Ordinary Council Meeting

 

Agenda

 

18 August 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 Council Chamber, Civic Centre, Byng Street, ORANGE WITH AN OPTION OF ONLINE CONFERENCING PLATFORM ZOOM DUE TO COVID-19 REQUIREMENTS on  Tuesday, 18 August 2020  commencing at 7.00pm.

 

 

David Waddell

Chief Executive Officer

 

For apologies please contact Administration on 6393 8218.

  

 


Council Meeting                                                                                           18 August 2020

Agenda

EVACUATION PROCEDURE

In the event of an emergency, the building may be evacuated. You will be required to vacate the building by the rear entrance and gather at the breezeway between the Library and Art Gallery buildings. This is Council's designated emergency muster point.

Under no circumstances is anyone permitted to re-enter the building until the all clear has been given and the area deemed safe by authorised personnel.

In the event of an evacuation, a member of Council staff will assist any member of the public with a disability to vacate the building.

  

1                Introduction.. 4

1.1            Apologies and Leave of Absence. 4

1.2            Livestreaming and Recording. 4

1.3            Opening Prayer. 4

1.4            Acknowledgement of Country. 4

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

2                Mayoral Minutes. 4

Nil

COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE OPEN FORUM

COUNCIL MEETING RESUMES

3                Confirmation of Minutes of Previous Meeting.. 5

3.1            Minutes of the Ordinary Meeting of Orange City Council held on 11 August 2020  6

4                Notices of Motion/Notices of Rescission.. 13

Nil

5                General Reports. 15

5.1            Recommendations and Resolutions from Policy Committees. 15

5.2            Statement of Investments - July 2020. 31

5.3            Update on Outstanding Resolutions of Council including Questions Taken on Notice and Notices of Motions. 37

5.4            Community Committee - Councillor Membership and Charters. 73

5.5            Strategic Policy Review.. 93

5.6            Code of Conduct Complaint Reporting. 165

5.7            Project Activities August 2020. 167

5.8            Minutes of the Audit and Risk Management Committee meeting of 29 May 2020  175

5.9            Initial Categorisation of Council Managed Crown Land. 325

5.10         Request for Financial Assistance - Orange Wine Festival 331

5.11         Extension of Tenure of Independent Members of the Audit Risk and Improvement Committee. 341

5.12         Classification of Council Managed Crown Land as Operational Land. 355

5.13         Development Application DA 356/2019(1) - 149 Byng Street 357

5.14         Development Application DA 140/2020(1) - 5-17 and 46-60 Edward Street 419

5.15         Federal Local Roads and Community Infrastructure Program and Resources for Regions Projects. 453

6                Closed Meeting - See Closed Agenda.. 459

6.1            Sale 24 Astill Drive Orange. 461

6.2            Tender for Construction of Orange Regional Gallery Extension. 463

6.3            Tenders Stage 2 - Internal Fitout of the Animal Shelter. 465

7                Resolutions from closed meeting.. 466

 


Council Meeting                                                                                           18 August 2020

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.

1.3     Opening Prayer

1.4     Acknowledgement of Country

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

1.5     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.

Recommendation

It is recommended that Councillors now disclose any conflicts of interest in matters under consideration by the Council at this meeting.

 

 

2       Mayoral Minutes

Nil    


 

 

3       Confirmation of Minutes of Previous Meeting

RECOMMENDATION

That the Minutes of the Ordinary Meeting of Orange City Council held on 11 August 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 11 August 2020.

Attachments

1        Minutes of the Ordinary Meeting of Orange City Council held on 11 August 2020



ORANGE CITY COUNCIL

 

MINUTES OF THE

Ordinary Council Meeting

HELD IN Council Chamber, Civic Centre, Byng Street, Orange AND via Online Conferencing Platform Zoom

ON 11 August 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 (Zoom), 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 (Redmond), Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Acting Manager Corporate Governance (Constantine), Manager Financial Services (Zoom), Executive Support Manager.

 

1.1     APOLOGIES

Nil

1.2     LIVESTREAMING AND RECORDING

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

1.3     ACKNOWLEDGEMENT OF COUNTRY

The Mayor conducted the Acknowledgment of Country.

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

 

Cr McRae declared a Significant Pecuniary interested in Item 2.1 of the Infrastructure Policy Committee (Minutes of the City of Orange Traffic Committee Meeting 14 July 2020) as she is a business owner in the area noted in part 3.4 of this item.

2       Mayoral Minutes

Nil 

Cr Romano acknowledged the passing of Mrs Kidd (the Mayors Mother) and Council held a minute’s silence in her memory.

Cr Romano acknowledged the passing of Cr Mario Previtera and Council held a minute’s silence in his memory.

RESOLVED - 20/223                                                                          Cr S Romano/Cr S Munro

1           That the Chief Executive Officer organise a memorial for Cr Mario Previtera and provide options to his family for a suitable location from:

·      Pinnacle Road Reserve

·      Gosling Creek

·      Bathurst Road Rest Stop (when constructed)

2        That the Chief Executive Officer provide a report back to Council with the options available and preferred location of the family.

 

3       Confirmation of Minutes of Previous Meeting

RESOLVED - 20/224                                                                           Cr J Hamling/Cr S Munro

That the Minutes of the Ordinary Meeting of Orange City Council held on 21 July 2020 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate record of the proceedings of the Council meeting held on 21 July 2020.

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.10PM

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.20PM

**Cr Romano left the meeting with the time being 8.21pm and did not return.**

4       Notices of Motion/Notices of Rescission

4.1     Notice of Motion - 75th Anniversaries of the Atomic Bombings of Hiroshima and Nagasaki

TRIM Reference:        2020/929

This ITEM WAS WITHDRAWN

 


 

5       General Reports

5.1     Health and Innovation Precinct Masterplan Adoption

TRIM Reference:        2020/1064

MOTION                                                                                           Cr J Hamling/Cr J Whitton

That Council resolves:

1        That the Health and Innovation Precinct Masterplan be adopted.

2        That Orange City Council continue to work with the NSW Government, agencies and stakeholders to realise the goals of Health and Innovation Precinct Masterplan.

AMENDMENT                                                                                     Cr S Nugent/Cr T Mileto

That Council resolves:

1        That the Health and Innovation Precinct Masterplan be adopted with the addition of Master Planning Principle 7 – Green Space & Passive Recreation.

2        That Orange City Council continue to work with the NSW Government, agencies and stakeholders to realise the goals of Health and Innovation Precinct Masterplan.

THE AMENDMENT ON BEING PUT TO THE MEETING WAS LOST

For: Cr Nugent

Against: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Taylor, Cr Turner, Cr Whitton

Absent: Cr Romano

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

RESOLVED - 20/237                                                                         Cr J Hamling/Cr J Whitton

That Council resolves:

1        That the Health and Innovation Precinct Masterplan be adopted.

2        That Orange City Council continue to work with the NSW Government, agencies and stakeholders to realise the goals of Health and Innovation Precinct Masterplan.

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 Romano

 

Cr Taylor stated that the community should be reminded that the radiata pines are on the northern nine holes of the golf course not on Bloomfield gardens.

Cr Mileto asked if the radiata pines can be harvested and potentially used for construction.

Cr Kidd stated this can definitely be looked into.

 

Cr Nugent stated that submissions talked about the open space issue and that this would be looked at in future stages but does not say when.

The Acting Director Corporate & Commercial Services stated that consultation would be part of future stages as they progress.


 

 

5.2     Demolition of Perry Oval Amenities Building

TRIM Reference:        2020/1233

MOTION                                                                                              Cr R Turner/Cr S Munro

That Council approve the demolition of the Perry Oval Amenities building.

AMENDMENT                                                                                          Cr R Kidd/Cr G Taylor

That this item be deferred until such time as Councillors are briefed and a site inspection undertaken.

THE AMENDMENT ON BEING PUT TO THE MEETING WAS CARRIED AND BECAME THE MOTION

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent , Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Romano

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

RESOLVED - 20/238                                                                                 Cr R Kidd/Cr G Taylor

That this item be deferred until such time as Councillors are briefed and a site inspection undertaken.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent , Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Romano

 

Cr Taylor requested the cost of commissioning the assessment reports of Cook Roe.

The Director Community, Recreation & Cultural Services stated that he will need to clarify however it would be in the order of $1500-$2000. There are 2 different reports addressing different aspects.

 

Cr Taylor stated the intention was to restore Perry Oval for community use, that quotes from local tradies should be obtained for a replacement roof and that he cannot see where $122,000 comes from.

 

Cr Duffy stated we should see what the tradies can do, that he is concerned about the money spent on the report and questions the whole process.

 

Cr Mileto started he will support another look at it and questioned whether the repairs would satisfy the insurer. He congratulated Council on getting the reports to see what we have, giving clarity on the estimated costs.

 

Cr Whitton stated that it is already a Council asset which we are obligated and responsible to keep in a state of usability. This site would be ideal for farmers markets.

 

Cr Hamling stated that if the money is spent on the grounds it will be used, and once the ground is suitable then council should apply for grant funding.

 

The Chief Executive Officer advised that project Perry Oval includes the Surface, Irrigation & Toilet Block in line with the Council resolution at budget time.

 

The Director Community, Recreation & Cultural Services stated that the ground is being used by many groups and agreed with the commentary on its condition. $30,000 is being invested on irrigation of the ground and there is a demand for amenities.

 

5.3     Progress Report - Operational Plan 2019/2020 (Delivery Program Year 2) - Quarter 4

TRIM Reference:        2020/1263

RESOLVED - 20/239                                                                            Cr S Nugent/Cr S Munro

That the Progress Report - Operational Plan 2019/2020 (Delivery Program Year 2) - Quarter 4 be acknowledged.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent , Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Romano

 

5.4     Tourism and Event Marketing

TRIM Reference:        2020/1292

RESOLVED - 20/240                                                                          Cr J Whitton/Cr S Nugent

That the report by the Acting Director of Corporate and Commercial Services be acknowledged.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent , Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Romano

 

Cr Duffy asked if the $100,000 for Orange 360 has been approved.

The Chief Executive Officer stated that this is currently on exhibition.

6       Closed Meeting

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

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

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

RESOLVED - 20/241                                                                           Cr J Hamling/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     2019/2020 Water/Sewerage Charges - 9-17 Edward Street Orange

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 (b) the personal hardship of any resident or ratepayer.

6.2     Lease Hangar X 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.

 

    

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 8.59pm.

The Mayor declared the Ordinary Meeting of Council resumed at 9.20pm.

7       Resolutions from Closed Meeting

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

6.1     2019/2020 Water/Sewerage Charges - 9-17 Edward Street Orange

TRIM Reference:        2020/1199

RESOLVED - 20/242                                                                           Cr J Whitton/Cr S Munro

1        That the combined total water consumption charges over the 4 billing periods of $4,905.98 be reduced by 40% to $2,943.59, being a credit of $1,962.39.

2        That the combined total sewerage charges over the 4 billing periods of $18,981.02 be reduced to $15,049.80 (the minimum charge applicable to the site), being a credit of $3,931.22.

3        That the total interest charges of $1,605.01 be written off.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent , Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Romano


 

 

6.2     Lease Hangar X Orange Airport

TRIM Reference:        2020/1256

RESOLVED - 20/243                                                                             Cr K Duffy/Cr J Whitton

That Council resolves:

1       To enter into a lease of Hangar X for a term of 5 years plus 4, 5 year options.

2       That approval be granted for the use of the Council Seal on all relevant documents.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent , Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Romano

 

The Meeting Closed at 9.22PM

This is Page Number 12 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 11 August 2020.

  


Council Meeting                                                                                           18 August 2020

4       Notices of Motion/Notices of Rescission

Nil


Council Meeting                                                                                           18 August 2020

 

 

5       General Reports

5.1     Recommendations and Resolutions from Policy Committees

TRIM REFERENCE:        2020/1456

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

 

Recommendation

1     That the resolutions made by the Planning and Development Committee at its meeting held on 11 August 2020 be noted.

2     That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 11 August 2020 be noted.

3     That the resolutions made by the Infrastructure Policy Committee at its meeting held on 11 August 2020 be noted.

4     That the resolutions made by the Finance Policy Committee at its meeting held on 11 August 2020 be noted.

5     That the resolutions made by the Services Policy Committee at its meeting held on 11 August 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 11 August 2020, all resolutions were made under delegation, and the minutes are presented for noting.

Employment and Economic Development Committee

At the Employment and Economic Development Committee meeting held on 11 August 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 11 August 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 11 August 2020, all resolutions were made under delegation, and the minutes are presented for noting.

Services Policy Committee

At the Services Policy Committee meeting held on 11 August 2020, all resolutions were made under delegation, and the minutes are presented for noting.

 

 

Attachments

1          PDC 11 August 2020 Minutes, 2020/1359

2          EEDPC 11 August 2020 Minutes, 2020/1360

3          IPC 11 August 2020 Minutes, 2020/1364

4          FPC 11 August 2020 Minutes, 2020/1365

5          SPC 11 August 2020 Minutes, 2020/1366

 


Planning and Development Committee                                               18 August 2020

Attachment 1      PDC 11 August 2020 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Planning and Development Committee

HELD IN Council Chamber, Civic Centre, Byng Street, Orange AND via Online Conferencing Platform Zoom

ON 11 August 2020

COMMENCING AT 7.10pm


 1      Introduction

Attendance

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

Chief Executive Officer, Acting Director Corporate and Commercial Services (Redmond), Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Acting Manager Corporate Governance (Constantine), Manager Financial Services (Zoom), Executive Support Manager.

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

2.1     Item Approved Under the Delegated Authority of Council

TRIM Reference:        2020/1287

RESOLVED - 20/225                                                                           Cr J Whitton/Cr S Munro

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.

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: Nil


 

 

2.2     Development Application DA 155/2020(1) - 7 William Maker Drive

TRIM Reference:        2020/1208

Cr Nugent asked if sediment control provisions are adequate for the site.

The Director of Development Services advised that Staff and the Environmental Health and Building Officers have been actively enforcing sediment control for the past 18 months.

RESOLVED - 20/226                                                                             Cr K Duffy/Cr J Whitton

That Council consents to development application DA155/2020(1) for Subdivision (13 lot residential and drainage reserve), Demolition (outbuilding and tree removal), Earthworks and Category 1 Remediation Works at Lot 1 DP 366693, 7 William Maker Drive, Orange pursuant to the conditions of consent in the attached Notice of Determination.

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: Nil

 

2.3     Electronic lodgement of planning applications on the NSW Planning Portal

TRIM Reference:        2020/1209

Cr Duffy asked if the new system will make Development Application determinations quicker.

The Director Development Services advised that digital plans will assist in the process and that other Councils who have implemented the process have found some reduction in the average assessment time.

RESOLVED - 20/227                                                                            Cr S Nugent/Cr S Munro

That the information contained in the report by the Manager Development Assessments on ePlanning – Electronic lodgement of planning applications on the NSW Planning Portal be acknowledged.

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: Nil


 

 

2.4     Development Application DA 41/2020(1) - 72 Hill Street

TRIM Reference:        2020/1245

Recommendation                                                                            Cr K Duffy/Cr S Nugent

That Council confirms the previous decision made in relation to DA 41/2020(1) for Hotel or Motel Accommodation (conversion of manager’s residence to guest room) at Lot 100 DP 1103216 - 72 Hill Street, Orange, as per the previously issued Notice of Determination (attached).

AMENDMENT                                                                                      Cr K Duffy/Cr J Hamling

That Council determines DA 41/2020(1) for Hotel or Motel Accommodation (conversion of manager’s residence to guest room) at Lot 100 DP 1103216 - 72 Hill Street, Orange, as per the previously issued Notice of Determination (attached) minus Condition 4.

ON BEING PUT THE AMENDEMENT WAS PASSED AND BECAME THE MOTION

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: Nil

RESOLVED - 20/228                                                                             Cr K Duffy/Cr J Hamling

That Council determines DA 41/2020(1) for Hotel or Motel Accommodation (conversion of manager’s residence to guest room) at Lot 100 DP 1103216 - 72 Hill Street, Orange, as per the previously issued Notice of Determination (attached) minus Condition 4 requiring parking contributions.

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: Nil

 

2.5     Development Application DA 210/2020(1) - 80 Summer Street

TRIM Reference:        2020/1266

 

Cr Duffy applauded the win/win situation of this application for the developers, staff and councillors.

RESOLVED - 20/229                                                                              Cr S Nugent/Cr K Duffy

That Council consents to development application DA 210/2020(1) for Recreation Facility (indoor) (change of use) at Lot 2 DP 1181850 - 80 Summer Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.

