Agenda of Council Meeting - 3 December 2019

ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 19 November 2019

COMMENCING AT 7.00pm

Attendance

Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor (7.04pm), Cr R Turner, Cr J Whitton

Chief Executive Officer, Acting Director Corporate and Commercial Services, Acting Director Development Services, Manager Corporate and Community Relations, Manager Engineering Services, Communications Officer

1.1 APOLOGIES

RESOLVED - 19/567 Cr M Previtera/Cr S Munro

That the apologies be accepted from Cr K Duffy and Cr J Hamling for the Council Meeting of Orange City Council on 19 November 2019.

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Duffy

1.2 LIVESTREAMING AND RECORDING

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

1.3 ACKNOWLEDGEMENT OF COUNTRY

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

Nil

2 Mayoral Minutes

Nil

GOOD NEWS FOLDER

1 Email from Phillip Schwebel thanking Council for fast service in fixing pot holes in parts of Clifton Grove, after he had emailed a request in to have fixed.

2 Email from Amanda Dietiker thanking Council and everyone involved in making the footpath a reality along the western side of Brendon Sturgeon Oval and continuing along Anson Street to Bletchington Street. It makes a big difference getting kids around the area with a stroller and bike trailer.

3 Go Get opened servicing this week with two services at the Airport.

THERE WAS A MINUTES SILENCE FOR MR JOHN HAMILTON AND MR TONY SMITH WHO RECENTLY PASSED AWAY

LATE ITEM

RESOLVED - 19/568 Cr S Munro/Cr J Whitton

That the following late item be dealt with at the meeting of Orange City Council held on 19 November 2019:

CCL 6.4 Procurement of Robertson Park Amenities Block

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Duffy

3 Confirmation of Minutes of Previous Meeting

RESOLVED - 19/569 Cr J Whitton/Cr G Taylor

That the Minutes of the Ordinary Meeting of Orange City Council held on 7 November 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 7 November 2019.

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Duffy

4 Notices of Motion/Notices of Rescission

4.1 Notice of Motion - Recycling

TRIM Reference: 2019/2458

RESOLVED - 19/570 Cr S Nugent/Cr R Turner

That Council review its material procurement policies and practices with a view to increasing procurement of products that use recycled materials.

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Duffy

5 General Reports

5.1 Recommendations and Resolutions from Policy Committees

TRIM Reference: 2019/2448

RESOLVED - 19/571 Cr S Nugent/Cr M Previtera

1 That the resolutions made by the Planning and Development Committee at its meeting held on 7 November 2019 be noted.

2 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 7 November 2019 be noted.

3 That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 7 November 2019 be noted.

4 That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 7 November 2019 be noted.

5 That the resolutions made by the Finance Policy Committee at its meeting held on 7 November 2019 be noted.

6 That the resolutions made by the Services Policy Committee at its meeting held on 7 November 2019 be noted.

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Duffy

MATTER ARISING

Cr Taylor requested a review of the radio advertisement for water restrictions to avoid confusion as to what Level 5 water restrictions meant.

5.2 Statement of Investments - October 2019

TRIM Reference: 2019/2425

RESOLVED - 19/572 Cr S Munro/Cr R Turner

That Council resolves:

1 To note the Statement of Investments as at 31 October 2019.

2 To adopt the certification of the Responsible Accounting Officer.

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Duffy

5.3 Councillor Attendance, Training and Compliance

TRIM Reference: 2019/2368

RESOLVED - 19/573 Cr J McRae/Cr S Nugent

That Council note the report on Councillor Attendance, Training and Compliance.

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Duffy

5.4 Adoption of Flood Study and DCP Amendment

TRIM Reference: 2019/2267

RESOLVED - 19/574 Cr S Munro/Cr R Turner

That Council resolves to:

1 Adopt the Blackmans Swamp Creek and Ploughmans Creek Flood Study – April 2019 Rev 1.1 (includes the revisions recommended in the body of this report).

2 Adopt the amendments to the Development Control Plan attached and referred to in the body of this report.

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Duffy

5.5 Orange LEP 2011 - Amendment 24 - Post Exhibition report

TRIM Reference: 2019/2137

RESOLVED - 19/575 Cr J Whitton/Cr S Munro

That Council resolves to:

1 That Council adopt Amendment 24 to Orange Local Environmental Plan 2011 as exhibited; and

2 That Council adopt the amendment to Orange Development Control Plan 2004 relating to flood controls, updated to reflect the LEP land use definitions.

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Duffy

5.6 Register of Delegations

TRIM Reference: 2019/2423

This report was withdrawn and will be presented to the Council Meeting to be held on 3 December 2019.

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Duffy

5.7 Strategic Policy Review - Donations and Grants

TRIM Reference: 2019/2401

RESOLVED - 19/576 Cr S Nugent/Cr R Turner

That Council resolves to adopt the following policies:

· ST029 – Donations and Grants

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Duffy

5.8 Strategic Policy Review - ST077 - Water Carting

TRIM Reference: 2019/2428

RESOLVED - 19/577 Cr S Nugent/Cr S Munro

That Council resolves to:

1 Place the following draft Strategic Policy on public exhibition for a minimum of 28 days:

· ST077 – Water Carting

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Duffy

6 Closed Meeting

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

In response to a question from the Mayor, the 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 - 19/578 Cr S Munro/Cr S Romano

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 Southern Phone - Acquisition of Shares by AGL

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (d)i commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

6.2 Lease Part Post Office for Outdoor Dining Area

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.

6.3 Tender Construction of Sir Jack Brabham Change Rooms and Amenities Block

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 and (d)i commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

6.4 Procurement of Robertson Park Amenities Block

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.

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 7.55pm.

The Mayor declared the Ordinary Meeting of Council resumed at 8.10pm.

