Agenda of Council Meeting

ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 17 July 2018

COMMENCING AT 7.00pm

1 Introduction

Attendance

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

General Manager, Director Corporate and Commercial Services, Director Development Services, Acting Director Community, Recreation and Cultural Services, Director Technical Services, Governance Coordinator, Communications Officer, Operations Manager

1.1 APOLOGIES

Nil

1.2 LIVESTREAMING AND RECORDING

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

1.3 OPENING PRAYER

Nil

1.4 ACKNOWLEDGEMENT OF COUNTRY

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

Nil

2 Mayoral Minutes

2.1 Minutes of the Inaugural Central NSW Joint Organisation - 24 May 2018

TRIM Reference: 2018/1710

RESOLVED - 18/314 Cr K Duffy/Cr S Munro

That the information contained in this Mayoral Minute be acknowledged.

3 Confirmation of Minutes of Previous Meeting

RESOLVED - 18/315 Cr K Duffy/Cr S Munro

That the Minutes of the Ordinary Meeting of Orange City Council held on 3 July 2018 (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 3 July 2018.

4 NOTICES OF MOTION/NOTICES OF RESCISSION

RESOLVED - 18/316 Cr S Nugent/Cr S Munro

That the late item 4.2 Notice of Motion – Establishment of a Community Wood and Heating Bank be permitted and heard at this meeting.

4.1 Notice of Motion - Report on Future Budget Timelines and Processes

TRIM Reference: 2018/1618

RESOLVED - 18/317 Cr K Duffy/Cr S Munro

That Council receive the report on future budget timelines and processes.

4.2 Notice of Motion - Establishment of a Community Wood and Heating Bank

TRIM Reference: 2018/1783

RESOLVED - 18/318 Cr G Taylor/Cr J Whitton

That Council contribute to the establishment of a community wood and heating bank as follows:

1 The wood and heating bank be based on a similar structure as support services such as Foodbank where suitable organisations manage a voucher system based on an appropriate criteria.

2 Council initiate the service with the purchase of $5,000 worth of wood.

3 Council take donations of appropriate wood and financial contributions to provide to the service.

4 Where available and suitable, surplus wood from Council operations be provided to the service.

5 Council seek collaboration with suitable service providers and service clubs to establish and continue the service.

6 The wood and heating bank be trialled to December 2019 with a review to then be undertaken.

QUESTION TAKEN ON NOTICE

Cr Mileto requested information to be provided on the number of Solid Fuel Wood Heating systems in Orange.

5 General Reports

5.1 Recommendations and Resolutions from Policy Committees

TRIM Reference: 2018/1666

RESOLVED - 18/319 Cr S Nugent/Cr G Taylor

1 That the resolutions made by the Planning and Development Committee at its meeting held on 3 July 2018 be noted.

2 That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 3 July 2018 be noted.

3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 3 July 2018 be noted.

4 That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 3 July 2018 be noted.

5 That the resolutions made by the Finance Policy Committee at its meeting held on 3 July 2018 be noted.

6 That the resolutions made by the Services Policy Committee at its meeting held on 3 July 2018 be noted.

5.2 Update on Outstanding Resolutions of Council including Questions Taken on Notice and Notices of Motions.

TRIM Reference: 2018/1672

RESOLVED - 18/320 Cr T Mileto/Cr S Munro

That the information provided in the report by the Governance Coordinator on Outstanding and Completed Notices of Motion, Questions of Notice and Matters arising be acknowledged.

5.3 Delivery Operational Plan Follow-up

TRIM Reference: 2018/1691

RESOLVED - 18/321 Cr J McRae/Cr S Nugent

That Council approve from the General Donations Fund:

1 Donation of $2,156 to the Orange and District Softball Association for a portable toilet for people with disabilities for the 2018/19 softball season;

2 Donation of $3,000 to the Orange Eight Day Games;

3 Donation of $5,000 to the Walk 4 Hope 2018 and Hunt 4 Redheads (fundraising event for Huntington’s Disease) and a $327.80 in-kind contribution.

QUESTION TAKEN ON NOTICE

Cr Duffy requested a report on providing Councillors with $2,000 to donate to charities of their choice.

5.4 Requests for Financial Assistance

TRIM Reference: 2018/1615

RESOLVED - 18/322 Cr J Hamling/Cr S Nugent

The Council approve a donation of $1,000.00 hire-fee reduction be made from General Donations to Tent of Hope Ltd for hire of the Orange Function Centre for the Christmas in July Community Event 2018 - 20-21 July 2018.

5.5 Joint Regional Planning Panel - Council Representatives

TRIM Reference: 2018/1577

RESOLVED - 18/323 Cr G Taylor/Cr S Munro

1 That Council seek expressions of interest from people interested in being nominated as Council appointees for the Western Joint Regional Planning Panel for a period of three years.

2 That Council formally consider nominations at a future meeting.

6 Closed Meeting

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

In response to a question from the Mayor, the General Manager advised that no written submissions had been received relating to any item listed for consideration by the Closed Meeting of Council.

The Mayor extended an invitation to any member of the public present at the meeting to make a presentation to the Council as to whether the meeting should be closed for a particular item.

RESOLVED - 18/324 Cr G Taylor/Cr S Munro

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 Lease Hangar Site Q at Orange Airport

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 Tender F2864 - Construction of Euchareena Road Resource Recovery Centre Stage 3

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 8.10PM.

The Mayor declared the Ordinary Meeting of Council resumed at 8.40PM.

7 Resolutions from Closed Meeting

The Director Corporate and Commercial Services read out the following resolutions made in the Closed Meeting of Council.

6.1 Lease Hangar Site Q at Orange Airport

TRIM Reference: 2018/1231

RESOLVED - 18/325 Cr K Duffy/Cr S Romano

1 That Council approve the revised lease with World Fuel Services as set out in the business papers.

2 That Council enter into consecutive leases of five years each to a maximum of 20 years with World Fuel Services Pty Limited at the Orange Airport, subject to development consent.

3 That Council enter into consecutive leases of five years each to a maximum of 20 years with BJM International Ferry Services Pty Limited.