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: Nil

The Meeting Closed at 7.27PM


Employment and Economic Development Policy Committee        18 August 2020

Attachment 2      EEDPC 11 August 2020 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Employment and Economic Development Policy Committee

HELD IN Council Chamber, Civic Centre, Byng Street, Orange AND via Online Conferencing Platform Zoom

ON 11 August 2020

COMMENCING AT 7.28pm


 1      Introduction

Attendance

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

Chief Executive Officer, Acting Director Corporate and Commercial Services (Redmond), Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Acting Manager Corporate Governance (Constantine), Manager Financial Services (Zoom), Executive Support Manager.

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       Committee Minutes

2.1     Minutes of the Economic Development Community Committee held 15 July 2020

TRIM Reference:        2020/1236

RESOLVED - 20/230                                                                              Cr R Kidd/Cr S Romano

1        That Council acknowledge the reports presented to the Economic Development Community Committee at its meeting held on 15 July 2020.

2        That the minutes of the Economic Development Community Committee be adopted.

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: Nil

3       General Reports

3.1     Updated Spendmapp Data for the COVID-19 Restricted Period

TRIM Reference:        2020/1262

RESOLVED - 20/231                                                                               Cr R Kidd/Cr S Nugent

That Councillors acknowledge the report on the Updated Spendmapp Data for the COVID-19 Restricted Period.

 

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: Nil

 

Cr Kidd thanked staff for the report on Spendmapp Data and noted this is the way we keep track of how things are going in the retail sector.

 

The Meeting Closed at 7.30PM


Infrastructure Policy Committee                                                         18 August 2020

Attachment 3      IPC 11 August 2020 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Infrastructure Policy Committee

HELD IN Council Chamber, Civic Centre, Byng Street, Orange AND via Online Conferencing Platform Zoom

ON 11 August 2020

COMMENCING AT 7.30pm


 1      Introduction

Attendance

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

Chief Executive Officer, Acting Director Corporate and Commercial Services (Redmond), Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Acting Manager Corporate Governance (Constantine), Manager Financial Services (Zoom), Executive Support Manager.

 

APOLOGIES AND LEAVE OF ABSENCE

Nil

 

1.1     DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS

 

Cr McRae declared a Significant Pecuniary Interest in item 2.1 as she is a business owner in the area noted in point 3.4 of this item.

2       Committee Minutes

2.1     Minutes of the City of Orange Traffic Committee Meeting - 14 July 2020

TRIM Reference:        2020/1205

Cr McRae declared a Significant Pecuniary Interest in this item as she is a business owner in the area noted in point 3.4, left the meeting with the time being 7.31pm and did not participate in discussion or voting on this item.

RESOLVED - 20/232                                                                          Cr S Romano/Cr R Turner

That Council resolves:

1        To acknowledge the reports presented to the City of Orange Traffic Committee at its meeting of 14 July 2020.

2        Recommendations 3.1, 3.2, 3.4 and 3.5 from the minutes of the City of Orange Traffic Committee meeting of 14 July 2020 being:

3.1     That the 2020 Altitude event be approved subject to the attached conditions of consent;

3.2     That Council erects the new bus zone signs;

3.4     That Council implement the DPI on street parking strategy as attached to this report with the addition of a bus stop in Anson Street near DPI and with the addition of signage within bus zones allowing taxis to stop for 1 minute;

3.5     That Council installs BB centre lines along Lister Drive.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Mileto, Cr Munro, Cr Nugent , Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr McRae

 

**Cr McRae returned to the meeting with the time being 7.35pm**

3       General Reports

3.1     Current Works

TRIM Reference:        2020/1250

RESOLVED - 20/233                                                                           Cr J Hamling/Cr S Munro

That Council resolves to note the report on Current Works.

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: Nil

 

Cr Kidd advised that there has been recent media coverage of water spilling over the lake Canobolas wall and that this water does not go into Orange’s catchment as it is part of Cabonne. Cr Kidd advised he will be participating in a story with ABC to explain where Orange’s water storage is.

 

Cr Taylor asked if there was a plan for long term additional storage.

 

The Director Technical Services stated that we do have a Plan the Integrated Water Cycle Management plan or IWCM which is up for renewal and community consultation will take place, once the State releases their new modelling. Council will be updated with information on the secure yield and demand as well as assessing solutions.

 

Cr Hamling asked if the projected housing increase was taken into account when the plan was done.

 

The Director Technical Services stated yes it looks at projected growth, and historically Orange has experienced a steady growth of around 250 to 300 housing lots per year.

 

Cr Kidd stated that dams are currently being reviewed in particular Wyangala, and the movements in pipelines, and asked if this was part of the IWCM.

 

The Director Technical Services stated no it was not part of the IWCM but part of separate reports which we contributed to by the Central JO and DPIE Water on Regional Water Security.

 

Cr McRae stated there was a motion resolved in February regarding municipal waste water and asked where that was up to.

 

The Director Technical Services advised the recycling of municipal waste water will be looked at in detail in the new IWCM.

 

Cr Kidd stated he has advised the Minister that Orange would like to pilot a micro effluent re-use facility.

 

Cr Turner asked where the Blackmans Swamp storm water harvesting scheme was up to.

 

The Director Technical Services advised stage 2 is currently being developed with a number of steps including compulsory land acquisition, design, community consultation, review of environmental factors and approvals with a view to completion of preliminary items by December 2020 and construction works in 2021.

 

MATTER ARISING                                                                                                                         

Cr Turner requested a report be provided to Council on the figures for Stormwater Harvesting from subdivisions.

Cr Nugent asked if there was any plan to install footpaths on Dalton Street in the vicinity of Dudley Private Hospital after he was approached by a member of the community with concerns about pedestrian access in the area.

The Director Technical Services stated that this can be considered.

The Chief Executive Officer stated that Council will receive a full list of projects.

 

Cr Duffy thanked staff for the prompt attention given to potholes on Ophir Road.

 

Cr Hamling stated at the last Council Meeting the issue of Ploughmans Lane funding was raised and asked if Council has the money.

The Director Technical Services stated yes it has been committed, however we do not yet have the funding deed.

 

Cr Whitton congratulated the Director Technical Services, the Chief Executive Officer and Staff on the work started and completed during the COVID period and congratulated the staff and Councillors for keeping the city viable with projects during this time.

 

Cr Hamling asked where the Mt Canobolas Mountain Bike track was up to after he was told by the State Member it was in Council’s hands.

The Chief Executive Officer advised that the track requires approval which is the first step.

Cr Kidd asked does this have to be done with Cabonne Council.

The Chief Executive Officer advised it will be collaboration with the land owners, state and Cabonne Council.

 

Cr Romano requested if the matter of a chair lift was raised with the Minister.

Cr Kidd stated that once the Environmental Impact Study (EIS) is complete this can occur.

 

Cr Hamling asked where the Cricket Centre and Sporting Precinct where up to.

The Director Community, Recreation & Cultural Services stated that the cricket centre was in front of schedule for completion at the end of September. He can organise a walk through with Councillors with it aiming to be operational by the end of October 2020.

 

The Director Community, Recreation & Cultural Services stated that the Sporting Precinct has 4 real components, funding from the state, timing of less than 2 years to complete the project under the agreement, finalising the end of lease arrangements for the ex-services club, preparing and submitting the DA to Council with its own separate areas of clearing the site, civil works, athletics track and main sporting areas. Council has entered into an arrangement with the public works advisory. Supporting information is currently being prepared for the development application with the first DA to come before council in the next couple of months.

 

Cr Munro asked if Councillors could be shown through the proposed sporting precinct site.

The Director Community, Recreation & Cultural Services advised that he would be happy to show Councillors through at any time.

 

Cr Kidd stated that the radiata pines on the site were planted by the golf club to define the fairways and are not part of the Bloomfield grounds that have native shrubs and trees.

The Meeting Closed at 8.05PM


Finance Policy Committee                                                                        18 August 2020

Attachment 4      FPC 11 August 2020 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Finance Policy Committee

HELD IN Council Chamber, Civic Centre, Byng Street, Orange AND via Online Conferencing Platform Zoom

ON 11 August 2020

COMMENCING AT 8.05pm


 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 (Zoom), Cr T Mileto, Cr S Munro, Cr S Nugent, Cr G Taylor, Cr R Turner,

Chief Executive Officer, Acting Director Corporate and Commercial Services (Redmond), Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Acting Manager Corporate Governance (Constantine), Manager Financial Services (Zoom), Executive Support Manager.

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

2.1     Request for Financial Assistance - Post Exhibition - Duntryleague Golf Club

TRIM Reference:        2020/1131

RESOLVED - 20/234                                                                          Cr S Romano/Cr S Munro

That Council support the request for Financial Assistance from Duntryleague Golf Club to:

1        To support the diversion of stormwater from Woodward Street 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.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Mileto, Cr Munro, Cr Nugent , Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Cr McRae

Absent: Nil

 

Cr McRae stated she had raised concerns regarding Councils liability and warranty for Council or Council Staff during any works process.

The Acting Director Corporate & Commercial Services stated that Council will not be undertaking any works, will create a deed of release and also have insurance and public liability insurance.

 

Cr Nugent stated that the diversion of some of the storm water may also have some benefits in water infrastructure for the city.

The Director Technical Services advised the catchment to be detoured amounts to 4 hectares, the total catchment of the city is 3000 hectares, therefore only 0.1% of the total impervious area is proposed to be detoured. Any additional overflow from the dam will return to the catchment. The diversion also takes some pressure from the existing system and allows existing pipes to hold more capacity.

 

Cr Mileto asked what the wages component comprise of as this sets a precedent.

Cr Kidd stated that this does not set a precedent but in fact Council has invested in a number of facilities such as toilet blocks at Waratahs and Kinross which could also be considered for profit organisation.

The Director Technical Services advised that the total cost includes the value for the pipes and installation costs, no-one is getting paid as such, but it totals the in-kind value all up.

 


 

Cr McRae stated that this information is conflicting and asked if Council is doing the works.

The Director Technical Services stated that Council will install the pipes on our footpath but not undertake any dam works.

 

2.2     Request for Financial Assistance - Banjo Paterson Festival - National Bush Poetry Championships - 18 to 20 February 2020

TRIM Reference:        2020/1265

RESOLVED - 20/235                                                                           Cr S Nugent/Cr R Turner

That Council resolves that funding of $12,000 be made from the Quick Response Event Sponsorship Funding Program to Rotary Club of Orange Inc. (Banjo Paterson Festival – National Bush Poetry Championships 2020).

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: Nil

 

Cr Duffy asked if the event did not go ahead would the organisation keep the money.

The Chief Executive Officer advised no, the funds will be returned if it does not go ahead.

 

The Meeting Closed at 8.17PM


Services Policy Committee                                                                        18 August 2020

Attachment 5      SPC 11 August 2020 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Services Policy Committee

HELD IN Council Chamber, Civic Centre, Byng Street, Orange AND via Online Conferencing Platform Zoom

ON 11 August 2020

COMMENCING AT 8.18pm


 1      Introduction

Attendance

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

Chief Executive Officer, Acting Director Corporate and Commercial Services (Redmond), Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Acting Manager Corporate Governance (Constantine), Manager Financial Services (Zoom), Executive Support Manager.

 

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       Committee Minutes

2.1     Minutes of the NAIDOC committee meeting held on 9 July 2020

TRIM Reference:        2020/1251

RESOLVED - 20/236                                                                         Cr J Whitton/Cr J Hamling

1        That Council acknowledge the reports presented to the NAIDOC Week Community Committee at its meeting held on 9 July 2020.

2        That the remainder of the minutes of the NAIDOC Week Community Committee at its meeting held on 9 July 2020 be adopted.

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: Nil

 

Cr Nugent stated that the Orange Naidoc Week has been moved to coincide with the national dates of 8-15 November 2020 which will be the first time is has been run at the same time. The challenge will be what events and what format can be used.

 

QUESTION TAKEN ON NOTICE                                                                               Cr S Nugent

Cr Nugent requested that Council’s Event Management Team assist the Naidoc committee by providing support and guidance relating to upcoming events and the COVID-19 requirements.

 

 

The Meeting Closed at 8.20PM


Council Meeting                                                                                           18 August 2020

 

 

5.2     Statement of Investments - July 2020

TRIM REFERENCE:        2020/1355

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 July 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

 

Recommendation

That Council resolves:

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

2     To adopt 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 31 July 2020, the investments held by Council in each fund is shown below:

 

 

31/07/2020

30/06/2020

General Fund

69,739,640.53

69,249,826.66

Water Fund

57,860,451.54

60,892,280.89

Sewer Fund

50,308,439.29

52,948,375.58

 

 

 

Total Funds

177,908,531.36

183,090,483.13

 

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:

 

31/07/2020

30/06/2020

Externally Restricted

 

 

-     General Fund

29,242,915.50

29,048,626.27

-     Water Fund

57,860,451.54

60,892,280.89

-     Sewer Fund

50,308,439.29

52,948,375.58

-     Auspiced

1,906,880.24

1,702,428.42

Internally Restricted

21,911,638.65

21,481,818.40

Unrestricted

16,678,206.14

17,016,953.57

Total Funds

$177,908,531.36

$183,090,483.13

 

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 change in the restrictions during July are in part from the conclusion of the 2020 financial year and the utilisation of restricted assets for the funding of capital projects. Council’s cash flow is monitored on a daily basis and some investments have been redeemed rather than rolled over to support operational 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 July 2020 remained at 0.25 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 1.38 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 July 2020, the AusBond rate was 0.98 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 1.38 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%

22.40%

77.60%

3 - 12 Months

100.00%

45.06%

54.94%

1 - 2 Years

70.00%

19.89%

50.11%

2 - 5 Years

50.00%

12.65%

37.35%

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%

8.26%

91.74%

$14,691,761.55

0.25%

AAA

100.00%

0.00%

100.00%

N/A

N/A

AA

100.00%

31.90%

68.10%

$56,756,160.00

1.38%

A

60.00%

30.58%

29.42%

$54,400,000.00

1.31%

BBB & NR

40.00%

29.26%

10.74%

$52,060,609.81

1.56%

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                                                                                           18 August 2020

 

 

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

TRIM REFERENCE:        2020/1272

AUTHOR:                       Janessa Constantine, Acting Manager Corporate Governance    

 

 

EXECUTIVE Summary

Council previously received separate reports for Questions Taken on Notice, progress of Councillor Notices of Motions, and outstanding Council Resolutions. A list of updates on each of these are now provided together. Only matters requiring action to be taken are noted in this report including outstanding items from the start of the Council term. After completion, these items will be removed from this listing, however will be available for administrative purposes.

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

 

Recommendation

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

 

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

Attached is a listing of tasks requiring action or follow up by Council staff from the commencement of the Council term. This list identifies progress on decisions of Council, including Councillor Notices of Motion and Questions Taken on Notice. Upon completion, items will be noted as such and removed after production to Council.

 

Attachments

1          Working Document - Outstanding Resolutions for Council Meetings, 2019/2006

2          Completed Resolutions from Council Meetings (including Questions Taken on Notice etc) - Summary, 2019/937

 


Council Meeting                                                                                                                     18 August 2020

Attachment 1      Working Document - Outstanding Resolutions for Council Meetings

OUTSTANDING QUESTIONS TAKEN ON NOTICE/MATTERS ARISING FROM COUNCIL MEETINGS

 

Date of Meeting

Meeting

Questions on Notice/Matters Arising

Action Taken

To be completed

21-Jul-20

 

CCL

QUESTION TAKEN ON NOTICE
Cr Nugent asked if Council made application in the Stronger Communities Fund.

 Information to be provided.

 

21-Jul-20

 

CCL

QUESTION TAKEN ON NOTICE
Cr Mileto asked if a timeframe could be provided with regard to LED lights for Jack Brabham Park at Bernie Stedman Field.

Lights are not included in forward plans as yet.

 

21-Jul-20

 

CCL

QUESTION TAKEN ON NOTICE
Cr Hamling asked if the $200,000 can be matched by another body such as Destination NSW and if local contractors could be involved.

Council seeking grant funding.

 

21-Jul-20

 

CCL

MATTER ARISING
Cr Whitton asked that a news article on Orange being in the top 5% of First Home Buyers be provided to Councillors.

Acting Director Corporate & Commercial Services to circulate.

 

7-Jul-20

 

CCL

MATTER ARISING
Cr Nugent asked a question in regard to an easement line across the site and whether a grove of gum trees was still on the site. The meeting was advised that staff would investigate.

The trees have been maintained in the DA consent.

 

7-Jul-20

 

IPC

Cr Romano raised the issue of missing street signs on Peisley Street between Casey Street and Matthews Avenue.

Passed onto Works to order and action.