7 Resolutions from Closed Meeting

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

6.1 Southern Phone - Acquisition of Shares by AGL

TRIM Reference: 2019/2381

RESOLVED - 19/579 Cr S Munro/Cr T Mileto

1 That Council accept the offer from AGL for the acquisition of its 1 ordinary share and 1 preference share.

2 That the Chief Executive Officer be authorised to execute relevant documents.

3 That approval be granted for use of the Council Seal on all relevant documents if required.

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Duffy

6.2 Lease Part Post Office for Outdoor Dining Area

TRIM Reference: 2019/2447

RESOLVED - 19/580 Cr S Munro/Cr S Nugent

That Council resolves:

1 To enter into a lease with Alceon Group Pty Limited for a period of 20 years plus four 5 year options in accordance with the terms contained in this report.

2 To grant approval for the use of the Council Seal on any necessary documentation.

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Duffy

MATTER ARISING

Cr Turner requested a letter be sent to the management of the Orange City Centre congratulating them on the re-opening of the centre.

6.3 Tender Construction of Sir Jack Brabham Change Rooms and Amenities Block

TRIM Reference: 2019/2457

RESOLVED - 19/581 Cr S Nugent/Cr M Previtera

That Council resolves to:

1 Award the contract for the construction of the Sir Jack Brabham Park Change Rooms and Amenities Block to Renascent Australia Pty Ltd for the amount of $664,985;

2 Allocate a contingency for the project as detailed in this report to be managed during the project; and

3 Grant permission to affix the Council Seal to all relevant documents.

For: Cr Kidd, Cr McRae, Cr Mileto, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Whitton

Against: Cr Munro, Cr Turner

Absent: Cr Hamling, Cr Duffy

6.4 Procurement of Robertson Park Amenities Block

TRIM Reference: 2019/2504

RESOLVED - 19/582 Cr S Nugent/Cr R Kidd

That Council resolves to permit the procurement of the Robertson Park Amenities Block in line with the new Local Government Act Procurement Regulations, rather than a Tender process.

For: Unanimous

Against: Nil

Absent: Cr Hamling, Cr Duffy

The Meeting Closed at 8.14PM

This is Page Number 8 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 19 November 2019.

Council Meeting 3 December 2019

4.4 Notice of Motion - Review of Council Community Committees

RECORD NUMBER: 2019/2600

I, CR Joanne McRae wish to move the following Notice of Motion at the Council Meeting of 3 December 2019:

Motion

That Council review the Community Committees of Orange City Council as to their effectiveness for public participation and community consultation.

Background

There is significant value in effective, regular and authentic community consultation. Public participation and citizen engagement are foundational to effective democracy. The motion seeks to assess whether Orange City Council’s current Community Committee structure is effective.

The recent report on Councillor attendance at Community Committee meetings indicates varied levels of engagement and engagement with Orange City Council’s Community Committees. This raises the question of whether these committees provide effective consultation, achieve outcomes for the community and/or contribute to council’s Strategic Plan.

A structured review of Orange City Council’s Community Committees is timely, and should report on:

· Achievement against Community Strategic Plan (CSP) outcomes

· Alignment with Community Engagement Strategy and Community Participation Plan

· Councillor attendance – according to recent report: (see data attached)

· Community member attendance

· Council staff attendance and resourcing requirements

· Impact and effectiveness: resolutions to council, event attendance, qualitative and quantitative measures of success

· Other ways Council and Councillors have consulted with community members, including online, pop-ups, social media, forums, focus groups and workshops.

Following the review, recommendations can be made regarding the development of a Community Committee framework post-2020 Local Government Elections.

Some councillors have stated that they do not have time to attend community committees, or that they have other ways to engage with the community (Council Meeting of 19 November 2019). The attendance data reflects this variance. The ways Councillors engage with community members and how they report issues could also be assessed and included in this review.

Qualitative and quantitative analysis is appropriate, including members of committees, staff involved and tracking of matters from Committee Actions Plans, resolutions of Council and the CSP. The review should assess the appropriateness of continuing each formal, face-to-face Community Committee, assessing their effectiveness as a consultation method considering opportunities to utilise technology, flexible forums, and the increasing diversity of our community. Community Committees were established in a time when face-to-face meetings were the only method of engaging in conversation with community members, with limited communication and media channels available to council and the public. This is no longer the case. It is timely to review and assess the effectiveness of face-to-face meetings as a public consultation method for each of the community committees and their specific areas of focus. For some, it may no longer be the most effective use of time and resources.

According to the “Charter for Public Participation – a guide to assist agencies and promote citizen engagement” (Information and Privacy Commission NSW, 2018, p.4):

Public participation, also described as citizen engagement, is a fundamental tenet of democracy and Open Government. The Organisation for Economic Co-operation and Development (OECD) recommends that in order to embed public participation as part of their core business, governments should provide:

· strong leadership and commitment

· coordination of public participation across and within government agencies

· adequate financial, human and technical resources

· appropriate guidance and training

· a supportive and accountable organisational culture.

If elected leaders do not attend these community committee meetings, it could be asked, “Where is the strong leadership commitment to implementing decisions made by these stakeholders?”.

What should good public participation look like? The International Association for Public Participation's public participation spectrum distinguishes between different levels of participation (IAP2, 2014). This review of Orange City Council may consider utilising the spectrum in reviewing the level of public participation evident in each committee:

Source: https://aifs.gov.au/cfca/publications/community-engagement/what-community-engagement

Developed at the first United Nations Conference on Community Engagement, the Brisbane Declaration (2005) presents a definition of Community Engagement and principles for defining what makes for good engagement:

· Affirms that community engagement is critical to effective, transparent and accountable governance in the public, community and private sectors.

· Recognises that community engagement is a two-way process:

· by which the aspirations, concerns, needs and values of citizens and communities are incorporated at all levels and in all sectors in policy development, planning, decision-making, service delivery and assessment; and

· by which governments and other business and civil society organisations involve citizens, clients, communities and other stakeholders in these processes.

· Affirms that effective engagement generates better decisions, delivering sustainable economic, environmental, social and cultural benefits.

· Also recognises that effective community engagement enables the free and full development of human potential, fosters relationships based on mutual understanding, trust and respect, facilitates the sharing of responsibilities, and creates more inclusive and sustainable communities.

