Ordinary Council Meeting

 

Agenda

 

1 December 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, 1 December 2020 commencing at 7.00pm.

 

 

David Waddell

Chief Executive Officer

 

For apologies please contact Administration on 6393 8218.

  

 


Council Meeting                                                                                        1 December 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            Acknowledgement of Country. 4

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

COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE OPEN FORUM

COUNCIL MEETING RESUMES

2                Mayoral Minutes. 4

Nil

3                Confirmation of Minutes of Previous Meeting.. 5

3.1            Minutes of the Ordinary Meeting of Orange City Council held on 17 November 2020  6

4                Notices of Motion/Notices of Rescission.. 17

4.1            Orange Rail Action Group Support 17

COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE POLICY COMMITTEES

Planning and Development - Chaired by Cr Russell Turner

Employment and Economic Development - Chaired by Cr Tony Mileto

Infrastructure - Chaired by Cr Jeff Whitton

Sport and Recreation - Chaired by Cr Jason Hamling

Environmental Sustainability - Chaired by Cr Stephen Nugent

Finance - Chaired by Cr Kevin Duffy

Services - Chaired by Cr Scott Munro

COUNCIL MEETING RESUMES

 

5                General Reports. 18

5.1            Low interest loan - Orange Waratahs Sports Club Ltd. 18

5.2            Orange Regional Conservatorium Consultation Workshop - November 2020. 31

5.3            Roads and Transport Congress - 16 and 17 November 2020. 73

5.4            Adoption of the Blackmans Swamp Creek and Ploughmans Creek Floodplain Risk Management Study and Plan - October 2020. 75

5.5            NetWaste Quotation F3536 for Regional Household Chemical Collection 2021  99

5.6            2020 - 2021 Fees and Charges Amendments and Additions. 103

6                Closed Meeting - See Closed Agenda.. 107

6.1            Sale of land - Lady Peel Close/Escort Way, Orange. 109

6.2            Submission Redactions. 111

7                Resolutions from closed meeting.. 112

 


Council Meeting                                                                                        1 December 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     Acknowledgement of Country

I would like to acknowledge the Traditional Custodians of the land on which we meet today, the people of the Wiradjuri Nation.  I pay my respects to Elders past and present, and extend those respects to Aboriginal Peoples of Orange and surrounds, and Aboriginal people here with us today.

1.4     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 17 November 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 17 November 2020.

 

Attachments

1        Minutes of the Ordinary Meeting of Orange City Council held on 17 November 2020



ORANGE CITY COUNCIL

 

MINUTES OF THE

Ordinary Council Meeting

HELD IN Council Chamber, Civic Centre, Byng Street, Orange with an option of online conferencing platform ZOOM due to COVID-19 requirements

ON 17 November 2020

COMMENCING AT 7.02pm


 1      Introduction

Attendance

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

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

1.1     APOLOGIES

 

RESOLVED - 20/407                                                                          Cr S Nugent/Cr J Hamling

That the apologies be accepted from Cr S Romano & Cr R Turner for the Council Meeting of Orange City Council on 17 November 2020.

1.2     LIVESTREAMING AND RECORDING

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

1.3     OPENING PRAYER

Kate Cathcart of the Salvation Army led the Council in Prayer.

1.4     ACKNOWLEDGEMENT OF COUNTRY

The Mayor conducted an Acknowledgement of Country.

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

Nil

 

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.05PM.

OPEN FORUM 

Item 5.7 - DA423/2019(1) – 643 Mitchell Highway (Electricity Generating Works – Solar Farm)

Mr Dean Collett spoke against the development.

Mr Paul Brouwers spoke against the development.

Ms Melanie McDonnell spoke in support for the development.

Mr Robert Green spoke against the development.

Mr John Dowler spoke against the development, and thanked staff for their assistance in particular the Director Development Services, Senior Planner (Crump) and the Customer Service Team.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.38PM

2       Mayoral Minutes

2.1     Radio Christmas Carols Night

TRIM Reference:        2020/2273

RESOLVED - 20/408                                                                                  Cr R Kidd/Cr K Duffy

That Council engage Southern Cross Austereo “SCA” for the purpose of holding a specific radio Christmas Carols night.

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

Against: Nil

Absent: Cr Romano, Cr Turner, Cr Munro

3       Confirmation of Minutes of Previous Meeting

RESOLVED - 20/409                                                                         Cr J Hamling/Cr J Whitton

That the Minutes of the Ordinary Meeting of Orange City Council held on 3 November 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 3 November 2020.