 

 

7-Jul-20

 

IPC

Cr Mileto raised the issue of dangerous driving near the intersection of Gardiner Road and Hill Street and requested that traffic counting devices be installed. The Director Technical Services advised that the devices could be installed.

Blackspot application for 2021/22 being prepared now.

 

 

7-Jul-20

 

IPC

Cr Previtera raised the issue of congestion in south Lords Place near the Essential Energy depot during drop off at the Anson Street Public School.

Discussions between the school and Essential Energy to facilitate this has begun.

 

7-Jul-20

 

FPC

MATTER ARISING
Cr Kidd requested that the original resolution when the expo first went to Council be reviewed in relation to the intention for seed funding rather than ongoing support.

Information to be provided.

 

16-Jun-20

 

CCL

MATTER ARISING
Cr Duffy requested a cost estimate of a CBD mall from in Anson Street from Summer Street to Kite Street.

 Information to be provided.

 


 

16-Jun-20

 

CCL

MATTER ARISING
Cr Kidd requested a report on the vacant number of empty shops in the CBD. The CEO advised that retail consultant Peter Leyshon would come to Orange to give a session to Councillors on retail trends.

15% - Leyshon briefing Council on 18 August.

Effectively, "retail" vacancies are 7%-8% (when considering proposals in DAs, type of business, etc).

 

16-Jun-20

 

CCL

MATTER ARISING
Cr Nugent requested that water bird monitoring data from Spring Creek Reservoir be included in report.

Water-bird monitoring data is being sourced from the Orange Field Naturalist & Conservation Society Inc. This information will be provided to the author of the report on recreational use of this facility.

 

16-Jun-20

 

CCL

MATTER ARISING
Cr Nugent request a report be presented on how Council best implement access to the wetlands while protecting the ecological value and water quality issues at the wetland.  

Seeking further clarification.

 

2-Jun-20

 

ESPC

MATTER ARISING
The Mayor requested that information be provided to the media on Council’s progress in regard to solar energy.

 Report to ESCC on 14th August.

 

2-Jun-20

 

CCL

MATTER ARISING
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.

 Social Media policy is within the Code of Conduct.

 

19-May-20

CCL

MATTER ARISING
Cr Munro requested that the Chief Executive Officer follow up on where the extra parking at the Orange Health Services is up to.

Country club parking complete.
"Golf club parking not built."

 

4-Feb-20

CCL

Cr McRae requested Councillors be provided with a briefing on the supply agreements with Cadia.

Currently being prepared.

 

4-Feb-20

CCL

Cr Duffy requested that a question he raised at the meeting of 14 January 2020 be addressed regarding water security and whether land purchased on the Macquarie River is available to our Council as a water licence and sought information to be circulated to Councillors as to the details of that licence and the basis for purchasing the land.

 

This matter to be followed up.

 

8-Nov-19

IPC

QUESTION TAKEN ON NOTICE
Cr Romano requested information be provided on the availability of dedicated Councillor parking spaces at the Civic Centre.

Options being investigated as part of Old Williams project.

 

17-Sep-19

CCL

MATTER ARISING
Cr Duffy requested a report be brought to Council identifying the mechanisms available to address suitable locations in Orange for development of social housing.

Research into this matter underway as part of Local Housing Strategy (LHS) to consider options that take into account environmental and socio-economic factors. LHS on exhibition June 2020.

 

6-Aug-19

PDC

Cr Duffy requested a report be provided to Council regarding 62 Byng Street and Highland Heritage on the differences in Court determined DA costs versus original costs as well as the costs incurred from hearing the matters in Court.

Scheduled for Council Meeting of 17 December 2019.

 

4-Jun-19

EEDPC

QUESTIONS TAKEN ON NOTICE
Cr Kidd requested an update on the current status of relationships and activities with the Sister Cities and also on any visits planned in the future.

Updates on the Sister Cities, including visits planned, were included in the Sisters Cities Community Committee meeting on 25 July 2019. As there was no quorum at that meeting, these updates could not go up to Council via the Employment and Economic Development Policy Committee.
Preliminary discussions on these requested updates and a review of Sister Cities has begun ahead of a full report to Council.

 

5-Mar-19

ESPC

MATTER ARISING
Cr Nugent requested a report be brought back to Council on examples of how other Councils protect trees and in particular the use of tree bonds.

Information to be provided.

 

 


 

OUTSTANDING RESOLUTIONS FROM COUNCIL MEETINGS

 

Date of Meeting

Meeting

Resolution

Action Taken

To be completed

21-Jul-20

CCL

5.8 LOCAL STRATEGIC PLANNING STATEMENT 2020
TRIM REFERENCE: 2020/1200
RESOLVED - 20/222 Cr S Romano/Cr S Munro
That Council acknowledge the attached draft Local Strategic Planning Statement (LSPS) and resolve to place the LSPS on public exhibition for a period of 28 days.

The Local Strategic Planning Statement is currently on exhibition. Exhibition closes on Monday, 24 August 2020.

 

21-Jul-20

CCL

4.1 NOTICE OF MOTION
TRIM REFERENCE: 2020/1130
RESOLVED - 20/214 Cr S Nugent/Cr R Kidd
That Council prepare a report outlining:
1 Current use of single use plastic across all Council operations;
2 Available alternatives to single use plastic items currently in use in Council operations and Council run or sponsored events;
3 Achievable timeframes to phase out single use plastic in Council operations and Council run or sponsored events where alternatives are available; and
4 Achievable timeframes for developing a Single Use Plastics Policy that addresses the reduction of single use plastics in Council operations and events, supports the 2025 National Packaging targets, and identifies suitable alternatives, including timeframes for implementation.

Ongoing – Relevant council staff have met and have started planning the project to gather data to be able to prepare the report.

 

 

7-Jul-20

CCL

6.1 AIRPORT SERVICES EXPANSION
TRIM REFERENCE: 2020/1065
RESOLVED - 20/210 Cr K Duffy/Cr S Munro
That Council finalise the agreement to expand services at the Orange Airport as per the conclusion of this report.

To be finalised.

 

7-Jul-20

CCL

5.4 THE SPRINGS; AN ABORIGINAL AND NON-ABORIGINAL FRINGE CAMP LOCATED IN SOUTH ORANGE - CONSERVATION MANAGEMENT PLANS AND FUTURE DIRECTIONS FOR THE SITE - REPORT FOLLOWING PUBLIC EXHIBITION PERIOD
TRIM REFERENCE: 2020/1076
RESOLVED - 20/208 Cr S Nugent/Cr T Mileto
1 That the Archaeological Assessment and Heritage Study, Conservation Management Plan and the Heritage Landscape Plan be adopted by Council.   
2 That a more focussed multiyear action list be developed in consultation with OLALC and Council as funding and resources permit.
3 That further consultation, investigation and history be developed on the Rifle Range and Tip area, which may form a Heritage Study/ Conservation Management Plan.

Noted - Council working with OLALC to develop Plan.  Council to Conduct further research on the Rifle Range and Tip area.  Funding to be sought for a study to be developed.

 

 

7-Jul-20

PDC

2.3 DEVELOPMENT APPLICATION DA 120/2020(1) - 52-54 BATHURST ROAD, AND 25 AND 27 EYLES STREET (TACO BELL)
TRIM REFERENCE: 2020/1005
RESOLVED - 20/193 Cr J Whitton/Cr S Munro
That Council consents to Development Application DA 120/2020(1) for Takeaway Food and Drink Premises and Signage at Lot 507 DP 712206, and Lots 3 and 4 DP 37362 – 52 54 Bathurst Road, Orange, and 25 and 27 Eyles Street, Orange pursuant to the conditions of consent in the attached Notice of Approval with the additional condition of no parking line marking on the driveway to the property south of the development in Eyles Street.

Determination issued on 14 July 2020.

 

 

7-Jul-20

PDC

2.2 DEVELOPMENT APPLICATION DA 234/2018(1) - 129-133 SALE STREET (CALDWELL HOUSE)
TRIM REFERENCE: 2020/294
RESOLVED - 20/192 Cr S Nugent/Cr T Mileto
With respect to development application DA 234/2018(1) for Demolition of a Heritage Item (all buildings, structures and vegetation to be removed) and Category 1 Remediation (asbestos removal) at Lot 2 DP 1230592 - 129-133 Sale Street, Orange it is recommended that Council:
1 Note the contents of the planning report and the recommendations therein.
2 Accept the terms of the draft notice of determination.
3 Direct Council staff to obtain the concurrence of either the applicant or the Minister as required by Section 4.33 of the Environmental Planning and Assessment Act.
4 That Council delegate the authority to determine Development Application DA 234/208(1) to the Chief Executive Officer subject to the receipt of concurrence from the Crown.

Council wrote to the applicant on 13 July 2020 requesting concurrence with the draft Notice of Determination. To date there has not been a response from the applicant.

 

 

7-Jul-20

FPC

2.2 REQUEST FOR FINANCIAL ASSISTANCE - SUSTAINABLE LIVING EXPO - 25 OCTOBER 2020
TRIM REFERENCE: 2020/1008
RESOLVED - 20/201 Cr S Nugent/Cr S Munro
That Council resolves:
That funding of $7,000 be made from the Event Sponsorship Funding Program to Rotary Club of Orange Inc. (Sustainable Living Expo 2020).

Funding to be provided.

 

16-Jun-20

CCL

6.4 INITIATIVES TO SUPPORT CBD BUSINESSES
TRIM REFERENCE: 2020/932
RESOLVED - 20/183 Cr S Nugent/Cr S Munro

That Council resolves:
1 That the report by the Acting Chief Executive Officer be acknowledged.
2 That a business support program be developed as part of the OC Future City Project.

Program to be developed.

 

2-Jun-20

PDC

2.4 HERITAGE STUDY REVIEW
TRIM REFERENCE: 2020/819
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.

The Heritage Study Review has been publicly exhibited. Exhibition closed on Friday, 31 July 2020.

 

 

2-Jun-20

PDC

2.2 PLANNING PROPOSAL TO AMEND ORANGE LOCAL ENVIRONMENTAL PLAN 2011 - REZONING OF 185 LEEDS PARADE
TRIM REFERENCE: 2020/750
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.

The planning proposal (now LEP Amendment 27) has received a Gateway Determination and is currently on public exhibition. Exhibition closes on Monday, 24 August 2020.

 

 

2-Jun-20

CCL

6.3 HEALTH INFRASTRUCTURE AGREEMENT
TRIM REFERENCE: 2020/781
RESOLVED - 20/165  Cr J Whitton/Cr M Previtera

That Council resolves:
1 To offer to Health Infrastructure the arrangements outlined in the conclusion of this report.
2 That authority be granted to the CEO to finalise negotiations.
3 That authority be granted for the use of the Council Seal on any documentation if required.

To be finalised.

 

2-Jun-20

CCL

5.7 CITY ENTRANCE SIGN CONCEPTUAL DESIGN
TRIM REFERENCE: 2020/814
RESOLVED - 20/161 Cr R Kidd/Cr S Munro

That a report be brought back to Council on entrance signage at the intersection of the Northern Distributor Road and Mitchell Highway on the eastern approach including detail on size, ambience and cost implications and that the design include an acknowledgement to the Wiradjuri people as the traditional owners of this land and the inclusion of flags.

Costing circulated. Report to Council 1 September 2020.

 

19-May-20

CCL

6.1 EOI - LOAN BORROWINGS CONFIDENTIAL
TRIM REFERENCE: 2020/709
RESOLVED - 20/143  Cr S Munro/Cr R Turner

That Council resolves:
1 That the loan funds be drawn from the National Australia Bank repaid in semi-annual instalments over 10 years.
2 That should the National Australia Bank be unable to furnish our request, the loan funds are drawn from NSW Treasury (T-Corp) to be repaid over ten years in quarterly instalments.
3 That an application be submitted under the NSW State Government’s – Low Cost Loan Initiative – Round three, for an interest rate subsidy.
4 That the Chief Executive Officer be authorised to execute relevant documents.
5 That approval be granted for use of the Council Seal on all relevant documents if required.
6 That necessary advice be supplied to the NSW Government on Council’s borrowings.

Waiting on information from Planning NSW.

 

7-Apr-20

CCL

6.1 LEASE HANGAR T ORANGE AIRPORT
TRIM REFERENCE: 2020/482
RESOLVED - 20/107  Cr K Duffy/Cr S Munro

That Council resolves:
1 To enter into a five year lease with four options of five years of Hangar Site T at Orange Airport with Orange Helicopters Pty Ltd commencing 7 April 2020.
2 That permission be granted to use the Council seal on all necessary documentation.

Waiting on lease to be signed by lessee.

 

7-Apr-20

CCL

2.3 MAYORAL MINUTE - INSURANCE FOR VOLUNTARY ORGANISATIONS
TRIM REFERENCE: 2020/507
RESOLVED - 20/098  Cr K Duffy/Cr S Nugent

That Council investigate the possibilities to lighten the financial burden of insurance for community groups that organise local events for community benefit either through fundraising or providing entertainment.

Progressing.

 

7-Apr-20

CCL

2.2 MAYORAL MINUTE - MAYORAL CENTROC AND CNSW JOINT ORGANISATION BOARD REPORT
TRIM REFERENCE: 2020/502
RESOLVED - 20/097  Cr R Turner/Cr S Nugent

That the Mayoral Report from the Board meetings for Centroc and the Central NSW Joint Organisation Meeting held 27 February 2020 in Grenfell be noted; and
1 Council receive a report on its Sister City relationships with a view to fostering closer links to communities in western Sydney; and
2 Council provide advice to the JO on its position with regard to climate change and advice on programming being undertaken with a view to this being showcased.

1 - Progressing
2 - JO notified.

 

17-Mar-20

CCL

6.4 TENDER FOR CONSTRUCTION OF ORANGE REGIONAL GALLERY EXTENSION
TRIM REFERENCE: 2020/462
RESOLVED - 20/094  Cr J Hamling/Cr J McRae

That Council resolves:
1 That Council declines to accept any tender for the Construction of the Orange Regional Gallery Extension F3020-8 as all tender submissions exceeded the available funds for this component of the project.
2 That Council not call fresh tenders as it may delay the project and impact upon the current funding milestones, possibly putting funding at risk.
3 That Council enters into negotiations with the two highest tender submissions being Renascent Regional Pty Ltd and North Construction and Building Pty Ltd with a view to revising the project scope and to identify innovative solutions and cost savings to deliver the project.
4 That Council explores additional funding that may be able to address any shortfall in the construction of the Orange Regional Gallery Extension.

Report to Council 18 August 2020.

 

17-Mar-20

CCL

5.13 NAMING - CRICKET CENTRE OF EXCELLENCE
TRIM REFERENCE: 2020/464
RESOLVED - 20/088  Cr J Whitton/Cr J Hamling

That Council resolve:
1 That Council name the Cricket Centre of Excellence at Wade Park the Carl Sharpe Cricket Centre; and
2 That within the foyer of the Cricket Centre Orange, cricketers or administrators who have significantly contributed to this country or the region in cricket, will be documented through a photo portrait and text of their achievements.

Resolution noted.  Work commencing to collate information for display of foyer of Cricket Centre.

 

17-Mar-20

CCL

5.9 LEASE OF WENTWORTH PARK RESERVE TRUST
TRIM REFERENCE: 2020/424
RESOLVED - 20/084  Cr R Turner/Cr S Munro

1 That Council resolve to agree to allow the surrender of the current lease of the Wentworth Park Reserve Trust to Wentworth Golf Club Ltd and simultaneously enter into a 21 year lease of the Wentworth Park Reserve Trust with Orange Ex-Services Club Limited on terms and conditions acceptable to Council.
2 That approval be granted for the use of the Council Seal on any necessary documentation if required.

Draft surrender documents developed and the matter is progressing.

 

17-Mar-20

CCL

5.5 TOWAC EQUINE PRECINCT - CONTRIBUTIONS PLAN AND DEVELOPMENT CONTROL PLAN
TRIM REFERENCE: 2020/418
RESOLVED - 20/081  Cr K Duffy/Cr S Romano

That Council resolves to:
1 Endorse and adopt the contributions plan in relation to the Towac Equine Precinct subject to the Minister of Planning authorising a variation to the contributions cap.
2 Endorse and adopt the draft Development Control Plan provisions, to be known as chapter 6A of Orange DCP 2004.
3 Subject to the above, Council endorse the making of Orange Local Environmental Plan 2011 – Amendment 17 to establish the Towac Equine precinct and instruct staff to pursue finalisation of this matter with the Department of Planning, Industry and Environment.

With applicant.