Source: http://ncdd.org/rc/item/2722/ http://www.ncdd.org/exchange/files/docs/brisbane_declaration.pdf

In summary, It is timely to review existing Community Committees as to their value as a public consultation method, and assess how Community Committees contribute to effective, transparent and accountable governance for Orange City Council.

*The attached summary data table is compiled from attendance data from Council Meeting of 19 November 2019. This summary excludes councillor only committees or Committees which are not open to Community Members to attend (Audit & Risk Committee; Central West Libraries, Traffic). It does not include non-endorsed Council Committees (e.g. Orange Rail Action Group) or delegates to Council Associations (Mining and Energy Related Councils, Civic Risk Mutual)

Signed Cr Joanne McRae

Attachments

1 Summary Data Table - Community Committee Review, D19/70931 ⇩

Council Meeting 3 December 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	Incomplete
7 Nov 19	IPC	QUESTION TAKEN ON NOTICE Cr Romano requested information be provided on the availability of dedicated Councillor parking spaces at the Civic Centre.	Options being investigated - report to Council February 2020.
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. Housing Summit to be held 16 December 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.	Scheduled for Council Meeting of 17 December 2019.
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 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 go up 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 December 2019.
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.	Matter deferred to February 2019 due to need to finalise significant number of planning reports prior to years end.

OUTSTANDING RESOLUTIONS FROM COUNCIL MEETINGS

Date of Meeting	Meeting	Resolution	Action Taken	Completed
7 Nov 19	SRPC	2.1 BMX TRACK - ANZAC PARK TRIM REFERENCE: 2019/1431 RESOLVED - 19/545 Cr S Nugent/Cr M Previtera That Council resolves to: 1 Note the amended Master Plan for Anzac Park. 2 Demolish the existing BMX Track and level the residual soil to enable use as a green space.	Acknowledged. DA being prepared for open space and quotations be sought for demolition of track.
7 Nov 19	IPC	2.1 MINUTES OF THE CITY OF ORANGE TRAFFIC COMMITTEE MEETING - 8 OCTOBER 2019 TRIM REFERENCE: 2019/2335 RESOLVED - 19/543 Cr J Hamling/Cr R Kidd That Council resolves: 1 To acknowledge the reports presented to the City of Orange Traffic Committee at its meeting of 8 October 2019. 2 Recommendations 3.1 to 3.5 from the minutes of the City of Orange Traffic Committee meeting of 8 October 2019 being: 3.1 1 That Council not install speed bumps on William Maker Drive; 2 That Council requests Roads and Maritime Services to erect additional/repeater speed signs in William Maker Drive; 3.2 That ‘awareness’ line marking and/or remedial works be applied to the problem parallel parking locations as outlined in the attached report; 3.3 That Council installs Two Hour Parking and No Parking signs as per Annexure A and B of this report; 3.4 That Council approves the closure of Byng Street (McNamara to Lords) on 25 October 2019 between 11am and 11pm in accordance with the attached Conditions of Consent; 3.5 That Council installs restricted parking during business hours for the Mayor next to the bicycle rack at the rear entrance of the Civic Centre.	Currently being worked on.
7 Nov 19	PDC	2.2 DEVELOPMENT APPLICATION DA 305/2019(1) - LOT 99 EMERALD STREET TRIM REFERENCE: 2019/2288 RESOLVED 19/534 Cr S Nugent/Cr T Mileto That Council resolves: 1 That the information contained in the report for development application DA 305/2019(1) - proposed Multi Dwelling Housing (Affordable Housing) – Lot 99 DP 1234441 - Emerald Street, Orange be acknowledged. 2 That Council make a submission upon this application to the Western Regional Planning Panel.	The planning assessment report and Council’s submission on the development application have been forwarded to the Western Regional Planning Panel (WRPP). The WRPP will meet on Tuesday 10 December to consider the development application.
7 Nov 19	CCL	4.2 NOTICE OF MOTION - BUSINESS RATES 2019/2383 RESOLVED - 19/557 Cr J McRae/Cr S Nugent That a report be brought to Council on the levers available to Council to support Orange CBD businesses.	Report to be provided to Council.
22 Oct 19	CCL	5.10 MINUTES OF THE CITY OF ORANGE TRAFFIC COMMITTEE MEETING - 10 SEPTEMBER 2019 2019/2272 RESOLVED - 19/523 Cr R Turner/Cr T Mileto That Council resolves: 1 To acknowledge the reports presented to the City of Orange Traffic Committee at its meeting of 10 September 2019. 2 Recommendations 3.1 to 3.4 from the minutes of the City of Orange Traffic Committee meeting of 10 September 2019 being: 3.1 That the Conditional Approval for the Orange Triathlon Events - 2019/2020 Season be endorsed subject to compliance with the attached conditions; 3.2 That Council approves the conditional approval for the Santa Arrival event on 30 November 2019; 3.3 That the Conditional Approval for the 2020 Orange Running Festival on 8 March 2020 be endorsed subject to compliance with the attached conditions; 3.4 That Council change the 45 degree parking to parallel parking at the eastern arm of the corner of Kite Street and Lords Place.	Conditional approvals sent out. Point 3.4 currently being worked on.
22 Oct 19	CCL	4.2 NOTICE OF MOTION - MITCHELL HIGHWAY PUBLIC RESERVE REZONING TRIM REFERENCE: 2019/2222 RESOLVED - 19/511 Cr K Duffy/Cr G Taylor 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.	Reclassification will be included in the next appropriate LEP amendment.
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	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.	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.	Contract received and currently being reviewed.
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 signed.
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. COMPLETE 3. COMPLETE 4. Currently being worked on
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. Report to the December Council Meeting.
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 3 December 2019