4 That approval be granted for the use of the Council Seal on any necessary documentation if required.

The Mayor requested a Division of Voting.

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

6.2 Tender F2864 - Construction of Euchareena Road Resource Recovery Centre Stage 3

TRIM Reference: 2018/1637

RESOLVED - 18/326 Cr K Duffy/Cr S Munro

1 The Council approve that the Tender F2864 for the Construction of the Euchareena Road Resource Recovery Centre Stage 3 be awarded to Keeden Contracting Pty Ltd for their tendered lump sum of $1,016,213.81 (GST Exclusive).

2 That the use of the Common Seal of Council be authorised for use on documents associated with the contract.

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

MATTER ARISING

Cr Kidd (Mayor) requested an extraordinary meeting exclusively for the purpose of the Planning and Development Committee during August. The meeting structure for August was agreed as:

7 August 2018 – Council Meeting & Policy Committee Meetings

14 August 2018 – Extraordinary Meeting – Planning and Development Committee

21 August 2018 – Council Meeting

The Meeting Closed at 8.45PM

This is Page Number 8 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 17 July 2018.

Council Meeting 7 August 2018

4.2 Notice of Motion - Electricity Prices

RECORD NUMBER: 2018/1928

I, CR Jeff Whitton wish to move the following Notice of Motion at the Council Meeting of 7 August 2018:

Motion

That Orange City Council work with the Orange Chamber of Commerce and/or local organisations to test their interest in holding a forum involving government, community and business representatives to discuss what the State and Federal governments are doing to reduce electricity price increases for regional residents and businesses.

SUMMARY

Over the past ten years electricity prices for people in Orange have increased to ridiculous levels and are having serious impacts on the capacity of businesses to grow and employ more people. Many Orange residents are likely to experience “bill shock” following the recent winter cold.

Background

On 1 July 2018 the Grattan Institute reported that “wholesale electricity prices rose across the National Electricity Market (NEM) by 130 per cent between 2015 and 2017. The price paid for electricity traded in the NEM also more than doubled, from about $8 billion to $18 billion, and household bills increased by up to 20 per cent in 2017 alone”. (https://grattan.edu.au/report/mostly-working/)

The Report identified a number of primary causes of electricity price increases:

1 The closure of old coal-ﬁred power stations because of their age and the high cost of maintenance reducing supply and pushing up prices (60% of price rises);

2 An increase in the price of gas and black coal (40% of price rises).

In addition, the Grattan Institute identified what it calls “gaming” by electricity generators as a cause of price increases. The Grattan Institute argues that electricity generators “use their power in concentrated markets to create artificial scarcity of supply and so force prices up ... Gaming has been part of the market for years and appears to be permitted by the current market rules”.

The behaviour of market operators system was also identified in a 2017 article in the Australian Financial Review. The article states that the “Australian Competition and Consumer Commission says gouging by network firms is a bigger cause of electricity price rises than the gas shortage or the rise of renewables. This accounts for 41 percent of price rises in the past decade” (https://www.afr.com/business/energy/electricity/essential-energy-tells-nsw-lower-prices-would-have-minimal-impact-on-its-business-20170927-gypsac).

The article alleged that a NSW electricity supplier sought to increase electricity prices by 25 percent price for rural customers, or $313 a household per year, despite an internal company report stating that it “could keep prices low with minimal impact on its business”.

The Grattan Institute says that the “rules should be changed to eliminate or at least limit gaming”.

Signed Cr Jeff Whitton

STAFF COMMENT

Electricity prices are the responsibility of the State and Federal Government. In addition to the direct impact of price increases on residents and businesses in Orange, the sharp increase in prices flows through to Council’s operating expenditure which affects the overall supply of services to the community.

While Local Government does not have any role in the setting, or control, of electricity prices it has a significant impact on the community and local businesses.

Prior to 2014, the NSW Independent Pricing Tribunal (IPART) set a regulated retail price for electricity in NSW. However in 2014, the NSW Government deregulated electricity prices. The IPART website states that it was expected that retailers would “compete with each other to offer customers the lowest possible prices. When competition is working well, if a retailer increases its prices above the costs of supply, then they will be outcompeted and lose customers to other retailers”

(https://www.ipart.nsw.gov.au/Home/Industries/Energy/Retail-prices).

There has been a number of inquiries into electricity price increases including the 2012 Senate Select Committee on Electricity Prices which found that “the most significant [contributor to electricity price increases] is inefficient over-investment in network infrastructure—the poles and wires”.

In June 2018 the Australian Competition and Consumer Commission released its Retail Electricity Pricing Inquiry Final Report. It found that there are many causes of the current problems in the electricity market. In summary, it found that the following factors have contributed to varying degrees to the problem:

· loosening of the framework that governs the regulation of electricity suppliers limited the ability of regulators to constrain excess spending;

· reliability standards for some networks were set too high, without due regard for consumers’ willingness to pay for marginal increases in reliability;

· the New South Wales and Queensland governments decisions to change the ownership structure of generation assets giving rise to concentrated markets;

· poorly designed renewable energy schemes such as the solar feed-in tariff scheme which has now been closed;

· the exit of large coal‑fired plants, the extent of LNG exports from the East Coast and government moratoria on on‑shore gas exploration and development increasing gas prices;

· confusing price structures offered by retailers and the practice of discounting which is opaque and not comparable across the market.

The report sets out a series of recommendations to place downward pressure on electricity prices. These recommendations focus on four key areas:

1 Boosting competition in generation and retail

2 Lowering costs in networks, environmental schemes and retail

3 Enhancing consumer experiences and outcomes

4 Improving business outcomes.

As this report was released last month, it would be timely to work with relevant local organisations to explore their interest in inviting relevant agencies to come to Orange to discuss with the community and local businesses how these proposed reforms will lead to lower electricity prices in future.

Council Meeting 7 August 2018

4 General Reports

5.1 Statement of Investments - June 2018

TRIM REFERENCE: 2018/1789

AUTHOR: Brock Gannon, Financial Accounting Officer

EXECUTIVE Summary

The purpose of this report is to provide a statement of Council’s investments held as at 30 June 2018.

