following resolution of the Planning and Development Committee Meeting of 3 September 2019.

2.3 Development Application DA215/2019(1) - 36-40 Turner Crescent (Centre Based Child Care Facility)

TRIM Reference: 2019/1822

RESOLVED - 19/427 Cr R Turner/Cr S Munro

That Council resolves to consent to development application DA 215/2019(1) for Centre Based Child Care Facility at Lot 194 DP 1007290 - 36-40 Turner Crescent, Orange, pursuant to the conditions of consent in the attached Notice of Approval.

AMENDMENT Cr S Nugent/Cr R Turner

That Council defer the rescission motion to allow discussion with the Minister to take place.

The amendment on being put to the meeting was carried and became the motion.

For: Cr R Kidd, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr R Turner

Against: Cr J Whitton, Cr K Duffy, Cr G Taylor

Absent: Cr S Romano, Cr J Hamling, Cr J McRae

The motion on being put to the meeting was carried.

RESOLVED - 19/498 Cr S Nugent/Cr R Turner

That Council defer the rescission motion to allow discussion with the Minister to take place.

For: Cr R Kidd, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr R Turner, Cr K Duffy, Cr G Taylor

Against: Cr J Whitton

Absent: Cr S Romano, Cr J Hamling, Cr J McRae

4.2 Notice of Motion - Aquatic Centre Admission - Health Related Pass

TRIM Reference: 2019/2038

RESOLVED - 19/499 Cr R Kidd/Cr S Nugent

That Orange City Council investigate a support program to accommodate disadvantaged persons that need to access the Aquatic Centre for health and rehabilitation purposes.

For: Unanimous

Against: Nil

Absent: Cr S Romano, Cr J McRae, Cr J Hamling

5 General Reports

5.1 Change of Council Meeting Dates

TRIM Reference: 2019/2134

RESOLVED - 19/500 Cr S Nugent/Cr K Duffy

1 That the Council Meeting scheduled for Tuesday 15 October 2019 be held on Tuesday 22 October 2019 at 7.00pm.

2 That the Council and Policy Committee meetings scheduled for Tuesday 5 November 2019 be held on Thursday 7 November 2019 commencing at 7.00 pm.

For: Unanimous

Against: Nil

Absent: Cr S Romano, Cr J McRae, Cr J Hamling

5.2 National Local Roads and Transport Congress 2019

TRIM Reference: 2019/2039

RESOLVED - 19/501 Cr S Nugent/Cr M Previtera

That Council resolves Cr K Duffy and Cr R Kidd attend the National Local Roads and Transport Congress to be held in Hahndorf, South Australia on 18-20 November 2019.

For: Unanimous

Against: Nil

Absent: Cr S Romano, Cr J McRae, Cr J Hamling

5.3 Request to enter into new Parking Agreement at Orange Central Square

TRIM Reference: 2019/1890

RESOLVED - 19/502 Cr R Turner/Cr S Munro

1 That Council resolve to support the proposal to enter into a new parking agreement with Orange Central Square on the basis of a three-hour patrol and that the Chief Executive Officer be authorised to negotiate the finer details of the parking agreement with the owners or Manager of Orange Central Square at 227-237 Summer Street, Orange under Section 650(6) of the Local Government Act 1993 and on the terms of this report and to implement such parking agreement so that it is at full cost recovery and satisfactory to Council.

2 That permission be granted to affix the Council Seal on all relevant documents.

For: Unanimous

Against: Nil

Absent: Cr S Romano, Cr J McRae, Cr J Hamling

6 Closed Meeting

In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the Chief Executive Officer, 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 Chief Executive Officer 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 - 19/503 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 Asphalt Plant 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 (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 Shiralee Road Land Acquisition

For: Unanimous

Against: Nil

Absent: Cr Romano, Cr McRae, Cr Hamling

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 9:00PM

The Mayor declared the Ordinary Meeting of Council resumed at 9:10PM.

7 Resolutions from Closed Meeting

The Acting Chief Executive Officer (Maunder) read out the following resolutions made in the Closed Meeting of Council.

6.1 Asphalt Plant Orange

TRIM Reference: 2019/1947

RESOLVED - 19/504 Cr K Duffy/Cr S Munro

1 That the report by the Manager of Corporate and Community Relations be acknowledged.

2 That Council continues to support the establishment of an asphalt plant in Orange when opportunities arise.

3 That discussion take place between the Chief Executive Officer, Director Technical Services, Cr R Kidd and Cr J Whitton.

For: Unanimous

Against: Nil

Absent: Cr S Romano, Cr J McRae, Cr J Hamling

6.2 Shiralee Road Land Acquisition

TRIM Reference: 2019/1699

RESOLVED - 19/505 Cr S Nugent/Cr K Duffy

1 That Council acquire approximately 72 m² of Lot 85 DP 750401 under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991 for road upgrade.

2 That the Chief Executive Officer be authorised to finalise the acquisition.

3 That upon acquisition, Council classify this land as Operational Land in accordance with the Local Government Act, and dedicates the road as road reserve.

4 That permission be granted for the use of the Council Seal on any document if required.

For: Unanimous

Against: Nil

Absent: Cr S Romano, Cr J McRae, Cr J Hamling

The Meeting Closed at 9:10pm

This is Page Number 12 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 1 October 2019.

Council Meeting 22 October 2019

4 Notices of Motion/Notices of Rescission

4.1 Rescission Motion - DA 215/2019(1) - 36-40 Turner Crescent, Orange

RECORD NUMBER: 2019/2294

We, Cr Kevin Duffy, cr glenn taylor and cr jeff whitton wish to move the following Notice of Rescission at the Council Meeting of 22 October 2019:

Motion

That Council rescind the following resolution of the Planning and Development Committee Meeting of 3 September 2019.

2.3 Development Application DA215/2019(1) - 36-40 Turner Crescent (Centre Based Child Care Facility)

TRIM Reference: 2019/1822

RESOLVED - 19/427 Cr R Turner/Cr S Munro

Signed Cr Kevin Duffy Cr Glenn Taylor Cr Jeff Whitton

STAFF COMMENT

Determination

Notwithstanding the subsequent information Council can only determine the development application before it. Should Council resolve to refuse the development application the applicant is then able to submit an alternative development application for determination or seek other remedies.

The application before Council does not include an option for access to Molong Road or the Northern Distributor.

Traffic

Council resolved to defer this item at the Council Meeting of 1 October 2019 following an indication from a resident that the Minister for Regional Transport and Roads had indicated the RMS would consider a proposal with access and egress onto Molong Road. As this contradicted previous correspondence from the RMS, the matter was deferred to allow time to clarify the situation with the Minister. That has occurred.

Council’s Director of Technical Services has indicated that there are a number of reasons why it is not possible or practical to provide access onto the Mitchell Highway for the Turner Crescent Child Care Development. There has been no change to this position following discussion with the Minister.

The predominant reason is Council’s obligations under the infrastructure SEPP, where safe access is available from a local road approval cannot be granted for access onto the State road network.

The reasons provided are:

1. Planning policies under the Infrastructure SEPP do not allow Council to approve access onto the State road network where safe access is already provided on the Local road network.

2. The proposed development does not have frontage to the Mitchell Highway, rather there is a parcel of land owned by Council for future widening and specifically to restrict access onto the Mitchell Highway.

3. RMS written submission on the Orange LEP includes “all childcare centres on classified roads should be avoided.”

4. RMS have given circular support in principal for the 2017 application for conditional access onto the Mitchell Highway, however the support noted Council’s obligations under the infrastructure SEPP in point 1.

5. We have been through this proposal for alternative access previously in 2017 and the option was rejected then by the developer;

6. It was pointed out by an opponent to the development that the peak hour for a childcare is actually spread over three hours. This has the effect of mitigating the traffic impact. Given this the peak vehicle counts estimated by the applicants consultant are conservatively high and the vehicle counts per hour is actually lower; and

7. The developer has a complying application for access/egress off Turner Crescent and is not proposing an alternative egress. In fact the anticipated traffic volume increase is well within the existing road capacity of Turner Crescent.

#1 Infrastructure SEPP

Council has been provided with correspondence from the RMS to the applicant referencing the below SEPP and stating that it is their preference for “vehicular access to the development being obtained via Turner Crescent.”

State Environmental Planning Policy (Infrastructure) 2007

Current version for 31 May 2019 to date (accessed 26 September 2019 at 11:30)

Part 3 Division 17 Subdivision 2 Clause 101

101 Development with frontage to classified road

(1) The objectives of this clause are:

(a) to ensure that new development does not compromise the effective and ongoing operation and function of classified roads, and

(b) to prevent or reduce the potential impact of traffic noise and vehicle emission on development adjacent to classified roads.

(2) The consent authority must not grant consent to development on land that has a frontage to a classified road unless it is satisfied that:

(a) where practicable and safe, vehicular access to the land is provided by a road other than the classified road ,and

(b) the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as a result of:

(i) the design of the vehicular access to the land, or

(ii) the emission of smoke or dust from the development, or

(iii) the nature, volume or frequency of vehicles using the classified road to gain access to the land, and

(c) the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the development arising from the adjacent classified road.

#2 Frontage to Mitchell Highway

Both Council and RMS have acquired land along the Mitchell Highway in the past for future widening of the State road. Council’s purchases have been for both the future widening and to restrict access along the Mitchell Highway. See below plan with the reserve in green.

If Council wished to provide access through this reserve advice from the Acting Director Corporate and Commercial Services is that there are two issues “that it is community land and has a public reserve notation. Both classifications need to be addressed.

It would seem the DA would need to be subject to the following:

1 Applicant required to obtain a LEP amendment of PART ONLY Lot 196 DP 1007290.

2 Applicant obtain RMS concurrence to allow access off Molong Road and comply with RMS requirements.

3 Applicant, following RMS and Council consent, will need to engage a private company to proceed with an LEP amendment process for removal of public reserve notation and change of classification from Community Land to Operational Land of that part of Lot 196 DP 1007290 required for access.

4 All LEP costs to be borne by the Developer including application fee, lodgement fees, plan of subdivision, registration and any legal costs incurred by Council.”

#3 RMS LEP submission

A call to RMS Manager Land Use Assessment, Mr Andrew McIntyre confirmed that RMS made a written submission to Council on the LEP when it was being considered and included “all childcare centres on classified roads should be avoided.”

#4 RMS 2017 Conditional Support

In 2017 RMS’s initial response was a strong preference for all vehicular access be from/to Turner Crescent. However when pushed on the point in the light of community pressure, gave a circular response of conditional support that was predicated on Council’s obligations under the infrastructure SEPP. As safe access can be provided from/to Turner Crescent the in principal support is provided knowing Council cannot provide access to the Mitchell Highway under the infrastructure SEPP.

Noting again Council’s obligations under section 101 of State Environmental Planning Policy (Infrastructure) 2007, RMS, in principle, would agree to the left turn only exit driveway subject to the following:

· The concrete median extend from the concrete island in Molong Road back, at least, 20 metres south of the proposed driveway.

· The concrete median is lit in accordance with AS1158.

· The left turn slip lane on Molong Rd fronting the land complies with Parts 4A and 4B of Austroads Guide to Road Design.

· Route standard 3.5 metre lane widths and the run out area adjoining the south bound travel lane on Molong Road are maintained.

· The driveway be designed for the largest vehicle required to access the development, and as much as possible, the driveway be designed to deter entry movements in and right turn movements out, whilst still providing a high level of safety for left turning vehicles exiting the site.

Please note the proposed driveway would require the prior concurrence of RMS (pursuant to section 138(2) of the Roads Act 1993). To obtain RMS concurrence, a design drawing of the driveway and median, in accordance with the above would be required.

#5 2017 Resolution

Council Resolution:

RESOLVED - 17/212 Cr R Turner/Cr S Munro

That Council defer consideration of development application DA 63/2017(1) for Child Care Centre at Lot 194 DP 1007290 - 36-40 Turner Crescent, Orange subject to a site inspection and consideration of a possible access off Molong Road.

Access of Molong Rd / Mitchell Highway was considered in 2017 and not pursued then.

#6 Actual Traffic Mitigated by 3hour Peaks

It was pointed out by an opponent to the development that the peak hour for a childcare is actually spread over three hours. This has the effect of mitigating the traffic impact. Given this, the peak vehicle counts estimated by the applicant’s consultant are conservatively high and the vehicle count per hour is actually lower.

Even still both Council’s Technical Services staff and the Traffic and Parking impact assessment, state that “The anticipated traffic volume increase is well within the existing road capacity and will not impact on pedestrian safety.”

#7 Complying application for access/egress off Turner Crescent

Australian Childcare Solutions appealed Council’s refusal of the 2017 DA in the Land and Environment Court (LEC). Proceedings were held between October and December 2017. The appeal was dismissed by the LEC on 21 December 2017 and the application determined by refusal. The following Final Remark is made on the Court Judgement:

A lower scale development would be more respective of residential character. I find that the proposed development pushes the site beyond its capacity. A less intense use… would potentially also have the effect of removing children and play equipment from the front setback, which would increase the development’s compatibility with the surrounding residential area. A smaller centre would meet the day to day needs of residents as contemplated by the objectives of the zoning. It would also allow for more generous parking arrangements, and result in an overall less intrusive and more compatible development.

A smaller, lower, less bulky building (or buildings) could be placed on the site so as to reduce visual and other amenity impacts, including traffic movements.

The applicant has put forward a lower scale development for Council’s consideration including a Traffic and Parking impact assessment.

Council’s Technical Services Division concur with the findings of the submitted Traffic and Parking Impact Assessment, and advise as follows:

· The existing road network has sufficient capacity to cater for the 2 identified AM and PM traffic peaks. The 90 degree bend in Turner Crescent at the entrance to the development has previously been identified as a traffic consideration.

· The anticipated traffic volume increase is well within the existing road capacity and will not impact on pedestrian safety. Existing speed humps are considered adequate ‘traffic calming’ devices.

· The carpark has sufficient parking spaces to meet Council’s DCP for both staff and peak time drop off/pick-ups. As such, there is not expected to be any overflow on-street parking. Technical Services staff have previously advised that the carpark requires parking spaces to suit a high turnover user Class 3A design.

· ‘No standing’ signs are not proposed as part of the line marking works in Turner Crescent.