 

17-Mar-20

CCL

5.4 LOCAL HOUSING STRATEGY
TRIM REFERENCE: 2020/46
RESOLVED - 20/080  Cr S Nugent/Cr R Turner

That Council resolves to:
1 Note the Local Housing Strategy research report and Departmental guidelines.
2 To place the research phase material and departmental guidelines on exhibition for a period of 28 days seeking preliminary community feedback.
3 Prepare and present a draft strategy to Council for consideration before formal exhibition.
4 That the draft strategy be intended to address the housing needs of Orange residents through to 2036 including, but not limited to, all socioeconomic groups, age brackets and levels of mobility and independence.

Stages 1 and 2 complete. Public exhibition commenced.

 

3-Mar-20

CCL

2.1 MAYORAL MINUTE - MARGARET STREET RAIL CROSSING
TRIM REFERENCE: 2020/332
RESOLVED - 20/052  Cr R Kidd/Cr S Munro

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

Investigation underway. Application is in to open March Street.

 

3-Mar-20

CCL

RESOLVED - 20/019  Cr J Hamling/Cr G Taylor
Cr Hamling put a motion that a shelter at Brendon Sturgeon Oval be named after Harry Greenhalgh who lost his life in a tragic water skiing accident. Harry was a member of the Bloomfield Junior Rugby League Club.

Project still being completed.

 

4-Feb-20

CCL

4.3 NOTICE OF MOTION - DEVELOPMENT OF CLIMATE CHANGE STRATEGIC POLICY
TRIM REFERENCE: 2020/105
RESOLVED - 20/031  Cr S Nugent/Cr J Hamling

That Council develop a strategic policy on Council’s future response to climate change including mitigation, adaption and risk management issues.

Currently developing this policy which will require extensive consultation and investigation.

 

3-Dec-19

SRPC

2.1 BMX TRACK - ANZAC PARK                                             2019/1431
RESOLVED - 19/545  Cr S Nugent/Cr M Previtera

That Council resolves to:
1 Note the amended Master Plan for Anzac Park.
2 Demolish the existing BMX Track and level the residual soil to enable use as a green space.

Acknowledged.  DA being prepared for open space and quotations obtained for demolition of track. Report to Council September 2020.

 

22-Oct-19

CCL

6.1 ASPHALT PLANT ORANGE                                                2019/1947
RESOLVED - 19/504  Cr K Duffy/Cr S Munro
1 That the report by the Manager of Corporate and Community Relations be acknowledged.
2 That Council continues to support the establishment of an asphalt plant in Orange when opportunities arise.
3 That discussion take place between the Chief Executive Officer, Director Technical Services, Cr R Kidd and Cr J Whitton.

Meeting to be scheduled. Also meeting Downer this week and Boral have shown renewed interest in submitting a DA for a plant at Shadforth's.

 

 


Council Meeting                                                                                                                     18 August 2020

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

COMPLETED

REGISTER – QUESTIONS ON NOTICE & MATTERS ARISING

As at August 2020

Date of Meeting

Meeting

QUESTIONS ON NOTICE/MATTERS ARISING

Action Taken/Comment 

STATUS

21 July 2020

CCL

MATTER ARISING
Cr Kidd advised a letter had been sent from the Federal Member to the Federal Minister for Agriculture asking for support for the Australian National Field Days and requested a copy of the letter be circulated to Councillors.

Letter emailed to Councillors on 22 July 2020.

 

21 July 2020

CCL

QUESTION TAKEN ON NOTICE
Cr Duffy stated an accommodation provider advised him the turnover from April 2020 was $14,000 compared to $190,000 in April 2019 and asked what other organisations Council contributes towards tourism funding.

Report to Council 4 August.

 

21 July 2020

CCL

QUESTION TAKEN ON NOTICE

Cr Nugent advised it was a good initiative and asked if there was a possibility that the saved funds can be rolled back into the revolving energy fund to assist other projects.

The CEO stated it was not part of the revolving energy fund, and Councillors will be provided with further information.

Dave Waddell advises the following:

The Revolving Energy Fund was set up by Council several years ago using seed funding from a failed wind project.

 

It is a self-funding fund if that makes sense, not a place for new funds to be put without Council resolution.

 

21 July 2020

CCL

QUESTION TAKEN ON NOTICE
Cr Duffy asked if the lighting could be coloured in Summer Street.

A number of coloured LED lights were trialled and found not to be as reliable.

 

21 July 2020

CCL

MATTER ARISING
Cr Mileto commended Newcrest on providing sanitizing stations across the local sporting fields and requested Council write to Newcrest and commended the organisation on this great initiative.

Letter sent.

 

7 July 2020

FPC

MATTER ARISING
Cr Taylor advised that a number of churches had been undertaking renovation work including the retaining wall renovation at St Josephs and the new roof at Holy Trinity. Cr Kidd advised he would write to the churches on behalf of Council congratulating them on the work undertaken.

Letters have been sent.

 

7 July 2020

CCL

MATTER ARISING
That the Chief Executive Officer arrange a suitable time for the Councillor Policy Review Committee to meet

Councillor Policy Review Committee meeting was scheduled for 3 August 2020, however postponed to a date to be set.

 

7 July 2020

IPC

MATTER ARISING
Cr Taylor raised the issue of parking and signage in middle of Dalton Street near the new DPI site. The matter will be referred to the City of Orange Traffic Committee to best determine how the centre street parking can be managed.

Report went to City of Orange Traffic Committee meeting held on 11 August 2020 recommending to not use for centre parking. Minutes will be presented to Council 1 September 2020.

 

16 June 2020

CCL

MATTER ARISING
Cr Duffy asked when could the Policy Review Committee meet. The CEO advised that a response would be forthcoming.

 The Committee meeting was set for 3 August 2020 however was postponed.

 

16 June 2020

CCL

MATTER ARISING
Cr Turner requested that congratulations be passed on to Wayne Davis, Manager Waste Services and Technical Support, regarding the Resource Recovery Centre and how tidy it is looking.

Complete.

 

16 June 2020

CCL

MATTER ARISING
Cr Hamling asked where the Mountain Bike Park proposal was up to. 

The Mayor advised that the matter had been raised at a recent meeting with the Minister for Energy and Environment, Matt Keane, and there would be a follow up meeting with representatives of the National Parks and Wildlife Service to put Orange’s case.

 

16 June 2020

CCL

MATTER ARISING
Cr Duffy asked when a section of Icely Road would be repaired.

The Director of Technical Services advised it would be considered under the repair budget but was not in the plans for a renewal.

 

2 June 2020

CCL

MATTER ARISING
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.

 

2 June 2020

IPC

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.

Noted.

 

2 June 2020

FPC

MATTER ARISING
Cr Mileto asked to be provided with details of a previous loan agreement with the Club (Duntryleague).

Email to Councillors 12 June - Duntryleague has repaid their $110,000.00 loan in full as at 13 November 2019.
COMPLETE.

 

19 May 2020

CCL

Cr Nugent requested a site visit of The Springs be held for all Councillors.

 

Visit occurred Tuesday 7 July 2020.

 

19 May 2020

CCL

In response to queries from Cr Hamling on the 1 June opening of regional NSW for travel again, Director Technical Services undertook to obtain an update from Qantas on its proposal to fly to Orange.

Obtaining update from Qantas.

 

 

12-May-20

IPC

MATTER ARISING
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.

Report to be provided to 16 June 2020 meeting.

 

 

12-May-20

SRPC

MATTER ARISING
Councillor Duffy requested a list be circulated to Councillors on the steps required to be taken by Council in order to remove the BMX track.

Steps involve a DA then contracted soil removal.

 

3-Mar-20

 

CCL

MATTER ARISING
Cr Duffy requested Council be provided an update on the
overhead bridge on Cecil Road.

Weight limits imposed by John Holland with School Bus exemptions. Bridge is a rail asset and renewal not likely to be known until new rail operator is known.

 

4-Feb-20

IPC

Cr Taylor requested the traffic committee consider an extension of parking times on Sale and Prince Street from 1 to 2 hours given the number of elderly persons that use the area.

Parking strategy complete for times around DPIE building. Will also continue to monitor demand.

 

 

4 Feb 2020

IPC

Cr Whitton requested the traffic committee consider safety issues at the intersection of March Street and Lords Place.

Report went to City of Orange Traffic Committee meeting held on 18 June 2020. It was resolved to monitor crash history at the intersection.

 

4-Feb-20

CCL

6.1 AIRPORT SERVICE EXPANSION
TRIM REFERENCE: 2020/55
RESOLVED - 20/038 Cr K Duffy/Cr S Munro

That Council finalise the agreement to expand services at the Orange Airport.

Further report went to Council 7 July 2020.

 

3 December 2019

IPC

Cr Taylor asked that sewer flows in Nathan Street being investigated and a permanent solution identified as it was occurring approximately every three months and was a significant issue for residents.

 

Some sections reconstructed and root intrusions removed. Completed in December 2019.

 

 

3 December 2019

SPC

MATTER ARISING
Cr Duffy requested a report on the Historical Society and where old photographs are up to and has Council identified storage areas for them.

20,000 key images copied. Accessible storage for digitised images currently being finalised.
Draft budget has $20,000 p.a.

 

1 October 2019

CCL

MATTER ARISING
Cr Mileto requested that information be provided to Councillors on Council’s liability for damage from street trees.

Information provided to Manager for distribution to Councillors.

 

2 July 2019

IPC

QUESTIONS TAKEN ON NOTICE
Cr Taylor requested information be provided regarding the ability to dredge or de-silt the city’s water supply dams and re-visit the use of Lucknow mine water as an emergency water supply.

 

Information provided.

 

 

 

 

 

COMPLETED

REGISTER – RESOLUTIONS & NOTICES OF MOTION

Date of Meeting

Meeting

Resolution

Action Taken/Comment 

STATUS

21 July 2020

CCL

5.6 COVID 19 ORANGE 360 RESPONSE
TRIM REFERENCE: 2020/1151
RESOLVED - 20/220 Cr S Munro/Cr R Turner
That council exhibit for 28 days the intention to increase funding by $100,000 to TDO Ltd trading as Orange 360 for the purposes of COVID rebound initiatives and marketing.

Placed on exhibition. Closed 24 August 2020.

 

21 July 2020

CCL

5.4 BLAYNEY CABONNE ORANGE (BCO) ALLIANCE
TRIM REFERENCE: 2020/1122
RESOLVED - 20/218 Cr R Turner/Cr S Nugent
That Council approve the Mayor and Chief Executive Officer to sign the BCO Alliance Memorandum of Understanding at a formal event to be held in September 2020 at a date to be organised.

Date to be set for function and signing.

 

21 July 2020

CCL

5.3 GRANT FUNDING AND PROJECT PRIORITIES
TRIM REFERENCE: 2020/928
RESOLVED - 20/217 Cr K Duffy/Cr J Whitton
That Council note this report and note the grant submissions recently put forward to the State and Federal Governments and endorse the suggested project priority list.

 

 

7 July 2020

SPC

2.1 MINUTES OF THE NAIDOC COMMITTEE MEETING HELD ON 5 MARCH 2020
TRIM REFERENCE: 2020/1084
RESOLVED - 20/203 Cr J Hamling/Cr S Romano
1 That Council acknowledge the reports presented to the NAIDOC Week Community Committee at its meeting held on 5 March 2020.
2 That the remainder of the minutes of the NAIDOC Week Community Committee at its meeting held on 5 March 2020 be adopted.

Noted and Actions Complete.

 

 

7 July 2020

IPC

 

 

 

 

 

2.3 MINUTES OF THE CITY OF ORANGE TRAFFIC COMMITTEE MEETING - 18 JUNE 2020
TRIM REFERENCE: 2020/1015
RESOLVED - 20/197 Cr J Hamling/Cr R Kidd
That Council resolves:
1 To acknowledge the reports presented to the City of Orange Traffic Committee at its meeting of 18 June 2020.
2 Recommendations 3.1, 3.2, 3.4 and 3.6 to 3.8 from the minutes of the City of Orange Traffic Committee meeting of 18 June 2020 being:
3.1 That Council approves the 2020 NAIDOC march subject to the attached Conditions of Consent;
3.2 That Council installs “No Stopping” signs at the corner of Breen Street and Wentworth Lane as per Figure 1 of this report;
3.4 That Council extends the existing one hour parking 11m south as shown in Annexure A of this report;
3.6 That Council adopts the lines and signs within Annexure A of this report;
3.7 That Council adopts the lines and signs shown within Annexure A of this report;
3.8 That Council notes the body of this report and staff continues to monitor the crash history at the intersection.

Arrangements made for signs and lines to be installed and conditional approval sent for march.

 

 

7 July 2020

IPC

2.2 MINUTES OF THE CITY OF ORANGE TRAFFIC COMMITTEE EXTRAORDINARY MEETING - 12 MARCH 2020
TRIM REFERENCE 2020/1077
RESOLVED - 20/196 Cr R Kidd/Cr S Munro
1. That Council resolves to acknowledge the report presented to the City of Orange Traffic Committee at its meeting of 12 March 2020.
2. Recommendation 2.1 from the minutes of the City of Orange Traffic Committee meeting of 12 March 2020 being ‘That Council approves the 2020 – 2021 Orange Cycle Club races subject to the attached conditions of consent’.

Conditional approval sent.

 

 

7 July 2020

IPC

2.1 MINUTES OF THE CITY OF ORANGE TRAFFIC COMMITTEE EXTRAORDINARY MEETING - 5 FEBRUARY 2020
TRIM REFERENCE 2020/1014
RESOLVED - 20/195 Cr J Hamling/Cr S Munro
That Council resolves to acknowledge the report presented to the City of Orange Traffic Committee at its meeting of 5 February 2020.

Conditional approval sent.

 

 

7 July 2020

EEDPC

2.1 MINUTES OF THE ECONOMIC DEVELOPMENT COMMUNITY COMMITTEE HELD 10 JUNE 2020
TRIM REFERENCE: 2020/1035
RESOLVED 20/194 Cr S Nugent/Cr K Duffy
1 That Council acknowledge the reports presented to the Economic Development Community Committee at its meeting held on 10 June 2020.
2 That the minutes of the Economic Development Community Committee be adopted with the inclusion of Amanda Spalding as being in attendance at the meeting.

Noted.

 

7 July 2020

ESPC

2.1 MINUTES OF THE COMPANION ANIMALS COMMUNITY COMMITTEE OF 10 FEBRUARY 2020
TRIM REFERENCE: 2020/945
RESOLVED - 20/199 Cr S Nugent/Cr S Munro
1 That Council acknowledge the reports presented to the Companion Animals Community Committee at its meeting held on 10 February 2020.
2 That the minutes of the Companion Animals Community Committee at its meeting held on 10 February 2020 be adopted.

Noted.

 

7 July 2020

FPC

2.1 REQUESTS FOR FINANCIAL ASSISTANCE - QUARTER 1 OF 2020/2021 - SMALL DONATIONS PROGRAM
TRIM REFERENCE: 2020/989
RESOLVED - 20/200 Cr R Turner/Cr S Nugent
The Council resolves:
1 That a donation of $2,000.00 be made from the Small Donations Program to The Shepherd Centre (Talk Together Connection).
2 That a donation of $2,000.00 be made from the Small Donations Program to Fusion Central West NSW (Fusion Community Centre (Youth and Community Activities and Programs)).
3 That the intention to donate an extra $2,250.00 from the Small Donations Program to Fusion Central West NSW (Fusion Community Centre (Youth and Community Activities and Programs)) be placed on exhibition for 28 days.
4 That a donation of $2,000.00 be made from the Small Donations Program to Lifeline Central West (Support for Lifeline Services).
5 That the intention to donate an extra $2,250.00 from the Small Donations Program to Lifeline Central West (Support for Lifeline Services) be placed on exhibition for 28 days.
6 That a donation of $2,000.00 be made from the Small Donations Program to Spring Hill Activities Group (Spring Hill Honour Wall).
7 That a donation of $2,000.00 be made from the Small Donations Program to Cerebral Palsy Alliance (Purchase of Equipment (therapeutic, physiotherapy and occupational therapy)).
8 That a donation of $2,000.00 be made from the Small Donations Program to Teach Learn Grow (Rural Program (extra assistance for school students in Glenroi community)).
9 That a donation of $1,500.00 be made from the Small Donations Program to Canobolas Highland Pipe Band (Community Service (public band performances)).
10 That a donation of $2,000.00 be made from the Small Donations Program to City of Orange Brass Band (Community Service (public band performances - offset impact of recent renovations and restricted fund-raising opportunities)).

 

E-mails to applicants on 13 July 2020. Payment requests to Creditors on 13 July 2020. EFT will be processed on 15 July 2020.