Link To Delivery/OPerational Plan

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

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

1 That Council receives the Statement of Investments as at 30 June 2018.

2 That Council receives and adopts the certification of the Responsible Accounting Officer.

further considerations

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

SUPPORTING INFORMATION

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

As at 30 June 2018, the investments held by Council in each fund is shown below:

	30/06/2018	31/05/2018
General Fund	55,379,342.07	48,971,163.63
Sewer Fund	40,313,292.95	38,829,513.28
Water Fund	46,759,180.58	44,680,478.13
Total Funds	$142,451,815.60	$132,481,155.04

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

Externally Restricted	30/06/2018	31/05/2018
General Fund	21,232,943.09	19,830,661.10
Water Fund	46,759,180.58	44,680,478.13
Sewer Fund	40,313,292.95	38,829,513.28
Auspiced	1,605,931.39	1,605,931.39
Internally Restricted	9,281,785.61	7,479,949.66
Unrestricted	23,258,681.98	20,054,621.48
Total Funds	$142,451,815.60	$132,481,155.04

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. Contributing to the increase in June was the drawdown of an accelerated roads program loan of $2.6 million and receiving the first instalment of the 2018/19 financial assistance grant in advance to the amount of $2.3 million.

Portfolio Advice

Council utilises the services of an independent investment advisor in maintaining its portfolio of investments. Council’s current investment advisor is CPG Research & Advisory Pty Limited (CPG), an independent asset consultant that works with wholesale investors to develop, implement and manage their investment portfolio. CPG 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.

CPG’s major services provided to Council include:

· Quarterly portfolio summary reports

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

· Advice on policy construction

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

Portfolio Performance

Council’s current Long Term Financial Plan establishes the benchmark for Council’s interest on investments at “75 basis points above the current cash rate”. The cash rate as at 30 June 2018 remained at 1.50 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 2.88 per cent which continues to exceed Council’s benchmark i.e. the cash rate of 1.50 per cent plus 0.75 per cent (or 75 basis points).

Council has also utilised the AusBond Bank Bill Index to provide a further benchmark focused towards long term investments. As at 30 June 2018, the AusBond rate was 1.86 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 2.88 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%	6.31%	93.69%
3 - 12 Months	100.00%	67.10%	32.90%
1 - 2 Years	70.00%	13.21%	56.79%
2 - 5 Years	50.00%	13.37%	36.63%
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 AA rated investments than for those with ratings of A 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 (eg payroll, materials and contracts typical level of expenditure, utilities etc).

Table 2: Credit Rating Limits

Credit Rating	Maximum	Holding	Remaining Capacity	Value	Return on Investment
Bank Accounts	100.00%	11.02%	88.98%	$15,693,201.65	1.50%
AAA	100.00%	0.00%	100.00%	N/A	N/A
AA	100.00%	44.62%	55.38%	$63,558,613.95	2.74%
A	60.00%	16.50%	43.50%	$23,500,000.00	3.18%
BBB & NR	40.00%	27.87%	12.13%	$39,700,000.00	3.04%
Below BBB	0.00%	0.00%	0.00%	N/A	N/A

Certification by Responsible Accounting Officer

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

Council Meeting 7 August 2018

5.4 Register of Delegations

Attachment 1 Register of Delegations - July 2018

REGISTER OF DELEGATIONS

D18/27226

Table of Contents

Power of Delegation. 3

Mayor 4

Delegation to the General Manager 12

Corporate and Executive Powers. 12

Execution of Documents. 15

Governance. 15

Finance. 16

Public Areas/Use of Public Space/Community Land. 17

Technical and Engineering Services. 18

Planning and Development (delegations conferred by legislation contained within GM004) 18

Community and Cultural Services. 18

Power of Delegation

Council delegates functions of the Council to the General Manager pursuant to Section 377 of the Local Government Act 1993 (the Act). These delegations are made on an exception basis, meaning that ALL functions are delegated to the General Manager unless expressly excluded. Section 377 of the Act provides as follows:

377 General power of the council to delegate

(1) A council may, by resolution, delegate to the General Manager or any other person or body (not including another employee of the council) any of the functions of the council, other than the following:

(a) the appointment of a General Manager,

(b) the making of a rate,

(d) the making of a charge,

(e) the fixing of a fee,

(f) the borrowing of money,

(g) the voting of money for expenditure on its works, services or operations,

(h) the compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment),

(i) the acceptance of tenders to provide services currently provided by members of staff of the council,

(j) the adoption of an operational plan under section 405,

(k) the adoption of a financial statement included in an annual financial report,

(l) a decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6,

(m) the fixing of an amount or rate for the carrying out by the council of work on private land,

(n) the decision to carry out work on private land for an amount that is less than the amount or rate fixed by the council for the carrying out of any such work,

(o) the review of a determination made by the council, and not by a delegate of the council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979,

(p) the power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194,

(q) a decision under section 356 to contribute money or otherwise grant financial assistance to persons,

(r) a decision under section 234 to grant leave of absence to the holder of a civic office,

(s) the making of an application, or the giving of a notice, to the Governor or Minister,

(t) this power of delegation,

(u) any function under this or any other Act that is expressly required to be exercised by resolution of the council.

(1A) Despite subsection (1), a council may delegate its functions relating to the granting of financial assistance if:

(a) the financial assistance is part of a specified program, and

(b) the program is included in the council’s draft operational plan for the year in which the financial assistance is proposed to be given, and

(c) the program’s proposed budget for that year does not exceed 5 per cent of the council’s proposed income from the ordinary rates levied for that year, and

(d) the program applies uniformly to all persons within the council’s area or to a significant proportion of all the persons within the council’s area.

(2) A council may, by resolution, sub-delegate to the General Manager or any other person or body (not including another employee of the council) any function delegated to the council by the Director-General except as provided by the instrument of delegation to the council.

(3) A council may delegate functions to a joint organisation only with the approval, by resolution, of the board of the joint organisation.