· The following local traffic improvements are required and have been included as conditions of consent:

1. Line marking for Mastronardi Way.

2. A raised traffic island, road surfacing and line marking at the corner of Turner Crescent (entry to child care centre) to reduce the speed of vehicles entering the site and regulate traffic flows.

3. Amendments of the carpark dimensions, aisle widths and turn bay to suit user class 3A under AS 2890.1 are considered adequate to address high-turnover car park manoeuvring and minimise bottlenecks at peak drop off/pick up times.

4. A concrete footpath is to be constructed for the full frontage of the development to Turner Crescent (condition) to cater for pedestrian traffic to the centre.

Advice from Minister Toole

From: Paul Toole
Date: 3 October 2019 at 9:41:23 am AEST
To:
Subject: Childcare

Dear Mayor,

In relation to your inquiry I can confirm that I spoke with a resident of Turner Crescent about a Childcare development being proposed at Orange City Council.

I indicated that Council is the consent authority for this proposal and that it is a matter for Orange City Council.

I indicated that if Orange City Council wanted Roads and Maritime Services to look at a different point of access then that may happen if they were asked, but this was no guarantee that that would get approval onto another road (To date Roads and Maritime has not received a formal request from the consent authority pursuant to clause 101 of 2007 ISEPP to make comment).

Having spoken to Roads and Maritime Services it would seem unlikely for this to change.
Roads and Maritime have indicated their position has not changed from their response on 29 July 2019.

Therefore, this development application is a matter for Orange City Council to consider.

If you require any further information please contact Director for Western Region Alistair Lunn from Roads and Maritime Services.

Yours Sincerely

Paul Toole

Attachments

1 PDC 3 September 2019 - Report, D19/60016 ⇩

2 Notice of Approval, D19/50931 ⇩

3 Plans, D19/50991 ⇩

4 Submissions, D19/50783 ⇩

Council Meeting 22 October 2019

Attachment 2 Notice of Approval

ORANGE CITY COUNCIL

Development Application No DA 215/2019(1)

NA19/ Container PR17415

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

Development Application
Applicant Name:	Australian Childcare Solutions Pty Ltd
Applicant Address:	C/- HCC Planning 26 Riverglade Drive TAMAHERE, WAIKATO, NZ 3283
Owner’s Name:	Australian Childcare Solutions Pty Ltd
Land to Be Developed:	Lot 194 DP 1007290 - 36-40 Turner Crescent, Orange
Proposed Development:	Centre Based Child Care Facility

Building Code of Australia building classification:	Class to be determined by the PC

Determination made under Section 4.16
Made On:	3 September 2019
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	4 September 2019
Consent to Lapse On:	4 September 2024

Terms of Approval

The reasons for the imposition of conditions are:

(1) To ensure a quality urban design for the development which complements the surrounding environment.

(2) To maintain neighbourhood amenity and character.

(3) To ensure compliance with relevant statutory requirements.

(4) Because the development will require the provision of, or increase the demand for, public amenities and services.

(5) To ensure the utility services are available to the site and adequate for the development.

(6) To prevent the proposed development having a detrimental effect on adjoining land uses.

(7) To minimise the impact of development on the environment.

Conditions

(1) The development must be carried out in accordance with:

(a) Architectural Drawing Nos:

16004_DA1-100_F;16004_DA1-110_F;16004_DA1-120_F;16004_DA1-200_D;16004_DA1-210_D;16004_DA1-300_C;16004_DA1-500_B (7 sheets)

Landscape Design Intent by Larc Collective;LD1-L2 – 11 (Revision E) (10 sheets)

(b) statements of environmental effects or other similar associated documents that form part of the approval

as amended in accordance with any conditions of this consent.

PRESCRIBED CONDITIONS

(2) All building work must be carried out in accordance with the provisions of the Building Code of Australia.

(3) A sign is to be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

(a) showing the name, address and telephone number of the principal certifying authority for the work, and

(b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out.

(4) Where any excavation work on the site extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

(a) protect and support the adjoining premises from possible damage from the excavation, and

(b) where necessary, underpin the adjoining premises to prevent any such damage.

Note: This condition does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to this condition not applying.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(5) Compliance with the requirements of Education and Care Services National Regulations shall be demonstrated on the detailed construction drawings (including a compliance schedule format) submitted with the application for a construction certificate.

(6) An approval under Section 68 of the Local Government Act is to be sought from Orange City Council, as the Water and Sewer Authority, for alterations to water and sewer. No plumbing and drainage is to commence until approval is granted.

(7) Detailed plans and specifications are to be provided specifying the proposed fitout of the food preparation and storage areas in accordance with the requirements of Australian Standard 4674-2004 "Design and construction and fitout of food premises" and Standard 3.2.3 "Food Premises and Equipment" of the Australian New Zealand Food Standards Code.

(8) The applicant is to submit a waste management plan that describes the nature of wastes to be removed, the wastes to be recycled and the destination of all wastes. All wastes from the demolition and construction phases of this project are to be deposited at a licensed or approved waste disposal site.

(9) Engineering plans providing complete details of the proposed Turner Crescent traffic island, line marking and pavement resurfacing, Mastronardi Way line marking, childcare centre driveway and car-parking areas is to be submitted to Orange City Council upon application for a Construction Certificate. These plans are to provide details of levels, cross falls of all pavements, proposed sealing materials and proposed drainage works and be in accordance with the Orange City Council Development and Subdivision Code. The plans shall also include the following details:

· Turner Crescent raised traffic island generally as per McLaren Traffic Engineering plan on sheet 2 of 5 Annexure E from report 18532.01FC dated 16 April 2019 including construction details, line marking and signage. Centreline marking west of the traffic island shall terminate at the tangent point of the inside kerb of Turner Crescent;

· Mastronardi Way and Turner Crescent line marking details generally as per McLaren Traffic Engineering plan on sheet 4 of 5 Annexure E from report 18532.01FC dated 16 April 2019. Centreline marking shall be deleted from Turner Crescent;

· Carpark driveway entry / exit raised central splitter island including construction details, line marking and signage;

· A full width reseal in 30mm AC10 asphalt of Turner Crescent for the frontage of the development, as defined by the kerb tangent points located on the inside of the bend;

· Carpark layout generally as per drawing number 16004_DA1-100_F (dated 15/08/2019) with the following amendments:

o Parking spaces numbered 1 to 8 to be clearly identified by signage or line marking as ‘staff parking only’;

o Turning bay to be clearly identified by signage and line marking as ‘turning bay’;

o Turning bay to be widened to 3.6m by including 1.0m central aisle extension;

o Central aisle and parking spaces 17 to 32 to be constructed to dimensions specified for User Class 3A in figure 2.2 of AS 2890.1 (using 6.6m aisle width option).

(10) A water and soil erosion control plan is to be submitted to Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) for approval prior to the issuing of a Construction Certificate. The control plan is to be in accordance with the Orange City Council Development and Subdivision Code and the Landcom, Managing Urban Stormwater; Soils and Construction Handbook.

(11) The development’s stormwater design is to include stormwater detention within the development, designed to limit peak outflows from the land to the pre-existing natural outflows up to the 100 year ARI frequency, with sufficient allowance in overflow spillway design capacity to safely pass flows of lower frequency (that is, a rarer event) without damage to downstream developments. Where appropriate, the spillway design capacity is to be determined in accordance with the requirements of the Dam Safety Committee.

The design of the detention storage is to be undertaken using the DRAINS rainfall-runoff hydrologic model or an approved equivalent capable of assessing runoff volumes and their temporal distribution as well as peak flow rates. The model is to be used to calculate the flow rates for the existing and post-development conditions. The developed flows are to be routed through the proposed storage within the model so that the outflows obtained are no greater than the flows obtained for the pre-existing natural flows. A report detailing the results of the analysis, which includes:

· catchment plan showing sub-catchments under existing and developed conditions;

· schematic diagram of the catchment model showing sub areas and linkages;

· tabulation detailing the elevation, storage volume and discharge relationships; and

· tabulation for the range of frequencies analysed, the inflows, outflows and peak storage levels for both existing and developed conditions;

together with copies of the data files for the model and engineering design plans of the required drainage system are to be submitted to Orange City Council upon application for a Construction Certificate.

(12) The existing sewer manhole on the northern boundary is to be raised to the design finished surface level. Prior to a Construction Certificate being issued engineering plans for this work are to be submitted to and approved by Orange City Council.

(13) A Liquid Trade Waste Application is to be submitted to Orange City Council prior to the issuing of a Construction Certificate. The application is to be in accordance with Orange City Council’s Liquid Trade Waste Policy. Engineering plans submitted as part of the application are to show details of all proposed liquid trade waste pre-treatment systems and their connection to sewer.

Where applicable, the applicant is to enter into a Liquid Trade Waste Service Agreement with Orange City Council in accordance with the Orange City Council Liquid Trade Waste Policy.

(14) Payment of contributions for water, sewer and drainage works is required to be made at the contribution rate applicable at the time that the payment is made. The contributions are based on 4.64 ETs for water supply headworks and 8.40 ETs for sewerage headworks. A Certificate of Compliance, from Orange City Council in accordance with the Water Management Act 2000, will be issued upon payment of the contributions.

This Certificate of Compliance is to be submitted to the Principal Certifying Authority prior to the issuing of a Construction Certificate.

(15) A Road Opening Permit in accordance with Section 138 of the Roads Act 1993 must be approved by Council prior to a Construction Certificate being issued or any intrusive works being carried out within the public road or footpath reserve.

(16) Prior to the issue of the Construction Certificate an acoustic report is to be submitted to the Principal Certifying Authority and to Council, confirming the type and location of any mechanical plant proposed to be installed. The report shall confirm that the Leq15min noise level emitted from the cumulative noise impact of children playing indoors, mechanical plant and traffic on the site will not exceed 51 dB(A) at the assessment location. Where mitigation measures are required in order to achieve this noise goal, details of these measures are also to be provided within this report.

(17) Minimum 1.8 metre high solid fences are to be constructed along each of the boundaries of the external play areas to mitigate external traffic noise intrusion, as well as a minimum 1.8 metre high solid fence to be constructed along the western boundary of the proposed car parking area, as shown in Figure 6-1 of the Acoustic Assessment prepared by Wilkinson Murray (Report No. 18428 Version B) dated June 2019. Fences are to consist of standard lapped and capped timber, colorbond, or the like consistent in design with the approved plans. The existing 1.8 metre high fence located along boundary with 159 Molong is to be retained.

(18) Standard 4mm glazing is to be fitted to all external windows in order to control internal noise levels, as recommended in the Noise Control Summary (7.1) of the Acoustic Assessment prepared by Wilkinson Murray (Report No. 18428 Version B) dated June 2019. .

PRIOR TO WORKS COMMENCING

(19) Where existing fencing on the west and south boundaries of the site adjoining dwellings needs to be removed, or is of a type which does not ensure the occupants adequate privacy, new fencing of the type shown on the approved development application plans, or as referred to elsewhere in this Notice, shall be erected prior to any building or construction work being carried out upon this development.

(20) Soil erosion control measures shall be implemented on the site.

(21) A Construction Certificate application is required to be submitted to, and issued by Council/Accredited Certifier prior to any excavation or building works being carried out onsite.

(22) A temporary onsite toilet is to be provided and must remain throughout the project or until an alternative facility meeting Council’s requirements is available onsite.

DURING CONSTRUCTION/SITEWORKS

(23) All construction/demolition work on the site is to be carried out between the hours of 7.00 am and 6.00 pm Monday to Friday inclusive, 7.00 am to 5.00 pm Saturdays and 8.00 am to 5.00 pm Sundays and Public Holidays. Written approval must be obtained from the General Manager of Orange City Council to vary these hours.

(24) A Registered Surveyor’s certificate identifying the location of the building on the site must be submitted to the Principal Certifying Authority.

(25) All construction works are to be strictly in accordance with the Reduced Levels (RLs) as shown on the approved plans.

(26) All materials on site or being delivered to the site are to be contained within the site. The requirements of the Protection of the Environment Operations Act 1997 are to be complied with when placing/stockpiling loose material or when disposing of waste products or during any other activities likely to pollute drains or watercourses.

(27) The fit-out of the food preparation and storage areas are to be installed in accordance with the requirements of Food Safety Standard 3.2.3 "Food Premises and Equipment" of the Australian New Zealand Food Standards Code and Australian Standard 4674-2004 "Design and construction and fit-out of food premises".

(28) Any adjustments to existing utility services that are made necessary by this development proceeding are to be at the full cost of the developer.

(29) The provisions and requirements of the Orange City Council Development and Subdivision Code are to be applied to this application and all work constructed within the development is to be in accordance with that Code.

The developer is to be entirely responsible for the provision of water, sewerage and drainage facilities capable of servicing the development from Council’s existing infrastructure. The developer is to be responsible for gaining access over adjoining land for services where necessary and easements are to be created about all water, sewer and drainage mains within and outside the lots they serve.

(30) All driveway and parking areas are to be sealed with bitumen, hot mix or concrete and are to be designed for all expected loading conditions (provided however that the minimum pavement depth for gravel and flush seal roadways is 200mm) and be in accordance with the Orange City Council Development and Subdivision Code.

(31) A heavy-duty concrete kerb and gutter layback and footpath crossing is to be constructed in the position shown on the plan submitted with the Construction Certificate application. The works are to be carried out to the requirements of the Orange City Council Development and Subdivision Code and Road Opening Permit.

(32) A 1.2m wide concrete footpath is to be constructed for the full frontage of the development to Turner Crescent. The footpath is to be located and constructed in accordance with the Orange City Council Development and Subdivision Code.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

(33) Landscaping shall be installed in accordance with the approved plans and shall be permanently maintained to the satisfaction of Council's Manager City Presentation.

(34) Car parking spaces shall be provided upon the site in accordance with the approved plans and be constructed in accordance with the requirements of Council's Development and Subdivision Code prior to the issue of an Occupation Certificate.

(35) Perimeter fencing shall be provided in accordance with the approved plans and Acoustic Assessment (Wilkinson Murray Report No. 18428 June 2019) and as amended as follows:

· 1.8m high solid fencing (Colorbond or lapped and capped timber) to the south and west boundaries adjoining the existing dwellings.

· 1.8m high solid fencing (lapped and capped timber) to the part north boundary adjacent to the car park.