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

Against: Nil

Absent: Cr Romano, Cr Turner, Cr Munro

4       Notices of Motion/Notices of Rescission

4.1     Civic Reception - Jack Wighton

TRIM Reference:        2020/2258

RESOLVED - 20/410                                                                               Cr K Duffy/Cr G Taylor

That Council hold a Civic Reception for Jack Wighton.

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

Against: Nil

Absent: Cr Romano, Cr Turner, Cr Munro

RESOLVED - 20/411                                                                           Cr G Taylor/Cr J Whitton

That an apology be accepted from Cr S Munro (7.50pm) for the Council Meeting of Orange City Council on 17 November 2020.

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

Against: Nil

Absent: Cr Romano, Cr Turner, Cr Munro

 

4.2     Establish Another Return and Earn Bin in Orange

TRIM Reference:        2020/2274

RESOLVED - 20/412                                                                           Cr G Taylor/Cr J Whitton

That Council approach the relevant authorities about establishing a third Return and Earn Bin in Orange and that Council identify an appropriate location/site for this Bin.

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

Against: Nil

Absent: Cr Romano, Cr Turner, Cr Munro

 

4.3     Defence Against Slander and Libel

TRIM Reference:        2020/2294

RESOLVED - 20/413                                                                             Cr K Duffy/Cr J Whitton

That staff procure an external legal briefing for Council in closed session on legalities around defence against slander and libel by individuals and external organisations against staff and Councillors.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Taylor, Cr Whitton

Against: Cr Mileto, Cr Nugent, Cr McRae

Absent: Cr Romano, Cr Turner, Cr Munro

 

**Cr McRae left the meeting with the time being 8.04pm**


 

5       General Reports

5.1     Recommendations and Resolutions from Policy Committees

TRIM Reference:        2020/2255

RESOLVED - 20/414                                                                          Cr J Hamling/Cr S Nugent

1        That the resolutions made by the Planning and Development Committee at its meeting held on 3 November 2020 be noted.

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

4        That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 3 November 2020 be noted.

5        That the resolutions made by the Finance Policy Committee at its meeting held on 3 November 2020 be noted.

6        That the resolutions made by the Services Policy Committee at its meeting held on 3 November 2020 be noted.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Mileto, Cr Nugent, Cr Taylor, Cr Whitton

Against: Nil

Absent: Cr Romano, Cr Turner, Cr Munro, Cr McRae

 

**Cr McRae returned to the meeting with the time being 8.05pm**

 

5.2     Statement of Investments - October 2020

TRIM Reference:        2020/2224

RESOLVED - 20/415                                                                             Cr K Duffy/Cr J Whitton

That Council resolves:

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

2        To adopt the certification of the Responsible Accounting Officer.

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

Against: Nil

Absent: Cr Romano, Cr Turner, Cr Munro

 

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

TRIM Reference:        2020/2272

RESOLVED - 20/416                                                                              Cr S Nugent/Cr K Duffy

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

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

Against: Nil

Absent: Cr Romano, Cr Turner, Cr Munro

 

Cr McRae asked for a date on the Cadia Effluent Briefing.

The Chief Executive Officer stated a briefing will be held 6pm Tuesday 1 December 2020.

 

Cr Nugent asked where the Tree Bonds Investigations were up to.

The Director Development Services stated the Orange DCP is currently set for review and the tree bond investigation will be part of this review, due to commence in January 2021 with a draft DCP back to Council in the next 6 months.

 

Cr Nugent requested an update on Caldwell House.

The Director Development Services advised that the Planning Panel had not yet determined the matter and an update is expected by the end of the year.

 

Cr Mileto raised the issue of garbage bins at Elephant Park.

The Director Technical Services stated that information will come to Councillors.

 

5.4     Project Activities November 2020

TRIM Reference:        2020/2214

RESOLVED - 20/417                                                                             Cr K Duffy/Cr J Hamling

That the information in the report on Capital Projects be acknowledged.

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

Against: Nil

Absent: Cr Romano, Cr Turner, Cr Munro

 

Cr Hamling asked if the NDR Roundabout at Hill Street was on schedule.

The Director Technical Services stated that it was on schedule and due to be completed before Christmas. In addition a submission had been made to TfNSW to change the traffic light cycle to ease congestion at the intersection of Telopea Way.

 

Cr Hamling asked when the Cricket Centre of Excellence would be opened.

The Chief Executive Officer advised it is near complete and due to be officially opened pending the availability of the Hon. Sam Farraway.