Section 378 of the Act defines delegations by the General Manager:

1 The General Manager may delegate any of the functions of the General Manager, other than this power of delegation.

2 The General Manager may sub-delegate a function delegated to the General Manager by the council to any person or body (including another employee of the council).

3 Subsection (2) extends to a function sub-delegated to the General Manager by the council under section 377 (2).

Mayor

Section 226 of the Act defines the role of the Mayor, as:

(a) to be the leader of the council and a leader in the local community,

(b) to advance community cohesion and promote civic awareness,

(c) to be the principal member and spokesperson of the governing body, including representing the views of the council as to its local priorities,

(d) to exercise, in cases of necessity, the policy-making functions of the governing body of the council between meetings of the council,

(e) to preside at meetings of the council,

(f) to ensure that meetings of the council are conducted efficiently, effectively and in accordance with this Act,

(g) to ensure the timely development and adoption of the strategic plans, programs and policies of the council,

(h) to promote the effective and consistent implementation of the strategic plans, programs and policies of the council,

(i) to promote partnerships between the council and key stakeholders,

(j) to advise, consult with and provide strategic direction to the general manager in relation to the implementation of the strategic plans and policies of the council,

(k) in conjunction with the general manager, to ensure adequate opportunities and mechanisms for engagement between the council and the local community,

(l) to carry out the civic and ceremonial functions of the mayoral office,

(m) to represent the council on regional organisations and at inter-governmental forums at regional, State and Commonwealth level,

(n) in consultation with the councillors, to lead performance appraisals of the general manager,

(o) to exercise any other functions of the council that the council determines.

Schedule of Amendments

Date	Ref	Amendment
July 2018	Page 3-4	Update under Section 377 to include the addition to Section 377 of (1A) and (3) in the relation to the general power of Council to delegate.
	Page 4	The Definition of the Mayor has been updated under Section 226. Removal of the previous definition of the Mayor: 1 Exercise, in cases of necessity, the policy-making functions of the governing body of the Council between meetings of the council 2 Exercise such other functions of the council as the council determines 3 Preside at meetings of the council 4 Carry out the civic and ceremonial functions of the Mayoral office; The new Definition, below, which has been inserted into the Mayor section on Page 4: “Section 226 of the Act defines the role of the Mayor, as: (a) to be the leader of the council and a leader in the local community, (b) to advance community cohesion and promote civic awareness, (c) to be the principal member and spokesperson of the governing body, including representing the views of the council as to its local priorities, (d) to exercise, in cases of necessity, the policy-making functions of the governing body of the council between meetings of the council, (e) to preside at meetings of the council, (f) to ensure that meetings of the council are conducted efficiently, effectively and in accordance with this Act, (g) to ensure the timely development and adoption of the strategic plans, programs and policies of the council, (h) to promote the effective and consistent implementation of the strategic plans, programs and policies of the council, (i) to promote partnerships between the council and key stakeholders, (j) to advise, consult with and provide strategic direction to the general manager in relation to the implementation of the strategic plans and policies of the council, (k) in conjunction with the general manager, to ensure adequate opportunities and mechanisms for engagement between the council and the local community, (l) to carry out the civic and ceremonial functions of the mayoral office, (m) to represent the council on regional organisations and at inter-governmental forums at regional, State and Commonwealth level, (n) in consultation with the councillors, to lead performance appraisals of the general manager, (o) to exercise any other functions of the council that the council determines.”
	GM004	Removal of the Noxious Weeds Act 1993 and the Native Vegetation Act 2003 which have been repealed. Addition of the Biosecurity Act 2015, Local Lands Services Act 2013, National Heavy Vehicle Law 2014 and Residential (Land-Lease) Communities Act 2013.
June 2017	Page 3	Update to reflect change to Section 377 of the Act to remove the previous (i) “the acceptance of tenders which are required under this Act to be invited by the council,” and replace with (i) “the acceptance of tenders to provide services currently provided by members of staff of the council”
	Page 8	Update resolution dates for Policy Committees to reflect these Committees and their associated Charters were adopted by Council on 6 September 2016
	GM004	Addition of legislation – Residential (Land-Lease) Communities Act 2013 as this legislation covers the permanent sites at the Colour City Caravan Park. Replacement of Crown Lands Act 1989 with Crown Land Management Act 2016.
	GM017	Amendment to reflect change of Section 377 of the Act to allow the General Manager to determine the acceptance of tenders with exception of tenders to provide services currently provided by members of staff of Council.
Nov 2015		Amendment of names of Policy Committees, and addition of Sport and Recreation Policy Committee and Employment and Economic Development Policy Committee.
Nov 2015	GM046	Remove reference to “excess water rates” and replace with “overdue water rates”
18/11/14	GM001	Removal of reference to legislation as this is covered in the various parts of GM004
	GM002	Deleted “To carry out the regular services and operations of the Council within the sums voted by the Council for expenditure thereon and/or in accordance with any resolution of Council, with the exception of items dealt with under delegation GM5” as this delegation is covered in the Financial delegations
	GM004	Removal of legislation that does not confer a delegation – Children (Protection and Parental Responsibility) Act 1997, Commission for Children and Young People Amendment Act 2005, Conveyancing Act 1919, Crown Lands Act 1989, Fire Brigades Act 1989, Gas Supply Act 1996, Gaming Machines Act 2001, Graffiti Control Act 2008, Health Records and Information Privacy Act 2002, Independent Commission Against Corruption Act 1988, Interpretation Act 1987, Land Acquisition (Just Terms Compensation) Act 1991, Library Act 1939, Local Land Services Act 2013, Native Title (NSW) Act 1994, Ombudsman Act 1974, Orange Showground Act 1897, Road Transport (Driver Licensing) Regulation 2008, Rural Fires Act 1997, State Emergency Service Act 1989, State Records Act 1998, Strata Schemes (Freehold Development) Act 1973, Unclaimed Money Act 1995, Waste Minimisation and Resource Recovery Act 1995, Water Management Amendment Acts 2008 and 2010
	GM004	Removal of repealed legislation – Catchment Management Authorities Act 2003, Child Protection (Prohibited Employment) Act 1998, Liquor (Amusement Devices) Act 1988, Road Transport (General) Act 2005, Road Transport (Safety and Traffic Management), Act 1999, Rural Lands Protection Act 1998, Waste Minimisation and Management Act 1995, Unhealthy Building Land Act 1990
	GM004	Addition of new legislation or legislation conferring a delegation not previously noted – Local Land Services Act 2013, Road Transport Act 2013, Public Health (Tobacco) Act 2008, Smoke Free Environment Act 2007
	Gm006	Deleted, appointment of public officer covered by the Local Government Act in GM004
	GM016	Deleted, as opening of tenders is covered by the Local Government Act in GM004
	GM021	Deleted “To exercise and perform on behalf of Council all functions, powers, authorities, duties and matters contained in Council's Community Strategic Plan, Delivery Program, Long Term Financial Plan, Workforce Management Plan, Asset Management Program, and Operational Plan” as covered in GM04 as part of the Local Government Act. This is also a responsibility of staff, not a delegation.
	GM024 GM031	Deleted, as powers conferred by the Government Information Public Access Act are covered in GM004.
	GM026	Deleted, as powers conferred by the Liquor Act are covered in GM004.
	GM027	Deleted, “authorisation of purchase requisitions of an unlimited amount” as covered in the Financial delegation GM035. Added “to sign letters of engagement for consultants”
	GM028	Deleted “to determine matters which are to be included in the business paper for Council Meetings” – this is governed by Council’s Code of Meeting Practice. Items listed for consideration by Council are approved by the General Manager and Directors.
	GM032	Deleted, as powers conferred by Public Interest Disclosures Act are covered in GM004.
	GM033	Deleted, as powers conferred by the Privacy and Personal Information Protection Act are covered in GM004.
	GM040	Deleted, the keeping of accounts is covered in the Local Government Act, GM004
	GM047 GM048	Deleted, as relate to rating of properties which is covered in the Local Government Act, GM004
	GM053	Deleted, reference to replacing fencing covered in the Dividing Fences Act in GM004
	GM064	Deleted “approve applications for filming” as this is covered in GM004 under the Local Government Act
	GM065 GM066	Deleted “to prepare and implement plans of management for community land” and “to authorise the use of community land in accordance with the terms of plans of management” as these are operational requirements, not delegations
	GM067- GM071	Deleted “to give notice of a proposed dedication of certain land as public road”, “to make application to close a public road”, “to place weight restrictions on certain public roads or bridges”, “to order the removal of obstructions placed illegally on road reserves, footpaths and public places” and “to close roads, or parts thereof, temporarily for repairs or construction” – these functions are addressed under the Roads Act in GM004
	GM076	Deleted “to approve applications to blast” as this function is addressed under the Local Government Act in GM004
	GM077 GM079	Deleted “to approve applications to install pipelines in road reserves” and “to determine the location and operation of mobile traffic lights” as these are operational matters and do not require a delegation.
	GM081	Deleted “to instigate action to clear water and sewer blockages” as this is an operational requirement not a delegation
	Planning and Development
	GM084- GM099	Deleted as they are addressed in GM004 under the Local Government Act, Environmental Planning and Assessment Act, the Building Professionals Act 2005 and the Food Act
	GM103	NEW - To act as Council’s designated officer in relation to events on Council land and to take all action necessary to ensure the safe operation of events on Council land
	GM104	NEW – To negotiate and settle legal proceedings as necessary
	GM105	NEW – To approve insurance requirements for contracts, projects and events
21/05/13	GM-17	Addition of delegation to General Manager regarding the method of tendering
18/12/12	New	New Register of Delegations developed and adopted by Council