· 1.2m-1.5m high timber fencing atop retaining walls to the part north boundary adjacent the outdoor play area; and east boundary. The total height of the retaining wall and fencing to external play areas adjacent the roads shall be 1.8m.

The height of fencing shall be measured from the highest finished ground level adjacent to each part of that fence.

(36) No person is to use or occupy the building or alteration that is the subject of this approval without the prior issuing of an Occupation Certificate.

(37) The owner of the building/s must cause the Council to be given a Final Fire Safety Certificate on completion of the building in relation to essential fire or other safety measures included in the schedule attached to this approval.

(38) Where Orange City Council is not the Principal Certifying Authority, a final inspection of water connection, sewer and stormwater drainage shall be undertaken by Orange City Council and a Final Notice of Inspection issued, prior to the issue of either an interim or a final Occupation Certificate.

(39) The cut and fill is to be retained and/or adequately battered and stabilised (within the allotment) prior to the issue of an Occupation Certificate.

(40) A Certificate of Compliance, from a Qualified Engineer, stating that the stormwater detention basin complies with the approved engineering plans is to be submitted to the Principal Certifying Authority prior to the issuing of an Occupation Certificate.

(41) Certification from Orange City Council is required to be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate stating that all works relating to connection of the development to Council assets, works on public land, works on public roads, stormwater, sewer and water reticulation mains and footpaths have been carried out in accordance with the Orange City Council Development and Subdivision Code and the foregoing conditions, and that Council will take ownership of the infrastructure assets.

(42) A Road Opening Permit Certificate of Compliance is to be issued for the works by Council prior to any Occupation/Final Certificate being issued for the development.

(43) The proponent shall enter into a private service agreement with a waste contractor for the collection of garage, recycling and organic waste associated the proposed development. Details of the service agreement shall be provided to Council prior to issue of an Occupation Certificate.

(44) All of the foregoing conditions are to be at the full cost of the developer and to the requirements and standards of the Orange City Council Development and Subdivision Code, unless specifically stated otherwise. All work required by the foregoing conditions is to be completed prior to the issuing of an Occupation Certificate, unless stated otherwise.

MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT

(45) A separate development application shall be submitted to and approved by Council prior to the erection of any advertising structures or signs of a type that do not meet the exempt development provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

(46) Exterior lighting shall be sited and designed to comply with Australian Standard AS 4282-1997 Control of the obtrusive effects of outdoor lighting.

(47) The owner is required to provide to Council and to the NSW Fire Commissioner an Annual Fire Safety Statement in respect of the fire-safety measures, as required by Clause 177 of the Environmental Planning and Assessment Regulation 2000.

(48) Hours of operation of the childcare centre shall be between the hours of 7.00am and 6.00pm, Monday to Friday.

(49) The physical noise mitigation measures and operational management plans for the childcare centre shall be maintained for the duration of the development.

(50) The Leq.15min noise level emitted from the cumulative noise impact of mechanical plant and traffic on the site shall not exceed the background noise level by 51 dB(A) at the assessment location.

(51) The performance of the development in terms of noise, shall be verified through testing at adjoining neighbours within six (6) months of the occupation of the Centre. The applicant shall provide Council with a copy of the Verification Report and also certification that any additional mitigation works identified in the Report have been completed.

(52) Waste bins for the proposed development shall be placed in the onsite waste storage facility shown on the approved plans. These bins shall be screened from view at all times. Waste pickup from the site shall be in accordance with the approved private service agreement for the proposed development. Kerbside placement of bins in Turner Crescent is not permitted.

Other Approvals

(1) Local Government Act 1993 approvals granted under Section 68.

Nil

(2) General terms of other approvals integrated as part of this consent.

Nil

Right of Appeal

If you are dissatisfied with this decision, Section 8.7 of the Environmental Planning and Assessment Act 1979 gives you the right to appeal to the Land and Environment Court. Pursuant to Section 8.10, an applicant may only appeal within 6 months after the date the decision is notified.

*Disability Discrimination* Act 1992:	This application has been assessed in accordance with the Environmental Planning and Assessment Act 1979. No guarantee is given that the proposal complies with the Disability Discrimination Act 1992. The applicant/owner is responsible to ensure compliance with this and other anti-discrimination legislation. The Disability Discrimination Act covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which references AS1428.1 - "Design for Access and Mobility". AS1428 Parts 2, 3 and 4 provides the most comprehensive technical guidance under the Disability Discrimination Act currently available in Australia.

*Disclaimer - S88B of the Conveyancing Act 1919 -* Restrictions on the Use of Land:**	The applicant should note that there could be covenants in favour of persons other than Council restricting what may be built or done upon the subject land. The applicant is advised to check the position before commencing any work.

Signed:	On behalf of the consent authority ORANGE CITY COUNCIL
Signature:
Name:	PAUL JOHNSTON - MANAGER DEVELOPMENT ASSESSMENTS
Date:	4 September 2019

Council Meeting 22 October 2019

4.2 Notice of Motion - Mitchell Highway Public Reserve Rezoning

RECORD NUMBER: 2019/2222

I, CR Kevin Duffy wish to move the following Notice of Motion at the Council Meeting of 22 October 2019:

Motion

That Council:

1 Seek rezoning of Lot 196 DP 1007290 from Public Reserve to Operational Land;

2 Seek Mitchell Highway (Molong Road) Access on Lot 196 DP 1007290.

Background

Irrespective of the outcome of the rescission motion called for the Council Meeting of 22 October 2019.

Signed Cr Kevin Duffy

STAFF COMMENT

Council’s records indicate that the subject land was required by condition of consent under DA L337/98 (12 lot subdivision) to be dedicated as Public Open Space. The subdivision was released by Council in 1999 and the land transferred to Council shortly thereafter. Council’s records further indicate that the subject land is categorised as Community Land under the Local Government Act 1993 which places restrictions on the management, use and sale of the land.

In order to facilitate the possible sale of this land to an adjoining property owner it would be necessary to go through a process of re-classifying the land to Operational Land. If the intent of any decision to reclassify the land to operational is to enable the sale of the property to an adjoining property owner to facilitate a possible access it is suggested that the proposal should also involve the rezoning of the land to match the adjoining R2 Low Density Residential zoning.

In accordance with the requirements of both the Local Government Act 1993 and Environmental Planning and Assessment Act 1979, the process involved in changing the classification of the land may be carried out via an amendment to Orange LEP 2011. This typically involves a formal planning proposal that sets out the rationale and background of the site as well as responses to the applicable Ministerial Directions, various State policies and the Central West and Orana Regional Plan.

The planning proposal would then need to be sent to the Department of Planning Industry and Environment for a gateway determination. Once received, the conditions of that gateway then need to be processed, this will include consultation with relevant state agencies (usually for 21 – 28 days), public exhibition (28 days) and in the case of re-classifications a separate independently chaired public hearing held no earlier than 21 days after the close of the public exhibition period, inviting any submitters to attend and address the public hearing.

After the public hearing the independent chair would submit a report outlining what issues were raised and offering comments and advice from a planning perspective. This would be attached to a post exhibition report responding to the matters raised in submissions as well as agency concerns, which would be returned to Council for consideration. If Council then voted to proceed with the amendment the matter would be referred to the Department of Planning, Industry and Environment to finalise. It should be noted that Council will not receive delegations to make the plan in this case because any planning proposal that involves reclassification of a public reserve must be signed off by the Minister for Local Government.

Consequently, the first step in the process would be for Council to resolve to direct staff to prepare the formal planning proposal. This will entail researching the history of the public reserve in more detail, checking for covenants on the title and responding to Ministerial directions and associated criteria that will be needed before the proposal can be considered by the Departments gateway stage. The resolution should also clarify whether or not Council wish to review the planning proposal after it is drafted before being sent on to the gateway stage.

It should be noted that Clause 101 of State Environmental Planning Policy (Infrastructure) 2007 (ISEPP) requires that a consent authority must not grant consent to development on land that has frontage to a classified road unless it is satisfied that:

(a) where practicable and safe, vehicular access to the land is provided by a road other than the classified road, and

(b) the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as a result of:

(i) the design of the vehicular access to the land, or

(ii) the emission of smoke or dust from the development, or

(iii) the nature, volume or frequency of vehicles using the classified road to gain access to the land, and

The Mitchell Highway (HW7) is a classified road under the care and control of Roads and Maritime. From a highway safety and efficiency perspective, RMS have previously advised that it is desirable that direct vehicular access to/from private developments is obtained via the local road network, before connecting to the classified road network in a controlled and safe manner. In any event any access proposed at this location would require full endorsement by RMS.

Financial Implications

The work will require significant staff time.

POLICY AND GOVERNANCE IMPLICATIONS

Nil

Planning and Development Committee 22 October 2019

Attachment 1 PDC 1 October 2019 Minutes

ORANGE CITY COUNCIL

MINUTES OF THE

Planning and Development Committee

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

ON 1 October 2019

COMMENCING AT 7.24pm

1 Introduction

Attendance

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

APOLOGIES AND LEAVE OF ABSENCE

RESOLVED - 19/481 Cr K Duffy/Cr S Munro

That the apologies be accepted from Cr S Romano (Deputy Mayor), Cr J Hamling and Cr J McRae for the Planning and Development Committee of Orange City Council on 1 October 2019.

For: Unanimous

Against: Nil

Absent: Cr Romano, Cr McRae, Cr Hamling

1.1 DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS

Cr Taylor declared a Non-Significant Pecuniary interested in item 2.2 (DA 222/2019(1) – 10 William Street, as he undertook work at the property as a contractor, left the chamber and did not participate in discussion or voting on this item.

2 General Reports

2.1 Items Approved Under the Delegated Authority of Council

TRIM Reference: 2019/1855

RESOLVED - 19/482 Cr J Whitton/Cr S Nugent

That Council resolves to acknowledge the information provided in the report by the Manager Development Assessments on Items Approved Under the Delegated Authority of Council.

For: Unanimous

Against: Nil

Absent: Cr Romano, Cr McRae, Cr Hamling

Cr G Taylor left the meeting at 7:28pm.

2.2 Development Application DA 222/2019(1) - 10 William Street

TRIM Reference: 2019/2096

Cr Taylor declared a Non-Significant Pecuniary interested in this item, as he undertook work at the property as a contractor, left the chamber and did not participate in discussion or voting on this item.

RESOLVED - 19/483 Cr K Duffy/Cr R Kidd

That Council resolves to issue Notice of Approval to DA 222/2019(1) for Demolition (tree removal) at Lot 2 DP 714681 – 10 William Street, Orange in the form of the attached consent.

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

Cr G Taylor returned to the meeting at 7:36 pm.

MATTER ARISING

Cr Mileto requested that information be provided to Councillors on Council’s liability for damage from street trees.

2.3 Development Application - DA 247/2019(1) - 269-279 Summer Street - (Robertson Park public amenities building)

TRIM Reference: 2019/1908

RESOLVED - 19/484 Cr R Kidd/Cr S Nugent

That Council resolves to consent to development application DA 247/2019(1) for Recreation Area (public amenities building) at Lot 702 Pce C DP 1002273 - 269-279 Summer Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.

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

The Meeting Closed at 7:46PM

Services Policy Committee 22 October 2019

Attachment 6 SPC 1 October 2019 Minutes

ORANGE CITY COUNCIL

MINUTES OF THE

Services Policy Committee

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

ON 1 October 2019

COMMENCING AT 8.02pm

1 Introduction

Attendance

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

APOLOGIES AND LEAVE OF ABSENCE

RESOLVED - 19/492 Cr K Duffy/Cr S Munro

That the apologies be accepted from Cr S Romano (Deputy Mayor), Cr J Hamling and Cr J McRae for the Services Policy Committee of Orange City Council on 1 October 2019.

For: Unanimous

Against: Nil

Absent: Cr Romano, Cr McRae, Cr Hamling

1.1 DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS

Nil

2 Committee Minutes

2.1 Minutes of the Community Safety and Crime Prevention Committee – 26 August 2019

TRIM Reference: 2019/1995

RESOLVED - 19/493 Cr K Duffy/Cr S Nugent

1 That Council acknowledge the reports presented to the Community Safety and Crime Prevention Committee at its meeting of 26 August 2019;

2 That Council resolve recommendation 3.1 from the minutes of the Community Safety and Crime Prevention Committee meeting of 26 August 2019 being:

3.1 That the information on the Central West Police District Report be noted.

3 That the remainder of the minutes of the Community Safety and Crime Prevention Committee Meeting of 26 August 2019 be adopted.

For: Unanimous

Against: Nil

Absent: Cr Romano, Cr McRae, Cr Hamling

2.2 Minutes of the Ageing and Access Community Committee - 28 August 2019

TRIM Reference: 2019/2031

RESOLVED - 19/494 Cr S Nugent/Cr K Duffy

1 That Council acknowledge the reports presented to the Ageing and Access Community Committee at its meeting held on 28 August 2019.

2 That Council resolve recommendations 3.1, 3.2, 3.3 and 3.4 from the minutes of the Ageing and Access Community Committee meeting of 28 August 2019.

3.1 (1) That the Orange City Council investigate the footpath locations identified in the email received from Ms M Hayhow on 5 August 2019.

(2) That the issue of Property Access be included on the agenda for the next meeting of the Ageing and Access Community Committee to be held on
27 November 2019.

3.2 (1) That the Aged Forum Action Plan be reviewed and updated.

(2) That the Aged Forum Action Plan be merged into the Ageing and Access Community Committee Action Plan.

3.3 That the Ageing and Access Community Committee Action Plan be reviewed and updated.

3.4 That the Quorum of the Ageing and Access Community Committee Charter be amended to require at least four community members and one Councillor.

3 That the remainder of the minutes of the Ageing and Access Community Committee at its meeting held on 28 August 2019 be adopted.

For: Unanimous

Against: Nil

Absent: Cr Romano, Cr McRae, Cr Hamling

2.3 Minutes of the NAIDOC Week Community Committee - 5 September 2019

TRIM Reference: 2019/2012

RESOLVED - 19/495 Cr K Duffy/Cr J Whitton

That Council resolves:

1 To acknowledge the reports presented to the NAIDOC Week Community Committee at its meeting of 5 September 2019.

2 The remainder of the minutes and recommendations made by the NAIDOC Week Community Committee at its meeting held on 5 September 2019 be adopted.

