Ordinary Council Meeting
Agenda
16 June 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 Via online video conferencing platform Zoom on Tuesday, 16 June 2020 commencing at 7.00pm.
David Waddell
Chief Executive Officer
For apologies please contact Administration on 6393 8218.
Council Meeting 16 June 2020
1.1 Apologies and Leave of Absence
1.2 Livestreaming and Recording
1.4 Acknowledgement of Country
3 Confirmation of Minutes of Previous Meeting
3.1 Minutes of the Ordinary Meeting of Orange City Council held on 02 June 2020
4 Notices of Motion/Notices of Rescission
4.1 Rescission Motion - Removal of No-Fishing Sign, Ploughmans Creek Wetlands
4.2 Notice of Motion - Rowing on Spring Creek Reservoir - Orange Community Rowing Club
4.3 Notice of Motion - Orange Showground Toilet and Canteen Facilities Meeting
5.1 Recommendations and Resolutions from Policy Committees.
5.2 Statement of Investments - May 2020
5.3 Employment of Apprentices, Trainees and Cadets at Council
5.4 Synthetic Turf Within Road Verges
5.5 Orange
Regional Gallery Extension
6 Closed Meeting - See Closed Agenda
6.1 Acquisition of Easement - Spring Creek/Icely Road Pipeline - Lot 111 DP 736116
6.2 Acquisition of Easement - Stage 4 Southern Feeder Road - Lot 44 DP788920
6.3 Visy Recycling and JR Richards & Sons Proposed Recyclables Supply Agreement
6.4 Initiatives to Support CBD businesses
7 Resolutions from closed meeting
1 Introduction
1.1 Apologies and Leave of Absence
1.2 LIVESTREAMING AND RECORDING
This Council Meeting is being livestreamed and recorded. By speaking at the Council Meeting you agree to being livestreamed and recorded. Please ensure that if and when you speak at this Council Meeting that you ensure you are respectful to others and use appropriate language at all times. Orange City Council accepts no liability for any defamatory or offensive remarks or gestures made during the course of this Council Meeting. A recording will be made for administrative purposes and will be available to Councillors.
1.4 Acknowledgement of Country
1.5 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.
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Recommendation It is recommended that Councillors now disclose any conflicts of interest in matters under consideration by the Council at this meeting. |
3 Confirmation of Minutes of Previous Meeting
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RECOMMENDATION That the Minutes of the Ordinary Meeting of Orange City Council held on 2 June 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 2 June 2020. |
Attachments
1 Minutes of the Ordinary Meeting of Orange City Council held on 2 June 2020
ORANGE CITY COUNCIL
MINUTES OF THE
Ordinary Council Meeting
HELD IN Via online video conferencing platform Zoom
ON 2 June 2020
COMMENCING AT 7.00pm
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 Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner, Cr J Whitton
Chief Executive Officer, Acting Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Financial Services, Manager Engineering Services, Governance Coordinator, Administration Officer – Governance
1.1 APOLOGIES
Nil
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
Cr R Kidd declared a less than significant non-pecuniary interest in item 2.2 of the Finance Policy Committee (Request for Financial Assistance – Duntryleague Golf Club) as he and his wife are members of Duntryleague.
Cr J Hamling declared a less than significant non-pecuniary interest in item 2.2 of the Finance Policy Committee (Request for Financial Assistance – Duntryleague Golf Club) as he is a member of Duntryleague.
Cr J McRae declared a less than significant non-pecuniary interest in item 2.4 of the Planning and Development Committee (Heritage Study Review) as a property she owns is on the amended heritage list.
2 Mayoral Minutes
Nil
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.02PM
OPEN FORUM
Holly Manning
Ms Manning spoke on the Orange Farmers Markets.
Neil Jones (CCL - 4.1 – Notice of Motion – Removal of No Fishing Sign, Ploughmans Creek Wetlands)
Mr Jones spoke against the motion.
Amanda Rasmussen (PDC – 2.3 – DA 54/2020(1) – 153-157 Peisley Street)
Ms Rasmussen spoke in favour of the development.
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.23PM
COUNCIL – ITEM 4.2 – REMOVAL OF EVENT CAMPING IN THE RESOLUTION ON GOSLING CREEK
Cr Previtera withdrew this Notice of Motion.
3 Confirmation of Minutes of Previous Meeting
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.24PM
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.23PM
4 Notices of Motion/Notices of Rescission
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Munro, Cr Previtera, Cr Romano, Cr Taylor, Cr Whitton
Against: Cr Mileto, Cr McRae, Cr Nugent, Cr Turner
Absent: Nil
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TRIM Reference: 2020/851 |
5 General Reports
** Cr Previtera left the meeting due to technical issues with the time being 8.49pm. **
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TRIM Reference: 2020/754 |
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RESOLVED - 20/155 Cr R Turner/Cr J McRae That Orange City Council do not pay for membership in the Murray Darling Association.
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For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Previtera
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Previtera
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Cr Taylor raised an issue relating to parking. It was advised that a number of matters were due to proceed to the City of Orange Traffic Committee. |
** Cr Previtera came back into the meeting with the time being 9.05pm. **
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TRIM Reference: 2020/655 |
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RESOLVED - 20/157 Cr K Duffy/Cr J Hamling That the OC FutureCity Planning and Design Framework/Strategy and associated documents be placed on exhibition for 40 days.
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For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
** Cr Romano went out of the room with the time being 9.28pm. **
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Cr Munro requested that staff report on how Councillors conduct themselves regarding Social Media and maybe get training on how they conduct themselves in regards to comments.
Cr Kidd advised that all Councillors can access training of their choice. |
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.
** Cr Kidd left the meeting due to technical issues with the time being 9.32pm. **
The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 9.34pm.
** Cr Romano came back into the room with the time being 9.34pm. **
The Mayor declared the Ordinary Meeting of Council resumed at 9.43pm.
7 Resolutions from Closed Meeting
The Chief Executive Officer and Director Development Services read out the following resolutions made in the Closed Meeting of Council.
For: Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Kidd
** Cr
Kidd came back into the room with the time being 9.36pm. **
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
The Meeting Closed at 9.48PM
This is Page Number 13 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 2 June 2020.
4 Notices of Motion/Notices of Rescission
RECORD NUMBER: 2020/907
We, Cr Stephen Nugent, Cr Joanne McRae and Cr Tony Mileto wish to move the following Notice of Rescission at the Council Meeting of 16 June 2020:
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That Council rescind the following resolution of the Council Meeting of 2 June 2020:
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Signed Cr Stephen Nugent Cr Joanne McRae Cr Tony Mileto
STAFF COMMENT
Wetlands Management Plan
A Plan of Management was developed in 2005, exhibited and public hearings conducted during 2006 and adopted by Council on 14 November 2006.
The Plan of Management focused on the establishment of the Wetland and surrounding amenity. The plan’s objectives for the Wetlands are detailed on page 7 and were focused on management that was:
a. to protect the biodiversity and ecological values of wetlands, with particular reference to their hydrological environment (including water quality and water flow), and to the flora, fauna and habitat values of the wetlands;
b. to restore and regenerate degraded wetlands;
c. to facilitate community education in relation to wetlands, and the community use of wetlands, without compromising the ecological values of wetlands;
d. to promote the management of the land in a manner that protects and enhances the values and quality of the land and facilitates public enjoyment of the land, and to implement measures directed to minimising or mitigating any disturbance caused by human intrusion, and
e. to protect existing landforms such as natural drainage lines, watercourses and foreshores.