 

 

7 July 2020

FPC

2.3 REQUEST FOR FINANCIAL ASSISTANCE - POST EXHIBITION - ORANGE UNITING CHURCH
TRIM REFERENCE: 2020/1078
RESOLVED - 20/202 Cr S Munro/Cr K Duffy
That Council allocate funding of $27,000 to Orange Uniting Church for the purpose of lighting the church spire.

E-mail to applicant on 13 July 2020. Payment request to Creditors on 13 July 2020. EFT will be processed on 15 July 2020.

 

 

7 July 2020

CCL

6.2 TENDER FOR DEPOT ADMINISTRATION BUILDING
TRIM REFERENCE: 2020/1102
RESOLVED - 20/211 Cr S Munro/Cr J Hamling
That Council resolves to:
1 Authorise the Chief Executive Officer, or his nominee, to enter into a standard contract with Saran NSW Pty Ltd for the Construction of the Orange City Council Depot Administration Building for the amount of $866,507.24 plus GST;
2 Grant permission to the Chief Executive Officer or nominee to do such things as may be necessary or convenient to give effect to this decision, including affixing the Council Seal to all relevant documents if required.

Contracts executed.

 

 

7 July 2020

CCL

5.3 CLASSIFICATION OF LAND - DRAINAGE RESERVE CONNEMARA DRIVE
TRIM REFERENCE: 2020/1040
RESOLVED - 20/207 Cr S Nugent/Cr M Previtera
1 That Lots 316 and 317 DP 1264617 Connemara Drive Orange be classified as Operational Land pursuant to the Local Government Act 1993.
2 That authority be granted to affix the Council Seal on all necessary documentation.

Land register noted.

 

7 July 2020

CCL

5.2 STRATEGIC POLICY REVIEW
TRIM REFERENCE: 2020/1056
RESOLVED - 20/206 Cr R Turner/Cr J Hamling
That Council resolves to:
1 Place the following policy on public exhibition for a period of 28 days:
• ST029 – Donations and Grants
2        That the policy be referred to the Councillor Policy Review Committee for comment.

Placed on public exhibition. Closes 7 August 2020.

 

 

7 July 2020

CCL

5.1 COUNCILLOR AND MAYORAL REMUNERATION
TRIM REFERENCE: 2020/1069
RESOLVED - 20/205 Cr K Duffy/Cr S Munro
That Council resolves that the Councillor allowance be set at $24,320 and the Mayoral Allowance be set at $60,080 for 2020/21 being the maximum for Regional Centre Councils as determined by the Local Government Remuneration Tribunal on 10 June 2020.

Complete.

 

16 June 2020

CCL

6.3 VISY RECYCLING AND JR RICHARDS & SONS PROPOSED RECYCLABLES SUPPLY AGREEMENT
TRIM REFERENCE: 2020/914
RESOLVED - 20/182  Cr J McRae/Cr S Nugent

That Council resolves to:
1 Delegates to the CEO and Mayor to approve by application of the Council Seal to vary the existing domestic waste and recycling contract between Orange City Council and JR & EG Richards Pty Ltd to pay for increased recycling processing costs by Visy Recycling up to $45.00 (plus GST) per tonne indexed by the CPI for a two year contract term commencing 1 July 2020 to 30 June 2022; and
2 That Council relinquishes the existing Refund Sharing Agreement with Visy Recycling under the NSW Container Deposit Scheme and formally advises the Environment Protection Authority of the termination date, being 30 June 2020.

Deed of Variation to Contract organised following Council meeting resolution on 16/6/2020 to accept additional $45/tonne processing cost for recyclables by Visy & EPA advised of relinquishment of CDS Refund Sharing Agreement with Visy.

 

 

16 June 2020

CCL

6.2 ACQUISITION OF EASEMENT - STAGE 4 SOUTHERN FEEDER ROAD - LOT 44 DP788920
TRIM REFERENCE: 2020/837
RESOLVED - 20/181  Cr J Hamling/Cr K Duffy

1 That Council acquire an easement approximately 605 m2 over Lot 44 DP 788920 under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991.
2 That the Chief Executive Officer be authorised to finalise the acquisition.
3 That permission be granted for the use of the Council Seal on any document if required.

Easement will be registered following construction.

 

16 June 2020

CCL

6.1 ACQUISITION OF EASEMENT - SPRING CREEK/ICELY ROAD PIPELINE - LOT 111 DP 736116
TRIM REFERENCE: 2020/834
RESOLVED - 20/180  Cr S Munro/Cr K Duffy

1 That Council acquire as easement approximately 0.1176 ha over Lot 111 DP 736116 under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991.
2 That the Chief Executive Officer be authorised to finalise the acquisition.
3 That permission be granted for the use of the Council Seal on any document if required.

Works have been undertaken.

 

16 June 2020

CCL

5.5 ORANGE REGIONAL GALLERY EXTENSION
TRIM REFERENCE: 2020/933
RESOLVED - 20/178  Cr S Nugent/Cr J Hamling

That Council adopt the Fundraising Strategy as detailed in this report.

Adopted.

 

16 June 2020

CCL

5.4 SYNTHETIC TURF WITHIN ROAD VERGES                                                2020/855
TRIM REFERENCE: 2020/855
RESOLVED - 20/177  Cr R Turner/Cr K Duffy
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.

Advice passed onto relevant staff.
COMPLETE.

 

 

16 June 2020

CCL

4.2 NOTICE OF MOTION - ROWING ON SPRING CREEK RESERVOIR - ORANGE COMMUNITY ROWING CLUB
TRIM REFERENCE: 2020/879
RESOLVED - 20/172  Cr R Kidd/Cr R Turner

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” and that Mr Joe Donnelly be invited to be the person to be in discussion with Kinross Wolaroi School in conjunction with Council.

Letter sent - Mayor and CEO met with representative and group established to investigate.

 

 

16 June 2020

CCL

4.1 RESCISSION MOTION - REMOVAL OF NO-FISHING SIGN, PLOUGHMANS CREEK WETLANDS
TRIM REFERENCE: 2020/907
RESCISSION MOTION Cr S Nugent/Cr J McRae

That Council rescind the following resolution of the Council Meeting of 2 June 2020:
4.1 Notice of Motion - Removal of No Fishing Sign, Ploughmans Creek Wetlands
 TRIM Reference: 2020/850
RESOLVED - 20/154  Cr M Previtera/Cr S Romano
That Council remove the recently installed No Fishing Sign at Ploughmans Creek Wetlands and once again allow fishing at the wetlands.

THE RESCISSION MOTION ON BEING PUT TO THE MEETING WAS LOST

COMPLETE.

 

 

2 June 2020

FPC

2.2 REQUEST FOR FINANCIAL ASSISTANCE - DUNTRYLEAGUE GOLF CLUB
TRIM REFERENCE: 2020/849

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).

On public exhibition until 10 July 2020.

 

 

2 June 2020

FPC

2.1 REQUEST FOR FINANCIAL ASSISTANCE - LIFELINE CENTRAL WEST
TRIM REFERENCE: 2020/815
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.

E-mail to applicant on 2 June 2019. 28-day exhibition effected. Donation approved by CEO on 1 July 2020. Payment details to Creditors on 1 July 2020. EFT, effective in 2019/2020 financial year, paid on 8 July 2020.

Alex Ferguson from Lifeline Central West addressed Council at its meeting on 7 July 2020.

 

 

2 June 2020

PDC

2.3 DEVELOPMENT APPLICATION DA 54/2020(1) - 153-157 PEISLEY STREET, ORANGE                                                                                                                2020/818
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.

Determination issued 4 June 2020.

COMPLETE.

 

2 June 2020

CCL

6.8 TENDER FOR CONSTRUCTION OF SOUTHERN FEEDER ROAD STAGE 3
TRIM REFERENCE: 2020/832
RESOLVED - 20/170  Cr S Munro/Cr T Mileto

1 That Council enters into a contract with Hamcon Civil Pty Ltd (MAAS) to construct Stage 3 of the Southern Feeder Road (Tender F2993) based on their initial tendered Lump Sum of $6,854,830 less identified savings of $189,500.
2 That the common seal of Council be authorized for use on all relevant documents associated with this contract.

Tender awarded to Hamcon (MAAS) - Leewood to Highway - contract awarded.
Soft start late September.

 

2 June 2020

CCL

6.7 ACQUISITION OF EASEMENT - STAGE 4 SOUTHERN FEEDER ROAD - LOT 193 DP 756899
TRIM REFERENCE: 2020/836
RESOLVED - 20/169  Cr S Munro/Cr M Previtera

That Council resolves:
1 That Council acquire as easement approximately 441.1 m2 over Lot 193 DP 756899 under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991.
2 That the Chief Executive Officer be authorised to finalise the acquisition.
3 That permission be granted for the use of the Council Seal on any document if  required.

Documentation signed and works may commence.  Easement to be registered following works which are not expected to commence until the beginning of 2021.

 

2 June 2020

CCL

6.6 ACQUISITION OF EASEMENT - SPRING CREEK/ICELY ROAD PIPELINE - LOT 2 DP 577491
TRIM REFERENCE: 2020/835
RESOLVED - 20/168  Cr J Hamling/Cr S Munro

That Council resolves:
1 That Council acquire as easement approximately 0.1154 ha over Lot 2 DP 577491 under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991.
2 That the Chief Executive Officer be authorised to finalise the acquisition.
3 That permission be granted for the use of the Council Seal on any document if  required.

Approval to commence works obtained.  Easement will be registered following completion of works which is expected in approximately September 2020.

 

2 June 2020

CCL

6.5 ACQUISITION OF EASEMENT - SPRING CREEK/ICELY ROAD PIPELINE - LOT 1 DP 739045
TRIM REFERENCE: 2020/833
RESOLVED - 20/167  Cr J Hamling/Cr S Munro

That Council resolves:
1 That Council acquire as easement approximately 0.0524 ha over Lot 1 DP 739045 under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991.
2 That the Chief Executive Officer be authorised to finalise the acquisition.
3 That permission be granted for the use of the Council Seal on any document if  required.

Approval to commence works obtained.  Easement will be registered following completion of works which is expected in approximately September 2020.

 

2 June 2020

CCL

6.4 ACQUISITION OF EASEMENTS - SPRING CREEK/ICELY ROAD PIPELINE - LOT 51 DP1132549
TRIM REFERENCE: 2020/831
RESOLVED - 20/166  Cr K Duffy/Cr S Munro

That Council resolves:
1 That Council acquire as easement approximately 0.1012 ha over Lot 51 DP 1132549 under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991.
2 That the Chief Executive Officer be authorised to finalise the acquisition.
3 That permission be granted for the use of the Council Seal on any document if  required.

Approval to commence works obtained.  Easement will be registered following completion of works which is expected in approximately September 2020.

 

2 June 2020

CCL

6.2 ACQUISITION OF LAND - FOOTPATH ALONG NORTHERN DISTRIBUTOR ROAD
TRIM REFERENCE: 2020/763
RESOLVED - 20/164  Cr K Duffy/Cr S Munro

That Council resolves:
1 To acquire approximately 1,645m2 of part Lot 52 DP835576 for the construction of a footpath along the Northern Distributor Road.
2 That upon acquisition, the land be classified as Operational.
3 To delegate to the Chief Executive Officer such authority as may be necessary or convenient to give effect to this resolution, including without limitation the affixing of the Seal of the Council on any document if required.

 

Property owners advised. Documentation in the process of being finalised.

 

 

2 June 2020

CCL

6.1 TENDERS FOR THE UPGRADE OF FOREST ROAD FROM BLOOMFIELD HOSPITAL TO CADIA ROAD
TRIM REFERENCE: 2020/704
RESOLVED - 20/163  Cr K Duffy/Cr S Munro

That Council resolves to:
1 Approve the Chief Executive Officer, or his nominee, to enter into a standard contract with Hynash Constructions Pty Ltd for the upgrade of Forest Road from Bloomfield Hospital to Cadia Road for the amount of $1,289,393.23 plus GST;
2 Grant permission to the Chief Executive Officer or nominee to do such things as may be necessary or convenient to give effect to this decision, including affixing the Council Seal to all relevant documents if required.

Contracts executed 6 July 2020.

 

 

2 June 2020

CCL

5.6 LEASE 73A HILL STREET TO ORANGE REGIONAL CONSERVATORIUM INC
TRIM REFERENCE: 2020/812
RESOLVED - 20/160  Cr S Munro/Cr J McRae

That Council resolves:
1 To enter into a 3 year lease with one 3 year option with the Orange Regional Conservatorium Inc.
2 That permission be granted to use the Council seal on all necessary documentation.

Lease drafted.

 

2 June 2020

CCL

5.5 LEASE RIAWENA OVAL TO ORANGE DISTRICT CRICKET ASSOCIATION
TRIM REFERENCE: 2020/810
RESOLVED - 20/159  Cr J Hamling/Cr K Duffy

That Council resolves:
1 To enter into a 5 year lease with four 5 year options with the Orange District Cricket Association of Riawena Oval.
2 That permission be granted to use the Council seal on all necessary documentation.

Lease drafted.

 

2 June 2020

CCL

5.4 ROAD CLOSURE APPLICATION - PART THE ESCORT WAY
TRIM REFERENCE: 2020/776
RESOLVED - 20/158  Cr J Whitton/Cr S Munro

That Council resolves to:
1 Advertise the proposed road closure in accordance with the requirements of the Crown Land Management Act.
2 That Council's Chief Executive Officer be given delegation to finalise determination for road closure for part The Escort Way, Orange post exhibition.
3 Proceed to sell that part of the road closed to the owner of 474 The Escort Way, Orange.
4 Grant approval for the use of the Council Seal on any necessary documentation.

Process commenced with notice to authorities and adjoining owners.

 

2 June 2020

CCL

5.3 OC FUTURE CITY
TRIM REFERENCE: 2020/655
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.

Placed on exhibition

 

2 June 2020

              

CCL

5.1 MURRAY DARLING ASSOCIATION MEMBERSHIP
TRIM REFERENCE: 2020/754
RESOLVED - 20/155  Cr R Turner/Cr J McRae

That Orange City Council do not pay for membership in the Murray Darling Association.

No action required.

 

2 June 2020

            

CCL

4.1 NOTICE OF MOTION - REMOVAL OF NO FISHING SIGN, PLOUGHMANS CREEK WETLANDS
TRIM REFERENCE: 2020/850
RESOLVED - 20/154  Cr M Previtera/Cr S Romano

That Council remove the recently installed No Fishing Sign at Ploughmans Creek Wetlands and once again allow fishing at the wetlands.

Completed

 

19-May-20

CCL

5.5 THE SPRINGS; AN ABORIGINAL AND NON-ABORIGINAL FRINGE CAMP LOCATED IN SOUTH ORANGE - CONSERVATION MANAGEMENT PLANS AND FUTURE DIRECTIONS FOR THE SITE.                        2020/703
RESOLVED - 20/140  Cr K Duffy/Cr S Nugent

That Council resolves that The Springs; an Aboriginal and non-Aboriginal Fringe Camp located in South Orange – Conservation Management Plans and Future Directions for the site be placed on public exhibition for community comment.

Placed on exhibition. Ends 22 June 2020.

 

19-May-20

CCL

5.4 HEALTH AND INNOVATION PRECINCT             2019/2235
RESOLVED - 20/139  Cr S Munro/Cr S Nugent

That the draft Health and Innovation Precinct Masterplan be exhibited for 28 days.

Placed on exhibition closing 26 June 2020. Report will be presented back to Council.

 

12-May-20

CCL

6.2 LAND ACQUISITION - DEMOLITION
TRIM REFERENCE: 2020/723
RESOLVED - 20/147  Cr S Nugent/Cr J Hamling

That Council resolves:
1 To enter into a Deed of Settlement for the purchase the property 12 Maxwell Avenue Orange.
2 To on-sell the property with any surplus funds following payment of all outstanding costs refunded to the registered proprietor.
3 That the Chief Executive Officer have the authority to negotiate the terms of the Deed of Settlement.
4 That the land be classified as Operational upon acquisition.

Demolition contractors engaged.

 

12-May-20

 

CCL

6.1 REQUEST FOR FINANCIAL ASSISTANCE - ORANGE UNITING CHURCH
TRIM REFERENCE: 2020/695
RESOLVED - 20/146  Cr S Munro/Cr R Turner

That Council resolves:
1 That funding of $27,000 for Lighting to the Anson Street Uniting Church be funded from the FutureCity Project fund.
2 To place the proposed allocation of funds to Orange Uniting Church on public exhibition for a minimum of 28 days (in accordance with section 356 of the Local Government Act 1993).

Public exhibition closed on 12 June 2020.

Council reconsidered this request for financial assistance at its FPC 7 July 2020 meeting.

E-mail to applicant on 13 July 2020. Payment request to Creditors on 13 July 2020. EFT will be processed on 15 July 2020.