For: Unanimous

Against: Nil

Absent: Cr Romano, Cr McRae, Cr Hamling
THe Meeting Closed at 8.20PM

Council Meeting 22 October 2019

Attachment 1 Overdue Resolutions from Council Meetings

OUTSTANDING QUESTIONS TAKEN ON NOTICE/MATTERS ARISING FROM COUNCIL MEETINGS

Date of Meeting	Meeting	Questions on Notice/Matters Arising	Action Taken	Completed
1-Oct-19	CCL	MATTER ARISING Cr Mileto requested that information be provided to Councillors on Council’s liability for damage from street trees.	A request has been sent to our insurer for written information for distribution to Councillors.
17-Sep-19	CCL	MATTER ARISING Cr Duffy requested a report be brought to Council identifying the mechanisms available to address suitable locations in Orange for development of social housing.	Research into this matter required to consider options that take into account environmental and socio-economic factors. Expected to be progressed into the next quarter.
3-Sep-19	CCL	MATTER ARISING Cr Munro requested a report be provided to Council providing a framework for a potential meeting between Councillors and local developers, builders and other interested parties to discuss opportunities in local developments.	Notice of Motion listed for Council Meeting of 22 October 2019.
6-Aug-19	PDC	Cr Duffy requested a report be provided to Council regarding 62 Byng Street and Highland Heritage on the differences in Court determined DA costs versus original costs as well as the costs incurred from hearing the matters in Court.	Ongoing.
2-Jul-19	IPC	QUESTIONS TAKEN ON NOTICE Cr Taylor requested information be provided regarding the ability to dredge or de-silt the city’s water supply dams and re-visit the use of Lucknow mine water as an emergency water supply.	Information to be provided.
4-Jun-19	EEDPC	QUESTIONS TAKEN ON NOTICE Cr Nugent requested an update on the enquiries for staff exchange with Timaru District Council.	Contact has been made with the Timaru CEO. Teleconference to be held on 22 October 2019.
4-Jun-19	EEDPC	QUESTIONS TAKEN ON NOTICE Cr Kidd requested an update on the current status of relationships and activities with the Sister Cities and also on any visits planned in the future.	Updates on the Sister Cities, including visits planned, were included in the Sisters Cities Community Committee meeting on 25 July 2019. As there was no quorum at that meeting, these updates could not be put to Council via the Employment and Economic Development Policy Committee. A report on these requested updates and a review of Sister Cities will be given directly to Council in November 2019.
7-May-19	CCL	MATTER ARISING FROM FUNDING REQUEST FOR SHOW SOCIETY Crs Duffy and Taylor requested a report be presented to Council on the support provided by Council in previous years to the Orange Showground Society for the provision of stables and also addressing the usage of the new showground pavilion.	Report to be provided to November Council meeting.
5-Mar-19	ESPC	MATTER ARISING Cr Nugent requested a report be brought back to Council on examples of how other Councils protect trees and in particular the use of tree bonds.	That a further report be provided to Council.

OUTSTANDING RESOLUTIONS FROM COUNCIL MEETINGS

Date of Meeting	Meeting	Resolution	Action Taken	Completed
1-Oct-19	CCL	6.2 SHIRALEE ROAD LAND ACQUISITION TRIM REFERENCE: 2019/1699 RESOLVED - 19/505 Cr S Nugent/Cr K Duffy 1 That Council acquire approximately 72 m2 of Lot 85 DP 750401 under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991 for road upgrade. 2 That the Chief Executive Officer be authorised to finalise the acquisition. 3 That upon acquisition, Council classify this land as Operational Land in accordance with the Local Government Act, and dedicates the road as road reserve. 4 That permission be granted for the use of the Council Seal on any document if required.	Survey plan is being prepared. Document is currently being signed off.
1-Oct-19	CCL	6.1 ASPHALT PLANT ORANGE TRIM REFERENCE: 2019/1947 RESOLVED - 19/504 Cr K Duffy/Cr S Munro 1 That the report by the Manager of Corporate and Community Relations be acknowledged. 2 That Council continues to support the establishment of an asphalt plant in Orange when opportunities arise. 3 That discussion take place between the Chief Executive Officer, Director Technical Services, Cr R Kidd and Cr J Whitton.	Meeting to be scheduled.
1-Oct-19	CCL	5.3 REQUEST TO ENTER INTO NEW PARKING AGREEMENT AT ORANGE CENTRAL SQUARE TRIM REFERENCE: 2019/1890 RESOLVED - 19/502 Cr R Turner/Cr S Munro 1 That Council resolve to support the proposal to enter into a new parking agreement with Orange Central Square on the basis of a three-hour patrol and that the Chief Executive Officer be authorised to negotiate the finer details of the parking agreement with the owners or Manager of Orange Central Square at 227-237 Summer Street, Orange under Section 650(6) of the Local Government Act 1993 and on the terms of this report and to implement such parking agreement so that it is at full cost recovery and satisfactory to Council. 2 That permission be granted to affix the Council Seal on all relevant documents.	New agreement to be arranged.
1-Oct-19	CCL	4.2 NOTICE OF MOTION - AQUATIC CENTRE ADMISSION - HEALTH RELATED PASS TRIM REFERENCE: 2019/2038 RESOLVED - 19/499 Cr R Kidd/Cr S Nugent That Orange City Council investigate a support program to accommodate disadvantaged persons that need to access the Aquatic Centre for health and rehabilitation purposes.	Report to be provided to Council.
17-Sep-19	CCL	5.11 GOSLING CREEK RESERVE PLAN OF MANAGEMENT TRIM REFERENCE: 2019/1944 RESOLVED - 19/473 Cr S Romano/Cr K Duffy That Council resolve to forward the amended draft Gosling Creek Reserve Plan of Management and comments received during the public exhibition period to the Minister for Lands and Forestry for approval and adoption.	Plan of Management sent to Minister Pavey MP for approval.
17-Sep-19	CCL	5.13 2020 LOCAL GOVERNMENT ELECTION TRIM REFERENCE: 2019/2027 RESOLVED - 19/475 Cr K Duffy/Cr S Nugent That Council resolves: 1 That Pursuant to s.296(2), (3) and (5A) of the Local Government Act 1993 (NSW) (“the Act”) that an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council. 2 That pursuant to s.296(2), (3) and (5A) of the Act, as applied and modified by s.18, that a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council. 3 That pursuant to s.296(2), (3) and (5A) of the Act, as applied and modified by s.18, that a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council. 4 That permission be granted for the use of the Council Seal on all relevant documents.	Letter, with this resolution about the administration of Council's 2020 Local Government Elections, sent to the NSW Electoral Commission on 27 September 2019 (D19/58757 in F3154). Still waiting for the contract.
17-Sep-19	CCL	6.1 ACCEPTANCE OF TENDER FOR CBD UNDER AWNING WHITEWAY LIGHTING TRIM REFERENCE: 2019/1858 RESOLVED - 19/477 Cr S Nugent/Cr J Whitton That Council resolves to: 1 Accept the coloured lighting tender from Large Industries Pty Ltd as for Separable portions Design, 3, 4 and 6 at a cost of $1,719,372.66. 2 Grant permission to the Chief Executive Officer or nominee to do such things as may be necessary or convenient to give effect to this decision, including affixing the Council Seal to all relevant documents if required.	Contracts being prepared.
3-Sep-19	CCL	5.5 2019-2020 ASSET MANAGEMENT STRATEGY TRIM REFERENCE: 2019/1688 RESOLVED - 19/450 Cr T Mileto/Cr S Munro That Council resolves to: 1 Note the body of the report – 2019-2020 Asset Management Strategy; 2 Change its budget process timeline as to allow a relevant Asset Management Strategy to be presented to Council when adopting future Delivery and Operational Plans; 3 Adopt the intervention levels shown within Table 5.1 of the Asset Management Strategy as a committed level of service to the community for the 2019/2020 financial year; and 4 Hold an “Asset Management 101” workshop for each and every new Council within three months of being elected.	1. COMPLETE 2. Currently being worked on 3. COMPLETE 4. Currently being worked on
3-Sep-19	PDC	2.7 DRAFT PLANNING AND DEVELOPMENT: COMMUNITY PARTICIPATION PLAN TRIM REFERENCE: 2019/1789 RESOLVED - 19/431 Cr J McRae/Cr M Previtera That Council resolves: 1 To amend Development Control Plan 2004 (Chapter 5) by removing provisions for exhibition of development applications, and reference instead the Planning and Development: Community Participation Plan 2019. 2 To update the attachment to ST024 being the Declaration of Planning and Development Assessment Procedures and Protocols from Version 4 to Version 5. 3 To update ST024 to ensure the Policy references the correct attachment (being Version 5 attachment). 4 To update delegations in accordance with Version 5 of the attachment to Declaration of Planning and Development Assessment Procedures and Protocols. 5 To place the draft Planning and Development: Community Participation Plan 2019, the draft Version 5 attachment to ST024, and draft amendment to Development Control Plan 2004 (Chapter 5) on public exhibition for a period of 28 days.	1. On exhibition 13 Sept to 11 Oct. 2. On exhibition 13 Sept to 11 Oct. 3. To be completed following exhibition of other documentation. 4. Alter delegations in line with exhibited attachment associated with 2. above. 5. On exhibition 13 Sept to 11 Oct (28 days).
3-Sep-19	IPC	2.1 MINUTES OF THE CITY OF ORANGE TRAFFIC COMMITTEE MEETING - 13 AUGUST 2019 TRIM REFERENCE: 2019/1767 RESOLVED - 19/435 Cr R Kidd/Cr M Previtera That Council resolves: 1 To acknowledge the reports presented to the City of Orange Traffic Committee at its meeting of 13 August 2019. 2 Recommendations 3.1 to 3.12 from the minutes of the City of Orange Traffic Committee meeting of 13 August 2019 being: 3.1 That the untimed parking on McNamara Street, between Moulder Street and Kite Street, be changed to a two hour limit zone pursuant to the specifications in the attached report; 3.2 That a Loading Zone be created outside 167-177 Peisley Street just south of the entrance to the public car park, pursuant to specifications outlined in the attached report; 3.3 That a new pole and sign combination be installed outside 223 Peisley Street just north of the exit from the car park to define the end point of the No Stopping zone for the pedestrian refuge; 3.4 1 That Council defers a decision on the conditional approval for the Santa Arrival event on 30 November 2019 pending further discussion with the applicant. 2 That Council seeks preliminary comment from Roads & Maritime Services;	Currently being worked on.
3-Sep-19	IPC	3.2 WATER MAIN CONDITION ASSESSMENT REGIONAL CONTRACT TRIM REFERENCE: 2019/1610 RESOLVED - 19/437 Cr S Nugent/Cr S Munro 1 That Council agrees to participate in a regional contract for water main condition assessment for selected trial sites; and 2 That Council advises Central NSW Joint Organisation of its decision.	Currently being worked on.
20-Aug-19	CCL	5.6 ORANGE LEP AMENDMENT 17 - POST EXHIBITION REPORT TRIM REFERENCE: 2019/1511 RESOLVED - 19/412 Cr G Taylor/Cr J Whitton 1 That Council note the contents of this report and the submissions received from both the public and government agencies. 2 That Council advise the proponents of in-principle support for the LEP amendment subject to: I. The matter being deferred to allow the preparation, exhibition and adoption of a contributions plan in relation to the horse and rider underpass and separation fencing. II. The conceptual master plan being amended to provide separation fencing from the underpass to the Ring Road Arc in the west and the intersection of James Road and Pinnacle Road in the east. 3 That Council resolve to prepare an amendment to the Development Contributions Plan so as to ensure that the financial costs associated with the horse and rider underpass and associated separation fencing be at full cost to developers within the proposed Equine Precinct area. 4 That when prepared the Development Contributions Plan be placed on public exhibition for 28 days. 5 That the draft DCP provisions be amended as follows: I. The minimum setback for stables in section 6.13.4 be changed to 20m, other than for secondary road frontages which is to be changed to 10m. II. The minimum stables setback in section 6.13.4 be required to include a 5m wide landscaped area along the boundary comprising trees that mature to between 4 – 8 metres planted densely and protected from grazing during establishment. III. The maximum stocking rate for horses in section 6.13.3 be changed to 1 horse per 4,000m2 IV. The minimum paddock size for each horse in section 6.13.6 be changed to 3,000m2 6 That upon successful completion of the contributions plan, DCP and concept plan amendments the matter be reported back to Council for finalisation.	Have advised the proponents of the resolution and sought information to enable work on the contribution plan to proceed.
2-Apr-19	CCL	4.1 NOTICE OF MOTION - AWNING - MAX HAZELTON AERO CENTRE TRIM REFERENCE 2019/608 RESOLVED - 19/219 Cr S Romano/Cr M Previtera That Council resolves to approve: 1 the provision of assistance to the Orange Aero Club by applying for the DA and constructing an airside awning to the Max Hazelton Aero Centre patient transfer room.	DA exempt. Work starting soon.