Fishing was not contemplated in the Plan of Management.
A further operational plan was developed in 2013 titled The Ploughman’s Valley Catchment Wetland Management Plan “PVCW MP” (D13/20809). This plan was developed in a joint venture with Parkland Planners, which covers all of Council's wetlands constructed in the millennium drought period (Ploughmans, Coogal Parklands, Brooklands and Somerset Park).
The broader context of the document recognised the continued development of the wetlands, its community use and ongoing management.
A strong focus was to continue to protect the vegetation surrounding each wetland which has significant importance for both water quality and also to act as a safety barrier to prevent children inadvertently accessing the water bodies.
Fishing
Whilst technically a permissible activity under the PVCW MP community fishing was not implemented due to the need to protect the foreshore and vegetation. Fish stocking programs were not undertaken and until recently, fish had not migrated to the wetlands.
Should fishing be promoted, it is recommended that it needs to be undertaken in a controlled sense to minimise the incidental damage and to retain the integrity and functionality of the aquatic vegetation planted around the wetlands. Control in the form of ‘at which locations’ around the wetland and how users access the water’s edge should be implemented.
It is recommended that this control could be managed by either providing a gravel access point to an area of rip rap stone or an elevated fishing platform over the water’s edge. The site can be managed through signage indicating where fishing is permitted to occur.
Maintenance staff could determine where the most appropriate locations for establishing fishing permissible areas are (i.e. access to the water’s edge) which has less fringe vegetation and with gently sloping banks to the water’s edge. An elevated platform would permit fringe vegetation to remain generally intact and clearly identify permissible access points which could be linked back to the existing path network.
1 Plan of Management - Ploughmans Valley, D05/19048⇩
2 Ploughmans Valley Catchment Wetland Management Plan - September 2013, D20/33671⇩
Council Meeting 16 June 2020
Attachment 1 Plan of Management - Ploughmans Valley
PLAN OF MANAGEMENT
FOR
PLOUGHMANS VALLEY
Adopted by Council on 13 November 2006
134/509/250/1/1/1
1 Ploughmans Valley Plan of Management
2 Land Covered Under this Plan of Management
3 Category of the Land
4 Owner of the Land
5 Management of the Land
5.1 Park
§ Objectives
§ Methods
§ Assessment
5.2 Natural Area - Wetland
§ Objectives
§ Methods
§ Assessment
5.3 Natural Area - Watercourse
§ Objectives
§ Methods
§ Assessment
6 Future Use of the Land
7 Plan Implementation
1 PLOUGHMANS VALLEY PLAN OF MANAGEMENT
Proposed Amendment No 3 to Orange Local Environmental Plan 2000 involves (among other matters) the reclassification of certain Council lands within the Ploughmans Valley urban release area from community land to operational land under the Local Government Act 1993.
In consideration of proposed Amendment No 3, Council, at its meeting held on 19 August 2004, resolved:
1 That consideration of the reclassification of land located on the corner of Cargo Road and Ploughmans Lane (wetlands area) be deferred… pending an independent investigation into environmental and social impacts of the Ploughmans Creek sub-catchment through to Molong Road.
2 That this information be incorporated into a Plan of Management for the subject area.
The investigation referred to in (1) above was undertaken by Geolyse Pty Ltd and the Western Research Institute between November 2004 and January 2005. In consideration of the findings of the investigation, Council, at its meeting held on 3 February 2005, resolved:
1 That the land the subject of future residential subdivision, described as Lot 1 DP 214645 (the most southern parcel) be reclassified to Operational land. The 'wetland site' described as Lot 1 DP 997063 and Lot B DP 150805 will retain its Community status.
2 That the findings of the Environmental and Social Impacts Investigation provide a frame of reference in consideration of the proposed reclassification of certain lands (Lot 1 DP 997063, Lot B DP 150805 and Lot 1 DP 214645) from Community to Operational.
3 That the findings of the Environmental and Social Impacts Investigation provide a frame of reference for preparation of a future Plan of Management for Community land along Ploughmans Creek south of Molong Road.
4 That subject to the Recommendations above, Council adopt draft Orange Local Environmental Plan (Amendment No 3).
Pursuant to Section 36(1) of the Local Government Act 1993, plans of management must be prepared for all community land. In accordance with the above resolutions of Council, this plan comprises the Ploughmans Valley Plan of Management in respect of community land adjacent to Ploughmans Creek, between Molong Road in the north and the railway line in the south.
2 LAND COVERED UNDER THIS PLAN OF MANAGEMENT
This Plan of Management applies to community land adjacent to Ploughmans Creek between Molong Road in the north and the railway line in the south (see attached map to which this plan applies). The subject land parcels are located and described as follows:
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Location |
Lot / DP |
Ref |
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Stirling Avenue |
Lot 200 DP 1071901 |
19866 |
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Lot 226 DP 1071901 |
19892 |
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'Wetland', Ploughmans Lane |
Lot B DP 150805 |
15022 |
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Lot 1 DP 997063 |
2243 |
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Wilima Walk, between Cargo Rd & Riawena Oval |
Lot 239 DP 238474 |
15278 |
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Wilima Walk, between Riawena Oval & Forbes Rd |
Lot 317 DP 252984 |
15276 |
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Lot 400 DP 600872 |
15275 |
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Lot 258 DP 251170 |
4027 |
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Ploughmans Creek, between Forbes Rd & Glendale Cres |
Lot 103 DP1011992 |
17548 |
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Lot 57 DP 733903 |
6172 |
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Lot 28 DP 840025 |
15621 |
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Lot 78 DP 791356 |
11058 |
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Lot 112 DP 731758 |
11112 |
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Lot 166 DP 788533 |
11058 |
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Lot 13 DP 825013 |
13327 |
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Ploughmans Creek, between Glendale Cres & Northern |
Lot 166 DP788533 |
11059 |
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Distributor Road (NDR) |
Lot 14 DP 825013 |
13324 |
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Lot 36 DP 829469 |
13353 |
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Lot 89 DP 814901 |
11072 |
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Lot 134 DP 818191 |
13174 |
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Lot 65 DP 833842 |
14405 |
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Lot 6 DP 786647 |
13654 |
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Lot 159 DP 844278 |
15768 |
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Ploughmans Creek, between Northern Distributor Road & |
Lot 20 DP 1076334 |
20001 |
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Molong Road |
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Pursuant to Section 36(4) of the Local Government Act 1993, the community land to which this Plan of Management applies is categorised as follows:
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Location (as described above) |
Category |
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Stirling Avenue |
Park |
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'Wetland', Ploughmans Lane |
Natural Area - Wetland |
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Wilma Walk, between Cargo Rd & Riawena Oval |
Park |
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Wilma Walk, between Riawena Oval & Forbes Rd |
Natural Area- Watercourse |
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Ploughmans Creek, between Forbes Rd & Glendale Cres |
Natural Area - Wetland |
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Ploughmans Creek, between Glendale Cres & NDR |
Natural Area - Watercourse |
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Ploughmans Creek, between NDR & Molong Road |
Park |
Maps of the community land are attached.
4 OWNER OF THE LAND
The community land to which this Plan of Management applies is owned by Orange City Council.
5 MANAGEMENT OF THE LAND
The land to which this Plan of Management applies is used and managed in accordance with the objectives and methods outlined below.