Delegate	Ref	Delegation
Mayor	M1	To sign and execute documents under the Common Seal of Council in conjunction with either the General Manager or another Councillor as co-signatories after Council has resolved to affix the Council Seal.
	M2	To make media statements or releases on behalf of Council.
	M3	To exercise in cases of necessity, the policy-making functions of the governing body of the Council between meetings of the Council.
	M4	To sign correspondence on behalf of the Council or of the Office of the Mayor.
	M5	The Mayor may authorise a Councillor to attend a conference, seminar or function within and outside the Council area (conference means conferences, seminars, congresses, forums, workshops, courses, meetings, deputations, information and training sessions events etc, held within Australia), in accordance with Council’s Payment of Expenses and Provision of Facilities to Councillors Strategic Policy, with such approval being reported to the next Council Meeting.
	M6	To make a temporary appointment to the position of General Manager where the position is vacant or the holder of the position is suspended or absent.
	M7	To call an extraordinary meeting of Council if such a meeting is deemed necessary in accordance with Council’s adopted Code of Meeting Practice.
Deputy Mayor	DM1	To sign and execute documents under the Common Seal of Council in conjunction with either the General Manager or another Councillor as co-signatories after Council has resolved to affix the Council Seal.
Deputy Mayor	DM2	In the absence of the Mayor and subject to compliance with the requirements of the Local Government Act 1993, and any expressed policy or direction of the Council, the Council delegates to the person who occupies the position of Deputy Mayor to exercise and perform on behalf of the Council the powers, authorities, duties and functions of the Mayor including the powers, authorities, duties and functions which the Council has delegated by this Register to the Mayor.