Council Meeting 22 October 2019

Attachment 2 Completed Resolutions from Council Meetings (including Questions Taken on Notice etc) - Summary

COMPLETED

REGISTER – QUESTIONS ON NOTICE & MATTERS ARISING

As at 10 September 2019

Date of Meeting	Meeting	QUESTIONS ON NOTICE/MATTERS ARISING	Action Taken/Comment	STATUS
17 Sep 2019	CCL	Cr Taylor requested Councillors be provided with an update on the upgrading of line marking for disabled carparks in Orange.	Funds have been committed. Works to take place in warmer weather due to the amount of linemarking required on each site.
17 Sep 2019	CCL	Crs Taylor and Duffy requested a report be provided to Council on the policy framework for issuing parking infringements and detailing the numbers and breakdown of penalty notices issued in Orange and the basis of the fine.	Report listed for 22 October Council meeting. COMPLETE
3 Sep 2019	CCL	MATTER ARISING Cr Munro requested a report be provided to Council providing a framework for a potential meeting between Councillors and local developers, builders and other interested parties to discuss opportunities in local developments.	A report will be issued to Councillors by October 2019 on a suggested framework for this potential meeting. A Notice of Motion from Cr Scott Munro is going to the Council meeting on 22 October 2019.
3 Sep 2019	PDC	MATTER ARISING (36-40 Turner Cres - Child Care Facility) Cr Munro requested information be provided to Councillors on potential steps that could be taken to address residents' traffic concerns, including consideration of whether or not Turner Crescent could be made a one-way street.	Incorporated in correspondence to Councillors around Rescission Motion.
25 Jun 2019	CCL	Cr Whitton requested an update on timing of the report on hotmix as per resolution 18/348 (page 66 of the business paper).	Reported to Council meeting of 1 October 2019. COMPLETE

COMPLETED

REGISTER – RESOLUTIONS & NOTICES OF MOTION

Date of Meeting	Meeting	Resolution	Action Taken/Comment	STATUS
1 Oct 2019	PDC	2.3 DEVELOPMENT APPLICATION - DA 247/2019(1) - 269-279 SUMMER STREET - (ROBERTSON PARK PUBLIC AMENITIES BUILDING) TRIM REFERENCE: 2019/1908 RESOLVED - 19/484 Cr R Kidd/Cr S Nugent That Council resolves to consent to development application DA 247/2019(1) for Recreation Area (public amenities building) at Lot 702 Pce C DP 1002273 - 269-279 Summer Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.	Consent issued. COMPLETE
1 Oct 2019	PDC	2.2 DEVELOPMENT APPLICATION DA 222/2019(1) - 10 WILLIAM STREET TRIM REFERENCE: 2019/2096 RESOLVED - 19/483 Cr K Duffy/Cr R Kidd That Council resolves to issue Notice of Approval to DA 222/2019(1) for Demolition (tree removal) at Lot 2 DP 714681 – 10 William Street, Orange in the form of the attached consent.	Consent issued. COMPLETE
1 Oct 2019	FPC	2.1 REQUEST FOR FINANCIAL ASSISTANCE - AUSTRALIAN NATIONAL FIELD DAYS 2019 - STREET SWEEPER TRIM REFERENCE: 2019/2029 RESOLVED - 19/497 Cr S Nugent/Cr S Munro The Council resolves: 1 To approve an “in kind” donation in the form of street sweeping services to a value of $712 exclusive of GST to Australian National Field Days 2019 event.	Letter sent to ANFD 14 October 2019. COMPLETE
1 Oct 2019	SPC	2.2 MINUTES OF THE AGEING AND ACCESS COMMUNITY COMMITTEE – 28 AUGUST 2019 TRIM REFERENCE: 2019/2031 RESOLVED - 19/494 Cr S Nugent/Cr K Duffy 1 That Council acknowledge the reports presented to the Ageing and Access Community Committee at its meeting held on 28 August 2019. 2 That Council resolve recommendations 3.1, 3.2, 3.3 and 3.4 from the minutes of the Ageing and Access Community Committee meeting of 28 August 2019. 3.1 (1) That the Orange City Council investigate the footpath locations identified in the email received from Ms M Hayhow on 5 August 2019. (2) That the issue of Property Access be included on the agenda for the next meeting of the Ageing and Access Community Committee to be held on 27 November 2019. 3.2 (1) That the Aged Forum Action Plan be reviewed and updated. (2) That the Aged Forum Action Plan be merged into the Ageing and Access Community Committee Action Plan. 3.3 That the Ageing and Access Community Committee Action Plan be reviewed and updated. 3.4 That the Quorum of the Ageing and Access Community Committee Charter be amended to require at least four community members and one Councillor. 3 That the remainder of the minutes of the Ageing and Access Community Committee at its meeting held on 28 August 2019 be adopted.	3.1 (1) Ms M Hayhow and the Committee have been informed of the following update: It has been noted that the soil back fill around the newly reconstructed footpath in Kite Street has settled and requires a top up. Council staff have scheduled these works. As previously discussed with the committee, major works are required to bring the road shoulder and footpath areas in the vicinity of Service NSW. The planned upgrades to the CBD and surrounds should address the road and footpath conditions and also formalise and bring up to current standards, accessible parking throughout the CBD. Finally, Council has an ongoing program of footpath replacement and removes shallow tree roots where it is considered that the stability of the tree will not be compromised. Council has a program of highlighting trip hazards on its hard paved footpaths with paint to assist the public in identifying and where possible avoiding the hazard. 3.1 (2) Property Access included on the agenda for the meeting to be held on 27 November 2019. 3.2 (1) Aged Forum Action Plan updated. 3.2 (2) Aged Forum Action Plan has been included into the Ageing and Access Community Committee Action Plan. 3.3 Ageing and Access Community Committee Action Plan has been updated. 3.4 The Quorum of the Ageing and Access Community Committee Charter has been updated to read Minimum of four community members and at least one Councillor.
1 Oct 2019	SPC	2.3 MINUTES OF THE NAIDOC WEEK COMMUNITY COMMITTEE - 5 SEPTEMBER 2019 TRIM REFERENCE: 2019/2012 RESOLVED - 19/495 Cr K Duffy/Cr J Whitton That Council resolves: 1 To acknowledge the reports presented to the NAIDOC Week Community Committee at its meeting of 5 September 2019. 2 The remainder of the minutes and recommendations made by the NAIDOC Week Community Committee at its meeting held on 5 September 2019 be adopted.	Minutes noted and resolutions actioned. COMPLETE
1 Oct 2019	SPC	2.1 MINUTES OF THE COMMUNITY SAFETY AND CRIME PREVENTION COMMITTEE – 26 AUGUST 2019 TRIM REFERENCE: 2019/1995 RESOLVED - 19/493 Cr K Duffy/Cr S Nugent 1 That Council acknowledge the reports presented to the Community Safety and Crime Prevention Committee at its meeting of 26 August 2019; 2 That Council resolve recommendation 3.1 from the minutes of the Community Safety and Crime Prevention Committee meeting of 26 August 2019 being: 3.1 That the information on the Central West Police District Report be noted. 3 That the remainder of the minutes of the Community Safety and Crime Prevention Committee Meeting of 26 August 2019 be adopted.	Minutes noted and resolutions actioned. COMPLETE
1 Oct 2019	IPC	2.1 MINUTES OF THE AIRPORT COMMUNITY COMMITTEE MEETING - 28 AUGUST 2019 TRIM REFERENCE: 2019/1889 RESOLVED - 19/488 Cr T Mileto/Cr S Nugent That Council resolves to acknowledge the reports presented to the Airport Community Committee at its meeting of 28 August 2019.	No action required. COMPLETE
1 Oct 2019	ESPC	2.1 MINUTES OF THE PARKS, TREES AND WATERWAYS COMMUNITY COMMITTEE HELD ON 21 AUGUST 2019 TRIM REFERENCE: 2019/1931 RESOLVED - 19/491 Cr R Kidd/Cr S Nugent 1 That Council acknowledge the reports presented to the Parks, Trees and Waterways Community Committee at its meeting held on 21 August 2019. 2 That Council resolve recommendations 3.1 and 4.1 and note 4.2 from the minutes of the Parks, Trees and Waterways Community Committee meeting of 21 August 2019. 3.1 Resignation of Matthew Chisholm 1 That the Parks, Trees and Waterways Community Committee accept the resignation of Matthew Chisholm. 4.1 Parks, Trees and Waterways Community Committee Action Plan 1 That the Parks, Trees and Waterways Community Committee Action Plan be reviewed and priorities determined. 4.2 City Entrance Sign Concept 1 That the Committee does not support the current design. (Whilst the Parks, Trees and Waterways Committee acknowledge the uniqueness of the design, the Community Committee does not support the current design, as there are varying opinions on the colour and busyness of the concept and purpose of the sign ie “Welcome to Orange”, in a location at the intersection of the Mitchell Highway and Northern Distributor Road.) 2 That the Parks, Trees and Waterways Community Committee acknowledged that the style of sign produced could be used at locations such as the Visitor Information Centre. 3 That the remainder of the minutes of the Parks, Trees and Waterways Community Committee at its meeting held on 21 August 2019 be adopted. 4 That a Workshop be held with Councillors to review the design concept and provide feedback to staff.	Minutes noted and resolutions actioned including the progression of concept for the Welcome to Orange sign at the intersection of the Mitchell Highway and Northern Distributor and the review of the design concept providing feedback to staff.
1 Oct 2019	EEDPC	2.1 MINUTES OF THE ECONOMIC DEVELOPMENT COMMUNITY COMMITTEE HELD 11 SEPTEMBER 2019 TRIM REFERENCE: 2019/2011 RESOLVED - 19/486 Cr S Nugent/Cr R Kidd That Council resolves to acknowledge and adopt the reports presented to the Economic Development Community Committee at its meeting held on 11 September 2019.	Resolutions actioned.
1 Oct 2019	CCL	5.1 CHANGE OF COUNCIL MEETING DATES TRIM REFERENCE: 2019/2134 RESOLVED - 19/500 Cr S Nugent/Cr K Duffy 1 That the Council Meeting scheduled for Tuesday 15 October 2019 be held on Tuesday 22 October 2019 at 7.00pm. 2 That the Council and Policy Committee meetings scheduled for Tuesday 5 November 2019 be held on Thursday 7 November 2019 commencing at 7.00 pm.	Council meetings have been rescheduled to 22 October 2019 and 7 November 2019 in the infocouncil software. COMPLETE
1 Oct 2019	CCL	4.1 RESCISSION MOTION - DA 215/2019(1) - 36-40 TURNER CRESCENT, ORANGE TRIM REFERENCE: 2019/1952 RESOLVED - 19/498 Cr S Nugent/Cr R Turner That Council defer the rescission motion to allow discussion with the Minister to take place.	Item was deferred to Extraordinary Council Meeting held on 8 October 2019. COMPLETE
1 Oct 2019	CCL	5.2 NATIONAL LOCAL ROADS AND TRANSPORT CONGRESS 2019 TRIM REFERENCE: 2019/2039 RESOLVED - 19/501 Cr S Nugent/Cr M Previtera That Council resolves Cr K Duffy and Cr R Kidd attend the National Local Roads and Transport Congress to be held in Hahndorf, South Australia on 18-20 November 2019.	Crs Kidd and Duffy have been requested to put a case to the CEO for justification to attend, as per Council's strategic policy ST020 Councillors - Payment of Expenses and Provision of Facilities.
17 Sep 2019	CCL	2.1 CENTRAL NSW JOINT ORGANISATION MEETING AND CENTROC BOARD MEETING - 22 AUGUST 2019 - BOARD REPORT TRIM REFERENCE: 2019/1892 RESOLVED - 19/458 Cr S Nugent/Cr J McRae That the information contained in this Mayoral Minute be acknowledged and that: 1 Council note the advice regarding the Big Ideas Workshop to be held in Bathurst on Thursday 26 September 2019. 2 Council engage with the Rural Doctors network regarding Rural Health Pro.	This matter is in progress and will go forward through the Economic Development Community Committee.
17 Sep 19	CCL	4.1 RESCISSION MOTION - DA 141/2019(1) - LOT 78 LANTANA PLACE, ORANGE TRIM REFERENCE: 2019/1951 RESOLVED - 19/464 Cr K Duffy/Cr G Taylor That Council rescind the following resolution of the Planning and Development Committee Meeting of 3 September 2019. 2.2 Development Application DA 141/2019(1) - Lot 78 Lantana Place TRIM Reference: 2019/1787 RESOLVED - 19/426 Cr S Nugent/Cr T Mileto That Council resolves to consent to development application DA 141/2019(1) for Multi Dwelling Housing (10 dwellings) at Lot 78 DP 1172183 - Lantana Place, Orange pursuant to the conditions of consent in the attached Notice of Approval. And replace it with the following resolution: That Council resolves to refuse development application DA 141/2019(1) for Multi Dwelling Housing (10 dwellings) at Lot 78 DP 1172183 - Lantana Place, Orange on grounds of social, economic and traffic impacts and in the public interest.	Refusal notice issued.
17 Sep 19	CCL	5.1 ELECTION OF DEPUTY MAYOR TRIM REFERENCE: 2019/1937 RESOLVED - 19/460 Cr S Munro/Cr S Romano That Council resolves: 1 That Council elect a Deputy Mayor for the 2019 to 2020 period. 2 That the method of voting for the election of Deputy Mayor be ordinary ballot. 3 That the Chief Executive Officer, acting as the Returning Officer, conduct the election for the Deputy Mayor. Cr Romano elected as Deputy Mayor.	COMPLETE
17 Sep 19	CCL	5.2 POLICY COMMITTEES OF COUNCIL RESOLVED - 19/461 Cr T Mileto/Cr S Munro That Council resolves to adopt: 1 The Policy Committee Structure set out in Attachment 1 to this Agenda; and 2 That the method of voting for the election of Policy Committee Chairs be by ordinary ballot; and 3 That the Chief Executive Officer, acting as Returning Officer, conduct the election for the Policy Committee Chairs. Elected as follows: PDC - Cr Turner EEDPC - Cr Mileto IPC - Cr Whitton SRPC - Cr Hamling ESPC - Cr Previtera FPC - Cr McRae SPC - Cr Munro	COMPLETE
17 Sep 19	CCL	5.3 DATES FOR MEETINGS OF COUNCIL TRIM REFERENCE: 2019/1939 RESOLVED - 19/465 Cr S Nugent/Cr T Mileto That Council approves as follows: 1 The meeting schedule as set out in the Code of Meeting Practice; and 2 An Ordinary Meeting of Council be held on the first Tuesday of the month at 7pm; and 3 Ordinary Policy Committees (being the Planning and Development Committee, Employment and Economic Development Policy Committee, Infrastructure Policy Committee, Sport and Recreation Policy Committee, Environmental Sustainability Policy Committee, Finance Policy Committee, Services Policy Committee) be held on the first Tuesday of each month as part of a Council Meeting to commence at 7pm; and 4 An Open Forum is held at the first and/or second meeting of each month subject to requirement; and 5 An Ordinary Council Meeting be held on the third Tuesday of each month commencing at 7pm; and 6 Councillor Workshops/Briefings be held on the second Tuesday of each month if required, commencing at 6pm.	COMPLETE
17 Sep 19	CCL	5.8 STRONGER COUNTRY COMMUNITIES ROUND 3 TRIM REFERENCE: 2019/1899 RESOLVED - 19/470 Cr S Munro/Cr S Nugent That Council resolves the following projects are to be submitted in order to the Stronger Country Communities Fund Round 3: 1 New toilet in three local parks. 2 Extra footpaths. 3 ANZAC Park netball courts. 4 Supported Housing for youth. 5 Bicycle education park. 6 Orange Youth Hub	Grant Applications submitted Friday 27 August 2019. Complete.
17 Sep 19	CCL	5.10 REQUESTS FOR FINANCIAL ASSISTANCE - QUARTER 2 OF 2019/20 GENERAL DONATIONS - CORRECTION OF MISSING RESOLUTION TRIM REFERENCE: 2019/1945 RESOLVED - 19/472 Cr S Nugent/Cr T Mileto The Council resolves: 1 That a donation of $2,000.00 be made from the General Donations Program to Come Together Choir (Purchase of Uniforms).	Applicant contacted on Wednesday, 18 September 2019. E-mail with resolution number sent to applicant on 23 September 2019 (D19/57128). Payment details sent to Creditors on 23 September 2019. COMPLETE
17 Sep 2019	CCL	5.12 DEVELOPMENT APPLICATION DA 222/2019(1) - 10 WILLIAM STREET TRIM REFERENCE: 2019/1946 RESOLVED - 19/474 Cr K Duffy/Cr S Munro That Council staff bring back to the Council within 14 days a notice of approval to development application DA 222/2019(1) for Demolition (tree removal) at Lot 2 Sec C DP 714681 - 10 William Street, Orange.	Item approved by Council at its meeting held on 1 October 2019.
17 Sep 2019	CCL	6.2 CROWN LAND NEGOTIATION TRIM REFERENCE: 2019/1634 RESOLVED - 19/478 Cr R Kidd/Cr G Taylor That Council resolves to defer this item.	Report listed for Council Meeting 7 November 2019.
3 Sep 2019	CCL	5.4 STRATEGIC POLICY REVIEW TRIM REFERENCE: 2019/1768 RESOLVED - 19/449 Cr S Nugent/Cr R Turner That Council resolves to: 1 Place the following draft Strategic Policy on public exhibition for a minimum of 28 days: • ST134 – Vehicle Access – Orange Airport • ST039 – Gifts and Benefits	These policies were put on public exhibition for 28 days. No submissions were received. They are in a report to the Council meeting on 22 October 2019 for adoption. COMPLETE
3 Sep 19	PDC	2.4 DEVELOPMENT APPLICATION DA 42/2018(3) - 167-177 PEISLEY STREET AND 185-187 PEISLEY STREET, ORANGE (ALDI FOODS PTY LTD) TRIM REFERENCE: 2019/1534 RESOLVED - 19/428 Cr S Munro/Cr T Mileto That Council prepare a Notice of Refusal for DA 42/2018(2) for Shop (alterations and additions to existing building) at Lot 500 DP 1033145 - 167-177 Peisley Street, and Lot 96 DP 1190941 – 185-187 Peisley Street, Orange for the following reasons: 1 The proposed link would result in the loss of two car parking spaces within the existing Aldi carpark, causing potential adverse impacts on the surrounding on-street parking and public car parking availability; and 2 The proposed carpark link would adversely impact on the traffic flow in an already congested Aldi carpark; and 3 The proposed carpark link would adversely impact on the traffic flow in an already congested Council public carpark; and 4 The proposed carpark link would adversely impact on the availability of parking in an already congested Council public carpark; and 5 The proposed link would provide no economic benefit to Council; and 6 The development is not in the public interest	Notice of Refusal issued. COMPLETE
3 Sep 19	PDC	2.5 DEVELOPMENT APPLICATION - DA 81/2019(1) - 111 CLINTON STREET TRIM REFERENCE: 2019/1692 RESOLVED - 19/429 Cr M Previtera/Cr J McRae That Council resolves to consent to development application DA 81/2019(1) for Demolition of Garage, Carport, and Swimming Pool; Partial demolition and replacement of western portion of existing Dwelling House; Partial demolition and replacement of boundary fencing; New detached Garage (ground floor) with Secondary Dwelling (first floor) at Lot 1 DP 196341 - 111 Clinton Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.	Resolution actioned. COMPLETE
3 Sep 2019	PDC	2.6 PLANNING PROPOSAL TO REZONE 1 LEEWOOD DRIVE FROM IN1 GENERAL INDUSTRIAL TO B6 ENTERPRISE CORRIDOR TRIM REFERENCE: 2019/1783 RESOLVED - 19/430 Cr R Kidd/Cr T Mileto 1 That Council advise the proponent that rezoning the land to B6 Enterprise Corridor is not supported on the grounds that residential accommodation and tourist and visitor accommodation at 1 Leewood Drive creates an unreasonable potential for land use conflicts with the adjoining industrial estate. 2 That Council support a revised planning proposal in relation to 1 Leewood Drive being sent to the Department of Planning, Industry and Environment for a Gateway Determination, subject to the following: • The subject land is to remain IN1 General Industrial zone. • An Additional Permitted Use (APU) listing be drafted for inclusion in schedule 1 in relation to 1 Leewood Drive. • The APU listing is to enable as permissible development: Office Premises; Business Premises; Community Facilities; Plant nurseries; Rural supplies; Take away food and drink premises, and Highway Service Centres. 3 That Council advise the proponent that subsequent development of 1 Leewood Drive may be required to contribute towards a pedestrian crossing facility commensurate with the type and scale of development proposed and that, in addition to any relevant gateway conditions, a suitable arrangement must be agreed prior to formal public exhibition being undertaken. Such agreement shall as a minimum encompass: • Design and construction work • Timing • Costs and apportionment • Appropriate funding mechanism	Have advised the proponents of the resolution and sought acknowledgement of the required amendments to the proposal, and invited proponent to commence discussions in relation to the pedestrian crossing facility.
20 Aug 2019	CCL	6.2 SUPPLY OF COAGULANT CHEMICAL TO ICELY ROAD WATER TREATMENT PLANT TRIM REFERENCE: 2019/1423 RESOLVED - 19/420 Cr R Turner/Cr S Munro That Council resolves: 1 That the tender for aluminium chlorohydrate be awarded to IXOM Operations Pty Ltd for supply and delivery of the product PAC23 at the submitted price of $679.00 per tonne (excluding GST) for a two year period from the time of contract execution, with the option to extend the contract for one additional year subject to performance. 2 That permission be granted for the use of the Council Seal on any relevant document if required.	Contracts have been sent to IXOM for signing and exchange.
16 Jul 2019	CCL	6.4 LEASE OF HANGAR W ORANGE AIRPORT TRIM Reference: 2019/1275 RESOLVED - 19/375 Cr J Whitton/Cr J McRae That Council resolves: 1 That Council enter into a lease of Hangar W for a term of 15 years. 2 That approval be granted for the use of the Council Seal on all relevant documents.	Lease signed on 10 October 2019. COMPLETE
6 Aug 19	PDC	2.2 CALCULATING THE GENUINE ESTIMATED COST OF DEVELOPMENT TRIM REFERENCE: 2019/1609 RESOLVED - 19/381 Cr K Duffy/Cr M Previtera That Council resolve to implement a requirement within the Development Application process that whereby applicants must justify the genuine estimated cost of development using the following: 1 For development up to $500,000, the estimated cost be estimated by the applicant or a suitably qualified person (such as a licenced builder, architect, accredited building designer, registered quantity surveyor, or a licenced person with suitable experience), with the methodology used to calculate that cost submitted with the DA. 2 For development between $500,000 and $3 million, a suitably qualified person (such as a licenced builder, architect, accredited building designer, registered quantity surveyor) should prepare the cost estimate and submit it, along with the methodology, with the DA. 3 For development more than $3 million, a detailed cost report prepared by a registered quantity surveyor verifying the cost of the development should be submitted with the DA.	Standard procedures for lodgement of DA's updated to include cost estimate reviews in accordance with the resolution.
7 Aug 2018	CCL	4.1 NOTICE OF MOTION - UPDATE ON HOT MIX PLANT TRIM REFERENCE: 2018/1874 RESOLVED - 18/348 Cr J Whitton/Cr J Hamling That Council staff provide prepare a business case for the establishment of an Asphalt Hot Mix Plant in Orange exploring options for both the local and surrounding areas.	Reported to Council meeting of 1 October 2019 COMPLETE

