Ordinary Council Meeting
Agenda
3 March 2020
Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that an Ordinary meeting of ORANGE CITY COUNCIL will be held in the Glenroi Community Centre, Garema Road, Orange on Tuesday, 3 March 2020 commencing at 7.00pm.
David Waddell
Chief Executive Officer
For apologies please contact Administration on 6393 8218.
Council Meeting 3 March 2020
EVACUATION PROCEDURE
In the event of an emergency, the building may be evacuated. You will be required to vacate the building by the main entrance and gather at the carpark to the east of the building. This is Council's designated emergency muster point.
Under no circumstances is anyone permitted to re-enter the building until the all clear has been given and the area deemed safe by authorised personnel.
In the event of an evacuation, a member of Council staff will assist any member of the public with a disability to vacate the building.
1.1 Apologies and Leave of Absence
1.2 Acknowledgement of Country
2.1 Mayoral Minute - Margaret Street Rail Crossing
2.2 Mayoral Minute - Monument - Max Stewart
COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE OPEN FORUM
COUNCIL MEETING RESUMES
3 Confirmation of Minutes of Previous Meeting
3.1 Minutes of the Ordinary Meeting of Orange City Council held on 18 February 2020
COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE POLICY COMMITTEES
Planning and Development - Chaired by Cr Russell Turner
NO ITEMS - Employment and Economic Development
Infrastructure - Chaired by Cr Jeff Whitton
NO ITEMS - Sport and Recreation
NO ITEMS - Environmental Sustainability
Finance - Chaired by Cr Joanne McRae
Services - Chaired by Cr Scott Munro
COUNCIL MEETING RESUMES
4 Notices of Motion/Notices of Rescission
6 Closed Meeting – NO CLOSED ITEMS
1 Introduction
1.1 Apologies and Leave of Absence
1.2 Acknowledgement of Country
1.3 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
The provisions of Chapter 14 of the Local Government Act, 1993 (the Act) regulate the way in which Councillors and designated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public role.
The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest must be disclosed as soon as practicable after the start of the meeting and the reasons given for declaring such interest.
As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussion or voting on that matter, and requires that member to vacate the Chamber.
Council’s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code of Conduct also provides for a number of ways in which a member may manage non pecuniary conflicts of interest.
Recommendation It is recommended that Councillors now disclose any conflicts of interest in matters under consideration by the Council at this meeting.
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RECORD NUMBER: 2020/332
Mayoral Minute
Historically this crossing was open and since its closure there has been a number of developments including the subdivision behind the Showgrounds and the development of Waratahs to the North. Re-opening this crossing would relieve the pressure on the Dalton Street crossing and be cheaper than any other proposed new crossings as the formation is still there.
That Council investigate the need to open the Margaret Street rail crossing permanently.
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Cr
Reg Kidd
Mayor
SUPPORTING INFORMATION
Historically the rail crossing at Margaret Street was open and now it has been closed for some time.
STAFF COMMENT
The Margaret Street crossing has been maintained as a rail pedestrian crossing. Any investigation would consider desire lines for travel; referral to John Holland as the rail operator; and discussions with the businesses in Margaret Street between Peisley Street and the rail line that would be affected by any opening of the crossing.
Financial Implications
Nil, budgeted staff time. Any capital works as a result of the investigation would be a separate consideration.
POLICY AND GOVERNANCE IMPLICATIONS
Nil. This proposed investigation would fit under Objective 9: “Infrastructure for our growing community” within the Delivery and Operational Plan and specifically Strategy 9.1: “Construct and maintain a road network that meets the community’s transport and infrastructure needs.”
RECORD NUMBER: 2020/339
Mayoral Minute
That the Gnoo Blas Classic Car Club Inc, in conjunction with Orange City Council, establish a working group to raise funding to have a suitable monument to acknowledge Max Stewart (of Orange).
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Cr
Reg Kidd
Mayor
SUPPORTING INFORMATION
Max Stewart became Championship winner two times, and established himself as possibly the most renowned racing car driver to come out of Orange.
Max Stewart raced out of Orange and ran his business in Orange. He was fondly known as the "Jolly Green Giant".
The Gnoo Blas race track and the major February Gnoo Blas Classic Car Club show are features of Orange that attract large numbers of tourists.
STAFF COMMENT
Max Stewart Oval was named in honour of Max Stewart and is located in Sieben Drive with change rooms, canteen and public amenities. The facility services a large community and is also used for cricket and football fixtures.
Financial Implications
The financial implication will depend on the level of support if any required by Council.