Delegate	Ref	Delegation
Planning and Development Policy Committee	PDC1	To determine all matters referred to it for consideration (as resolved 15/360, Extraordinary Council Meeting held 6 September 2016)
Finance Policy Committee	FPC1	To determine all matters referred to it for consideration, with the exception of determining any matter that would cause expenditure outside the Council’s adopted budget (as resolved 15/360, Extraordinary Council Meeting held 6 September 2016)
Services Policy Committee	SPC1	To determine all matters referred to it for consideration, with the exception of determining any matter that would cause expenditure outside the Council’s adopted budget (as resolved 15/360, Extraordinary Council Meeting held 6 September 2016)
Infrastructure Policy Committee	IPC1	To determine all matters referred to it for consideration, with the exception of determining any matter that would cause expenditure outside the Council’s adopted budget (as resolved 15/360, Extraordinary Council Meeting held 6 September 2016)
Environmental Sustainability Policy Committee	ESPC1	To determine all matters referred to it for consideration, with the exception of determining any matter that would cause expenditure outside the Council’s adopted budget (as resolved 15/360, Extraordinary Council Meeting held 6 September 2016)
Sport and Recreation Policy Committee	SRPC1	To determine all matters referred to it for consideration, with the exception of determining any matter that would cause expenditure outside the Council’s adopted budget (as resolved 15/360, Extraordinary Council Meeting held 6 September 2016)
Employment and Economic Development Policy Committee	EEDPC1	To determine all matters referred to it for consideration, with the exception of determining any matter that would cause expenditure outside the Council’s adopted budget (as resolved 15/360, Extraordinary Council Meeting held 6 September 2016)
City of Orange Traffic Committee	COTC 1	Pursuant to the delegation of powers from the Roads and Maritime Services NSW, the authority for regulation of traffic management and traffic control signs on public roads. This authority is limited to the powers, authorities, duties and functions that are specified in the Roads and Maritime Services NSW Instrument of Delegation to Council, from the Road and Maritime Services

Delegate	Ref	Delegation
Audit and Risk Management Committee	ARMC1	The Audit and Risk Management Committee is granted delegated authority by Council to carry out its duties and responsibilities as defined in the Committee's Charter. The Audit and Risk Management Committee has delegated authority to approve investigations into any matters within its scope of responsibility and make recommendations to the General Manager on matters arising from such investigations.
Conduct Review Committee	CRC1	The Conduct Review Committee or member of the Conduct Review Committee acting as a sole Conduct Reviewer is responsible for making enquiries into complaints made under Council’s adopted Code of Conduct, alleging breaches of the Code of Conduct by Councillors and/or the General Manager. The operation of the Conduct Review Committee is outlined in the adopted Conduct Review Committee Charter.

Delegation to the General Manager Pursuant to the provisions of the Local Government Act 1993, and any expressed policy or direction of Council, that Council in accordance with the provisions of Section 377 of the Local Government Act, 1993 and every other enabling statutory power, delegates to its General Manager authority to exercise and to perform on behalf of the Council, all necessary powers, authorities, duties and functions, including:
Corporate and Executive Powers
GM001	To carry out the regular services, functions and operations of the Council in accordance with the adopted policies of the Council, including all Strategic and Operational Policies.
GM003	To allocate priority of works for which funds have been provided subject to any direction of Council.
GM004	To exercise the powers and functions of an authorised officer under any of the following Acts including any amending legislation: · Building Professionals Act 2005 • Companion Animals Act 1998 • Community Land Management Act 1989 · Contaminated Land Management Act 1997 · Crown Land Management Act 2016 · Dividing Fences Act 1991 • Environmental Planning and Assessment Act 1979 • Food Act 2003 • Firearms Act 1996 • Government Information (Public Access) Act 2009 • Heritage Act 1977 • Impounding Act 1993 • Liquor Act 2007 • Local Government Act 1993 • Major Events Act 2009 · National Parks and Wildlife Act 1974 · Local Land Services Act 2013 • Biosecurity Act 2015

GM004 (cont)	· Pesticides Act 1999 • Plumbing and Drainage Act 2011 · Privacy & Personal Information Protection Act 1998 • Protection of Environment Operations Act 1997 • Public Health Act 2010 · Public Health (Tobacco) Act 2008 · Public Interest Disclosures Act 1994 • Recreation Vehicles Act 1983 · Residential (Land Lease) Communities Act 2013 • Roads Act 1993 • Road Transport Act 2013 · Smoke Free Environment Act 2007, Smoke Free Environment Regulation 2000 • State Emergency and Rescue Management Act 1989 • Swimming Pools Act 1992 • Transport Administration Act 1988 • Water Management Act 2000 • Work Health and Safety Act 2011 • National Heavy Vehicle Law 2014 • Residential (Land-Lease) Communities Act 2013
GM005	To authorise any work which is deemed urgent at a cost not exceeding $10,000 for which Council has not allocated funds, provided that such expenditure is reported to the Council at its next Ordinary Meeting. “Urgent” work may include work necessary to ensure security of Council property or public safety.
GM007	To take all necessary action to instigate proper risk management procedures and ensure implementation of same.
GM008	To close any public area, or to close or cease any Council service temporarily for repair or construction when necessary.
GM009	To make public statements and issue media releases on matters involving the Council.
GM010	To affix the Common Seal of Council to a document in accordance with a Council resolution and to act as a signatory with the Mayor or another Councillor.
GM011	To authorise action to be taken in connection with any complaints or requests received.
GM012	To negotiate land sales within 10% of the market price or price resolved by Council.
GM013	To set a reserve price at auction, where land is being sold for overdue rates.
GM014	To prepare and lodge applications for grants provided such action is consistent with Council's strategic planning documents.
GM015	To manage investigations and reports on matters referred by the Independent Commission Against Corruption (ICAC).
GM017	To determine the method of tendering ie whether tenders are to be by open tendering or selective tendering, and to determine the acceptance of tenders with exception of tenders to provide services currently provided by members of staff of Council.
GM018	To withdraw an imposed penalty where justified.
GM019	To dispose of vehicles abandoned on Council owned or controlled land.
GM020	To authorise graffiti removal work, with or without the agreement of the owner or occupier of the land.
GM022	To negotiate and manage contracts and agreements.

Legal Processes
GM023	To obtain legal advice where necessary and to institute, conduct and defend legal proceedings with respect of Council's activities in all Courts.
GM025	To approve easements and covenants that burden land owned by Council.
GM104	To negotiate and settle legal proceedings as necessary.