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

COMPLETED

REGISTER – QUESTIONS ON NOTICE & MATTERS ARISING

As at 22 November 2019

Date of Meeting	Meeting	QUESTIONS ON NOTICE/MATTERS ARISING	Action Taken/Comment	COMPLETE
7 Nov 19	SPC	MATTER ARISING Thanks was extended to the NAIDOC Chairperson, Gerald Power, and to the Committee members for their work in this committee.	Action acknowledged and complete. COMPLETE
7 Nov 19	SPC	QUESTION TAKEN ON NOTICE Cr Kidd requested information be provided on the planned maintenance schedule for the Lucknow School house.	Information provided. COMPLETE
7 Nov 19	SPC	QUESTION TAKEN ON NOTICE Cr Kidd requested information be provided on the insurance status of the Lucknow School of Arts after the recent fire.	Email sent to Cathy Thomas on 20 November 2019 providing requested information and request to distribute to Councillors. Complete.
7 Nov 19	SRPC	MATTER ARISING That Council write to the Premier regarding the status of the monetary pledge for the Sporting Precinct, and to organise for the Mayor to meet with the Premier to discuss this matter.	Letter sent to Premier. COMPLETE
7 Nov 19	FPC	MATTER ARISING That thanks be passed on to the Internal Auditor for the work undertaken in the Audit and Risk Management Committee.	Resolution communicated to Internal Auditor. COMPLETE
7 Nov 19	IPC	QUESTION TAKEN ON NOTICE Cr Munro requested information on the rebates available for water tanks and the ability to raise these rebates. Cr Munro also requested statistics on alternative water supplies.	Email to Councillors 10 November 2019. COMPLETE
7 Nov 19	IPC	MATTER ARISING Cr Hamling requested a report be provided to Council on the ability to progress the Ploughmans Lane upgrade due to its current condition and that it is a main connection road between The Escort Way and Coronation Drive.	Ian Greenham will respond in a Councillor communication. Notice of Motion by Cr Duffy listed for 3 December 2019. COMPLETE.
4-Jun-19	EEDPC	QUESTIONS TAKEN ON NOTICE Cr Nugent requested an update on the enquiries for staff exchange with Timaru District Council.	Teleconference was held with CEO of Timaru and a staff exchange has been set up for March next year and October next year. Two Timaru staff will come here in March – experts in Water and Comms.
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 listed for 3 December 2019 Council Meeting. COMPLETE.

COMPLETED

REGISTER – RESOLUTIONS & NOTICES OF MOTION

Date of Meeting

Meeting

Resolution

Action Taken/Comment

COMPLETE

7 Nov 19

SPC

2.1 MINUTES OF THE LUCKNOW COMMUNITY COMMITTEE - 19 SEPTEMBER 2019
TRIM REFERENCE: 2019/2348
RESOLVED - 19/552 Cr J Whitton/Cr R Kidd
1 That Council acknowledge the reports presented to the Lucknow Community Committee at its meeting held on 19 September 2019.
2 That Council note recommendations 4.1 (i) from the minutes of the Lucknow Community Committee meeting of 19 September 2019:

That the Lucknow Community Committee Action Plan be reviewed and updated with the following inclusion:
i. That $25,000 be allocated to kerb and guttering in Lucknow
3 That Council determine recommendations 4.1 (ii) from the minutes of the Lucknow Community Committee meeting of 19 September 2019:
That the Lucknow Community Committee Action Plan be reviewed and updated with the following inclusion:
ii. Timing on signs lifting and additional words for signs be updated
4 That $18,430 be allocated to kerb and guttering for Lucknow subject to review by Council’s Technical Services Division and liaison with property and business owners.
5 That the remainder of the minutes of the Lucknow Community Committee at its meeting held on 19 September 2019 be adopted.

All resolutions actioned. COMPLETE

7 Nov 19

SPC

2.2 MINUTES OF THE ORANGE HEALTH LIAISON COMMITTEE MEETING – 24 SEPTEMBER 2019
TRIM REFERENCE: 2019/2340
RESOLVED - 19/553 Cr S Nugent/Cr R Kidd
1 That Council acknowledge the reports presented to the Orange Health Liaison Committee at its meeting held on 24 September 2019.
2 That Council determine recommendations 3.1 and 3.2 from the minutes of the Orange Health Liaison Committee meeting of 24 September 2019:

3.1 – That Council host 2 Resilience Project presentations early in 2021 at the Orange Civic Theatre
3.2 – That Council provide $10,000 from the Let’s Renew budget to contribute to the financial requirement to provide the Live Life Get Active program in Orange.
3 That the remainder of the minutes of the Orange Health Liaison Committee at its meeting held on 24 September 2019 be adopted.

All resolutions actioned. COMPLETE

7 Nov 19

SPC

2.3 MINUTES OF THE NAIDOC WEEK COMMUNITY COMMITTEE - 3 OCTOBER 2019
TRIM REFERENCE: 2019/2262
RESOLVED - 19/554 Cr S Nugent/Cr R Kidd
1 That Council acknowledge the reports presented to the NAIDOC Week Community Committee at its meeting held on 3 October 2019.
2 That the remainder of the minutes of the NAIDOC Week Community Committee at its meeting held on 3 October 2019 be adopted.

All resolutions actioned. COMPLETE

7 Nov 19

SPC

2.4 MINUTES OF THE NAIDOC WEEK COMMUNITY COMMITTEE - 17 OCTOBER 2019
TRIM REFERENCE: 2019/2384
RESOLVED - 19/555 Cr J Hamling/Cr S Nugent
1 That Council acknowledge the reports presented to the NAIDOC Week Community Committee at its meeting held on 17 October 2019.
2 That Council determine recommendation 3.1 from the minutes of the NAIDOC Week Community Committee of 17 October 2019:
Item 3.1 Budget
That $600.00 be donated to the Elders Luncheon, which includes $200.00 already approved for transport. Extra money is being used for entertainment to be provided by Luke Barnes and Ricky Ah See.
3 That the remainder of the minutes of the NAIDOC Week Community Committee at its meeting held on 17 October 2019 be adopted.

All resolutions actioned. COMPLETE

7 Nov 19

PDC

2.4 DEVELOPMENT APPLICATION DA 232/2018(1) - HELIPAD - 1083 FOREST ROAD
TRIM REFERENCE: 2019/186
RESOLVED - 19/537 Cr S Munro/Cr R Kidd
That Council consents to development application DA 232/2018(1) for Helipad at Lot 2 DP 1069705 - 1083 Forest Road, Spring Creek pursuant to the conditions of consent in the attached Notice of Approval.

