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

Agenda

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                Introduction.. 4

1.1            Apologies and Leave of Absence. 4

1.2            Acknowledgement of Country. 4

1.3            Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests. 4

2                Mayoral Minutes. 5

2.1            Mayoral Minute - Margaret Street Rail Crossing. 5

2.2            Mayoral Minute - Monument - Max Stewart 7

 

COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE OPEN FORUM

COUNCIL MEETING RESUMES

 

3                Confirmation of Minutes of Previous Meeting.. 8

3.1            Minutes of the Ordinary Meeting of Orange City Council held on 18 February 2020  9

 

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.. 14

Nil

5                General Reports. 15

5.1            Register of Delegations. 15

5.2            Strategic Policy Review.. 37

6                Closed Meeting – NO CLOSED ITEMS

 


Council Meeting                                                                                              3 March 2020

1       Introduction

1.1     Apologies and Leave of Absence

1.2     Acknowledgement of Country

I would like to acknowledge the Wiradjuri people who are the Traditional Custodians of the Land. I would also like to pay respect to the Elders both past and present of the Wiradjuri Nation and extend that respect to other Aboriginal Australians who are present.

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.

 

 


Council Meeting                                                                                              3 March 2020

2       Mayoral Minutes

2.1     Mayoral Minute - Margaret Street Rail Crossing

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.

 

Recommendation

That Council investigate the need to open the Margaret Street rail crossing permanently.

 

 

 

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.”

 

 

 

  


Council Meeting                                                                                              3 March 2020

2.2     Mayoral Minute - Monument - Max Stewart

RECORD NUMBER:       2020/339

 

 

Mayoral Minute

 

Recommendation

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).

 

 

 

 

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

 

      


Council Meeting                                                                                              3 March 2020

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


 1      Introduction

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.

 

1.1     APOLOGIES

 

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   

1.2     OPENING PRAYER

ANDREW WRATTEN OF THE MOUNTAIN HOPE CHURCH LED THE COUNCIL IN PRAYER

1.3     ACKNOWLEDGEMENT OF COUNTRY

 

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

Nil

 2      Mayoral Minutes

2.1     Chief Executive Officer - Performance Review Panel

TRIM Reference:        2020/265

RESOLVED - 20/042                                                                          Cr S Nugent/Cr J Hamling

That Council:

1     Establishes a Chief Executive Officer Performance Review Panel consisting of the Mayor (Cr Reg Kidd), Deputy Mayor (Cr Sam Romano), a Councillor appointed by the Chief Executive Officer and a Councillor appointed by Council.

2     Acknowledges the appointment of Cr Joanne McRae as the Chief Executive Officer’s nomination for the panel.

3     Appoint Councillor Kevin Duffy, who has completed the General Manager Performance Appraisal Training, to be included on the Chief Executive Officer’s Performance Review Panel.

4     Delegates the Performance Review of the Chief Executive Officer to the Chief Executives Performance Review Panel.

 

For: Unanimous

Against: Nil

Absent: Cr Previtera, Cr Munro 

 

3       Confirmation of Minutes of Previous Meeting

RESOLVED - 20/043                                                                             Cr J Whitton/Cr K Duffy

That the Minutes of the Ordinary Meeting of Orange City Council held on 4 February 2020 (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 4 February 2020.

For: Unanimous

Against: Nil

Absent: Cr Previtera, Cr Munro 

 

MATTERS ARISING

Cr Duffy requested a report be provided to Councillors regarding the 600 ML licence out of the Macquarie Pipeline.

 

Cr Taylor requested information be provided to Councillors clarifying the purpose for draining and refilling the duck pond in Cook Park as he considered there to be conflicting accounts between information reported in the CWD and information relayed by staff to Councillors.

 


 

4       Notices of Motion/Notices of Rescission

Nil

 

5       General Reports

5.1     Recommendations and Resolutions from Policy Committees

TRIM Reference:        2020/184

RESOLVED - 20/044                                                                             Cr R Turner/Cr T Mileto

1        That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 4 February 2020 be noted.

2        That the resolutions made by the Infrastructure Policy Committee at its meeting held on 4 February 2020 be noted.