Objectives
The community land categorised as Park shall be managed in accordance with the following objectives:
(a) to encourage, promote and facilitate recreational, cultural, social and educational pastimes and activities, and
(b) to provide for passive recreational activities or pastimes and for the casual playing of games, and
(c) to improve the land in such a way as to promote and facilitate its use to achieve the other core objectives for its management, and
(d) to promote the management of the land in a manner that protects and enhances the values and quality of the land and facilitates public enjoyment of the land, and to implement measures directed to minimising or mitigating any disturbance caused by human intrusion, and
(e) to protect existing landforms such as natural drainage lines, watercourses and foreshores.
Methods
The objectives shall be implemented by the following strategies / methods:
1 To encourage community ownership and use of the park
2 To enhance the aesthetic value of the park
3 To provide opportunities for passive and active recreation
4 To consider the principles of Crime Prevention Through Environmental Design
5 To enhance the native flora and fauna attributes of the park
Assessment
The strategies will be achieved by the following actions / performance measures:
§ Provide recreational and amenity facilities/ infrastructure including children's play equipment and park furniture (tables, seats, benches, rubbish bins); provide for ongoing park improvements in Council's Management Plan
§ Maintain equipment and facilities in a manner that allows safe and continuing use; implement a regular park inspection program and monitor incident reporting on Council's request system
§ Establish and maintain landscaping of native plantings, consistent with plantings in the wetland areas; implement a regular park inspection program.
§ Control litter and weeds; provide prompt action to customer requests and undertake a regular park inspection program.
§ Provide pedestrian linkages (accessible path and cycleways) to adjoining community land; assess community satisfaction and park useability through resident surveys at Local Area Forums
§ Provide opportunities for public art with an emphasis on conservation and biodiversity, along pedestrian linkages; include land in Council's Public Art Policy
§ Ensure landscaping, lighting and equipment does not provide opportunities for concealment, anti-social behaviour or crime; monitor incident reporting to Council and Orange Police
§ Facilitate active community participation in planning, establishment and maintenance works for the park; establish a community advocate for monitoring and/or care of the park
Objectives
The community land categorised as Natural Area - Wetland shall be managed in accordance with the following objectives:
(a) to protect the biodiversity and ecological values of wetlands, with particular reference to their hydrological environment (including water quality and water flow), and to the flora, fauna and habitat values of the wetlands, and
(b) to restore and regenerate degraded wetlands, and
(c) to facilitate community education in relation to wetlands, and the community use of wetlands, without compromising the ecological values of wetlands, and
(d) to promote the management of the land in a manner that protects and enhances the values and quality of the land and facilitates public enjoyment of the land, and to implement measures directed to minimising or mitigating any disturbance caused by human intrusion, and
(e) to protect existing landforms such as natural drainage lines, watercourses and foreshores.
Methods
The objectives shall be implemented by the following strategies / methods:
1 To improve the ecological and biodiversity values of Ploughmans Creek by rehabilitation initiatives
2 To enhance the aesthetic value of Ploughmans Creek
3 To improve the hydrological health of Ploughmans Creek and catchment
4 To reduce stormwater runoff, peak flows and pollutant loads
5 To control and manage soil erosion
6 To encourage community participation in wetland design and management
7 To encourage community use of the wetland
Assessment
The strategies will be achieved by the following actions / performance measures:
§ Develop and implement a masterplan for the restoration and enhancement of Ploughmans Creek including constructed wetlands, riparian and adjacent potential grassy woodland-shrub zones, in stream zones, recreational and amenity facilities/ infrastructure and street-parkland plantings
§ Implement an appropriate constructed wetland design
§ Monitor and manage urban animal incursion (cats and dogs) into wetland areas; use of community surveillance and reporting on Council's request system
§ Develop and implement a feral animal control program (exotic fish, rabbit, fox, cat and dog) with particular emphasis on creek-line corridors; use of annual surveys to determine occurrence of feral animals
§ Implement a staged replacement of introduced trees species (willows, poplars, etc) adjacent to and/or fronting the wetland; provide for ongoing replacement program in Council's Management Plan
§ In conjunction with the Department of Natural Resources, investigate the feasibility of native fauna reintroductions to the wetlands in an urban environment, dependent on the availability of suitable habitat
§ Undertake annual fauna species counts and reporting in the State of the Environment Report
§ Construct appropriate drainage measures to convey stormwater runoff from adjoining residential areas to wetland areas
§ Extend existing drainage from adjoining residential lots to the constructed wetland area
§ Develop and implement water management strategies on land adjoining the wetlands to reduce stormwater runoff, peak flows and pollutant loads
§ Undertake quarterly water quality testing within the constructed wetland using a probe to monitor temperature, pH (acidity), electrical conductivity, dissolved oxygen and turbidity
§ Undertake annual water quality reporting in the State of the Environment Report
§ In conjunction with the Department of Natural Resources, develop and implement a plan to address stream incision along Ploughmans Creek
§ Require the preparation, implementation and enforcement of Erosion and Sediment Control Plans for development involving earthworks and excavations adjacent to the wetland areas
§ Maintain ongoing cooperation and consultation with Ploughmans Creek Wetland Action Group and other appropriate environmental, conservation and landcare groups
§ Facilitate active community participation in planning, establishment and maintenance works for the wetland areas
§ Undertake community education programs in wetland management, local biodiversity, etc
§ Provide recreational and amenity facilities/ infrastructure within and adjacent to the wetland to encourage community use
§ Provide pedestrian linkages (accessible path and cycleways) to adjoining community land
§ Encourage community participation in respect of monitoring for flora and fauna, water quality and quantity, etc
§ Assess community satisfaction through resident surveys at Local Area Forums, etc
Objectives
The community land categorised as Natural Area - Watercourse shall be managed in accordance with the following objectives:
(a) to manage watercourses so as to protect the biodiversity and ecological values of the instream environment, particularly in relation to water quality and water flows, and
(b) to manage watercourses so as to protect the riparian environment, particularly in relation to riparian vegetation and habitats and bank stability, and
(c) to restore degraded watercourses, and
(d) to promote community education, and community access to and use of the watercourse, without compromising the other core objectives of the category, and
(e) to promote the management of the land in a manner that protects and enhances the values and quality of the land and facilitates public enjoyment of the land, and to implement measures directed to minimising or mitigating any disturbance caused by human intrusion, and
(f) to protect existing landforms such as natural drainage lines, watercourses and foreshores.
Methods
The objectives shall be implemented by the following strategies / methods:
1 To improve the hydrological health of Ploughmans Creek and catchment
2 To reduce stormwater runoff, peak flows and pollutant loads
3 To control and manage soil erosion
4 To encourage community use of the watercourse
Assessment
The strategies will be achieved by the following actions / performance measures:
§ Investigate the feasibility of undertaking a macroinvertebrate study to identify stormwater runoff, flows and pollutant loads pre- and post- the constructed wetland
§ Investigate Council-owned land north of Forbes Road to determine a conceptual wetland or stormwater basin layout to maximise downstream stormwater quality and reduce runoff, peak flows and pollutant loads. The investigation is subject to inclusion of the land as community land.
§ Investigate land upstream of Molong Road to determine its potential role for stormwater management. Likely structures could include an off-line wetland, retarding basin, etc.