Determination issued. COMPLETE.

7 Nov 19

PDC

2.3 PLANNING AND DEVELOPMENT: COMMUNITY PARTICIPATION PLAN 2019 - POST-EXHIBITION AND FINALISATION
TRIM REFERENCE: 2019/2305
RESOLVED - 19/536 Cr S Nugent/Cr J McRae
That Council resolves:
1 To adopt the Planning and Development: Community Participation Plan 2019.
2 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.
3 To update the attachment to ST024 being the Declaration of Planning and Development Assessment Procedures and Protocols from Version 4 to Version 5.
4 To update ST024 to ensure the Policy references the correct attachment (being Version 5 attachment).
5 To update delegations in accordance with Version 5 of the attachment to Declaration of Planning and Development Assessment Procedures and Protocols.

Resolution actioned. COMPLETE.

7 Nov 19

PDC

2.5 DEVELOPMENT APPLICATION DA71/2019(1) - 118 BLOOMFIELD ROAD
TRIM REFERENCE: 2019/2296
RESOLVED - 19/538 Cr S Munro/Cr R Kidd
That Council consents to development application DA 71/2019(1) for Recreation Area (Gosling Creek Cycle Path) at Lots 50 and 58 DP 750401, and Lots 3 and 4 DP 216843 - 118 Bloomfield Road and 2 Bloomfield Road, Orange pursuant to the conditions of consent in the attached Notice of Approval.

Determination issued. COMPLETE.

7 Nov 19

PDC

2.6 DEVELOPMENT APPLICATION DA 258/2019(1) - 1 SCARBOROUGH STREET
TRIM REFERENCE: 2019/2318
RESOLVED - 19/539 Cr R Kidd/Cr S Munro
That Council consents to development application DA 258/2019(1) for Dual Occupancy and Subdivision (two lot residential) at Lot 129 DP 1237871 - 1 Scarborough Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.

Determination issued. COMPLETE.

7 Nov 19

PDC

2.7 DEVELOPMENT APPLICATION DA 310/2019(1) - 21 SCARBOROUGH STREET
TRIM REFERENCE: 2019/2319
RESOLVED - 19/540 Cr J Whitton/Cr S Munro
That Council consents to development application DA 310/2019(1) for Dual Occupancy (attached) and Subdivision (two lot residential) at Lot 119 DP 1237871 - 21 Scarborough Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.

Determination issued. COMPLETE.

7 Nov 19

ESPC

2.1 MINUTES OF THE COMPANION ANIMAL COMMUNITY COMMITTEE MEETING OF THE 2 SEPTEMBER 2019
TRIM REFERENCE: 2019/2136
RESOLVED - 19/547 Cr S Nugent/Cr J Whitton
1 That Council acknowledge the reports presented to the Companion Animal Community Committee at its meeting held on 2 September 2019.
2 That Council determine recommendations {3.2, 3.4 and 3.5} from the minutes of the Companion Animal Community Committee meeting of 2 September 2019.
Item 3.2 - That construction of the North Orange off leash area (Webb Street) be carried out within the Committee budget allocation for this financial year. This should provide for fencing, signage, bins and water fountains. Further work to be done as the budget allows.
Item 3.4 - That the companion animal events be advertised on the Council What’s On page by the organisers of the events.
Item 3.5 - That an education program using the existing Council brochures be carried out in surrounding areas of the wetlands by the Ploughmans Wetlands Care Group.
3 That the remainder of the minutes of the Companion Animal Community Committee at its meeting held on 2 September 2019 be adopted.

Item3.2 North orange off leash area fence construction in progress

Item 3.4 advertising on Council's Whats on page is done by individuals and was promoted by council

Item 3.5 Letter was sent to adjoining owners of the Wetlands in October.

7 Nov 19

FPC

2.1 MINUTES OF THE AUDIT AND RISK MANAGEMENT COMMITTEE MEETING HELD ON 30 AUGUST 2019
TRIM REFERENCE: 2019/2146
RESOLVED - 19/550 Cr R Kidd/Cr J Whitton
1 That Council acknowledge the reports presented to the Audit and Risk Management Committee at its meeting held on 30 August 2019.
2 That the minutes of the Audit and Risk Management Committee at its meeting held on 30 August 2019 be adopted.

Noted. Recommendations actioned. COMPLETE

7 Nov 19

CCL

4.1 NOTICE OF MOTION - TRAFFIC CONTROL METHODS TURNER CRESCENT
TRIM REFERENCE: 2019/2364
RESOLVED - 19/556 Cr S Munro/Cr J Hamling
That staff bring a report to Council on the potential of Council adding traffic calming infrastructure/traffic control in Turner Crescent in close proximity to the approved childcare building.

Report written for COTC meeting of 10 December 2019.
COMPLETE

7 Nov 19

CCL

5.1 QUARTERLY BUDGET REVIEW AND PERFORMANCE INDICATORS - QUARTER 1 OF 2019/20
TRIM REFERENCE: 2019/2277
RESOLVED - 19/559 Cr J Whitton/Cr J Hamling
That Council resolves:
1 That the information provided in the report on the quarterly budget and performance indicators review for July to September 2019 be acknowledged.
2 The bank reconciliation statement be acknowledged.
3 To adopt unfavourable variations in the consolidated overall cost to council arising from the September 2019 quarterly review amounting to $426,028.

Resolution noted.
COMPLETE

7 Nov 19

CCL

5.2 2019 AUSTRALIAN AIRPORTS ASSOCIATION ANNUAL CONFERENCE
TRIM REFERENCE: 2019/2382
RESOLVED - 19/560 Cr J Hamling/Cr S Munro
That Council nominate Cr Hamling to attend the 2019 Australian Airports Association Annual Conference 19-22 November 2019 on the Gold Coast.