 

 

7-Apr-20

CCL

2.4 MAYORAL MINUTE - MOULDER PARK NETBALL COURTS
TRIM REFERENCE: 2020/508
RESOLVED - 20/099  Cr S Nugent/Cr K Duffy

That Orange City Council investigate the possibility of developing a “playmat” (with roads, crossings, stop signs etc.) at the old Moulder Park netball courts.

Investigation underway.

 

17-Mar-20

 

CCL

 

4.2 NOTICE OF MOTION - AGED AND DISABLED
TRIM REFERENCE: 2020/477
RESOLVED - 20/076  Cr S Romano/Cr S Nugent

That $5,000 be considered in Council’s 2020/2021 Delivery Operational Plan for the update of Council’s mobility map and that this be conducted together with the Future City Project.

Approved as part of the 2020/2021 budget.

 

 

4-Feb-20

 

CCL

5.4 DESILTING OF SPRING CREEK DAM
TRIM REFERENCE: 2020/126
RESOLVED - 20/035  Cr K Duffy/Cr J Hamling
That; if a commercial case can be identified for approximately 150,000 m3 of silt, then Council seek approvals and plan for desilting of Spring Creek Dam.

Dam needs to be empty to be viable and no industry interest to date. Complete until next drought.

 

 

4-Feb-20

 

SRPC

 

6.3 SALE 3 TRAPPIT PLACE ORANGE
TRIM REFERENCE: 2020/113
RESOLVED - 20/040  Cr R Turner/Cr S Munro

That Council resolves:
1 That Council sell 3 Trappit Place Orange for the sum of $508,050 inclusive of GST.
2 That the proceeds be applied to the Land Development Reserve.
3 That permission be granted for the use of the Council Seal on any relevant documentation.

Option to purchase prepared and sent to purchaser. Extension of time of 3 months for exchange provided given Covid 19 position.

 

4-Feb-20

 

CCL

 

6.2 ACQUISITION OF LAND - CRITICAL WATER INFRASTRUCTURE
RESOLVED - 20/039  Cr K Duffy/Cr S Nugent

That Council resolves:
1 To acquire by compulsory acquisition the land being Lot 101 DP 857925 and known as 280 to 284 Phillip Street Orange (the Land) in accordance with the powers set out in Chapter 8, Part 1 of the Local Government Act 1993 for the purpose of carrying out its functions as described in this report.
2 To the making of an application to the Minister seeking approval of the Minister to Council giving a Proposed Acquisition Notice under the Land Acquisition (Just Terms Compensation) Act 1991 with respect of the Land.
3 To the making of an application to the Minister requesting the Minister recommend to the Governor that approval be granted for the acquisition of the Land by publication of an Acquisition Notice in the NSW Government Gazette under the Land Acquisition (Just Terms Compensation) Act 1991.
4 To affix the Common Seal of Council to any contract, agreement, document or other instrument as required in connection with the compulsory acquisition process for the Land including an agreement under section 30 of the Land Acquisition (Just Terms Compensation) Act 1991.
6 That the Chief Executive Officer be delegated authority to negotiate the terms of any contract, agreement, document or other instrument as required in connection with the compulsory acquisition process for the Land as set out in this report and to execute any such contract, agreement, document or other instrument that does not require the affixing of the Common Seal of Council.
7 To classify the land being acquired as operational for the purposes of the Local Government Act 1993(section 31).
8 That Council proceed with the necessary application to the Minister for Local Government and the Minister for Finance to approve a shorter negotiation period pursuant to S10A of the Land Acquisition (Just Terms) Act 1991 (NSW).
9 That Council proceed with an application to reduce the notice period pursuant to s13 of Land Acquisition (Just Terms) Act 1991 (NSW) to a period of 30 days.

Application currently waiting Minister's approval.   Approval now provided. Acquisition advertised and now waiting on submission period to expire with is 90 days.

 

17 December 2019

CCL

6.2 TENDER FOR CONSTRUCTION OF SOUTHERN FEEDER ROAD STAGE 3
TRIM REFERENCE: 2019/2493
RESOLVED - 19/619  Cr J Hamling/Cr K Duffy

1 That Council declines to accept any tender for the Construction of the Southern Feeder Road Stage 3 – F2993, as a result of all tender submissions exceeding the available funds for this component of the project.
2 That Council not call fresh tenders as it may delay the project and impact upon the current funding milestones, possibly putting funding at risk.
3 That Council enters into negotiations with BOST Civil Pty Ltd, Hamcon Civil Pty Ltd (MAAS) and Haslin Constructions Pty Ltd with a view to revising the project scope and to identify possible innovative solutions and cost savings to deliver the Southern Feeder Road Stage 3.
4 That Council explores additional funding that may be able to address any shortfall in the construction of the Southern Feeder Road Stage 3.

Tender awarded to Hamcon (MAAS)
Funding included in 2020/2021 budget.

 

 

3-Dec-19

SRPC

3.1 SPORTING PRECINCT
TRIM REFERENCE: 2019/2646
RESOLVED - 19/594  Cr J Hamling/Cr S Munro

That Council resolves:
1 That should the land currently utilised by Orange Ex-Services Club under a lease agreement for the operation of the Bloomfield Golf Course become available, that this site is the preferred site for the construction of the $25 million Sporting Precinct;
2 That should the land currently utilised by Orange Ex-Services Club under a lease agreement for the operation of the Bloomfield Golf Course not be available, that Council confirms the Northern Distributor Site as the preferred location for the Sporting Precinct; and
3 That Council seek any approvals necessary to progress the development of the preferred site.

Project underway. Funding secure.

 

7-Nov-19

CCL

4.2 NOTICE OF MOTION - MITCHELL HIGHWAY PUBLIC RESERVE REZONING                                                                 2019/2222
RESOLVED - 19/511  Cr K Duffy/Cr G Taylor
That Council:
1 Seek rezoning of Lot 196  DP 1007290 from Public Reserve to Operational Land;
2 Seek Mitchell Highway (Molong Road) Access on Lot 196 DP 1007290.

Reclassification will be included in the next appropriate LEP amendment.

 

7-Nov-19

 

SRPC

 

4.2 NOTICE OF MOTION - BUSINESS RATES
TRIM REFERENCE: 2019/2383
RESOLVED - 19/557  Cr J McRae/Cr S Nugent

That a report be brought to Council on the levers available to Council to support Orange CBD businesses.

Report submitted to the closed Council meeting on 16 June 2020.

 

1-Oct-19

CCL

5.6 ORANGE LEP AMENDMENT 17 - POST EXHIBITION REPORT
TRIM REFERENCE: 2019/1511
RESOLVED - 19/412  Cr G Taylor/Cr J Whitton
1   That Council note the contents of this report and the submissions received from both the public and government agencies.
2   That Council advise the proponents of in-principle support for the LEP amendment subject to:
I.   The matter being deferred to allow the preparation, exhibition and adoption of a contributions plan in relation to the horse and rider underpass and separation fencing.
II.  The conceptual master plan being amended to provide separation fencing from the underpass to the Ring Road Arc in the west and the intersection of James Road and Pinnacle Road in the east.
3   That Council resolve to prepare an amendment to the Development Contributions Plan so as to ensure that the financial costs associated with the horse and rider underpass and associated separation fencing be at full cost to developers within the proposed Equine Precinct area.
4   That when prepared the Development Contributions Plan be placed on public exhibition for 28 days.
5   That the draft DCP provisions be amended as follows:
I.  The minimum setback for stables in section 6.13.4 be changed to 20m, other than for secondary road frontages which is to be changed to 10m.
II.  The minimum stables setback in section 6.13.4 be required to include a 5m wide landscaped area along the boundary comprising trees that mature to between 4 – 8 metres planted densely and protected from grazing during establishment.
III.  The maximum stocking rate for horses in section 6.13.3 be changed to 1 horse per 4,000m2
IV.  The minimum paddock size for each horse in section 6.13.6 be changed to 3,000m2
6   That upon successful completion of the contributions plan, DCP and concept plan amendments the matter be reported back to Council for finalisation.

With applicant.

 

1-Oct-19

 

CCL

 

4.2 NOTICE OF MOTION - AQUATIC CENTRE ADMISSION - HEALTH RELATED PASS
TRIM REFERENCE: 2019/2038
RESOLVED - 19/499  Cr R Kidd/Cr S Nugent
That Orange City Council investigate a support program to accommodate disadvantaged persons that need to access the Aquatic Centre for health and rehabilitation purposes.

Program implemented 7 August 2020.

 

20-Aug-19

CCL

4.1 NOTICE OF MOTION - AWNING - MAX HAZELTON AERO CENTRE
TRIM REFERENCE 2019/608
RESOLVED - 19/219  Cr S Romano/Cr M Previtera

That Council resolves to approve:
1 the provision of assistance to the Orange Aero Club by applying for the DA and constructing an airside awning to the Max Hazelton Aero Centre patient transfer room.

Awning completed.

 

 


Council Meeting                                                                                           18 August 2020

5.4     Community Committee - Councillor Membership and Charters

RECORD NUMBER:       2020/1415

AUTHOR:                       Janessa Constantine, Acting Manager Corporate Governance    

 

 

EXECUTIVE Summary

With the postponement of the Council election until September 2021, Councillors representation on Community Committees has been extended. This report seeks to review Councillor representation on Community Committees and/or the alteration of Charters until such time as a new Council is elected. 

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

Community Committee Councillor representatives are required in accordance with each of the charters.

 

Recommendation

1    That Councillors nominate for vacant positions on each of the Community Committees.

 

2    That Council updates the requirements of Councillor representation on each Community Committee where a vacant position was not filled.

 

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

With the postponement of the Council election until September 2021, Councillors representation on Community Committees has been extended. This report seeks to review Councillor representation on Community Committees and the alteration of Charters until such time as a new Council is elected.

In addition Cr McRae has resigned as a member of:

 

·    Spring Hill Community Committee (Chair Cr Mileto)

·    Tidy Towns Community Committee (Chair Cr Duffy)

·    Environmental Sustainability Community Committee (Chair Cr Nugent)

·    Airport Community Committee (Chair Cr Romano)

The late Cr Previtera was a member of:

 

·    Clifton Grove Community Committee (Chair Cr McRae)

·    Economic Development Community Committee (Chair Cr Mileto)

·    Environmental Sustainability Community Committee (Chair Cr Nugent)

·    Lucknow Community Committee (Chair Cr Mileto)

·    Parks, Trees & Waterway Community Committee (Chair Cr Kidd)

 

The attached listing shows which Community Committee members and charters are affected and require an additional Councillor or changes to the charter.

 

Each of the Community Committee charters are also attached for reference and updating as required.

 

 

Attachments

1          Community Committee - Representative Requirements August 2020, D20/48211

2          Charter - Airport Community Committee - 2017, 2017/2256

3          Charter - Clifton Grove Community Committee - 2017, 2017/2266

4          Charter - Economic Development Community Committee - 2017, 2017/2277

5          Charter - Lucknow Community Committee - 2017, 2017/2275

6          Charter - Parks, Trees and Waterways Community Committee - 2017, 2017/2263

7          Charter - Spring Hill Community Committee - 2017, 2017/2284

8          Charter - Tidy Towns Community Committees - 2017, 2017/2255

9          Charter - Environmental Sustainability Community Committee - 2017, 2017/2276

 


Council Meeting                                                                                                                     18 August 2020

Attachment 1      Community Committee - Representative Requirements August 2020

 

COMMITTEE

CHAIRPERSON

COUNCILLOR MEMBERS

COUNCILLOR REQUIREMENT

COUNCILLOR REQUIREMENT FOR QUORUM

COUNCILLOR REQUIREMENT

Spring Hill Community Committee

Cr Mileto

Cr Munro, Cr McRae

2 Councillors

1 of whom is the Chairperson

1 Councillor

1 Councillor required OR Charter amended to 1

Tidy Towns Community Committee

Cr Duffy

Cr Munro, Cr McRae

2 Councillors

1 of whom is the Chairperson

1 Councillor

1 Councillor required OR Charter amended to 1

Environmental Sustainability Community Committee

Cr Nugent

Cr McRae, Cr Previtera

4 Councillors

1 of whom is the Chairperson

1 Councillor

2 Councillors required OR Charter amended to 2

Airport Community Committee

Cr Romano

Cr Mileto, Cr Munro, Cr McRae

4 Councillors

1 of whom is the Chairperson

1 Councillor

1 Councillor required OR Charter amended to 3

Clifton Grove Community Committee

Cr McRae

Cr Previtera

2 Councillors

1 of whom is the Chairperson

1 Councillor

1 Councillor required OR Charter amended to 1

Economic Development Community Committee

Cr Mileto

Cr Kidd, Cr Whitton, Cr Previtera

3 Councillors

1 of whom is the Chairperson

1 Councillor

1 Councillor required OR Charter amended to 2

Lucknow Community Committee

Cr Mileto

Cr Previtera

2 Councillors

1 of whom is the Chairperson

1 Councillor

1 Councillor required OR Charter amended to 1

Parks, Trees & Waterways Community Committee

Cr Kidd

Cr Nugent, Cr Previtera

2 Councillors

1 of whom is the Chairperson

1 Councillor

1 Councillor required OR Charter amended to 1

 


Council Meeting                                                                                           18 August 2020

Attachment 2      Charter - Airport Community Committee - 2017

COMMITTEE CHARTERAIRPORT
COMMUNITY COMMITTEE

2017/2256                                                                                                                                                                          F171

 

purpose

To advise Council and make recommendations in relation to the development of the Orange Airport.

 

The Committee does not have a role in the operational function of Council. This is the responsibility of the General Manager and staff. Equally, where Council has adopted a Strategic Policy or Strategic Planning document, the Committee must observe the Council position as set out in that policy, plan or document.

Reports to

Infrastructure Policy Committee

Term

The Airport Community Committee shall dissolve at the General Election of Orange City Council. Council may dissolve the Committee at any time by resolution of Council.

Membership

Four Councillors (one of whom shall be Chairperson, as elected by Council)

Up to ten airport users/representatives with an aviation interest

General Manager (or nominee)

Non-voting Committee Clerk

Council staff as required (non-voting)

Quorum

Majority of community members and at least one Councillor.

meeting Frequency

As required, with specific meeting dates and times to be determined by the Committee.

voting

Each member of the Committee is entitled to one vote only. In the equality of votes, the matter is to be referred to Council for determination.

reports and recording

Matters to be considered by the Committee must be included in the agenda for the meeting, and must be provided in writing to the Committee Clerk at least 10 days before the meeting. Formal minutes of meetings of the Committee will be produced in accordance with Council’s Code of Meeting Practice. The Committee may make recommendations to Council, via the Infrastructure Policy Committee. Council may adopt, amend or decline any recommendation.


 

AIRPORT
COMMUNITY COMMITTEE CHARTER

 

Vacancies

Vacancies may arise during the term of the Committee. If a vacancy does occur, the Committee may invite an individual to join the Committee, or seek expressions of interest to fill the vacancy.

 

Committee Clerk

The General Manager will provide a Committee Clerk who will be the representative of the General Manager, and will exercise the functions of the General Manager so far as they are relevant to the Committee and its Chairperson.

Relevant Policies/Documents

Orange City Council Code of Conduct

Orange City Council Code of Meeting Practice

Orange Community Strategic Plan

Orange Delivery/Operational Plan

Asset Management Plan Strategy and Plans

Drug and Alcohol Management Plan (Orange Airport)

 

(Copies are available on Council’s website at www.orange.nsw.gov.au or from the Committee Clerk)

 

 


Council Meeting                                                                                           18 August 2020

Attachment 3      Charter - Clifton Grove Community Committee - 2017

COMMITTEE CHARTERCLIFTON GROVE
COMMUNITY COMMITTEE

2017/2266                                                                                                                                                                          F177

 

purpose

To advise Council and make recommendations in relation to Clifton Grove.

 

The Committee does not have a role in the operational function of Council. This is the responsibility of the General Manager and staff. Equally, where Council has adopted a Strategic Policy or Strategic Planning document, the Committee must observe the Council position as set out in that policy, plan or document.

Reports to

Services Policy Committee

Term

The Clifton Grove Community Committee shall dissolve at the General Election of Orange City Council. Council may dissolve the Committee at any time by resolution of Council.

Membership

Two Councillors (one of whom shall be Chairperson, as elected by Council)

Up to six community representatives

General Manager (or nominee)

Non-voting Committee Clerk

Council staff as required (non-voting)

Quorum

Majority of community members and at least one Councillor.

meeting Frequency

Six monthly, with specific meeting dates and times to be determined by the Committee.

voting

Each member of the Committee is entitled to one vote only. In the equality of votes, the matter is to be referred to Council for determination.

reports and recording

Matters to be considered by the Committee must be included in the agenda for the meeting, and must be provided in writing to the Committee Clerk at least 10 days before the meeting. Formal minutes of meetings of the Committee will be produced in accordance with Council’s Code of Meeting Practice. The Committee may make recommendations to Council, via the Services Policy Committee. Council may adopt, amend or decline any recommendation.