§ Undertake quarterly water quality testing to monitor temperature, phosphorus, electrical conductivity, dissolved oxygen and turbidity
§ Undertake biannual sampling and laboratory analysis of water downstream of the constructed wetland to monitor Total Phosphorus, Total Nitrogen, heavy metals and pesticides
§ Undertake annual water quality reporting in the State of the Environment Report
§ Implement a stage replacement of introduced trees species (willows, poplars, etc) adjacent to and/or fronting Ploughmans Creek with native plantings
§ In conjunction with the Department of Natural Resources, develop and implement a plan to address stream incision along Ploughmans Creek
§ Require the preparation, implementation and enforcement of Erosion and Sediment Control Plans for developments involving earthworks and excavations adjacent to Ploughmans Creek
§ In conjunction with the Department of Natural Resources, investigate the feasibility of native fauna reintroductions along Ploughmans Creek, dependent on the availability of suitable habitat
§ Provide pedestrian linkages (accessible path and cycleways) to adjoining community land
§ Undertake community education programs in relation to access and use of the watercourse
Community land to which this Plan of Management applies shall be developed in accordance with the objectives and methods outlined above.
Development of the land in accordance with this Plan will provide open space linkages, passive and active recreation opportunities, ecological rehabilitation, biodiversity conservation, catchment hydrological improvements and stormwater management. The Plan will afford community participation and ownership in the development of social and environmental assets.
§ Future use of the land may be subject to a lease, licence or grant of any estate under the provisions of the Local Government Act 1993, between Council and an organisation, group or club. Use of the land in association with a lease, licence or grant shall complement the natural and modified ecological and hydrological environments, and be consistent with the objectives of the land categorisation, pursuant to this Plan of Management. Assessment (cont)
Development consent may or may not be required for the development of facilities and infrastructure identified in this Plan, pursuant to Orange Local Environmental Plan 2000 (amended) and the Environmental Planning and Assessment Act 1979.
7 PLAN IMPLEMENTATION
The achievement of the actions / performance measures in this plan will depend on the following:
§ The availability of funding and priorities set through Council's Management Plan (budgets)
§ The levying of development contributions towards capital improvements, open space and drainage works
§ The attainment of grants from public authorities including Catchment Management Authority, National Heritage Trust and the like.
The programming of activities will therefore be subject to the availability of funding resources at the Local, State and Federal levels.
It is acknowledged that the additional land will be included in the Plan of Management, including privately owned land proposed to be dedicated as public open space, and public land classified as operational, earmarked for future reclassification. The inclusion of additional lands will complete the localised Ploughmans Valley network, and allow for holistic management of the catchment. The Plan will be amended as required, in accordance with the Local Government Act 1993 to include additional land. Public participation is an important component.
Attachment 2 Ploughmans Valley Catchment Wetland Management Plan - September 2013
RECORD NUMBER: 2020/879
I, CR Reg Kidd wish to move the following Notice of Motion at the Council Meeting of 16 June 2020:
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That Orange City Council review and report on the feasibility of allowing organised, and supervised rowing on Spring Creek Reservoir to be called “Orange Community Rowing Club”.
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Background
The background notes below were written by an experienced international rowing coach and rowing mentor and Orange resident.
Reasons we need to establish an Orange Community Rowing Club:
1) The original proposal and approval for rowing to be allowed on Spring Creek was so that the people of Orange would have the opportunity to participate in the sport of rowing and one day have the possibility of the Oarsome Foursome coming from within the community of Orange.
2) The original Kinross Wolaroi Rowing Club was established as a legal entity under the auspices of Kinross Wolaroi School and the Uniting Church and recognised by NSW Rowing as an established club with constitutional voting rights and as a full NSW Rowing member.
Under this structure, people who did not attend the school would still be able to row on Spring Creek and could also compete for the Kinross Wolaroi Club once they had left the school. This meant that students from other schools, students from the local Universities as well as masters rowers would be able to row on Spring Creek and compete under the flag of the Kinross Wolaroi Rowing Club. Unfortunately I believe the school has now done away with the legal entity of the Kinross Wolaroi Rowing Club as originally established which now denies the club from full voting rights and representation at NSW Rowing meetings. It also means that the school will not accept rowers from other schools, universities nor masters rowers to row on Spring Creek and compete for the Kinross Wolaroi Club from Orange.
This being the case, it will be impossible for the oarsome foursome to ever come from Orange, which was one of the original intentions linked to the approval for Kinross Wolaroi School to row on Spring Creek. As students leaving Kinross Wolaroi are only 18 years old and are therefore young and inexperienced in international rowing terms, it is highly unlikely that a rower from the school could ever compete at the highest international level.
3) Unfortunately the manner in which the Kinross Wolaroi Rowing Club is currently operating is not in a format that is community based. It is therefore not operating in the best interest of developing rowing within the Orange community. There are a number of talented and interested people within the Orange community that are very interested in being involved in rowing. As stated above, the only available opportunity for them to be involved in rowing that now appears possible, including the future development of rowing within the Orange community is through the establishment of an Orange Rowing Club supported by the Orange City Council, local schools and universities and the Orange business community.
4) The requirements to establish a successful community based rowing club are as follows:
A) Receive support from the Orange City Council in relation to the use of Spring Creek
B) Be granted equal rights under the original environmental conditions set by Justice Bignall in 2003 for the use of Spring Creek as has been awarded to the Kinross Wolaroi Rowing Club
C) Be allotted a parcel of land within the precinct of Spring Creek and the Kinross Wolaroi shed to construct a rowing shed for the housing of boats and equipment for the Orange Community Club
D) To investigate the possibility of a financial contribution from Orange City Council towards the construction of the community based rowing shed
Signed Cr Reg Kidd
STAFF COMMENT
It is recommended that Council initiate discussions with Kinross Wolaroi School to determine possibility of expanding the current program to permit this activity.
The alternative is to revisit the previous rescinded motion where Council rescinded the previous motion to commence a process to permit additional activity on Spring Creek Dam. However this process would likely take several years without any certainty of a positive outcome. The rescission motion of 25 June 2019 follows for information.
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RESOLVED - 19/323 Cr J Whitton/Cr G Taylor That Council rescind the following resolution of the Council Meeting of 4 June 2019: 5.2 Recreational use of Spring Creek and Suma Park Dams RESOLVED - 19/313 Cr S Romano/Cr M Previtera That Council resolves to: 2 Commence the process to seek approval to permit access to Spring Creek Dam for non-powered and electric boating and fishing but not permit camping.
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Financial Implications
Nil
POLICY AND GOVERNANCE IMPLICATIONS
Nil
RECORD NUMBER: 2020/877
AUTHOR: Sam Romano, Cr
EXECUTIVE Summary
I am pleased to advise that a meeting was held with members of the Showground Committee at the Showground pavilion on Tuesday 26 May 2020. Attendees at the meeting included Morrie Meagher, Peter Naylor, Scott Maunder, Cr Sam Romano, Nick Redmond, Member for Orange Phil Donato, Cr Reg Kidd, and 2 additional attendees whose names were not recorded. This report is a summary of what was discussed at this meeting.
Financial Implications
The Showground project is dependent upon Government funding.
Policy and Governance Implications
Nil
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That the report on Orange Showground Toilet and Canteen Facilities meeting be noted. |
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
Discussions were held about:
· What grants have Orange City Council applied for the Showground?
· What is the budget for Canteen/Toilet block at Showground and who provided this?
· Will Orange City Council contribute $200,000 towards this?
· Should this be advertised and design and construct proposals be obtained from local contractors and suppliers, on Tenderlink as per Council website.