Execution of Documents
GM027	To sign documents on behalf of Council, including a Correspondence b Contracts, agreements and leases c Retail lease disclosure statements d Sales agreements for agents to sell Council land e Approval of designs for subdivision plans and construction certificates f Release of subdivision certificates g Development applications for Council owned or controlled property h Survey plans and survey requests/amendments i Authorising payments by cheque or electronically in accordance with Council’s strategic planning documents and budget and Council resolution j Taxation returns k Employment summaries, superannuation forms and other declarations or forms associated with the employment of staff l Rating certificates m Letters of engagement for consultants
Governance
GM029	To terminate any lease or rental agreement on any Council owned property where the terms of the lease have been breached, or accounts fall into arrears.
GM030	To, in conjunction with the Mayor, approve payment of expenses and provision of facilities for Councillors in accordance with Council's adopted policy.
GM034	To approve the content, layout and placement of advertising on behalf of Council.
GM105	To approve insurance requirements for contracts, projects and events.

Finance
GM035	To commit and authorise operational and/or capital expenditure of any amount within the area of operation and budget in accordance with Council’s adopted budget, Purchasing Policies and relevant legislation.
GM036	To authorise any variations to a contract within the Council’s adopted budget.
GM037	To authorise exemptions from compliance with Council’s Purchasing Policies in limited circumstances, as set out in the Strategic and Operational Purchasing Policies.
GM038	To authorise the investment of Council funds and sign such applications and documents as may be required.
GM039	To engage Consultants within the budget, to assist with Council projects within the confines of budgetary constraints.
GM041	To approve financial returns required by various organisations.
GM042	To initiate debt recovery procedures.
GM043	To allow unpaid rates to be paid from the estate of aged pensioners, or from the sale of the property.
GM044	To write off rates or debts which are determined not financially viable to recover to a limit in any one case not exceeding $5,000.
GM045	To approve applications for extension of time to pay accounts.
GM046	To order restriction or disconnection of water supply to premises if overdue water accounts are not paid.
GM049	To authorise the operation of Council’s bank accounts.
GM050	To authorise the payment of salaries and wages of the staff.
GM051	To authorise the issue of corporate credit cards to employees in accordance with Council’s Credit Card Operational Policy.
GM052	To authorise the payment of petty cash claims up to a maximum of $500 per claim.
GM054	To authorise ex-gratia payments for public liability/public indemnity claims for amounts below Council’s insurance policy excess.
GM055	To authorise the disposal and retirement of assets in accordance with Council’s Policies and adopted Asset Management Plans, Community Strategic Plan, Long Term Financial Plan, Delivery/Operational Plan.
GM056	To authorise the release of funds and/or Bank Guarantees where the required works or services have been carried out to a satisfactory standard.

Public Areas/Use of Public Space/Community Land
GM057	To determine applications for the use of public roads for walkathons, charitable collections, motor car trials, bicycle races and the like where the authorisation of the City of Orange Traffic Committee is not specifically required.
GM058	To grant approval for street stalls or busking.
GM059	To determine applications for functions, activities or sports on Council's community land or other grounds or venues of parks under Council's care.
GM060	To approve of the design and subsequent erection of banners and flags on existing flagpoles in accordance with Council’s policy.
GM061	To process claims for rewards under Council’s Graffiti Reward Scheme.
GM062	To suspend alcohol free zones for community events.
GM063	To grant approval for helicopter touchdowns on Public Reserves.
GM103	To act as Council’s designated officer in relation to events on Council land and to take all action necessary to ensure the safe operation of events on Council land.
Technical and Engineering Services
GM072	To issue/refuse compliance and construction certificates in relation to subdivisions and engineering works.
GM073	To remove dangerous trees under the control of the Council, where such removal is necessary, to allow work to proceed immediately.
GM074	To carry out private works and authorise the hire of Council plant subject to satisfactory arrangements being made for the payment of such works.
GM075	To approve applications for the excavation of public streets subject to compliance with Council's Policy.
GM078	To determine applications for the creation of temporary construction zones on public roads restricting public parking in such zones.
GM080	To authorise formulation and completion of trade waste agreements.
GM082	To approve applications to name roads in accordance with Council's Policy.
GM083	To authorise the release of Council plant and other resources to assist fire-fighting, emergency work, and assist the Local Emergency Management Committee in emergency work
Planning and Development (delegations conferred by legislation contained within GM004)
GM089	To determine requests to raise development contributions as specified in the Development Contributions Plan.
GM097	To negotiate Voluntary Planning Agreement packages in accordance with Council Policy.
Community and Cultural Services
GM101	To be Licensee of a Child Care Service.
GM102	To be or nominate an authorised supervisor of a Child Care Service.

Council Meeting 7 August 2018

5.7 Proposed Air Quality Monitoring Station - Jaeger Reserve - 149 Hill Street

RECORD NUMBER: 2018/1824

AUTHOR: Mark Hodges, Manager Building and Environment

EXECUTIVE Summary

As reported to Council on 5 June 2018, Orange City Council has been approached by the NSW Office of Environment and Heritage to install and operate an air quality monitoring station within Orange. Jaeger Reserve has been identified as the most appropriate site for such air quality monitoring station within the City.

Council resolved to enter into a lease agreement with the Office of Environment and Heritage to install and operate such air quality monitoring station on part of Jaeger Reserve, 149 Hill Street. As part of the process of entering into the lease of Community Land, public exhibition of the proposed lease was undertaken in accordance with the requirements of the Local Government Act.

During the advertising period that concluded on 12 July 2018, one submission was received. This report outlines the issues raised from the submission and again provides an overview of the proposed development.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “8.2 Preserve - Develop and promote initiatives to reduce water, energy and waste in consultation with the community”.

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

1 That, having considered the initial report to Council meeting of 5 June 2018, the one submission received following exhibition, and the contents of this report addressing the concerns raised in the submission, Council enter into a five year lease (with one five-year option) with the Office of Environment and Heritage for part of Jaeger Reserve for the installation and maintenance of an air quality monitoring station.

2 That in lieu of rental payable to Council, the Office of Environment and Heritage make an annual donation to the Orange Croquet Club Limited of $2,000 per annum (GST exclusive) over the terms of the Lease and any option period.

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

further considerations

SUPPORTING INFORMATION

At its meeting of 5 June 2018, Council considered a report advising that the Office of Environment and Heritage had approached Council to install and operate an air quality monitoring station within Orange and that Jaeger Reserve had been identified as the most appropriate site for such an air quality monitoring station.