Vacancies

Vacancies may arise during the term of the Committee. If a vacancy does occur, the Committee may invite an individual to join the Committee, or seek expressions of interest to fill the vacancy.

 

CLIFTON GROVE
COMMUNITY COMMITTEE CHARTER

 

Committee Clerk

The General Manager will provide a Committee Clerk who will be the representative of the General Manager, and will exercise the functions of the General Manager so far as they are relevant to the Committee and its Chairperson.

Relevant Policies/Documents

Orange City Council Code of Conduct

Orange City Council Code of Meeting Practice

Orange Community Strategic Plan

Delivery/Operational Plan

Asset Management Plan Strategy and Plans

                                                                                                            

Copies of these and other documents are available on Council’s website at www.orange.nsw.gov.au or from the Committee Clerk.

 

 


Council Meeting                                                                                           18 August 2020

Attachment 5      Charter - Lucknow Community Committee - 2017

COMMITTEE CHARTERECONOMIC DEVELOPMENT
COMMUNITY COMMITTEE

2017/2277                                                                                                                                                                       F1508

 

purpose

To advise Council and make recommendations in relation to the implementation of economic development strategies contained within Council’s Delivery/Operational Plan.

The Committee does not have a role in the operational function of Council. This is the responsibility of the General Manager and staff. Equally, where Council has adopted a Strategic Policy or Strategic Planning document, the Committee must observe the Council position as set out in that policy, plan or document.

Reports to

Employment and Economic Development Policy Committee

Term

The Economic Development Community Committee shall dissolve at the General Election of Orange City Council. Council may dissolve the Committee at any time by resolution of Council.

Membership

Three Councillors (one of whom shall be Chairperson, as elected by Council)

General Manager (or nominee)

Non-voting Committee Clerk

Council staff as required (non-voting)

 

Community Representatives

Up to 16 community members with a particular interest in economic development and/or experience in:

·    Health

·    Tourism

·    Education

·    Manufacturing/Engineering

·    Agribusiness

·    Mining

·    Small business

·    Property development/sales

 

Other Representatives

·     Federal Member for Calare (not included for quorum purposes)

·     State Member for Orange (not included for quorum purposes)

·     Representative of the Orange Business Chamber

·     Representative of the Business Enterprise Centre

·     Representative of the NSW Department of Industry (or equivalent)

ECONOMIC DEVELOPMENT
COMMUNITY COMMITTEE CHARTER

 

Quorum

Majority of community members and at least one Councillor.

meeting Frequency

Every second month, with specific meeting dates and times to be determined by the Committee.

 

voting

Each member of the Committee is entitled to one vote only. In the equality of votes, the matter is to be referred to Council for determination.

 

reports and recording

Matters to be considered by the Committee must be included in the agenda for the meeting, and must be provided in writing to the Committee Clerk at least 10 days before the meeting. Formal minutes of meetings of the Committee will be produced in accordance with Council’s Code of Meeting Practice. The Committee may make recommendations to Council, via the Employment and Economic Development Policy Committee. Council may adopt, amend or decline any recommendation.

 

Vacancies

Vacancies may arise during the term of the Committee. If a vacancy does occur, the Committee may invite an individual to join the Committee, or seek expressions of interest to fill the vacancy.

 

Committee Clerk

The General Manager will provide a Committee Clerk who will be the representative of the General Manager, and will exercise the functions of the General Manager so far as they are relevant to the Committee and its Chairperson.

 

Relevant Policies/Documents

Orange City Council Code of Conduct

Orange City Council Code of Meeting Practice

Orange Community Strategic Plan

Delivery/Operational Plan

Asset Management Plan Strategy and Plans

Statement of Business Ethics

                                                                                                            

Copies of these and other documents are available on Council’s website at www.orange.nsw.gov.au or from the Committee Clerk.

 

COMMITTEE CHARTERLUCKNOW
COMMUNITY COMMITTEE

2017/2275                                                                                                                                                                          F176

 

purpose

To advise Council and make recommendations in relation to the Village of Lucknow.

 

The Committee does not have a role in the operational function of Council. This is the responsibility of the General Manager and staff. Equally, where Council has adopted a Strategic Policy or Strategic Planning document, the Committee must observe the Council position as set out in that policy, plan or document.

Reports to

Services Policy Committee

Term

The Lucknow Community Committee shall dissolve at the General Election of Orange City Council. Council may dissolve the Committee at any time by resolution of Council.

Membership

Two Councillors (one of whom shall be Chairperson, as elected by Council)

Up to ten community representatives

General Manager (or nominee)

Non-voting Committee Clerk

Council staff as required (non-voting)

Quorum

Majority of community members and at least one Councillor.

meeting Frequency

Six monthly, with specific meeting dates and times to be determined by the Committee.

voting

Each member of the Committee is entitled to one vote only. In the equality of votes, the matter is to be referred to Council for determination.

reports and recording

Matters to be considered by the Committee must be included in the agenda for the meeting, and must be provided in writing to the Committee Clerk at least 10 days before the meeting. Formal minutes of meetings of the Committee will be produced in accordance with Council’s Code of Meeting Practice. The Committee may make recommendations to Council, via the Services Policy Committee. Council may adopt, amend or decline any recommendation.


 

LUCKNOW
COMMUNITY COMMITTEE CHARTER

 

Vacancies

Vacancies may arise during the term of the Committee. If a vacancy does occur, the Committee may invite an individual to join the Committee, or seek expressions of interest to fill the vacancy.

 

Committee Clerk

The General Manager will provide a Committee Clerk who will be the representative of the General Manager, and will exercise the functions of the General Manager so far as they are relevant to the Committee and its Chairperson.

Relevant Policies/Documents

Orange City Council Code of Conduct

Orange City Council Code of Meeting Practice

Orange Community Strategic Plan

Delivery/Operational Plan

Asset Management Plan Strategy and Plans

                                                                                                            

Copies of these and other documents are available on Council’s website at www.orange.nsw.gov.au or from the Committee Clerk.

 

 


Council Meeting                                                                                           18 August 2020

Attachment 6      Charter - Parks, Trees and Waterways Community Committee - 2017

COMMITTEE CHARTERPARKS, TREES AND WATERWAYS
COMMUNITY COMMITTEE

2017/2263                                                                                                                                                                       F1510

 

purpose

To advise Council and make recommendations in relation to:

·     Community planning for parks and open spaces, including Cook Park and Orange Botanic Gardens

·     Community planning for streetscapes

·     Community planning for waterways and stormwater management programs and associated learning programs.

The Committee does not have a role in the operational function of Council. This is the responsibility of the General Manager and staff. Equally, where Council has adopted a Strategic Policy or Strategic Planning document, the Committee must observe the Council position as set out in that policy, plan or document.

Reports to

Environmental Sustainability Policy Committee

Term

The Parks, Trees and Waterways Community Committee shall dissolve at the General Election of Orange City Council. Council may dissolve the Committee at any time by resolution of Council.

Membership

Two Councillors (one of whom shall be Chairperson, as elected by Council)

Up to ten community representatives

General Manager (or nominee)

Non-voting Committee Clerk

Council staff as required (non-voting)

Quorum

Majority of community members and at least one Councillor.

meet meeting Frequency

Quarterly, with specific dates and times to be determined by the Committee.

voting

Each member of the Committee is entitled to one vote only. In the equality of votes, the matter is to be referred to Council for determination.


 

PARKS, TREES AND WATERWAYS COMMUNITY COMMITTEE CHARTER


reports and recording

Matters to be considered by the Committee must be included in the agenda for the meeting, and must be provided in writing to the Committee Clerk at least 10 days before the meeting. Formal minutes of meetings of the Committee will be produced in accordance with Council’s Code of Meeting Practice. The Committee may make recommendations to Council, via the Environmental Sustainability Policy Committee. Council may adopt, amend or decline any recommendation.

Vacancies

Vacancies may arise during the term of the Committee. If a vacancy does occur, the Committee may invite an individual to join the Committee, or seek expressions of interest to fill the vacancy.

 

Committee Clerk

The General Manager will provide a Committee Clerk who will be the representative of the General Manager, and will exercise the functions of the General Manager so far as they are relevant to the Committee and its Chairperson.

Relevant Policies/Documents

Orange City Council Code of Conduct

Orange City Council Code of Meeting Practice

Orange Community Strategic Plan

Delivery/Operational Plan

Asset Management Plan Strategy and Plans

Orange Outdoors Strategy

Plans of Management for Community Land

Public Open Space Asset Management Plan

Master Plans; Orange Botanic Gardens, Cook Park, Street Tree, Gosling Creek Reserve Precinct, Lake Canobolas and Environs, Anzac Park, Moulder Park, Sir Jack Brabham Park and Wade Park

Noxious Weeds Policy ST106

Trees and Tree Roots ST074                                                               

 

                                                                                                            

Copies of these and other documents are available on Council’s website at www.orange.nsw.gov.au or from the Committee Clerk.

 

 


Council Meeting                                                                                           18 August 2020

Attachment 7      Charter - Spring Hill Community Committee - 2017

COMMITTEE CHARTERSPRING HILL
COMMUNITY COMMITTEE

2017/2284                                                                                                                                                                          F175

 

purpose

To advise Council and make recommendations in relation to the Village of Spring Hill.

 

The Committee does not have a role in the operational function of Council. This is the responsibility of the General Manager and staff. Equally, where Council has adopted a Strategic Policy or Strategic Planning document, the Committee must observe the Council position as set out in that policy, plan or document.

Reports to

Services Policy Committee

Term

The Spring Hill Community Committee shall dissolve at the General Election of Orange City Council. Council may dissolve the Committee at any time.

Membership

Two Councillors (one of whom shall be Chairperson, as elected by Council)

Up to 12 community representatives

General Manager (or nominee)

Non-voting Committee Clerk

Council staff as required (non-voting)

Quorum

Majority of community members and at least one Councillor.

meeting Frequency

Quarterly, with additional meetings if required.  Specific meeting dates and times to be determined by the Committee.

voting

Each member of the Committee is entitled to one vote only. In the equality of votes, the matter is to be referred to Council for determination.

reports and recording

Matters to be considered by the Committee must be included in the agenda for the meeting, and must be provided in writing to the Committee Clerk at least 10 days before the meeting. Formal minutes of meetings of the Committee will be produced in accordance with Council’s Code of Meeting Practice. The Committee may make recommendations to Council, via the Services Policy Committee. Council may adopt, amend or decline any recommendation.


 

SPRING HILL
COMMUNITY COMMITTEE CHARTER

 

Vacancies

Vacancies may arise during the term of the Committee. If a vacancy does occur, the Committee may invite an individual to join the Committee, or seek expressions of interest to fill the vacancy.

 

Committee Clerk

The General Manager will provide a Committee Clerk who will be the representative of the General Manager, and will exercise the functions of the General Manager so far as they are relevant to the Committee and its Chairperson.

Relevant Policies/Documents

Orange City Council Code of Conduct

Orange City Council Code of Meeting Practice

Orange Community Strategic Plan

Delivery/Operational Plan

Asset Management Plan Strategy and Plans

                                                                                                            

Copies of these and other documents are available on Council’s website at www.orange.nsw.gov.au or from the Committee Clerk.

 

 


Council Meeting                                                                                           18 August 2020

Attachment 8      Charter - Tidy Towns Community Committees - 2017

COMMITTEE CHARTERTIDY TOWNS
COMMUNITY COMMITTEE

2017/2255                                                                                                                                                                          F168

 

purpose

To advise Council and make recommendations in relation to the management and development of the project initiatives, including detailed project submissions, to promote Orange as a Tidy Town within the parameters of Clean up Australia Day campaign/criteria.

The Committee does not have a role in the operational function of Council. This is the responsibility of the General Manager and staff. Equally, where Council has adopted a Strategic Policy or Strategic Planning document, the Committee must observe the Council position as set out in that policy, plan or document.

Reports to

Environmental Sustainability Policy Committee

Term

The Tidy Towns Community Committee shall dissolve at the General Election of Orange City Council. Council may dissolve the Committee at any time by resolution of Council.

Membership

Three Councillors (one of whom shall be Chairperson, as elected by Council)

Six community representatives

General Manager (or nominee)

Non-voting Committee Clerk

Council staff as required (non-voting)

Quorum

Majority of community members and at least one Councillor.

meeting Frequency

As required, with specific meeting dates and times to be determined by the Committee.

voting

Each member of the Committee is entitled to one vote only. In the equality of votes, the matter is to be referred to Council for determination.

reports and recording

Matters to be considered by the Committee must be included in the agenda for the meeting, and must be provided in writing to the Committee Clerk at least 10 days before the meeting. Formal minutes of meetings of the Committee will be produced in accordance with Council’s Code of Meeting Practice. The Committee may make recommendations to Council, via the Environmental Sustainability Policy Committee. Council may adopt, amend or decline any recommendation.


 

TIDY TOWNS
COMMUNITY COMMITTEE CHARTER

 

Vacancies

Vacancies may arise during the term of the Committee. If a vacancy does occur, the Committee may invite an individual to join the Committee, or seek expressions of interest to fill the vacancy.

 

Committee Clerk

The General Manager will provide a Committee Clerk who will be the representative of the General Manager, and will exercise the functions of the General Manager so far as they are relevant to the Committee and its Chairperson.

Relevant Policies/Documents

Orange City Council Code of Conduct

Orange City Council Code of Meeting Practice

Orange Community Strategic Plan

Delivery/Operational Plan

Asset Management Plan Strategy and Plans

                                                                                                            

Copies of these and other documents are available on Council’s website at www.orange.nsw.gov.au or from the Committee Clerk.

 

 


Council Meeting                                                                                           18 August 2020

Attachment 9      Charter - Environmental Sustainability Community Committee - 2017

COMMITTEE CHARTERENVIRONMENTAL SUSTAINABILITY
COMMUNITY COMMITTEE

2017/2276                                                                                                                                                                          F158

 

purpose

To advise Council and make recommendations in relation to:

 

·    Community planning for waste and natural resources management services and associated learning programs

·    Assist Council with educational strategies that will promote responsible use and management of natural resources, including climate change initiatives

·    Facilitate Council’s participation in relational planning strategies which promote resource conservation and sustainable environmental management

·    That the Environmental Sustainability Community Committee have input into strategic planning across Council’s operations where relevant to an environmental issue.

 

The Committee does not have a role in the operational function of Council. This is the responsibility of the General Manager and staff. Equally, where Council has adopted a Strategic Policy or Strategic Planning document, the Committee must observe the Council position as set out in that policy, plan or document.

Reports to

Environmental Sustainability Policy Committee

Term

The Environmental Sustainability Community Committee shall dissolve at the General Election of Orange City Council. Council may dissolve the Committee at any time by resolution of Council.

Membership

Four Councillors (one of whom shall be Chairperson, as elected by Council)

Up to 15 community representatives

General Manager (or nominee)

Non-voting Committee Clerk

Council staff as required (non-voting)

Quorum

Majority of community members and at least one Councillor.

meeting Frequency

Bi-monthly, with specific meeting dates and times to be determined by the Committee.

voting

Each member of the Committee is entitled to one vote only. In the equality of votes, the matter is to be referred to Council for determination.


 

ENVIRONMENTAL SUSTAINABILITY
COMMUNITY COMMITTEE CHARTER

 

reports and recording

Matters to be considered by the Committee must be included in the agenda for the meeting, and must be provided in writing to the Committee Clerk at least 10 days before the meeting. Formal minutes of meetings of the Committee will be produced in accordance with Council’s

Code of Meeting Practice. The Committee may make recommendations to Council, via the Environmental Sustainability Policy Committee. Council may adopt, amend or decline any recommendation.

Vacancies

Vacancies may arise during the term of the Committee. If a vacancy does occur, the Committee may invite an individual to join the Committee, or seek expressions of interest to fill the vacancy.

 

Committee Clerk

The General Manager will provide a Committee Clerk who will be the representative of the General Manager, and will exercise the functions of the General Manager so far as they are relevant to the Committee and its Chairperson.

Relevant Policies/Documents

Orange City Council Code of Conduct

Orange City Council Code of Meeting Practice

Orange Community Strategic Plan

Delivery/Operational Plan

Asset Management Plan Strategy and Plans

                                                                                                            

Copies of these and other documents are available on Council’s website at www.orange.nsw.gov.au or from the Committee Clerk.