· Amenities; Toilets, male, female and accessible. Showers?
· What type of events?
A Safe Driving education
B Emergency Services training
C Exhibitions (Art, Sport, CWA, Camping etc...)
D Archery, Bird and poultry, Farm machines.
· How do we make this part of COVID 19 recovery with State Government?
· How will this operate (Show Society?)
· Federal assistance support money?
· Need Andrew Gee to commit to Federal funding for Showground upgrade.
· We need to support farmers and have facilities so they can rebuild rural shows.
Outcome
The outcome was very positive where Phil Donato stated that he will meet with Minister Melinda Pavey regarding State funding for this project.
TRIM REFERENCE: 2020/908
AUTHOR: Nick Redmond, Acting Director Corporate and Commercial Services
EXECUTIVE SUMMARY
Council’s Policy Committees (Planning and Development Committee, Employment and Economic Development Policy Committee, Infrastructure Policy Committee, Sport and Recreation Policy Committee, Environmental Sustainability Policy Committee, Finance Policy Committee and Services Policy Committee) have delegation to determine matters before those Committees, with the exception of items that impact on Council’s Delivery Operational Plan.
This report provides minutes of the Policy Committees held since the last meeting. Resolutions made by the Committees are for noting, and Recommendations are presented for adoption or amendment by Council.
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
Nil
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1 That the resolutions made by the Planning and Development Committee at its meeting held on 2 June 2020 be noted. 2 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 2 June 2020 be noted. 3 That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 2 June 2020 be noted. 4 That the resolutions made by the Finance Policy Committee at its meeting held on 2 June 2020 be noted. |
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
Planning and Development Committee
At the Planning and Development Committee meeting held on 2 June 2020, all resolutions were made under delegation, and the minutes are presented for noting.
Infrastructure Policy Committee
At the Infrastructure Policy Committee meeting held on 2 June 2020, all resolutions were made under delegation, and the minutes are presented for noting.
Environmental Sustainability Policy Committee
At the Environmental Sustainability Policy Committee meeting held on 2 June 2020, all resolutions were made under delegation, and the minutes are presented for noting.
Finance Policy Committee
At the Finance Policy Committee meeting held on 2 June 2020, all resolutions were made under delegation, and the minutes are presented for noting.
1 PDC 2 June 2020 Minutes, 2020/882⇩
2 IPC 2 June 2020 Minutes, 2020/883⇩
3 ESPC 2 June 2020 Minutes, 2020/884⇩
4 FPC 2 June 2020 Minutes, 2020/885⇩
Planning and Development Committee 16 June 2020
Attachment 1 PDC 2 June 2020 Minutes
ORANGE CITY COUNCIL
MINUTES OF THE
Planning and Development Committee
HELD IN Via online video conferencing platform Zoom
ON 2 June 2020
COMMENCING AT 7.24PM
Attendance
Cr R Turner (Chairperson), Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr J Whitton
Chief Executive Officer, Acting Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Financial Services, Manager Engineering Services, Governance Coordinator, Administration Officer – Governance
APOLOGIES AND LEAVE OF ABSENCE
Nil
1.1 DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS
Cr J McRae declared a less than significant non-pecuniary interest in Item 2.4 - Heritage Study Review - as a property she owns is on the amended heritage list.
2 General Reports
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2.1 Items Approved Under the Delegated Authority of Council TRIM Reference: 2020/728 |
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RESOLVED - 20/146 Cr J Whitton/Cr R Kidd That Council resolves to acknowledge the information provided in the report by the Manager Development Assessments on Items Approved Under the Delegated Authority of Council.
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For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
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2.2 Planning Proposal to amend Orange Local Environmental Plan 2011 - rezoning of 185 Leeds Parade TRIM Reference: 2020/750 |
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RESOLVED - 20/147 Cr J Whitton/Cr S Munro 1 That Council resolve to support the planning proposal, enabling the matter to be progressed through to the Gateway process; with staff to forward the matter to the Department of Planning, Industry and Environment for assessment. 2 That the matter then proceed in accordance with any requirements or conditions of a Gateway Determination before being returned to Council once the public and agency consultations have been concluded. 3 That Council require the site to be subject to a Development Control Plan in the form of a masterplan that addresses: · Urban design outcomes with respect to the presentation of the site to the frontages of Leeds Parade and the Northern Distributor Road. · Measures to address potential acoustic impacts emanating from the site. · Pedestrian and cyclist linkages and permeation of and through the site. · Size, height and number limits on the extent of pylon signs, as well as appropriate and preferred locations for such signs. 4 That the proponent be advised of the need to prepare a masterplan addressing the above matters, to enable future development of the site to proceed in an orderly manner.
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For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
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2.3 Development Application DA 54/2020(1) - 153-157 Peisley Street, Orange TRIM Reference: 2020/818 |
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RESOLVED - 20/148 Cr S Nugent/Cr J Hamling That Council consents to development application DA 54/2020(1) for Recreation Facility (indoor) (change of use) at Lot 2 DP 535024 - 153-157 Peisley Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.
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|
Division of Voting |
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|
Voted For |
Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner, Cr J Whitton |
|
Voted Against |
Nil |
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Absent |
Nil |
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2.4 Heritage Study Review TRIM Reference: 2020/819 |
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Cr J McRae declared a less than significant non-pecuniary interest in this item as a property she owns is on the amended heritage list, removed herself from the room for this item, and took no part in the debate or voting on this matter. |
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RESOLVED - 20/149 Cr S Nugent/Cr R Kidd That the Draft Heritage Study Review May 2020 prepared by David Scobie Architects and Adaptive Architects be placed on public exhibition for a period of 40 days.
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For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr McRae
The Meeting Closed at 7.35PM.
Attachment 2 IPC 2 June 2020 Minutes
ORANGE CITY COUNCIL
MINUTES OF THE
Infrastructure Policy Committee
HELD IN Via online video conferencing platform Zoom
ON 2 June 2020
COMMENCING AT 7.35pm
1 Introduction
Attendance
Cr J Whitton (Chairperson), Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner
Chief Executive Officer, Acting Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Financial Services, Manager Engineering Services, Governance Coordinator, Administration Officer – Governance
APOLOGIES AND LEAVE OF ABSENCE
Nil
1.1 DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS
Nil
2 General Reports
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2.1 Current Works TRIM Reference: 2020/783 |
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RESOLVED - 20/150 Cr R Kidd/Cr S Munro That Council resolves to note the report on Current Works.
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For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
MATTER ARISING – FARMERS MARKETS
** Cr Duffy left the meeting due to technical issues with the time being 7.56pm**
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RESOLVED - 20/151 Cr J Hamling/Cr S Nugent That Council resolves to allow the Farmers Markets to return to the Naylor Pavilion from 13 June 2020 subject to following current COVID19 restrictions.
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For: Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton
Against: Cr Kidd, Cr Previtera, Cr Romano
Absent: Cr Duffy
The Meeting Closed at 7.57PM.