POLICY AND GOVERNANCE IMPLICATIONS
Nil
3 Confirmation of Minutes of Previous Meeting
RECOMMENDATION That the Minutes of the Ordinary Meeting of Orange City Council held on 18 February 2020 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate records of the proceedings of the Council meeting held on 18 February 2020. |
Attachments
1 Minutes of the Ordinary Meeting of Orange City Council held on 18 February 2020
ORANGE CITY COUNCIL
MINUTES OF THE
Ordinary Council Meeting
HELD AT Bowen Public School HALL, Park Street, Orange
ON 18 February 2020
COMMENCING AT 7.15pm
Attendance
Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Nugent, Cr G Taylor, Cr R Turner, Cr J Whitton
Acting Chief Executive Officer (Greenham), Acting Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Manager Corporate and Community Relations, Governance Coordinator Administration Officer (Cubbin), Manager Engineering Services, Manager Financial Services, Manager Development Assessments
Marianne Pankhurst, Relieving Principal of Bowen Public School, welcomed everyone to the School and gave a brief overview of the school and its students.
RESOLVED - 20/041 Cr J Hamling/Cr S Romano That the apologies be accepted from Cr M Previtera and Cr S Munro for the Council Meeting of Orange City Council on 18 February 2020. |
For: Unanimous
Against: Nil
Absent: Cr Previtera, Cr Munro
ANDREW WRATTEN OF THE MOUNTAIN HOPE CHURCH LED THE COUNCIL IN PRAYER
1.4 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Nil
2 Mayoral Minutes
For: Unanimous
Against: Nil
Absent: Cr Previtera, Cr Munro
3 Confirmation of Minutes of Previous Meeting
For: Unanimous
Against: Nil
Absent: Cr Previtera, Cr Munro
Cr Duffy requested a report be provided to Councillors regarding the 600 ML licence out of the Macquarie Pipeline. |
4 Notices of Motion/Notices of Rescission
Nil
5 General Reports
For: Unanimous
Against: Nil
Absent: Cr Previtera, Cr Munro
For: Unanimous
Against: Nil
Absent: Cr Previtera, Cr Munro
For: Unanimous
Against: Nil
Absent: Cr Previtera, Cr Munro
For: Unanimous
Against: Nil
Absent: Cr Previtera, Cr Munro
CR KIDD CONGRATULATED ALL STAFF INVOLVED IN THE FINANCIAL PERFORMANCE
Cr Taylor requested a report be provided to Councillors on the use of high pressure cleaners during water restrictions. |
Cr Mileto requested a report be prepared on the possibility of a rebate for use of artificial turf during water restrictions. |
TRIM Reference: 2020/211 |
RESOLVED - 20/048 Cr J Hamling/Cr K Duffy That Councillor Tony Mileto be the Councillor attendee for the LGNSW Tourism Conference 2020 in Jindabyne 16-18 March 2020.
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For: Unanimous
Against: Nil
Absent: Cr Previtera, Cr Munro
TRIM Reference: 2020/213 |
RESOLVED - 20/049 Cr K Duffy/Cr J Hamling That Council determine any motions for submission to the National General Assembly 2020 by Friday 20 March 2020.
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For: Unanimous
Against: Nil
Absent: Cr Previtera, Cr Munro
For: Unanimous
Against: Nil
Absent: Cr Previtera, Cr Munro
6 Closed Meeting
Nil
The Meeting Closed at 8.03pm
This is Page Number 5 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 18 February 2020.
TRIM REFERENCE: 2019/2423
AUTHOR: Samantha Freeman, Acting Director Corporate and Commercial Services
EXECUTIVE Summary
This report provides the updated Register of Delegations for Council approval. The Register of Delegations sets out the delegations to the Chief Executive Officer (General Manager), Mayor, Policy Committees and Statutory Committees of Council. Any amendments to the Register are reflected in changes to the Local Government Act 1993 and other Legislation which has been repealed and replaced.
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
Sections 226 and 377 of the Local Government Act 1993 (which sets out functions which Council cannot delegate) is a requirement to observe.