Council resolved at its meeting of 5 June 2018 as follows:

RESOLVED - 18/001 Cr J Hamling/Cr J McRae

1 That Council enter into a five year lease (with one five-year option) with the Office of Environment and Heritage for part of Jaeger Reserve on the terms as referred to in this report.

2 That in lieu of rental payable to Council, the Office of Environment and Heritage make an annual donation to the Orange Croquet Club Limited of $2,000 per annum (ex GST) over the term of the Lease and any option period.

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

As advised in Council’s report of 5 June 2018, Jaeger Reserve is classified “Community Land” under the provisions of Section 26 of the Local Government Act 1993 and under Section 47 of the Act, Council must give public notice of the proposal.

Council advertised the proposal in the Orange City Life magazine on 14 June 2018 and on its website. The twenty-eight day exhibition period expired on 12 July 2018. Council received one submission from Loretta Power, which is attached for your information and reference.

In response to the submission, Council contacted the Office of Environment and Heritage which provided the following substantiating reasons for Jaeger Reserve being the preferred location:

1 Siting of ambient air quality monitoring stations are located in areas which typify a broad area of uniform land use, e.g. residential, industrial and commercial. These sites are useful for determining urban air quality trends and compliance with air quality standards. Other potential sites within Orange were investigated, but did not meet the siting criteria, were located too far out of town, not representative of the Orange city and/or had too many trees close by that would interfere with pollution concentrations.

2 The siting criteria states that the site must have:

· Unrestricted airflow and located away from nearby structures and trees which may alter pollutant concentrations by adsorption or absorption

· Site security and low potential for vandalism

· Adequate access for transportation of equipment

· Adequate electricity supply nearby

· Perform duties in a safe environment and workplace in accordance with WH&S

· Long term tenure.

3 Jaeger Reserve was identified as meeting all of the siting criteria.

The Office of Environment and Heritage has advised that, in respect of noise emission, a standard split system air conditioner on an air quality monitoring station is rated at 60 decibels. There are 43 air quality monitoring sites across NSW with similar air conditioners in parks close to residential areas and no noise complaints have been received.

A summary of the specific issues raised in the submission is provided below along with a response to each issue:

· Size of the air monitoring station would greatly reduce the amount of space available in which children can play

Comment: Jaeger Reserve is 1.55 Hectares in size. The total area proposed to be used for the air monitoring station is 5m x 5.1m (25.5m²). Half of the proposed lease already sits within the area already leased by the Croquet Club. The Croquet Club have been involved in negotiations with the Office of Environment and Heritage with regards to the siting of the monitoring station and indeed have expressed an interest in the establishment in the proposed location. It is considered that the use of 25m² of the park would not adversely impact on any use of the area.

· Visual impacts

Comment: The major component of the monitoring station is the building. The building would be 2.5m x 2.4 and 2.8m high. The building would be of Colorbond Pale Eucalypt (formerly known as Mist Green, a light green colour). Attachment 1 indicates the overall look of the proposal from a recently developed site at another town within NSW. A black palisade fence is proposed to surround the monitoring building. Whilst black fences are generally considered recessive and do not obstruct site lines, the Office of Environment and Heritage have advised that the fence could be modified to be a Pale Eucalypt colour the same as the building, if Council preferred.

The location of the monitoring station is on the western side of the existing croquet green. The area is close to the middle of the Reserve and is some 25m to the nearest residential boundary. It is considered that the proposed building and associated structure would be in keeping with the existing croquet club buildings and would not adversely impact on the amenity and views of neighbours.

· Location in the middle of a park surrounded by residential land / consider alternative sites

Comment: Council staff took Office of Environment and Heritage staff to numerous open spaces throughout the whole of the City during the initial planning phase of the proposal. Jaeger Reserve was identified as being a site that met all OEH selection criteria to ensure that air quality results were both accurate and more indicative of the whole of the City.

· Risk of Vandalism

Comment: It is considered that the proposal would present no more risk to vandalism than existing buildings within the Reserve. The Office of Environment and Heritage indicate in the 25 years of operating such stations throughout the State, they generally are not the subject of vandalism. All maintenance and operational costs of the system are met by the Office of Environment and Heritage.

· Noise

Comment: As previously mentioned, the station contains one reverse cycle air conditioner. Given the distance to the nearest residence would be 50m, it is considered that the station would not result in adverse noise impacts on neighbours. The Office of Environment and Heritage advise that they have not received any noise complaints relating to any of their other sites in the State.

The proposed air monitoring station would in real time, measure and publically provide parameters such as ambient temperature; relative humidity; wind speed and direction and also rainfall for the City.

The station will also measure the total quantity of particulates in the air (i.e. indicate the overall air quality having regard to the total dust, smoke and pollen levels). The station would not provide specific pollen counts, as this is a very complex process. The station will however be able to determine dust from smoke due to particle size, and so will provide a good guide to these aspects of the City’s ongoing air quality.

At this stage, the station will not measure inversion layers, however it could be adapted to do so in the future using the proposed infrastructure/sampling mast.

Given the growing interest in air quality in the City and also the known link between air quality and human health, the proposal is considered to be a positive development for the City.

Attachments

1 Submission - Proposed Air Quality Monitoring Station - Jaeger Reserve - 149 Hill Street, IC18/13679 ⇩

2 Report - Council meeting - 5 June 2018 - Proposed Air Quality Monitoring Station - Jaeger Reserve, 2018/1260 ⇩

3 Air Quality Monitoring Station, D18/25325 ⇩

4 Map - Depicting Proposed Location - Air Quality Monitoring Station - Jaeger Reserve, D18/25339 ⇩

Council	Percentage
Albury	39%
Tamworth	32%
Orange	27.5%
Wagga	29%
Bathurst	19%

Lot	Deposited Plan	Area (m2)	Owner
3	6662	65	Council
2	6662	125	Council
1	6662	360	Council
7307	1163739	135	Crown


Political	Council is provided an opportunity to raise matters of importance at the annual conference through this process. Motions must be relevant to Local Government, and fall within the categories identified in this report.