Council Meeting 22 October 2019

5.3 Statement of Investments - September 2019

TRIM REFERENCE: 2019/2237

AUTHOR: Julie Murray, Financial Accountant

EXECUTIVE SUMMARY

The purpose of this report is to provide a statement of Council’s investments held as at 30 September 2019.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “17.2 Collaborate - Ensure financial stability and support efficient ongoing operation”.

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

That Council resolves:

1 To note the Statement of Investments as at 30 September 2019.

2 To adopt the certification of the Responsible Accounting Officer.

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

Section 212(1) of the Local Government (General) Regulation 2005 requires that a written report be presented each month at an Ordinary Meeting of the Council detailing all money that Council has invested under Section 625 of the Local Government Act 1993.

As at 30 September 2019, the investments held by Council in each fund is shown below:

	30/09/2019	31/08/2019
General Fund	65,522,079.31	64,632,835.14
Water Fund	53,720,182.31	51,264,293.44
Sewer Fund	48,225,213.41	46,925,059.53

Total Funds	167,467,475.03	162,822,188.11

A reconciliation of Council’s investment portfolio provides a summary of the purposes for which Council’s investments are being held. The summary is as follows:

Externally Restricted	30/09/2019	31/08/2019
General Fund	28,684,889.03	28,049,527.84
Water Fund	53,720,182.31	51,264,213.44
Sewer Fund	48,225,213.41	46,925,059.53
Auspiced	1,805,885.06	1,805,885.06
Internally Restricted	15,623,635.83	15,010,489.81
Unrestricted	19,407,669.39	19,766,932.43
Total Funds	$167,467,475.03	$162,822,188.11

The unrestricted cash position movements during the month are normal as projects commence and income is received. Movements may also arise following processing of income received between funds or into restricted assets to appropriately allocate for the purposes Council has determined.

Portfolio Advice

Council utilises the services of an independent investment advisor in maintaining its portfolio of investments. Council’s current investment advisor is Imperium Markets, an independent asset consultant that works with wholesale investors to develop, implement and manage their investment portfolio. Imperium Markets is a leading provider of independent investment consulting services to a broad range of institutional investors including government agencies, superannuation funds and not-for-profit organisations.

Imperium Markets major services provided to Council include:

· Quarterly portfolio summary reports

· Advice on investment opportunities, in particular Floating Rate Note products

· Advice on policy construction

· Year-end market values for Floating Note Rate products held by Council.

Portfolio Performance

Council’s current Long Term Financial Plan establishes the benchmark for Council’s interest on investments at “75 basis points above the current cash rate”. The cash rate as at 30 September 2019 had remained at 1.0 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 2.21 per cent which continues to exceed Council’s benchmark i.e. the cash rate of 1.0 per cent plus 0.75 per cent (or 75 basis points).

Council has also utilised the AusBond Bank Bill Index to provide a further benchmark focused towards long term investments. As at 30 September 2019, the AusBond rate was 1.74 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 2.21 per cent.

Council’s Investment Policy establishes limits in relation to the maturity terms of Council’s investments as well as the credit ratings of the institutions with whom Council can invest.

The following tables provide a dissection of Council’s investment portfolio as required by the Policy. The Policy identifies the maximum amount that can be held in a variety of investment products or with institutions based on their respective credit ratings.

Table 1 shows the percentage held by Council (holdings) and the additional amount that Council could hold (capacity) for each term to maturity allocation in accordance with limits established by Council’s Policy.

Table 1: Maturity – Term Limits

Term to Maturity Allocation	Maximum	Holding	Remaining Capacity
0 - 3 Months	100.00%	29.54%	70.46%
3 - 12 Months	100.00%	43.27%	56.73%
1 - 2 Years	70.00%	11.64%	58.36%
2 - 5 Years	50.00%	15.55%	34.45%
5+ Years	25.00%	0.00%	25.00%

Table 2 shows the total amount held, and the weighted average interest rate (or return on investment), by credit rating. The credit rating is an independent opinion of the capability and willingness of a financial institution to repay its debts, or in other words, the providers’ financial strength or creditworthiness. The rating is typically calculated as the likelihood of a failure occurring over a given period, with the higher rating (AAA) being superior due to having a lower chance of default. However, it is generally accepted that this lower risk will be accompanied by a lower return on investment.

Table 2 demonstrates that Council receives a lower return for its A rated and above investments than for those with ratings of B or less. The level of money held in the bank accounts has been added to the table to illustrate the ability of Council to cover the operational liabilities that typically occur (for example payroll, materials and contracts, utilities).

Table 2: Credit Rating Limits

Credit Rating	Maximum	Holding	Remaining Capacity	Value	Return on Investment
Bank Accounts	100.00%	7.89%	92.11%	$13,213,860.03	1.00%
AAA	100.00%	0.00%	100.00%	N/A	N/A
AA	100.00%	41.21%	58.79%	$69,006,160.00	2.27%
A	60.00%	15.38%	44.62%	$25,750,000.00	2.08%
BBB & NR	40.00%	35.53%	4.47%	$59,497,455.00	2.53%
Below BBB	0.00%	0.00%	0.00%	N/A	N/A

AMP Bank was downgraded by Standard and Poor’s from A to BBB during August, thereby pushing the holdings of BBB rated products over the maximum capacity. This situation continues to be monitored and will be addressed over time, by transferring across to A rated counterparties as the investments fall due.

Certification by Responsible Accounting Officer

I, Jason Cooke, hereby certify that all investments have been made in accordance with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy.

Council Meeting 22 October 2019

5.4 Request for Financial Assistance - Round 1 of 2019/2020 - Event Sponsorship Program

RECORD NUMBER: 2019/2221

AUTHOR: Sharon D'Elboux, Manager Business Development

EXECUTIVE Summary

Council can only assist other organisations financially (in cash or in kind) in accordance with section 356 of the Local Government Act 1993.

Council has in place a policy for donations to be made under section 356 of the Act and annually advertises for applications under this policy. Additional applications are received during the year. This report provides the most recently received requests for event sponsorship funding under the current policy titled Donations and Grants.