Cr Hamling registered and attended Conference.
COMPLETE

7 Nov 19

CCL

5.3 REQUEST FOR FINANCIAL ASSISTANCE - ROUND 1 OF 2019/2020 - EVENT SPONSORSHIP PROGRAM - MCCORMACK BARBER PARTY UNDER THE STARS NEW YEAR’S EVE COMMUNITY CELEBRATIONS
TRIM REFERENCE: 2019/2404
RESOLVED - 19/561 Cr J Hamling/Cr S Munro
The Council resolves:
1 That funding of $20,000.00 be made from the Event Sponsorship Program Fund to the McCormack Barber Party Under the Stars New Year’s Eve Community Celebrations (event promotion).
2 To place the proposed allocation of funds to McCormack Barber 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).
3 That McCormack Barber promote the support received from Orange City Council for the event and that Council’s support be included in all media announcements.

Request for donation has been put on public exhibition. Closes Monday 9 December 2019. Report will go back to Council on 17 December 2019.
COMPLETE

7 Nov 19

CCL

6.1 EOI - LOAN BORROWINGS
TRIM REFERENCE: 2019/2271
RESOLVED - 19/563 Cr J Whitton/Cr S Munro
That Council resolves:
1 That the loan funds be drawn from T-Corp (NSW Treasury Corporation) repaid in quarterly instalments over 5 years.
2 That should T-Corp (NSW Treasury Corporation) be unable to furnish our request, the loan funds are drawn from the Commonwealth Bank of Australia to be repaid over five years in quarterly instalments.
3 That the Chief Executive Officer be authorised to execute relevant documents.
4 That approval be granted for use of the Council Seal on all relevant documents if required.
5 That necessary advice be supplied to the NSW Government on Council’s borrowings.

T-Corp (NSW Treasury Corporation) notified of Council's resolution. COMPLETE

7 Nov 19

CCL

6.3 ACQUISITION EASEMENT LOT 44 DP 788920 - CONSTRUCTION OF SEWER EASEMENT
TRIM REFERENCE: 2019/2339
RESOLVED - 19/565 Cr J Whitton/Cr S Nugent
1 That Council acquire as easement approximately 496.9 m2 over Lot 44 DP 788920 under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991 for the amount of $31,937.
2 That the Chief Executive Officer be authorised to finalise the acquisition.
3 That permission be granted for the use of the Council Seal on any document if required.

Deed of Access has been signed. Plan will be finalised following completion of works. Completed.

7 Nov 19

CCL

6.2 ACQUISITION EASEMENT LOT 39 DP 788920 - CONSTRUCTION OF SEWER EASEMENT
TRIM REFERENCE: 2019/2337
RESOLVED - 19/564 Cr J Whitton/Cr S Munro
1 That Council acquire as easement approximately 173.2 m2 over Lot 39 DP 788920 under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991 for the amount of $31,168.
2 That the Chief Executive Officer be authorised to finalise the acquisition.
3 That permission be granted for the use of the Council Seal on any document if required.

Deed of Access has been signed. Plan will be finalised following completion of works. Completed.

22 Oct 19

CCL

4.3 NOTICE OF MOTION - COUNCILLOR ATTENDANCE, TRAINING AND COMPLIANCE 2019/2152

RESOLVED - 19/512 Cr J McRae/Cr S Nugent

That Council be provided with a report including the following information for the current Council term:

1 Councillor Training.

2 Councillor attendance at Council Meetings.

3 Councillor attendance at Community Committee Meetings.

4 Councillor attendance at briefing sessions and workshops.

5 Councillor Code of Conduct Training completed within the required time period.

6 Completion of Declarations of Interest by due dates.

Report went to Council Meeting 19 November 2019. COMPLETE

22 Oct 19

CCL

4.1 RESCISSION MOTION - DA 215/2019(1) - 36-40 TURNER CRESCENT, ORANGE 2019/2294

RESCISSION MOTION Cr K Duffy/Cr S Munro

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) 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.

THE MOTION ON BEING PUT TO THE MEETING WAS LOST

COMPLETE

22 Oct 19

CCL

5.4 REQUEST FOR FINANCIAL ASSISTANCE - ROUND 1 OF 2019/2020 - EVENT SPONSORSHIP PROGRAM
TRIM REFERENCE: 2019/2221
RESOLVED - 19/517 Cr R Turner/Cr T Mileto
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 3rd 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).

Item 11 was placed on public exhibition which closed on 20 November 2019. A report is listed for 3 December 2019.
COMPLETE

22 Oct 19

CCL

5.5 A DAY ON THE GREEN
TRIM REFERENCE: 2019/2175
RESOLVED - 19/518 Cr J Hamling/Cr S Nugent
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

Report is listed for Council Meeting 3 December 2019. COMPLETE.

22 Oct 19

CCL

5.7 SCHOOL BASED TRAINEE PROGRAM
TRIM REFERENCE: 2019/2231
RESOLVED - 19/520 Cr R Kidd/Cr S Munro
That Council resolve to approve a School Based Trainee Program as detailed in the report.

The resolution has been implemented with Council partnering with Skillset to recruit for 6 school based trainees to commence in 2020.

22 Oct 19

CCL

5.8 STRATEGIC POLICY REVIEW
TRIM REFERENCE: 2019/2024
RESOLVED - 19/521 Cr S Nugent/Cr J Whitton
That Council resolves to adopt the following policies:
• ST134 – Strategic Policy – Vehicle Access – Orange Airport
• ST039 – Gifts and Benefits

Updated on Council website.
COMPLETE

22 Oct 19

CCL

4.4 NOTICE OF MOTION - LOCAL PREFERENCE PURCHASING POLICY
TRIM REFERENCE: 2019/2261
RESOLVED - 19/513 Cr J McRae/Cr S Nugent
That Council review the Strategic Policy ST109 – Local Preference Purchasing with a view to increasing the 2% local price advantage and possibly including a NSW/Australian made component, thus increasing Orange City Council’s economic impact and supporting local businesses to supply goods and services to council.

Report is listed for Council Meeting 3 December 2019. COMPLETE.

22 Oct 19

CCL

5.12 CHRISTMAS/NEW YEAR RECESS 2019/2020
TRIM REFERENCE: 2019/2199
RESOLVED - 19/525 Cr J Hamling/Cr S Nugent
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).

Dates and times of Council's close down period over the Christmas/New Year period will be advertised. COMPLETE.