3        That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 4 February 2020 be noted.

4        That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 4 February 2020 be noted.

5        That the resolutions made by the Services Policy Committee at its meeting held on 4 February 2020 be noted.

 

For: Unanimous

Against: Nil

Absent: Cr Previtera, Cr Munro   

 

5.2     Statement of Investments - December 2019

TRIM Reference:        2020/3

RESOLVED - 20/045                                                                            Cr J McRae/Cr S Nugent

That Council resolves:

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

2        To adopt the certification of the Responsible Accounting Officer.

 

For: Unanimous

Against: Nil

Absent: Cr Previtera, Cr Munro 


 

 

5.3     Statement of Investments - January 2020

TRIM Reference:        2020/174

RESOLVED - 20/046                                                                        Cr J Hamling/Cr S Romano

That Council resolves:

1        To note the Statement of Investments as at 31 January 2020.

2        To adopt the certification of the Responsible Accounting Officer.

 

For: Unanimous

Against: Nil

Absent: Cr Previtera, Cr Munro

 

5.4     Quarterly Budget Review and Progress Report - Quarter 2 of 2019/20

TRIM Reference:        2020/24

RESOLVED - 20/047                                                                           Cr J Whitton/Cr J McRae

That Council resolve:

1        That the information provided in the report on the quarterly budget and performance indicators review for October to December 2019 be acknowledged.

2        The bank reconciliation statement be acknowledged.

3        To adopt favourable variations in the consolidated overall cost to council arising from the December 2019 quarterly review amounting to $3,488,132.

 

For: Unanimous

Against: Nil

Absent: Cr Previtera, Cr Munro 

 

CR KIDD CONGRATULATED ALL STAFF INVOLVED IN THE FINANCIAL PERFORMANCE

 

MATTERS ARISING

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.

 


 

 

5.5     LGNSW Tourism Conference 2020

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.

 

For: Unanimous

Against: Nil

Absent: Cr Previtera, Cr Munro

 

5.6     2020 National General Assembly of Local Government - Call for Motions

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.

 

For: Unanimous

Against: Nil

Absent: Cr Previtera, Cr Munro

 

5.7     Development Application - DA 332/2019(1) - 185 Leeds Parade

TRIM Reference:        2020/250

RESOLVED - 20/050                                                                           Cr J Hamling/Cr G Taylor

That Council consents to development application DA 332/2019(1) for Highway Service Centre, Business Identification Signage, Demolition (remnant farm buildings), Tree Removal, Road and Drainage at Lot 4 DP 1185665 - 185 Leeds Parade, Orange pursuant to the conditions of consent in the attached Notice of Approval.

 

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.

  


Council Meeting                                                                                              3 March 2020

4       Notices of Motion/Notices of Rescission

Nil


Council Meeting                                                                                              3 March 2020

 

 

5       General Reports

5.1     Register of Delegations

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.

 

 

Recommendation

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

Attachments

1          Register of Delegations to the Chief Executive Officer (General Manager) - February 2020, D19/66753   


Council Meeting                                                                                                                        3 March 2020

Attachment 1      Register of Delegations to the Chief Executive Officer (General Manager) - February 2020

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Council Meeting                                                                                              3 March 2020

 

 

5.2     Strategic Policy Review

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.

 

Recommendation

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.

 

Attachments

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

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Council Meeting                                                                                                                      3 March 2020

Attachment 2      DRAFT - Strategic Policy - ST029 - Donations and Grants

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Council Meeting                                                                                                                      3 March 2020

Attachment 3      DRAFT - Strategic Policy - ST144 - Event Sponsorship Program

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Council Meeting                                                                                                                      3 March 2020

Attachment 4      DRAFT - Strategic Policy - ST088 - Fraud and Corruption Prevention

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Council Meeting                                                                                              3 March 2020

6     Closed Meeting – NO CLOSED ITEMS