 

5.5     Quarterly Budget Review and Progress Report - Quarter 1 of 2020/2021

TRIM Reference:        2020/2160

RESOLVED - 20/418                                                                          Cr J Whitton/Cr S Nugent

That Council resolves:

1        That the information provided in the report on the quarterly budget and performance indicators review for July 2020 to September 2020 be acknowledged.

2        The bank reconciliation statement be acknowledged.

3        To adopt unfavourable variations in the consolidated overall cost to council arising from the September 2020 quarterly review amounting to $250,009.

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

Against: Nil

Absent: Cr Romano, Cr Turner, Cr Munro

 

Cr Nugent asked why the unrestricted current ratio is not included in the quarterly review.

The Manager Financial Services advised that the unrestricted current ratio is included in the annual report but it can be included in the quarterly review if required. The current ratio is 228% for the general fund and 233% for consolidated for the 2019/20 year.

 

Cr Nugent noted that the operating ratio, own source and debt service seemed to be tracking worse in this quarter compared to the original budget and if there were any reasons for it.

The Manager Financial Services advised that because of the quarterly revision, this has caused the ratios to slightly worsen.

 

Cr Nugent asked if there had been any indication of residents struggling to pay rates from COVID.

The Manager Financial Services stated that there had been no increase in payment arrangement enquiries.

 

Cr Whitton stated that the P&L statement has all the information required and should be read by all Councillors. He also asked for an explanation of what an internal transfer is.

The Manager Financial Services stated that attachment 2 of the report shows the operating result by directorate and by fund. Consolidated has no internal transfer line as internal transfers always balance to zero. However if you were to look at the general, water and sewer funds there is an amount shown on each reflecting the use of resources between funds. Added together you will see they balance back to the zero shown in Consolidated.


 

 

5.6     Orange Local Environmental Plan - Amendment 27 - Post Exhibition Report

TRIM Reference:        2020/1887

RESOLVED - 20/419                                                                             Cr J Hamling/Cr K Duffy

1        That Council note the contents of this report and resolve to support the proposal in principal subject to the following.

2        That staff liaise with the proponent to prepare a Development Control Plan/ masterplan for the site, to then be exhibited for 28 days and addressing:

·           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

·           Excavation in, above, below or adjacent to the rail corridor – to protect the integrity, safety and efficiency of rail operations

·           Traffic management and assessment of impacts to the rail overbridge on the Northern Distributor Road

·           Stormwater management to ensure that discharge of stormwater is not to exceed the pre-development levels

·           Fencing of the rail corridor to ensure and protect public safety

·           Lighting and external finishes to be designed not to interfere with the safe and orderly operation of the rail corridor

·           Access to rail corridor land to be prohibited without express written permission of the relevant rail authorities.

3        That the DCP masterplan also be provided to both John Holland Rail and Roads and Maritime Services for comment and that upon completion of the DCP exhibition the matter be reported back to Council to consider any remaining issues before finalisation of the plan.

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

Against: Nil

Absent: Cr Romano, Cr Turner, Cr Munro


 

5.7     Development Application DA 423/2019(1) - 643 Mitchell Highway (Electricity Generating Works - solar farm)

TRIM Reference:        2020/2115

MOTION                                                                                              Cr S Nugent/Cr T Mileto

That Council resolves:

1        That the information contained in the report for development application DA 423/2019(1) for Electricity Generating Works (solar farm) at Lot 200 DP 1194585 – 643 Mitchell Highway Orange be acknowledged.

2        That Council makes a submission in line with the staff recommendations for development application DA 423/2019(1) for Electricity Generating Works (solar farm) at Lot 200 DP 1194585 – 643 Mitchell Highway Orange to the Western Regional Planning Panel.

AMENDMENT                                                                                      Cr K Duffy/Cr J Hamling

That Council resolves:

1        That the information contained in the report for development application DA 423/2019(1) for Electricity Generating Works (solar farm) at Lot 200 DP 1194585 – 643 Mitchell Highway Orange be acknowledged.

2        That Council makes a strong submission of objection for development application DA 423/2019(1) for Electricity Generating Works (solar farm) at Lot 200 DP 1194585 – 643 Mitchell Highway Orange to the Western Regional Planning Panel.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Mileto, Cr Taylor, Cr Whitton

Against: Cr Nugent, Cr McRae

Absent: Cr Romano, Cr Turner, Cr Munro

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

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

RESOLVED - 20/420                                                                             Cr K Duffy/Cr J Hamling

That Council resolves:

1        That the information contained in the report for development application DA 423/2019(1) for Electricity Generating Works (solar farm) at Lot 200 DP 1194585 – 643 Mitchell Highway Orange be acknowledged.