Attachment 3 ESPC 2 June 2020 Minutes
ORANGE CITY COUNCIL
MINUTES OF THE
Environmental Sustainability Policy Committee
HELD IN Via online video conferencing platform Zoom
ON 2 June 2020
COMMENCING AT 7.58pm
1 Introduction
Attendance
Cr M Previtera (Chairperson), Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), , Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr G Taylor, Cr R Turner, Cr J Whitton
Chief Executive Officer, Acting Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Financial Services, Manager Engineering Services, Governance Coordinator, Administration Officer – Governance
** Cr K Duffy was not present for this meeting due to technical issues. **
APOLOGIES AND LEAVE OF ABSENCE
Nil
1.1 DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS
Nil
2 General Reports
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2.1 Council's Position on Climate Change - Update to CNSWJO TRIM Reference: 2020/822 |
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RESOLVED - 20/151 Cr S Nugent/Cr R Kidd That the report on Council’s Position on Climate Change and advice on programming be noted.
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For: Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Duffy
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MATTER ARISING The Mayor requested that information be provided to the media on Council’s progress in regard to solar energy. |
The Meeting Closed at 8.01PM.
Attachment 4 FPC 2 June 2020 Minutes
ORANGE CITY COUNCIL
MINUTES OF THE
Finance Policy Committee
HELD IN Via online video conferencing platform Zoom
ON 2 June 2020
COMMENCING AT 7.00pm
1 Introduction
Attendance
Cr J Whitton (Chairperson), Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner
Chief Executive Officer, Acting Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Governance Coordinator, Manager Corporate Governance, Administration Officer Governance, Manager Financial Services, Manager Engineering Services.
** Cr Duffy arrived back in the meeting with the time being 8.01pm**
APOLOGIES AND LEAVE OF ABSENCE
Nil
1.1 DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS
Cr R Kidd declared a less than significant non-pecuniary interest in Item 2.2 - Request for Financial Assistance – Duntryleague Golf Club, as he and his wife are members of Duntryleague.
Cr J
Hamling declared a less than significant non-pecuniary interest in Item 2.2 -
Request for Financial Assistance – Duntryleague Golf Club, as he is a
member of Duntryleague.
2 General Reports
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2.1 Request for Financial Assistance - Lifeline Central West TRIM Reference: 2020/815 |
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RESOLVED - 20/152 Cr R Kidd/Cr R Turner That Council resolves: 1 That a donation of $15,709.89 be made from the Small Donations Program to Lifeline Central West (increased services to the vulnerable in the community due to COVID‑19). 2 That Council's intention to donate $15,709.89 to Lifeline Central West be placed on public exhibition for 28 days. 3 That Council's Chief Executive Officer be given delegation to finalise determination for the Donation to Lifeline Central West post exhibition. 4 That Lifeline be invited to do a presentation to Council to include how Council can assist to support further adequate resource funding for Lifeline across the State.
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For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Nil
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2.2 Request for Financial Assistance - Duntryleague Golf Club TRIM Reference: 2020/849 |
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Cr R Kidd declared a less than significant non-pecuniary interest in this Item, as he and his wife are members of Duntryleague, and stayed in the room for this item. Cr J Hamling declared a less than significant non-pecuniary interest in this Item, as he is a member of Duntryleague, and stayed in the room for this item. |
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RESOLVED - 20/153 Cr S Munro/Cr R Turner That Council resolves: 1 To support the diversion of stormwater from Woodward Road into Duntryleague; 2 That funding of $3,500 for the infrastructure and wages in addition to the Development Application Fees ($230) and Road Opening Permit Fees ($437.50) for the Duntryleague Golf Club Storm Water diversion be funded from Road Maintenance Fund. 3 That subject to the approval of a Development Application, Council: I. Undertake all survey work; II. Gift three x 600mm diameter storm water pipes; III. Reimburse Development Application fees; IV. Waive all Road Opening Permit fees; and V. Assist with the lodgement and approval of the RMS Road Occupancy License together with the Works Authorisation Deed as a contribution/works in kind. 4 To place the proposed allocation of funds to Duntryleague Golf Club on public exhibition for a minimum of 28 days (in accordance with section 356 of the Local Government Act 1993).
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For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Munro, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Cr McRae, Cr Mileto, Cr Nugent, Cr Previtera
Absent: Nil
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MATTER ARISING Cr Mileto asked to be provided with details of a previous loan agreement with the Club. |
The Meeting Closed at 8.22PM.
TRIM REFERENCE: 2020/898
AUTHOR: Julie Murray, Financial Accountant
EXECUTIVE SUMMARY
The purpose of this report is to provide a statement of Council’s investments held as at 31 May 2020.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “17.2 Collaborate - Ensure financial stability and support efficient ongoing operation”.
Financial Implications
Nil
Policy and Governance Implications
Nil
|
That Council resolves: 1 To note the Statement of Investments as at 31 May 2020. 2 To adopt the certification of the Responsible Accounting Officer.
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further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
Section 212(1) of the Local Government (General) Regulation 2005 requires that a written report be presented each month at an Ordinary Meeting of the Council detailing all money that Council has invested under Section 625 of the Local Government Act 1993.
As at 31 May 2020, the investments held by Council in each fund is shown below:
|
|
31/05/2020 |
30/04/2020 |
|
General Fund |
62,453,251.54 |
59,821,072.77 |
|
Water Fund |
59,165,456.69 |
59,290,632.67 |
|
Sewer Fund |
51,290,880.32 |
51,639,567.34 |
|
|
|
|
|
Total Funds |
172,909,588.55 |
170,751,272.78 |
A reconciliation of Council’s investment portfolio provides a summary of the purposes for which Council’s investments are being held. The summary is as follows:
The unrestricted cash position movements during the month are normal as projects commence and income is received. Movements may also arise following processing of income received between funds or into restricted assets to appropriately allocate for the purposes Council has determined. The movement in General Fund between Externally restricted and Internally restricted assets is due to the reclassification of the Financial Assistance Grants paid in advance being reclassified to internally restricted due to the grant being untied (ie it is not for a specific purpose). Council’s cashflow is monitored on a daily basis and some investments have been redeemed rather than rolled over to support requirements.
Portfolio Advice
Council utilises the services of an independent investment advisor in maintaining its portfolio of investments. Council’s current investment advisor is Imperium Markets, an independent asset consultant that works with wholesale investors to develop, implement and manage their investment portfolio. Imperium Markets is a leading provider of independent investment consulting services to a broad range of institutional investors including government agencies, superannuation funds and not-for-profit organisations.
Imperium Markets major services provided to Council include:
· Quarterly portfolio summary reports
· Advice on investment opportunities, in particular Floating Rate Note products
· Advice on policy construction
· Year-end market values for Floating Note Rate products held by Council.
Portfolio Performance
Council’s current Long Term Financial Plan establishes the benchmark for Council’s interest on investments at “75 basis points above the current cash rate”. The cash rate as at 31 May 2020 remained at 0.25 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 1.52 per cent which continues to exceed Council’s benchmark i.e. the cash rate of 0.25 per cent plus 0.75 per cent (or 75 basis points).
Council has also utilised the AusBond Bank Bill Index to provide a further benchmark focused towards long term investments. As at 31 May 2020, the AusBond rate was 0.97 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 1.52 per cent.
Council’s Investment Policy establishes limits in relation to the maturity terms of Council’s investments as well as the credit ratings of the institutions with whom Council can invest.
The following tables provide a dissection of Council’s investment portfolio as required by the Policy. The Policy identifies the maximum amount that can be held in a variety of investment products or with institutions based on their respective credit ratings.
Table 1 shows the percentage held by Council (holdings) and the additional amount that Council could hold (capacity) for each term to maturity allocation in accordance with limits established by Council’s Policy.