That the Register of Delegations, as amended in February 2020, be adopted. |
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 |
Section 377 of the Local Government Act 1993 provides that Council may delegate to the General Manager any function, with the exception of non-delegable functions listed in that section. The delegations provide authority for the General Manager to undertake a range of operational functions. |
Employees |
Many delegations to the General Manager are then sub-delegated to other staff. This process ensures staff are operating within their level of delegation. |
SUPPORTING INFORMATION
The following amendments are proposed in the Register of Delegations:
Ref |
Amendment |
GM026 |
To respond to applications for Liquor Licences for functions to the Licencing Court of NSW |
GM027 |
Addition of: n) Approval of Council Logo use o) Funding agreements |
GM084 |
Inclusion: as referred to in GM004g To determine development applications in accordance with Councils Declaration of Planning and Development Assessment Procedures and Protocols : · To the value of $2.5million and that comply with Councils adopted planning controls · Applications for modification to a DA previously determined by Council or the Planning & Development Committee, where not considered a significant modification · Development that meets the performance outcomes of clause 4.6 of the LEP and results in less than 10% variation to the Development Standard being varied · Where an application is recommended for refusal by Council staff on the grounds that the application remains incomplete following the request for the supply of additional information · Excluding where Council is a financial beneficiary · Excluding applications with a ‘significant public interest’. |
GM085 |
Inclusion: as referred to in GM004 To exercise the powers and functions of an authorised officer under the Dams Safety Act 1978 and the Dams Safety Act 2015 conferred by legislation contained within GM004 |
GM086 |
Inclusion: as referred to in GM004 To exercise the powers and functions of an authorised officer under the Fluoridation of Public Water Supplies Act 1957, Fluoridation of Public Water Supplies Regulation 2017 and the NSW Code of Practice for Fluoridation of Public Water Supplies conferred by legislation contained within GM004 |
1 Register of Delegations to the Chief Executive Officer (General Manager) - February 2020, D19/66753⇩
Attachment 1 Register of Delegations to the Chief Executive Officer (General Manager) - February 2020
RECORD NUMBER: 2020/342
AUTHOR: Samantha Freeman, Acting Director Corporate and Commercial Services
EXECUTIVE Summary
This report presents the following policies which has been reviewed and are recommended for placement on public exhibition for a period of 28 days:
· ST100 – Vandalism Reporting Reward Scheme
· ST029 – Donations and Grants
· ST144 – Event Sponsorship Program
· ST088 – Fraud and Corruption Prevention
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 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.
That Council resolves to place the following policies on public exhibition for a period of 28 days: · ST100 – Vandalism Reporting Reward Scheme · ST029 – Donations and Grants · ST144 – Event Sponsorship Program · ST088 – Fraud and Corruption Prevention |
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
Policies for Exhibition
The following policies have been reviewed and outlined below are changes/updates made to each policy. It is recommended these policies be placed on public exhibition for a period of 28 days to allow for Council and public review and submissions.
ST100 – Vandalism Reporting Reward Scheme
Reference |
Update |
General |
Review of Policy, Minor formatting updates only. |
ST029 – Donations and Grants
Reference |
Update |
General |
· Minor updates. · 26b - A service club cannot apply for a donation for the same project in the second and third year if they have already raised the money for their project total. · 26c.i - Three quotations need to be attached to applications for purchase of equipment. · 10c and 26c.vi - Local sporting associations hosting Grand Finals, Carnivals/Championships and Invitationals can apply for assistance up to $1,000 even if they have received financial assistance in the same financial year under the Sports Facility Program and/or the Sports Participation Program. |
ST144 – Event Sponsorship Program
Reference |
Update |
General |
Policy re-written taking into consideration changes to Strategic Policy ST029 – Grants and Donations. Update to dates for opening and closing of applications to facilitate assessment timeframes and adoption by Council before event is held. |
ST088 – Fraud and Corruption Prevention
Reference |
Update |
General |
Inclusion of reference to Councillor in Corruption on page 6 and Conflicts of Interest on page 9. Inclusion of Complaints regarding the CEO to be directed to the Mayor or Manager Corporate Governance on page 8. Updated in consultation with the Audit and Risk Management Committee. |
1 DRAFT - Strategic Policy - ST100 - Vandalism Reporting Reward Scheme, D20/10120⇩
2 DRAFT - Strategic Policy - ST029 - Donations and Grants, D20/10123⇩
3 DRAFT - Strategic Policy - ST144 - Event Sponsorship Program, D20/10412⇩
4 DRAFT - Strategic Policy - ST088 - Fraud and Corruption Prevention, D20/3317⇩
Council Meeting 3 March 2020
Attachment 1 DRAFT - Strategic Policy - ST100 - Vandalism Reporting Reward Scheme
Attachment 3 DRAFT - Strategic Policy - ST144 - Event Sponsorship Program
Attachment 4 DRAFT - Strategic Policy - ST088 - Fraud and Corruption Prevention
6 Closed Meeting – NO CLOSED ITEMS