22 Oct 19

CCL

4.5 NOTICE OF MOTION - DEVELOPMENT FORUM
TRIM REFERENCE: 2019/2269
THE MOTION ON BEING PUT TO THE MEETING WAS LOST

No action required. Motion lost.

22 Oct 19

CCL

5.11 CLASSIFICATION OF LAND - SOPHIE DRIVE
TRIM REFERENCE: 2019/1852
RESOLVED - 19/524 Cr S Nugent/Cr S Munro
1 That Lot 13 DP 1255866 Sophie Drive be classified as Operational Land pursuant to Chapter 6, Part 2 of the Local Government Act 1993.
2 That authority be granted to affix the Council Seal on necessary documentation if required.

Notation placed in Council Land Register of classification, date and report number. Completed

22 Oct 19

CCL

6.1 TENDER CONSTRUCTION OF WADE PARK INDOOR CRICKET CENTRE
TRIM REFERENCE: 2019/2113
RESOLVED - 19/527 Cr J Hamling/Cr S Munro
That Council resolves to:
1 Award the contract for the Architectural Design for the Construction of the Wade Park Indoor Cricket Centre to Hines Constructions Pty Ltd for the amount of $2,830,532;
2 Allocate $150,000 for the fit out of the indoor cricket pitches and netting system;
3 Allocate a contingency for the project as detailed in this report to be managed during the project; and
4 Grant permission to affix the Council Seal to all relevant documents.

Contracts being prepared and appropriate allocations complete.

22 Oct 19

CCL

6.2 LEASE 6 ASTILL DRIVE ORANGE
TRIM REFERENCE: 2019/1976
RESOLVED - 19/528 Cr K Duffy/Cr S Munro
That Council resolves:
1 To enter into a lease of 6 Astill Street for a term of 5 years plus 2 one year options.
2 That permission be granted for the use of the Council seal on any necessary documentation.

Lease has been finalised and registered. Complete.

22 Oct 19

CCL

6.3 LATE ITEM - BRIEFING ON LEGAL MATTER
RESOLVED - 19/529 Cr Kidd/Cr Turner
That Council delegates to the Chief Executive Officer to manage the proceedings commenced by Housing Plus in the Land and Environment Court in respect of Council’s Refusal of Development Application 141/2019(1) for Multi-Dwelling Housing at 78 Lantana Place, Orange.

Actioned. Complete.

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.

Agreement signed and dated. COMPLETE

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. Plan complete. Sent for registration. Matter completed.

3 Sep 19

PDC

2.7 DRAFT PLANNING AND DEVELOPMENT: COMMUNITY PARTICIPATION PLAN 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.

Post exhibition report went to Council Meeting held on 19 November 2019. COMPLETE.

Council Meeting 3 December 2019

5.3 A Day on the Green

RECORD NUMBER: 2019/2558

AUTHOR: Nick Redmond, Manager Corporate and Community Relations

EXECUTIVE Summary

At the Council meeting on 22 October the following was resolved:

RESOLVED - 19/518 Cr J Hamling/Cr S Nugent

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

The matter was advertised and published on the Council website. The exhibition period closed on 20 November. There was one submission.

Council has developed a funding agreement and if the recommendation of this report is supported it will be entered into as soon as practicable.

The funding agreement includes the following conditions:

· Funding is conditional on the recipient providing event support and site establishment to Heifer Station Vineyard for the hosting of a minimum of three “A Day on the Green” Events at Heifer Station Vineyard.

· Funding is conditional on the recipient acknowledging Council as a sponsor of Events.

· Funding is conditional on the recipient committing to the delivery of premium outdoor concert experiences featuring high profile Australian and/or international acts.

· The recipient must provide to Council an audited financial statement, identifying how the funding was spent.

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

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 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.

Council sought legal advice in relation to the proposed funding which determined it was allowable under the provisions.

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 enter a funding agreement with 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	While there was only one submission during the exhibition period the event has received strong community support on social media platforms.

SUPPORTING INFORMATION

The 2020 acts are Cold Chisel, Birds of Tokyo and Magic Dirt. The event is all but sold out (10,000) with some tickets left in the front section.

Roundhouse Entertainment has provided postcode data for the sales.

To date:

· 40 per cent of tickets have been sold in the 2800 postcode

· 15 percent local being Orange, Blayney, Cabonne excluding 2800

· 11 per cent day-trippers being Central West beyond Blayney, Cabonne, Orange

· 34 per cent overnight stays

Based on the above ticket sales it will inject approximately $1.7 million into the local economy.

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

The draw into the economy is slightly above the $1.6 million estimate in the 22 October report due to the better than anticipated ticket sales.

Council has been in discussions with Orange 360, neighbouring Councils and accommodation providers in preparation for the event. There have been strong bookings and Council staff will continue to monitor this. Council is also working with Roundhouse Entertainment on bus routes and parking in Orange.

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

· 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.

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 Roundhouse Entertainment 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, Roundhouse Entertainment has agreed that the funding will 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 at 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.

There is also an application before Cabonne Council seeking support.

Orange City Council and Heifer Station have 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.

Council received one submission outlining an objection to the approval of financial assistance for the event in the case that it improves a privately owned property, takes funds from the Events Sponsorship and the Donations and Grants funding disadvantaging other applicants in this process and that Council cannot commit to future funding without approval of the budgets. The submission also suggested an option for an interest free loan. A copy of the submission is attached.

Attachments

1 Submission - Day on the Green - Heifer Station - Redacted, D19/70785 ⇩

Council Meeting 3 December 2019

5.6 Strategic Policy Review - Purchasing and Buy Local

RECORD NUMBER: 2019/2518

AUTHOR: Samantha Freeman, Acting Director Corporate and Commercial Services

EXECUTIVE Summary

This report presents the Purchasing Policy which has been further reviewed and amended, to reflect proposed changes to the Local Preference Purchasing Policy, and is recommended for placement on public exhibition.

This report also presents the Buy Local Purchasing Policy (formerly the Local Preference Purchasing Policy) has been reviewed and amended (following Council resolution of 22 October 2019 requesting a review of such policy with the intent of increasing the 2% price advantage to local suppliers) and is recommended for placement on public exhibition.