 

 


Council Meeting                                                                                           18 August 2020

 

 

5.5     Strategic Policy Review

RECORD NUMBER:       2020/627

AUTHOR:                       Janessa Constantine, Acting Manager Corporate Governance    

 

 

EXECUTIVE Summary

This report presents policies which have been reviewed and are recommended for placement on public exhibition for a period of 28 days:

·   ST138 – Related Parties

·   ST106 – Priority Weeds

·   ST046 – Liquid Trade Waste

·   ST091 – Orange City Library – Community Use

·   ST002 – Central West Libraries

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “17.1 Collaborate - Provide representative, responsible and accountable community governance”.

Financial Implications

Nil

Policy and Governance Implications

Council’s Strategic Policies are reviewed and amended to ensure ongoing compliance with legislation and industry best practice.

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

 

Recommendation

That Council resolves to:

1        Place the following policies on public exhibition for a period of 28 days:

·    ST138 – Related Parties

·    ST106 – Priority Weeds

·    ST046 – Liquid Trade Waste

·    ST091 – Orange City Library – Community Use

·    ST002 – Central West Libraries

2      That the policies be referred to the Councillor Policy Review Committee for comment.

 

 

further considerations

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

SUPPORTING INFORMATION

Policies for Exhibition

The following policies have been reviewed and outlined below are changes/updates made to each policy. It is recommended these policies be placed on public exhibition for a period of 28 day to allow for Council and public review and submissions.

ST138 – Related Parties

Reference

Update

General

·         Formatting Updates

·         Update to information contained in the Objectives, Applicability and General sections on the policy cover sheet.

·         Removal of information in the ‘general’ section and placement Policy attachment.

·         Update reference of General Manager to Chief Executive Officer.

ST106 – Priority Weeds

Reference

Update

General

·         Minor Formatting and typographical updates only.

ST046 – Liquid Trade Waste

Reference

Update

General

·    Formatting changes, update branding and logo.

·    Amendment of Reference to Department of Primary Industries (DPI) to NSW Department of Planning, Industry and Environment.

 

ST091 – Orange City Library – Community Use

Reference

Update

General

·   Formatting and Typographical updates.

·   Updated to current processes.

ST002 – Central West Libraries

Reference

Update

General

·  Change from previous Joint Agreement to Service Level Agreement between Orang City Council and participating Councils.

·  Updating of Library Regulations from 2010 to 2018.

 

Attachments

1          DRAFT - Strategic Policy - ST138 - Related Parties (August 2020), D20/44506

2          DRAFT - Strategic Policy - ST106 - Priority Weeds Policy (August 2020), D20/47991

3          DRAFT - Strategic Policy - ST046 - Liquid Trade Waste (August 2020), D20/47961

4          DRAFT - Strategic Policy - ST091 - Orange City Library - Community Use (August 2020), D20/48012

5          DRAFT - Strategic Policy - ST002 - Central West Libraries (August 2020), D20/48066

 


Council Meeting                                                                                                                   18 August 2020

Attachment 1      DRAFT - Strategic Policy - ST138 - Related Parties (August 2020)


 

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Council Meeting                                                                                                                   18 August 2020

Attachment 2      DRAFT - Strategic Policy - ST106 - Priority Weeds Policy (August 2020)

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Council Meeting                                                                                                                   18 August 2020

Attachment 3      DRAFT - Strategic Policy - ST046 - Liquid Trade Waste (August 2020)


 

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Council Meeting                                                                                                                   18 August 2020

Attachment 4      DRAFT - Strategic Policy - ST091 - Orange City Library - Community Use (August 2020)

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Council Meeting                                                                                                                   18 August 2020

Attachment 5      DRAFT - Strategic Policy - ST002 - Central West Libraries (August 2020)

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Council Meeting                                                                                           18 August 2020

5.6     Code of Conduct Complaint Reporting

RECORD NUMBER:       2020/1301

AUTHOR:                       Nick Redmond, Acting Director Corporate and Commercial Services    

 

 

EXECUTIVE Summary

At the Council Meeting held in 6 February 2018, Council resolved to receive quarterly reports on the status of complaints made against Councillors and the Chief Executive Officer under Council’s Code of Conduct.

This report provides an update on the current status of complaints from 1 April 2020 to 30 June 2020.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “1.1 Live - Engage with the community to ensure recreation opportunities and facilities meet changing needs”.

Financial Implications

Nil

Policy and Governance Implications

Part 11 of the Procedures for the Code of Conduct set out the information that is to be reported to Council and the Office of Local Government within 3 months of 30 September each year. Council reported to the Office on 29 November 2019 for the period 1 September 2018 - 31 August 2019.

Other information is not included given the requirements of Part 12 of the Procedures, which require information about complaints and the management and investigation of complaints is to be treated as confidential and not disclosed publicly.

 

Recommendation

That the report on Code of Conduct Complaint Reporting be acknowledged.

 

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

This report provides statistics on Code of Conduct complaints against Councillors and the Chief Executive Officer, from 1 April 2020 to 30 June 2020.


 

 

Required information

Current period

Total number of Code of Conduct complaints made about Councillors and the Chief Executive Officer under the Code of Conduct since 1 April 2020

Nil

Number of Code of Conduct complaints referred to a Conduct Reviewer

Nil

Number of Code of Conduct complaints finalised by a Conduct Reviewer at the Preliminary Assessment stage and the outcome of those complaints

Nil

Number of Code of Conduct complaints investigated by a Conduct Reviewer

Nil

Number of Code of Conduct complaints investigated by a Conduct Review Committee

Nil

Without identifying particular matters, the outcome of Code of Conduct complaints investigated by a Conduct Reviewer or Conduct Review Committee under the Procedures

Nil

Number of matters reviewed by the Office of Local Government, and without identifying particular matters, the outcome of the reviews

Nil

The total cost of dealing with Code of Conduct complaints made about Councillors and the Chief Executive Officer in the year from 1 April to 30 June 2020, including staff costs.

Nil

 

 

 

 

  


Council Meeting                                                                                           18 August 2020

5.7     Project Activities August 2020

RECORD NUMBER:       2020/1206

AUTHOR:                       David Waddell, Chief Executive Officer    

 

 

EXECUTIVE Summary

This report responds to feedback from Councillors seeking information on an ongoing basis about the numerous projects staff are working on. 

The Executive has brought together the total project list for the 2020-2023 years in a consolidated form to assist with resourcing and to understand the sequence required to deliver our ambitious capital budget for the year.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “10.1 Preserve - Engage with the community to ensure plans for growth and development are respectful of our heritage”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

That the report on Capital Projects by the Chief Executive Officer 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

The attached table shows the overall project database of current and planned projects within the next 3-4 years.  The table will be progressively updated on a quarterly basis to inform Council and the Community.

 

 

Attachments

1          Projects Overview - August 2020, D20/47592

2          Works Overview - August 2020, D20/47591

 



Council Meeting                                                                                                                     18 August 2020

Attachment 1      Projects Overview - August 2020

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Council Meeting                                                                                                                   18 August 2020

Attachment 2      Works Overview - August 2020

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Council Meeting                                                                                           18 August 2020

5.8     Minutes of the Audit and Risk Management Committee meeting of 29 May 2020

RECORD NUMBER:       2020/904

AUTHOR:                       Shephard Shambira, Internal Auditor    

 

 

EXECUTIVE Summary

The Audit and Risk Management Committee (ARMC) held its quarterly meeting on 29 May 2020. A copy of the minutes of the ARMC meeting of 29 May 2020, and the related Agenda are attached.

The Committee had before it a progress report on the Council’s risk management framework review project, a progress update on the internal audit programme, a report on progress with Council’s process improvement initiatives and a quarterly report on compliance activities. The ARMC Charter and Internal Audit Activity Charter were also reviewed and the Committee has recommended that Council consider changing the Committee name to “Audit, Risk and Improvement Committee (ARIC) which is in line with the proposed legislative changes. It was also noted that the current Charters generally address most of the changes proposed by the new legislation. In line with standard practice, the Committee also reviewed progress updates on the ARMC Action List to assess progress in the resolution of issues previously raised by the Committee or through internal audit assessments.

The Committee also received a verbal report by the Auditor General on the status of Council’s external audit process including an update on the impact of COVID-19 on the financial audit focus.

The Chief Executive Officer also presented a verbal update to the Committee outlining Council’s initiatives and actions in response to the COVID-19 pandemic. The Committee commended Council efforts and achievements in re-aligning operations to mitigate risks arising from the pandemic.

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

The recommendations by the Audit and Risk Management Committee propose a change of name for the Committee to Audit, Risk and Improvement Committee and an endorsement of early adoption of proposed legislation aimed at strengthening Council’s risk management and governance framework.

In order for the minutes and Charter to be adopted prior to the next Committee meeting, these minutes were moved into the Council meeting from the Finance Policy Committee Meeting of 1 September 2020.

 

Recommendation

1        That Council acknowledge the reports presented to the Audit and Risk Management Committee at its meeting held on 29 May 2020.

2        That Council determine recommendation 4.5 from the minutes of the Audit and Risk Management Committee meeting of 29 May 2020.

4.5     (2)     That the Committee be renamed the Audit, Risk and Improvement Committee (ARIC) in line with the proposed New Framework.

4.5     (3)     That the Charter be confirmed subject to the following amendments

a.  update the Charter to replace the term General Manager with, Chief Executive Officer (CEO).

b.  section 5.5. of the Charter, delete the words “and executive sessions”.

c.  section 7.3(a) the third bullet point. Replace the words “rely on” with “refer to”; delete the words “based on external auditor’s management letter”;

3        That the remainder of the minutes of the Audit and Risk Management Committee  at its meeting held on 29 May 2020 be adopted.

 

 

further considerations

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

SUPPORTING INFORMATION

A copy of the minutes of the meeting of 29 May 2020 and related Agenda are attached.

A copy of the Draft Audit, Risk and Improvement Committee Charter is also attached for adoption.

 

 

Attachments

1          ARMC 29 May 2020 Agenda, D20/32784

2          ARMC 29 MAY 2020 Minutes, D20/48239

3          DRAFT - Audit, Risk and Improvement Committee Charter, D20/45270

 


Council Meeting                                                                                                                   18 August 2020

Attachment 1      ARMC 29 May 2020 Agenda

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Council Meeting                                                                                                                   18 August 2020

Attachment 2      ARMC 29 MAY 2020 Minutes

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Council Meeting                                                                                                                   18 August 2020

Attachment 3      DRAFT - Audit, Risk and Improvement Committee Charter

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Council Meeting                                                                                           18 August 2020

5.9     Initial Categorisation of Council Managed Crown Land

RECORD NUMBER:       2020/1232

AUTHOR:                       Nigel Hobden, Manager City Presentation    

 

 

EXECUTIVE Summary

The Crown Land Management Act 2016 was enacted on 1 July 2018.

This Act authorises Council as appointed Crown Land Manager to manage Crown Land as if it were public land under the Local Government Act 1993.

Under the Crown Land Management Act 2016 Council as manager of the land must assign one or more categories of Community Land referred to in Section 36 of the Local Government Act 1993

Council staff have identified the category in which they consider to be most closely related to the purpose for which the land is dedicated or reserved and will now seek Ministerial approval for the categories chosen.

 

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “1.2 Live - Maintain and renew recreational spaces and infrastructure to encourage an active and healthy lifestyle”.

 

Financial Implications

Nil

 

Policy and Governance Implications

Future Plans of Management will be need to be prepared in accordance with the classification confirmed by the Minister Administering the Crown Lands Management Act 2016.

 

Recommendation

That Council requests approval from the Minister Administering the Crown Lands Management Act 2016 to categorise under the Local Government Act 1993 the land contained in the schedule below.

 

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

Council as Crown Land Manager must assign an initial category to each Crown reserve.

In accordance with section 3.23 (3) of the Crown Land Management Act 2016, the assigned category or categories must be those that the Council considers to be the category or categories that are most closely related to the purposes for which the land is dedicated or reserved.

Council  may  assign  multiple  categories  to  the  land  where  there  are  multiple reservation or dedication purposes.

In assigning each initial category Council staff have considered the historical and current use of the land by Council and the community, the Act provisions which govern the management and use of each Community Land category and the guidelines for the categorisation of Community Land prescribed by the Local Government (General) Regulation 2005 and the Department of Industry - Crown Lands suggested category and guidelines for categorisation of Crown Land.

Where Council staff have considered that particular Crown Land does not fall into any category of Community Land, or that a valid use of the land would not be able to continue if the land was categorised as Community Land, Council will request ministerial consent to manage the land as if it were Operational Land under the Local Government Act 1993.  

After Council has assigned an initial categorisation to the Crown Land under its management, it must provide written notice to the Minister. The Minister will consider the category initially assigned by Council.

If the Department of Industry - Crown Lands determines that the categorisation presented is appropriate, it will issue an acknowledgement notification to Council.

If the Department of Planning, Industry and Environment - Crown Lands determines that the category does not meet the criteria it will issue a direction to Council requiring Council to alter the assigned category in accordance with Section 3.23 (5) of the Crown Land Management Act 2016.

The Minister or the Department of Planning, Industry and Environment - Crown Lands may direct Council to alter the category if it is considered that the category is not the most closely related to the purpose for which the land is dedicated or reserved or the management of the land by Council with reference to the initial assigned category is likely to materially harm the use of the land for the purpose for which it was dedicated or reserved.

A direction to alter the assigned categorisation must be adhered to by Council as the Crown Land Manager.


 

Once Council is notified that the department acknowledges an assigned categorisation they proceed to develop and adopt a Local Government Act Plan of Management for the land. All Plans of Management must be in place and approved by the Department of Planning, Industry and Environment - Crown Lands prior to 30 June 2021.

Crown Lands Management Act, 2016

Section 3.23 (2)

Initial assignment of categories - The council manager must, as soon as practicable after it becomes the manager of the dedicated or reserved Crown land (including because of the operation of Schedule 7), assign the land to one or more categories of community land referred to in section 36 of the Local Government Act 1993.

Section 3.23 (3)

The assigned category or categories must be those that the council considers to be the category or categories that are most closely related to the purposes for which the land is dedicated or reserved.

Section 3.23 (4)

The council manager must give written notice to the Minister of the categories to which it has assigned the land as soon as practicable after assigning them.

Section 3.23 (5)

The Minister  may,  by  written  notice  given  to  the  council  manager,  require  the manager to alter an assigned category if the Minister considers that:

(a)  The assigned category is not the most closely related to the purposes for which the land is dedicated or reserved, or

(b) The management of the land by reference to the assigned category is likely to materially harm the use of the land for any of the purposes for which it is dedicated or reserved.

Local Government Act 1993

Section 36 (4)

For the purposes of this section, land is to be categorised as one or more of the following:

(a)   a natural area; (b) a sportsground; (c) a park;

(d)   an area of cultural significance or

(e) general community use.

Local Government (General) Regulation, 2005

Part 4 Community Land

Division 1 Guidelines for the Categorisation of Community Land Sections 101-111.

Where a categorisation has been assigned that is not the most closely related to the reserve or dedication purpose, Councils ability to validly manage the land in accordanc with that category might be limited by the extent to which those actions affect Native Title.

Councils  land  management  activities  may  infringe  upon  native  title  rights  and Council may lose the legal right to continue those activities.

The Minister may, by written notice given to the Council manager, require the manager to alter an assigned category if the Minister considers that the assigned category is not the most closely related to the purposes for which the land is dedicated or reserved, or Councils management of the land by reference to the assigned category is likely to materially harm the use of the land for any of the purposes for which it is dedicated or reserved.

Schedule of Crown Land

Reserve Number

Particulars 

Categorisation

1014188

Black Sallee Reserve

Lot 1 DP 1117200 – is the Canobolas Zone Rural Fire Centre

Government Purpose - seek reclassification to Operational Land from the Minister

590056

Bloomfield Park

General community use, sportsground, natural area, park

590064

Bloomfield Park

General community use, park

95818

Bloomfield (Bloomfield Golf Club) Park

General community use, cultural significance, sportsground,

86665

Brandy Corner

General community use, natural area

190086

Civic Square Reserve

General community use

190087

Civic Square Reserve

General community use

90724

Civic Square Reserve

General community use

91403

Civic Square Reserve

General community use

60570

Colvin Park

General community use, park

590051

Cook Park

General community use, cultural significance, park


1000246

Gosling Creek Reservoir

General community use, cultural significance, natural area, park

1010408

Hawke Lane Reserve

General community use, park, cultural significance

190026

Hinton Reserve

General community use, natural area

86539

Jack Brabham Park

General community use, sportsground

1002927

Lysterfield Reserve

General community use, natural area