Table 1: Maturity – Term Limits
|
Term to Maturity Allocation |
Maximum |
Holding |
Remaining Capacity |
|
0 - 3 Months |
100.00% |
21.03% |
78.97% |
|
3 - 12 Months |
100.00% |
46.31% |
53.69% |
|
1 - 2 Years |
70.00% |
17.38% |
52.62% |
|
2 - 5 Years |
50.00% |
15.27% |
34.73% |
|
5+ Years |
25.00% |
0.00% |
25.00% |
Table 2 shows the total amount held, and the weighted average interest rate (or return on investment), by credit rating. The credit rating is an independent opinion of the capability and willingness of a financial institution to repay its debts, or in other words, the providers’ financial strength or creditworthiness. The rating is typically calculated as the likelihood of a failure occurring over a given period, with the higher rating (AAA) being superior due to having a lower chance of default. However, it is generally accepted that this lower risk will be accompanied by a lower return on investment.
Table 2 demonstrates that Council receives a lower return for its A rated and above investments than for those with ratings of B or less. The level of money held in the bank accounts has been added to the table to illustrate the ability of Council to cover the operational liabilities that typically occur (for example payroll, materials and contracts, utilities).
Table 2: Credit Rating Limits
|
Credit Rating |
Maximum |
Holding |
Remaining Capacity |
Value |
Return on Investment |
|
Bank Accounts |
100.00% |
7.64% |
92.36% |
$13,217,453.12 |
0.25% |
|
AAA |
100.00% |
0.00% |
100.00% |
N/A |
N/A |
|
AA |
100.00% |
25.30% |
74.70% |
$43,751,240.00 |
1.52% |
|
A |
60.00% |
36.38% |
23.62% |
$62,900,000.00 |
1.47% |
|
BBB & NR |
40.00% |
30.68% |
9.32% |
$53,040,895.43 |
1.60% |
|
Below BBB |
0.00% |
0.00% |
0.00% |
N/A |
N/A |
AMP Bank was downgraded by Standard and Poor’s from A to BBB during August 2019, thereby pushing the holdings of BBB rated products close to the maximum capacity. This situation continues to be monitored and will be addressed over time, by transferring across to A rated counterparties as the BBB rated investments fall due.
Certification by Responsible Accounting Officer
I, Jason Cooke, hereby certify that all investments have been made in accordance with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy.
RECORD NUMBER: 2020/852
AUTHOR: Michael Ridge, Manager Human Resources
EXECUTIVE Summary
At the Infrastructure Policy Committee Meeting on 12 May 2020, Cr Munro requested a report be brought back to Council on the number of Apprentices currently employed by Council and whether the number could be increased. This report provides an overview of the employment of Apprentices, Trainees and Cadets at Council and the potential for additional positions.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “15.3 Collaborate - Engage and train young people to develop our future leaders”.
Financial Implications
Nil – however, there will be additional costs if Council determines to increase the number of Apprentices, Trainees or Cadets employed by Council. Depending on the position the costs would range from approximately $25,000 to $57,000 per annum per position.
Policy and Governance Implications
Nil
|
That Council resolves to acknowledge the report by Manager Human Resources on the Employment number of Apprentices, Trainees and Cadets at Council.
|
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
Background
Orange City Council currently has 6 Apprentice, 9 Trainee, 7 Cadet and 8 School Based Trainee positions within its organisation structure (noting some positions are vacant). Council’s Apprentices and School Based Trainees are employed by Skillset and hosted at Council while Trainees and Cadets are employed directly by Council.
The current positions are:
· Horticultural Trainee X 4 (City Presentation)
· Greenkeeper Apprentice (City Presentation)
· Trainee Diploma Educator X 3 (Community Services/Children Services)
· Cadet Accountant X 2 (Financial Services)
· School Based Trainees X 8 (positions currently in Development Assessment, Human Resources, Information Technology, Children’s Services, Business Development). These positions were approved by Council at its meeting on 22 October 2019.
· Trainee Cadet Aboriginal Environmental Health Officer (Building and Environment)
· Trainee Drafting Officer X 2 (Engineering Services and Building and Environment)
· Apprentice Heavy Vehicle Mechanic (Depot, Airport and Emergency Services/Workshop)
· Apprentice Electrician X 2 (Building Services and Water and Sewer)
· Apprentice Plumber (Water and Sewer)
· Apprentice Carpenter (Building Services)
· Cadet Engineer X 4 (Water and Sewer, Works, Operations, Engineering Services)
The fourth cadet engineer is new for 2020. In addition, in the 2020/21 draft budget a Weeds Trainee and additional Apprentice Heavy Vehicle Mechanic are proposed.
Potential for Additional Positions
Council provides Apprenticeships across all our trade qualified sections with limited opportunity to add additional roles due to supervisory requirements by a Tradesperson.
There may be some opportunity to add additional Trainee positions across Council’s operations. Trainee’s study a Certificate II to Advanced Diploma and can work in a wide range of indoor and outdoor positions from Administration, Business Services, Community Services, Water Industry Operations and Civil Construction. Should Council determine to provide additional funding for Trainee positions consultation would then occur with Directors/Managers on which areas these could be accommodated. One immediate area without a change to the budget could be within the proposed expanded footpath construction budget for new concreters/civil traineeships.
RECORD NUMBER: 2020/855
AUTHOR: Jason Theakstone, Manager Engineering Services
EXECUTIVE Summary
Council is starting to receive an increase in the number of enquiries to install synthetic turf within Council’s road reserve. This report serves to recommend Council not allow the installation of artificial turf within the road reserves.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “9.1 Preserve - Construct and maintain a road network meets the community’s transport and infrastructure needs”.
Financial Implications
Nil
Policy and Governance Implications
Nil
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That Council resolves to: 1 Not allow the installation of synthetic turf on road reserves. 2 Require hydro seeding of the road verge in front of new dwellings if turf watering is unable to be maintained under current water restrictions. 3 That, should Council resolve to allow the installation of synthetic turf, staff develop an approval policy and installation guidelines for adoption.
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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
Due to the current water restrictions Council does not allow the watering of lawn/turf within the city and builders want to make their developments more “sellable” by placing lawn in front of the house. Council has also been approached by private owners in established areas requesting permission to install synthetic turf for presentation purposes. As a result builders and owners are requesting to install synthetic turf within Council’s road reserve.
Whilst it can be argued that the installation of synthetic turf does beautify the allotment, reduce the need for watering and stop erosion, it comes with some significant drawbacks and potential liability for Council;
1. Comparatively expensive and complex restoration where Council and other service provides (utilities suppliers) excavate through the road reserve post installation. Complete replacement of the synthetic surface following disturbance would often be required
2. The covering of hydrants and other critical infrastructure occurs
3. Stormwater gets trapped under the fabric and “balloons” the fabric
4. Synthetic turf reduces water infiltration and increases runoff into Council’s stormwater system
5. Increases the radiant heat of the streetscape
6. It can become a trip hazard and risk to the public if dislodged and not maintained
7. The fabric becomes vandalised or suffers general wear and tear
8. The fabric ages and fades
9. The builder installs the synthetic turf and the subsequent purchaser is unaware of the Council conditions and limitation of the artificial lawn.
10. To plant street trees synthetic turf must be cut and following the tree installation the turf should be re bonded to a hard edge otherwise the carpet may lift and become a trip hazard
11. The medium on which synthetic turf is laid is generally metal dust or similar. This medium is highly permeable and has generous pore spaces for oxygen. These two elements, water and oxygen, provide a ‘hot-bed’ matrix beneficial to the feeding root structure of trees. In many instances the roots will travel above the compacted in-situ soils; travelling through the gravel layer and lifting the carpet, creating multiple trip hazards within the road reserve (nature strip area where no footpaths are present).