Round 1 of the new Event Sponsorship Program has closed. The following report is a summary of applications received.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “11.2 Prosper - Develop and attract a variety of events, festivals, venues and activities for locals and visitors, ensuring accessibility for all”.

Financial Implications

Event Sponsorship Program funding budget for 2019/20 is $100,000. Of this $26,500 has been allocated, under the former Major Promotions - event funding category.

Process for applications of the remaining budget allocation

A Council resolution is required to allocate funds to any external entity.

Applications are considered against the criteria outlined in the donations and grants policies. There is an application form that is submitted to commence the process of making a submission. The form contains details to inform Council that the funding request aligns with the intentions the Council has established in the Community Strategic Plan.

Policy and Governance Implications

Nil

Recommendation

The Council resolves:

1 That funding of $1,000.00 be made from the Regional Enterprise Development – Skills and Training Program Fund to the Creative Bootcamp Workshop (event promotion).

2 That 3^rd Orange Scout Camp not be funded.

3 That funding of $1,437.00 be made from the Regional Enterprise Development – Skills and Training Program Fund to the Orange Jobs expo and Try A Trade Day 2019 (Council venue hirer).

4 That funding of $1,393.95 be made from the Event Sponsorship Program Fund to the Orange Campdraft and Rodeo Inc (Council venue hirer, water carting).

5 That Orange City Bowling Club not be funded.

6 That funding of $3,500.00 be made from the Event Sponsorship Program Fund to the Gnoo Blas Classic Car Club (event promotion).

7 That funding of $2,255.00 be made from the Event Sponsorship Program Fund to the Desi Aussies of Orange (Council venue hirer, event promotion).

8 That funding of $5,000.00 be made from the Event Sponsorship Program Fund to the FOOD Week Inc (event promotion).

9 That funding of $1,000.00 be made from the Event Sponsorship Program Fund to the Allegri Singers (event promotion).

10 That funding of $3,500.00 be made from the Event Sponsorship Program Fund to the Bicycle Network Inc (event promotion).

11 Place the proposed allocation of funds to Jumbled who is a business acting for profit on public exhibition for a minimum of 28 days (in accordance with section 356 of the Local Government Act 1993).

further considerations

SUPPORTING INFORMATION

As per the Events Sponsorship Program Policy, the following categories exist:

1. Incubator Event Fund - provides seed funding to events in their first or second year of activity. Total annual funding pool available for Incubator Event Funds is $20,000;

2. Flagship Event Fund - identifies and assists the development of events that contribute to the unique character and culture of the Orange360 tourism region and can demonstrate that they attract overnight visitation. Total annual funding pool available for Flagship Event Funds is $30,000;

3. Event Development Fund - supports events that have already received funding from Council in previous years and can present a comprehensive strategy for future growth that includes the continued development of its tourism potential to drive overnight visitation to the event. Total annual funding pool available for Event Development Funds is $30,000;

4. Quick Response Event Fund - provides seed funding and or support to events that occur as a new and unplanned opportunity for Orange and have not met the funding rounds as outlined below. Total annual funding pool available for Quick Response Event Funds is $20,000.

5. Sporting Event Program - there is no application round for the Sporting Event Program. The program is designed to attract large multi-day sporting events that bring a substantial visitor population. Council works directly with national and regional sporting bodies and local clubs, to develop this program.

Summary

Council has received 11 applications for event sponsorship program funding. The categories are:

Category: Incubator Event Fund – funding range of $1,000 to $5,000
Applicant	Event Name	$Request	Recommended
Jumbled	Creative Business Bootcamp	Not listed	$1,000.00
3^rd Orange Scout Group	3^rd Orange Scout Group Open Day	Not listed	$0

Category: Flagship Event Fund – funding range of $1,000 to $10,000
Applicant	Event Name	$Request	Recommended
Training Services NSW – Western Region	Orange Jobs Expo & Try A Trade 2019	$1437.00 To cover the costs of Orange Function Centre user hire	$1,437.00
Orange Campdraft and Rodeo Inc	Orange Campdraft 2019	To cover the cost of hiring Councils Water Cart for 3 days and Orange Showground Hire	$1,393.95
Orange City Bowling Club	City of Orange Golden Eagle	Not listed	$0
Gnoo Blas Classic Car Club	Gnoo Blas Classic Car Show 2020	$7,000	$3,500.00
Desi Aussies of Orange	UTSAV 2019	Not listed	$2,255.00
Bicycle Network Inc	Newcrest Riding Challenge	$15,000	$3,500.00

Category: Event Development Fund – funding range of $1,000 to $10,000
Applicant	Event Name	$Request	Recommended
Food Week Inc	2020 Food Week Festival	$30,000	$5,000.00

Category: Quick Response Event Fund – funding range of $1,000 to $20,000
Applicant	Event Name	$Request	Recommended
	Day On The Green	$20,000	This request is being considered as a separate report
Allegri Singers	Performance of the great choral work “The Armed Man” by Sir Karl Jenkins	$3,500	$1,000.00

A summary of each event application is below:

Category: Incubator Event Fund – funding range of $1,000 to $5,000

Applicant	Jumbled
Not for Profit	No
Event Name	Creative Business Bootcamp
Event Date/s	22 March 2020 (encouraging people to visit Orange360 region before and after the event date)
Level of Participation	480 people
Ticketed Event	Yes @ $250/person
Amount Requested	Not listed
Alignment with Councils Community Strategic Plan and Orange360 Strategic Direction		Yes – for business development. This type of event is excluded from the Events Sponsorship Program guidelines.
Comment and Recommendation In alignment with the policy covering business development. $1000 recommended. To be funded from Regional Enterprise Development - Skills and Training Project budget.

Applicant	3^rd Orange Scout Group
Not for Profit	Yes
Event Name	3^rd Orange Scout Group Open Day
Event Date/s	20 October 2019
Level of Participation	400 people
Ticketed Event	Unsure
Amount Requested	Not listed
Alignment with Councils Community Strategic Plan and Orange360 Strategic Direction		No
Comment and Recommendation Does not fit the Incubator Event Fund criteria. Local event only. Encouraged to reapply if a regional or national event. $0 recommended.

Category: Flagship Event Fund – funding range of $1,000 to $10,000

Applicant	Training Services NSW – Western Region
Not for Profit	yes
Event Name	Orange Jobs Expo and Try A Trade 2019
Event Date/s	13 November 2019
Level of Participation	500 people
Ticketed Event	No
Amount Requested	Not listed
Alignment with Councils Community Strategic Plan and Orange360 Strategic Direction		Yes
Comment and Recommendation In alignment with the policy. $1,437.00 recommended. To be funded from Regional Enterprise Development - Skills and Training Project budget.

Applicant	Orange Campdraft and Rodeo Inc
Not for Profit	Yes
Event Name	Orange Campdraft 2019
Event Date/s	15 November 2019
Level of Participation	250 people
Ticketed Event	Yes – unsure of ticket price
Amount Requested	Funding for hire of showground and water cart
Alignment with Councils Community Strategic Plan and Orange360 Strategic Direction		Yes
Comment and Recommendation In alignment with the policy. $1,393.95 recommended (Up to $1,000 to cart water and $393.95 to hire the showground).

Applicant	Orange City Bowling Club
Not for Profit	Yes
Event Name	City of Orange Golden Eagle
Event Date/s	17 February 2020
Level of Participation	84 people
Ticketed Event	Playing fees
Amount Requested	Not listed
Alignment with Councils Community Strategic Plan and Orange360 Strategic Direction		Yes
Comment and Recommendation Sporting trips, subsidies and sponsorships are not eligible for funding under the Event Sponsorship Program. As the application does not list what the funding is to be used for, Council is unable to allocate any funding. Request applicant reapplies with the required information.

Applicant	Gnoo Blas Classic Car Club
Not for Profit	Yes
Event Name	Gnoo Blas Classic Car Show
Event Date/s	15 February 2020
Level of Participation	Over 5,500 people
Ticketed Event	Various events are ticketed or free
Amount Requested	$7,000
Alignment with Councils Community Strategic Plan and Orange360 Strategic Direction		Yes
Comment and Recommendation In alignment with the policy. $3,500.00 recommended.

Applicant	Desi Aussies of Orange
Not for Profit	Yes
Event Name	UTSAV 2019
Event Date/s	9 November 2019 at Orange Function Centre
Level of Participation	500 people
Ticketed Event	Yes – last event was $25/person
Amount Requested	Not listed
Alignment with Councils Community Strategic Plan and Orange360 Strategic Direction		Yes
Comment and Recommendation In alignment with the policy. $2,255.00 recommended. (Includes Orange Function Centre hirer fee is $1255.00 and $1,000.00 for marketing).

Applicant	Bicycle Network Inc
Not for Profit	Yes
Event Name	Newcrest Orange Challenge
Event Date/s	21 & 22 March 2020
Level of Participation	Over 5,000 people, with 1,500 participants
Ticketed Event	Registration fees apply
Amount Requested	$15,000
Alignment with Councils Community Strategic Plan and Orange360 Strategic Direction		Yes
Comment and Recommendation In alignment with the policy. $3,500.00 recommended. NOTE: Application received prior to new online application had been installed on Council website. Council staff agreed to accept this application as is.

Category: Event Development Fund – funding range of $1,000 to $10,000

Applicant	FOOD Week Inc
Not for Profit	Yes
Event Name	2020 FOOD Week Festival
Event Date/s	27 March 2020 (duration of event is from 27 March to 5 April 2020)
Level of Participation	30,000 people (total festival attendance)
Ticketed Event	Yes – various events are ticketed and some are free to attend (purchases made by individuals discretion)
Amount Requested	$30,000
Alignment with Councils Community Strategic Plan and Orange360 Strategic Direction		Yes
Comment and Recommendation In alignment with the policy. $5,000.00 recommended.

Category: Quick Response Event Fund – funding range of $1,000 to $20,000

Applicant	Allegri Singers
Not for Profit	Yes
Event Name	Performance of the great choral work “The Armed Man” by Sir Karl Jenkins
Event Date/s	3 November 2019
Level of Participation	300 people
Ticketed Event	Yes
Amount Requested	$3,500
Alignment with Councils Community Strategic Plan and Orange360 Strategic Direction		Yes
Comment and Recommendation In alignment with the policy. $1,000.00 recommended.

Round 2 is now open covering events occurring from 1 April to 30 June 2020.

Attachments

1 Event Sponsorship Program - Round 1 2019-2020 - Applicant Jumbled, D19/60289 ⇩

2 Event Sponsorship Program - Round 1 2019-2020 - Applicant 3rd Orange Scout Group, D19/60297 ⇩

3 Event Sponsorship Program - Round 1 2019-2020 - Training Services NSW - Western Region, D19/60292 ⇩

4 Event Sponsorship Program - Round 1 2019-2020 - Applicant Orange Campdraft and Rodeo Inc, D19/60293 ⇩

5 Event Sponsorship Program - Round 1 2019-2020 - Applicant Orange City Bowling Club, D19/60294 ⇩

6 Event Sponsorship Program - Round 1 2019-2020 - Applicant Gnoo Blas Classic Car Club, D19/60291 ⇩

7 Event Sponsorship Program - Round 1 2019-2020 - Applicant Desi Aussies Of Orange, D19/60290 ⇩

8 Event Sponsorship Program - Round 1 2019-2020 - Applicant Food Week Inc, D19/60295 ⇩

9 Event Sponsorship Program - Round 1 2019-2020 - Applicant Allegri Singers, D19/60296 ⇩

10 Event Sponsorship - Application 61 - Bicycle Network, D19/60578 ⇩

11 Events Sponsorship Program Guidelines 2019-2020 and 2020-2021, D19/35770 ⇩

Council Meeting 22 October 2019

5.5 A Day on the Green

RECORD NUMBER: 2019/2175

AUTHOR: Nick Redmond, Manager Corporate and Community Relations

EXECUTIVE Summary

Council has been in discussions with Roundhouse Entertainment, A Day on the Green, to establish an event in the Orange Region.

A Day on the Green undertook site inspections of vineyards in the Orange and Cabonne LGAs and settled on Heifer Station on the Escort Way as the location that could best meet the needs of the event.

While Heifer Station is located in the Cabonne LGA, it is anticipated most visiting audience members will stay in Orange. There will also be benefits for the hospitality and accommodation sectors in Cabonne.

This report seeks a Council resolution to exhibit the funding proposed and seek community feedback on the matter.

Link To Delivery/OPerational Plan

Financial Implications

Council funding for the event is recommended at $60,000 (over three years) which would secure the event for a minimum of three years.

Initially the 2019/20 budget included $80,000 for Evocities. In June when Council resolved to discontinue with the Evocities program, the report noted that funds could be used to support inwards tourism/relocator opportunities including support for A Day on the Green.

The discontinuation of the Evocities program increased the projected operational surplus.

It is proposed that year one of the agreement would be funded through the following:

· $20,000 from the operational surplus mentioned above reducing it by $20,000

· $20,000 from the Major Events Sponsorship

Years two and three would be funded from the Major Events Sponsorship at $10,000 annually.

Policy and Governance Implications

Under Section 356 of the Local Government Act 1993:

(1) A council may, in accordance with a resolution of the council, contribute money or otherwise grant financial assistance to persons for the purpose of exercising its functions.

(2) A proposed recipient who acts for private gain is not ineligible to be granted financial assistance but must not receive any benefit under this section until at least 28 days' public notice of the council's proposal to pass the necessary resolution has been given.

Recommendation

That Council exhibit for 28 days the intention to provide funding to Roundhouse Entertainment for the Heifer Station A Day on the Green to support the event and site establishment as follows:

· Year 1 2019/20 - $40,000

· Year 2 2020/21 - $10,000

· Year 3 2021/22 - $10,000

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	Following the announcement of the date the initiative has received strong community support on social media platforms.

SUPPORTING INFORMATION

The event could attract in the order of 8,000 audience members. The 2020 were announced earlier this month being Cold Chisel, Birds of Tokyo and Magic Dirt.

The event could inject approximately $1.6 million into the local economy.

The estimate break up of attendees and of spend is as follows:

· 2,000 Orange locals = $0 net addition to the economy

· 3,500 day trippers (from outside LGA) @ $140 = $490,000

· 2,500 overnight @ $467 per trip = $1,167,500

Total draw into the economy = $1,657,500

The data is from Tourism Research Australia Local Government Area Profiles supplied by Destination NSW.