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

Council’s Strategic Policies are being reviewed and amended to ensure ongoing compliance with legislation and industry best practice. Policies of Council are of two types – Strategic Policies are determined by Council, and relate to Councillors and the broader community.

The Local Government Act 1993 requires the public exhibition of Policies (if new or include significant changes) and adoption by Council. Operational Policies are determined and implemented by the Chief Executive Officer, and relate to staff and the operations of the organisation.

Recommendation

That Council resolves to:

1 Place the following draft Strategic Policies on public exhibition for a minimum of 28 days:

§ ST093 - Purchasing Policy

§ ST109 - Buy Local Purchasing Policy

further considerations

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

SUPPORTING INFORMATION

A review of Council’s Strategic Policy framework continues, and the following policies have been reviewed and is recommended for placement on public exhibition:

§ ST093 - Purchasing Policy

§ ST109 - Buy Local Purchasing Policy

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

Staff have reviewed a number of other Council Buy Local Purchasing policies and the attached draft policies are believed to be a reasonable balance between obtaining value for money and supporting local suppliers.

A summary of the major amendments to each policy is set out in the tables below, however, supporting information to explain the rationale behind the proposed amendments is provided as follows:

Purchases of goods and services up of $249,999

Following the intent of the Council resolution of 22 October 2019, the philosophy adopted is to provide a reasonable percentage price advantage for Local and Regional Suppliers (as defined in the attached draft Buy Local Purchasing Policy) with a greater emphasis on suppliers within the Orange City Council local government area.

All purchases of goods and/or services up to the value of $2,999 must be sourced from a Local Supplier, unless goods or services are not able to be sourced from a Local Supplier, are not of sufficient quality or it is not practicable to do so, e.g. training, accommodation, specialised services, required delivery times not able to be met.

The local percentage price advantage has been doubled from 2% to 4% for purchases from $3,000 to $49,999 for Local Suppliers. This is considered to be reasonable given it would address purchases including motor vehicles and minor plant items. This would give the benefit to a Local Supplier of up to $2,000. Typically, most purchases below $50,000 for trade services, and minor items such as tyres, plumbing supplies, etc. are sourced locally due to availability and convenience.

For purchases of $50,000 to $249,999, this policy seeks to balance local preference against value for money. A 2% local percentage price advantage is proposed, giving a Local Supplier a $5,000 price advantage at the top of this monetary threshold range.

If 4% was maintained for the full monetary threshold range from $3,000 to $249,999, it would have an impact of $10,000 at the top of this range. The additional costs at this level would start to have a negative impact on Council’s budget.

As Regional Suppliers have a lesser positive impact on the local economy, a lower percentage price advantage of 2% for the monetary threshold range of $3,000 to $49,999 and 1% for the monetary threshold range of $50,000 to $249,999 has been proposed.

Non-Local Suppliers receive zero percentage price advantage under the policy.

Tenders

The Local Government Act 1993 (Act), and Local Government (General) Regulation 2005 specify a financial threshold of $250,000 to determine when a tender is required for the procurement of goods and/or services. This means projects of this value must be managed via a tender process unless exempt under the Act.

With respect to tenders and purchases of $250,000 and over, these, under the Local Government Act 1993, must be advertised broadly and often attract large companies and head contractors which have the opportunity to employ local sub-contractors or purchase from local suppliers. The philosophy adopted here proposes the support of contractors and suppliers that are anticipated to have a positive financial impact on the local economy.

Therefore, rather than applying a percentage price advantage, a “Local Content” criterion (as defined in the attached Buy Local Purchasing Policy) is to be applied when tender submissions are being evaluated to determine a successful supplier. The “Local Content” criterion will form a minimum of 5% (default value) to a maximum of 10% of the overall assessment criteria (as approved by the Chief Executive Officer). The score associated with this criterion will be a ratio of the Local Content to the overall tendered price.

Summary of Amendments

ST093 – Purchasing Policy

Reference

Update

Objectives

§ Extend Council’s existing business principles to give consideration to disability employment where applicable.

General

§ Formatting changes.

§ Updates to Tendering threshold in accordance with the Local Government Act 1993.

§ Reference to updates to the Buy Local Purchasing Policy.

§ Inclusion of reference to Risk. Risk assessment to be undertaken for larger purchases or where there is the potential for significant impacts on Council.

§ Tendering threshold to be considered in concert with risk assessment to determine if purchases with a lower dollar value should follow tender process under Local Government Act 1993.

§ Instruction and guidance on complying with policy will be provided in the Operational Purchasing Policy which will be updated from time to time to reflect improved practices and minimise risk to Council.

ST109 – Buy Local Purchasing Policy

Reference	Update
Policy	§ Change of name from Local Preference Purchasing Policy to Buy Local Purchasing Policy.
Objectives	§ Updated to include sustainability of local economy by maximising participation of local businesses in the delivery of goods and services and encourage the inclusion of local businesses and employment of local residents.
Applicability	§ Updated to apply to all purchases unless exclusions under the Strategic Purchasing Policy apply.
General	§ Amendment or addition to definitions: Local Supplier, Regional Supplier, Non-Local Supplier, Local Content and Shop-Front. § Removal of 2% percentage price advantage and replaced with various percentage price advantages to be applied for Local Suppliers and Regional Suppliers (as defined in the Policy), as set out in Table 1, dependent on the monetary threshold purchase amounts. § For tenders, Local Content criterion to be applied when submissions are being evaluated to determine successful tenderer, being a minimum of 5% to a maximum of 10% of the overall assessment criteria. The score associated with this criterion will be a ratio of the Local Content to the overall tendered price.

Attachments

1 DRAFT - Strategic Policy - ST093 - Purchasing PDF (November 2019), D19/70374 ⇩

2 DRAFT - Strategic Policy - ST109 - Buy Local Purchasing PDF (November 2019), D19/70377 ⇩

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. $1,000 recommended. To be funded from Regional Enterprise Development - Skills and Training Project budget.