12. Synthetic turf requires ongoing maintenance. It must have a sand or crumbed rubber infill to ensure that the pile stays upright. This infill can migrate due to the action of wind or water, especially on steeper road verges. Weeds can also grow through or on top of the synthetic turf.
Council’s subdivision code requires developers to hydro seed road verges when creating building allotments. The matrix of the hydro seed holds the road verge and prevents scours in most cases. Unfortunately when builders build houses in newly created subdivisions, the building activities destroy this grass.
Comparison is likely to be drawn to Council’s use of this type of surfacing in the past (>10yrs ago) on the likes of the Lords Place and Moulder Street roundabout islands and part of the verge. It should be noted that the synthetic turf is used in non-pedestrian trafficked locations and has not been repeated in any installations in the recent past.
RECORD NUMBER: 2020/933
AUTHOR: Scott Maunder, Director Community, Recreation and Cultural Services
EXECUTIVE Summary
The Orange Regional Gallery Extension will mark a new chapter in the Gallery’s history through the creation of new exhibition, engagement and conservation spaces.
Highlights of the extension include:
· a large new gallery space for contemporary art exhibitions with controllable natural lighting;
· a 75 seat lecture theatre and lobby for community engagement and education;
· a state of the art climate-controlled art storage and conservation area which will ensure the future growth and protection of our significant collections.
In August 2018, Orange Regional Gallery was granted $4,052,990 through the first round of the NSW Government’s Regional Cultural Fund to extend the Gallery by 1,070sqm. The extension is designed by Sydney firm Architect Marshall whose previous projects include the extension to the Museum of Contemporary Art in Sydney.
To enable the Gallery extension to reach its full potential, a fundraising campaign has been developed to enable the community to participate in supporting the extension.
This report details the opportunities that will be available to the community.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “4.3 Live - Maintain and renew cultural facilities and programs”.
Financial Implications
Nil
Policy and Governance Implications
Nil
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That Council adopt the Fundraising Strategy as detailed in this report. |
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
FUNDRAISING RATIONALE
The Gallery fundraising team have arrived at the Donor and Naming Right levels and fundraising strategy through extensive consultation with experts in the field.
Primarily we have been assisted by:
· The fundraising team at the Art Gallery of New South Wales who have been responsible for raising over $103,000,000 in community funds in addition to their State Government grant.
· Team leaders from Creative Partnerships Australia who provide detailed advice around community and corporate fundraising partnerships for Arts organisations.
· Colleagues from other Regional Galleries who have overseen successful fundraising campaigns related to their building projects
· Museums and Galleries NSW, the peak body for regional galleries in the state. They have provided advice and contacts.
These groups have advised us on a number of occasions and reviewed our material and strategy. They are also providing advice around protocol and media.
FUNDRAISING STRATEGY
The Gallery's fundraising campaign will be run via events, in print, online and via 1 to 1 meetings.
Phase 1: Naming Rights open.
Meetings and discussions with high level donors seeking naming rights for any of three of the spaces: the new Extension Gallery, the Lecture theatre and the refurbished smaller Gallery 2. (17 June 2020 and ongoing)
Phase 2: Donors board campaign launch.
Covid 19 Circumstances permitting, an event will be held in Gallery 1 to coincide with the turning of the first sod ceremony at the beginning of August. The Gallery's new website will be launched at the same time which will have the ability to receive donations of all amounts over $2 into the Gallery's Tax Deductible Gift fund. (1 August and then ongoing)
Phase 3: Theatre Seat Fundraiser.
Once the theatre structure has been constructed, the Gallery will make the purchase of the 75 seats available, prior to Christmas 2020. Seats will be available for $1,000 each and a plaque bearing the name of the donor will be installed on the back of the seat they selected.
FUNDRAISING LEVELS AND CATEGORIES
The Gallery's Tax Deductible Gift status is confirmed and a DGR fund has been established to receive donations. The technical means of donating online are now being finalised, which will ensure that all donors are traceable and will receive a deductible gift receipt.
An option for high level donors to donate over 3 financial years is proposed and has been shown to be an effective incentive in other examples, such as at the Art Gallery of New South Wales.
Our approach will be to divide fundraising into categories, which also broadly reflects the phases listed above. This is because different approaches and discussions are required.
Category 1: Naming Rights
The new Extension Gallery, Lecture Theatre and Gallery 2 are being made available for naming rights. This means that the particular physical space will bear the name of the donor in perpetuity and be referred to by name in all logistical and promotional material. For example: The John and Jane Citizen theatre.
The Naming Rights aspect of fundraising has the potential to raise $800,000 and is separate to our general fundraising target of $500,000.
EXTENSION GALLERY: $500,000
THEATRETTE: $200,000
GALLERY 2: $100,000
It is also proposed here that two prominent community organisations who have tirelessly supported the Gallery over the last 35 years be acknowledged through naming rights in perpetuity:
The Friends of Orange Regional Gallery Reception
The refurbished reception area will be opened up and become an important gathering space for events, tours and general public welcoming. In recognition of this extraordinary fundraising and volunteering it is proposed to recognise the Friends and for signage to be installed in this space.
Orange Regional Arts Foundation Conservation Wing
It is proposed that the vital new storage and conservation areas will bear this name to acknowledge the substantial contributions made to the Gallery, particularly for substantial purchases and commissions for the Gallery's nationally significant collection. Signage will be installed at the entrance to the conservation area, located in the theatre lobby.
Category 2: Donors (Target $500,000)
The Donors board will be situated in the lobby of the new lecture theatre as visitors enter the new extension. It essentially marks the next chapter in the building's history. Fundraising for this category offers a range of options or levels. Boards like this are a common feature in many cultural facilities and can be added to after the building has been completed.
Donations options for this category will be available via online portal and in person. People will be listed alphabetically in each level.
BENEFACTORS: $50,000 +
DONORS: $10,000 +
SUPPORTERS: $3,000 +
6 Closed Meeting - See Closed Agenda
The Chief Executive Officer will advise the Council if any written submissions have been received relating to any item advertised for consideration by a closed meeting of Orange City Council.
The Mayor will extend an invitation to any member of the public present at the meeting to make a representation to Council as to whether the meeting should be closed for a particular item. 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.
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Recommendation 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 Acquisition of Easement - Spring Creek/Icely Road Pipeline - Lot 111 DP 736116 This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 6.2 Acquisition of Easement - Stage 4 Southern Feeder Road - Lot 44 DP788920 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 Visy Recycling and JR Richards & Sons Proposed Recyclables Supply Agreement 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. 6.4 Initiatives to Support CBD businesses 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. |
RECORD NUMBER: 2020/834
AUTHOR: Shirley Hyde, Legal and Property Officer
Reason for Confidentiality
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.
RECORD NUMBER: 2020/837
AUTHOR: Shirley Hyde, Legal and Property Officer
Reason for Confidentiality
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.
RECORD NUMBER: 2020/914
AUTHOR: Wayne Davis, Manager Waste Services and Technical Support
Reason for Confidentiality
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.
RECORD NUMBER: 2020/932
AUTHOR: Ian Greenham, Director Technical Services
Reason for Confidentiality
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.