The above split between locals, day trippers and overnight stays is conservative in nature and puts overnight stays at approximately 30 per cent. Based on surveys undertaken by Roundhouse Entertainment (see attached), overnight stays were 47 per cent (Hunter Valley) and 64 per cent (Mudgee).

A Day on the Green site requirements included the following:

· Concert space for up to 10,000 patrons

· 2 to 2.5 hectares of stage viewing area clear of trees with low canopies

· Land featuring an amphitheatre effect, preferred but not essential.

· Area should be pretty with views of vineyards and or rolling hills, trees etc.

· The area where the stage sits needs to be relatively level

· Overall area of approx. 7 > 10 hectares would be needed for parking, drop off and bus parking.

· Venue needs to be close to a sealed 2 way road.

· The bump in and bump out of the event involves semi-trailers so the roadways leading into the venue and to the concert area should be able to accommodate larger vehicles.

· Preference is for wineries/vineyards that have an existing cellar door.

· Also having existing buildings onsite that can be utilised for artist rooms and artist catering is preferred.

To give a sense of the scale of the event, below is drone shot of the Peter Lehman A Day on the Green in the Barossa.

To meet the above mentioned needs of A Day on the Green, a significant amount of works is required at Heifer Station. Quotes in the order $160,000 have been obtained by Heifer Station and assessed by Council staff.

Initially the intention of the negotiations between Council and A Day on the Green that settled on the in principle agreement of $60,000 was around ensuring the event was secured for Orange and provided seed funding to ensure its success.

Given the relatively high cost of establishing the site, A Day on the Green has agreed that the funding can be allocated to site establishment and support at Heifer Station.

Heifer Station is also investigating a staged approach to the works in that not all the $160,000 maybe needed in year one. While the funding agreement proposed is with Roundhouse Entertainment to ensure the three year term, the funding will support work undertaken by Heifer Station.

The intention of front loading $40,000 of the $60,000 in year 1 is to ensure an appropriate level of amenity and safety is supported in the first year of the event in the Orange region.

Heifer Station also has an application before Cabonne Council seeking support.

Orange City Council and Heifer Station has also sought funding support from Destination NSW (DNSW).

All available funds offered via the DNSW Regional Tourism Program had been committed in 2018/19, and any new funding programs for the 2019/20 financial year and beyond are yet to be confirmed.

Funding opportunities through DNSW will be reconsidered. In the absence of such DNSW support the matter of Council support may need to be revisited for years two and three.

Attachments

1 Roundhouse Entertainment data, D19/60251 ⇩

Council Meeting 22 October 2019

5.9 Parking Enforcement

RECORD NUMBER: 2019/2260

AUTHOR: Paul Johnston, Manager Development Assessments

EXECUTIVE Summary

Council, at its meeting of 19 October 2019, requested a report be provided on the policy framework for issuing parking infringements which includes detail on the numbers and breakdown of the type of penalty notices issued in Orange.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “9.1 Preserve - Construct and maintain a road network meets the community’s transport and infrastructure needs”.

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

That Council acknowledge the report by the Manager Development Assessments.

further considerations

SUPPORTING INFORMATION

Council has a duty to ensure compliance with the parking rules specified by the Council. The internal procedures and structures that have been put in place to assist staff in adjudicating on matters in relation to parking have been designed to achieve the fair and equitable use of available parking resources within the City.

Key objectives of managing carparking within the City is to support the commercial operations within the CBD by ensuring adequate and accessible parking is available to all customers; to provide safe environment for road users; carpark users; pedestrians; particularly for school children the elderly and disabled.

Each and every parking infringement issued includes photographic evidence which is reviewed daily by a supervisor to ensure consistency and compliance with expected standards/performance. Where a dispute arises over the circumstances in which the Notice has been issued, there are formal mechanisms in place to allow a review. To ensure objectivity, Council engages Revenue NSW on a commercial basis to adjudicate in the majority of queries or disputes.

When a dispute remains outstanding following review by Revenue NSW, the matter is escalated and a further review undertaken by the Manager of Development Assessments if it is deemed necessary. As with any infringement, Court adjudication is also a final option.

The graph below provides a summary of the top eight infringements issued within the City.

A complete detailed summary of the number and type of infringements issued by Council’s parking enforcement officers over the past 13 months is attached at Appendix 1. A total of 8270 infringement notices were issued during this period. It is important to note the following:

1 Council employs 4 parking enforcement officers. Based on the total number of infringements issued, this represents an average of 9 infringements being issued by each officer each day or just over 1 fine per officer, per hour.

2 The largest count of penalty infringement notices by offence was for vehicles detected staying over the time allowed. Records indicate that 2822 infringements were issued for breaches for overstaying the allocated time within car parks within the City including those parking areas for which Council has been contracted to manage on behalf of the property owners (e.g. City Centre, Summer Centre, Kmart and Central carparks). Records further indicate that 2314 penalty infringement notices were issued for overstaying the allocated time within the local streets (generally the CBD area).

Council records further indicate that 115 penalty infringement notices were cancelled before data was uploaded to Revenue NSW for these types of offences. This is usually due to the driver returning to the vehicle whilst staff were preparing the penalty infringement notices and where it was decided that a warning notice was adequate rather than issuing a formal infringement notice.

The collection percentage of penalty infringement notices for this offence (uploaded to Revenue) was 98%. The most usual reasons cited for the 2% of these matters being written-off include such issues as mechanical break-down of the vehicle, or a medical emergency where sufficient evidence is provided by the driver.

3 School Zone offences accounted for 8.3% of total penalties issued (count of 690). This figure under-represents the frequency of offences, as School Zones commenced in March this year following requests from some schools. This program commenced with staff being high visibility and only warnings were issued in the first month, as the intent was to raise awareness of parking provisions in the interest of child safety. Officers have engaged with the principals of the various schools and encouraged them to include information about parking enforcement in and around the schools within their newsletters. Significant media coverage was obtained around the commencement of this program.

The 3 most common offences in School Zones are:

i. Disobey No Stopping sign - 310

ii. Stop in Bus Zone - 187

iii. Disobey No Parking sign - 118

The graph below shows a breakdown of offences in and around school zones.

Council staff have observed an improvement in driver behaviour during this period which has no doubt lead to a safer environment for our school children. With the improved driver behaviour, it is pleasing to note that the volume of fines issued has decreased, indicating the success of this school safety program.

4 Misuse of Mobility Parking Scheme (MPS) spaces or permits accounted for 197 Penalty Infringement Notices. This represents on average 1 breach per day.

Records indicate that 62% of these Penalty Infringement Notices were paid indicating an acceptance that there was an element of guilt or misuse/breach of a permit, or space. Records show that 41 penalty infringement notices for this breach were later overturned. It is common practice for both Revenue NSW and Council’s senior staff to cancel infringements notices issued in this category where it is later demonstrated that the person receiving the infringement was entitled to use the space – even though they technically breached the rules by not having the permit formerly displayed on the windscreen. (I.e. the permit was left in the glove box or had perhaps fallen onto the floor).

Other breaches in this category relate to circumstances where the permit was determined to be invalid (ie expired).

Holding and displaying a Disability Parking Scheme permit allows the driver to use designated disabled spaces and also permits the vehicle to remain in standard timed parking areas for extended periods. Careful patrol of this particular issue is considered important to ensure that only those persons within the community who are entitled to use the scheme and or dedicated spaces actually use these spaces.

5 Stop of Footpath or Nature Strip.

Council often receive complaints about parking of vehicles across footpaths or nature strip. Parking of vehicles across a footpath or in some cases on the nature strip can impact upon Council’s infrastructure as well as pedestrian safety and driver sight lines (both for pedestrians, and of other vehicles when entering or leaving roadways) as demonstrated below.

Council’s records show that 209 warning notices were issued for breaches of this type. A total of 139 penalty infringement notices were formally issued. From the 139 penalty notices issued it should be noted that 17 vehicles had 2 or more penalties issued to them for the same offence. Council staff have observed a marked improvement with regards to this issue. Councillors would be aware that recently the operational approach to this matter was recently reviewed and altered, so that if there is not a significant safety issue, first offences for parking over the footpath receive a warning first, not a fine.

6 Not Parallel Park near left.

This particular offence is the 3rd highest count of all offences. Whilst the signage is generally considered to be clear within the CBD for parallel parking, a report to the October City of Orange Traffic Committee has been prepared which recommends increasing the line-marking of several of these spaces in and around the CBD in an attempt to further highlight the parking provision that applies and to avoid driver confusion. These measures have been designed so as to reduce the number of infringements issued for this particular offence.

7 Not park vehicle wholly inside the marked parking space. (Park over the lines).

Council’s records indicate that 119 infringements have been issued for this offence. This equates to one infringement being issued for this offence every 2nd day or 1 every 8 working days per officer.

The intent of this legislation is to ensure that vehicles do not stop in a position that causes significant inconvenience to other drivers or passengers trying to park, or gain access to their parked vehicle. It is also in place to ensure that vehicles do not present a danger to pedestrians by causing them to have to walk in a traffic lane, and are positioned to maximise the equitable sharing of parking facilities.

While a vehicle could technically be issued a Notice for having any part of the vehicle overhanging the line, Council’s parking officers have been directed to apply a degree of leniency on this issue in the recognition that drivers are not perfect in their parking abilities.

Perfect Positioning.

The vehicle is almost perfectly centred within the space, and is fully inside the length of the space.

Acceptable positioning.

This vehicle positioning is a technical breach of the legislation but would not attract a notice.

Limit of leniency

This vehicle positioning is at the limit of leniency (fines are not applied).

Not considered to be acceptable

(fine applied as tyre is over the line and vehicle significant impedes the accessibility to other vehicles)

RECENT ACTIONS

1 An audit into condition of accessible/disabled parking spaces has been undertaken.

2 Funds have been committed to re-line mark all substandard accessible parking spaces. Works are programed to be carried out from November onwards due to paint drying requirements.

3 Continued engagements direct with schools regarding safety of school zones.

4 New training program has been developed for staff for improved consistency.

5 Warning program has been implemented for some offences.

6 A review of every fine issued is undertaken to ensure action taken (fine/warning) was appropriate, compliant and consistent.

Attachments

1 Table - Summary of Infringements, D19/60170 ⇩

Council Meeting 22 October 2019

5.12 Christmas/New Year Recess 2019/2020

TRIM REFERENCE: 2019/2199

AUTHOR: Samantha Freeman, Acting Director Corporate and Commercial Services

EXECUTIVE Summary

It has been Council’s practice to close the Civic Centre, Giyalang Ganya and the Works Depot for the period between Christmas and New Year. This is traditionally a quiet time for Council, however some services continue to operate, and staff are on-call in the event of an emergency.

Council Meetings are generally not held in January.

The report also seeks approval for the delegation of authority to the Mayor, Chairperson of the Planning and Development Committee and the Chief Executive Officer to determine development applications and planning matters (except matters that cannot be delegated under Section 377(1) of the Local Government Act) over the recess period. This has also been standard practice in past years to ensure the development application processes and deadlines are managed.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “17.1 Collaborate - Provide representative, responsible and accountable community governance”.

Financial Implications

Nil

Policy and Governance Implications

The delegation of authority to the Mayor, Chairperson of the Planning and Development Committee and the Chief Executive Officer will be in accordance with the Local Government Act 1993. Matters unable to be considered by this delegation will be referred to the next meeting after the recess period, scheduled for 4 February 2020.

Recommendation

That Council resolves:

1 The Civic Centre, Giyalang Ganya and Works Depot close down for the Christmas period from Wednesday 25 December 2019 to Wednesday 1 January 2020 (inclusive).

2 During the period 25 December 2019 to 4 February 2020, Council delegate its function to determine development applications and planning matters, with the exception of matters that cannot be delegated under the Local Government Act 1993 or the Environmental Planning and Assessment Act 1979, in circumstances where it is unreasonable to defer consideration of the matter, to the Mayor, Chairperson of the Planning and Development Committee, and the Chief Executive Officer (so that the Chief Executive Officer and either the Mayor OR the Chairperson of the Planning and Development Committee, are available to determine matters).

further considerations

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

Service Delivery

Keeping the close down period to a minimum and having essential services on call will ensure services continue to be provided to the community. Council’s after hours service Alarm Australia will refer matters to on call staff as required.

The proposed delegation over the recess period will ensure the timely determination of applications and planning matters over this period, ensuring Council’s level of service can be maintained. This will also ensure that applicants are not unreasonably delayed.

Employees

Employees will be able to enjoy a closedown period between Christmas and New Year. This is also an effective tool in managing work/life balance and leave balance levels.

Stakeholders

The closedown will be advertised to the community.

SUPPORTING INFORMATION

This year Christmas Day falls on a Wednesday, and the gazetted public holidays are Wednesday 25 December 2019, Thursday 26 December 2019, and Wednesday 1 January 2020.

It is recommended that Council close services for the three days on Friday 27 December, Monday 30 December and Tuesday 31 December 2019.

Date	NSW Gazetted Public Holidays	Recommended Shut Down
Wednesday 25 December 2019	Christmas Day Public Holiday
Thursday 26 December 2019	Boxing Day Public Holiday
Friday 27 December 2019		Union Picnic Day Public Holiday/Close down day*
Monday 30 December 2019		Close down day
Tuesday 31 December 2019		Close down day
Wednesday 1 January 2020	New Year’s Day Public Holiday

*Note: the union picnic day is a public holiday that is only applicable for financial members of the USU, DEPA and LGEA and for all other employees will be classified as close down day

As in previous years arrangements for services are proposed as follows:

o The Visitor Information Centre will be open except Christmas Day.

o The Caravan Park will be open, with a staff member on call Christmas Day (office closed).

o The Library will be open except for Christmas Day, Boxing Day and New Year’s Day, with restricted hours on 24, 27, 30 and 31 December 2019. Normal Hours on 28 and 29December 2019.

o The Aquatic Centre will be open except Christmas Day and Boxing Day with an earlier close at 6pm on Christmas Eve and New Year’s Eve.

o The Resource Recovery Centre will be open except Christmas Day with waste collections to remain unchanged.

o Children’s Services generally close for a two to three week period.

Council staff would be required to take leave on any days of closure, and Council’s normal after hours service would operate during that period.