2        That Council makes a strong submission of objection for development application DA 423/2019(1) for Electricity Generating Works (solar farm) at Lot 200 DP 1194585 – 643 Mitchell Highway Orange to the Western Regional Planning Panel.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Mileto, Cr Taylor, Cr Whitton

Against: Cr Nugent, Cr McRae

Absent: Cr Romano, Cr Turner, Cr Munro


 

5.8     Request to Return Financial Assistance - Banjo Paterson Festival - National Bush Poetry Championships - February 2020

TRIM Reference:        2020/2270

RESOLVED - 20/421                                                                              Cr S Nugent/Cr K Duffy

1        That Council resolves to accept the request to return funds of $10,000 back into the Event Sponsorship Fund.

2        That $2,000 be retained by the Rotary Club of Orange for the Banjo Paterson Festival Youth Poetry Competition.

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

Against: Nil

Absent: Cr Romano, Cr Turner, Cr Munro

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 - 20/422                                                                           Cr J Hamling/Cr T Mileto

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     Sale 24 Astill Drive

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

6.2     Proposed Sale Lot 1 DP 963093

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

6.3     Water consumption charges 184 Huntley Road Spring Creek

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.

 

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 9.11pm

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     Sale 24 Astill Drive

TRIM Reference:        2020/2215

RESOLVED - 20/423                                                                              Cr K Duffy/Cr S Nugent

That Council resolves:

1        That Council sell 24 Astill Place Orange for the sum of $740,160 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.

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

Against: Nil

Absent: Cr Romano, Cr Turner, Cr Munro

 

6.2     Proposed Sale Lot 1 DP 963093

TRIM Reference:        2020/2218

This item was withdrawn

 

6.3     Water consumption charges 184 Huntley Road Spring Creek

TRIM Reference:        2020/2260

RESOLVED - 20/424                                                                              Cr K Duffy/Cr S Nugent

1        That the water consumption charges from a major water leakage incorrectly raised on 184 Huntley Road Spring Creek based on readings from the master meter 02D004972 of $25,658.50 be written off.

2        That the interest charges of $6,280.05 levied on 184 Huntley Road Spring Creek also be written off due to the incorrect billing.

3        That an assessment number for meters 02D004972 and 14D000708 be created as “check meters” whereby readings will be recorded however charges will not be raised. Actual consumption charges for meters R98009835 and 10W000562 will then be able to be billed accurately in the future. 

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

Against: Nil

Absent: Cr Romano, Cr Turner, Cr Munro

 

The Meeting Closed at 9.20pm

This is Page Number 16 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 17 November 2020.

  


Council Meeting                                                                                        1 December 2020

4       Notices of Motion/Notices of Rescission

4.1     Orange Rail Action Group Support

RECORD NUMBER:       2020/2359

 

 

I, CR Scott Munro wish to move the following Notice of Motion at the Council Meeting of 1 December 2020:

 

Motion

That Council endorse the Orange Rail Action Group Plan and concepts for improved passenger rail services, presented to Council staff on Monday 7 September 2020.

 

Background

Orange Rail Action Group (ORAG) met with Orange City Council staff on Monday 7 September for the purpose of presenting the ORAG Plan.

ORAG seeks to offer a concept which will assist the development of the City of Orange and the towns of the Central West, in general.

ORAG seeks support for frequent, seamless and faster train return services in Orange, Bathurst and Sydney.

Signed Cr Scott Munro

STAFF COMMENT

Additional and improved train services in the Central West and particularly for Orange, will potentially attract more local and regional patronage for business and tourism visitors. With more people working from home and relocating to regional areas, it would make Orange an attractive relocation area with reduced time and more frequent services to access the city.

Financial Implications

Nil

POLICY AND GOVERNANCE IMPLICATIONS

Nil

 

   


Council Meeting                                                                                        1 December 2020

5       General Reports

5.1     Low interest loan - Orange Waratahs Sports Club Ltd

RECORD NUMBER:       2020/2227

AUTHOR:                       Julie Murray, Financial Accountant    

 

 

EXECUTIVE Summary

Council has received a request from Orange Waratah Sports Club Ltd (the Club) to provide a low interest loan to enable the Club to establish toilet and change room amenities at the southern end of their complex in North Orange.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “2.2 Live - Ensure the sporting and recreational facilities, programs and activities are accessible and affordable to support healthy lifestyle choices”.

Financial Implications

The directors of Orange Waratah Sports Club Ltd have requested a loan of $100,000.00 to be repaid over a five year term.

Under current economic circumstances, Council has an average return on its investments as at 31 October 2020 of 1.22%.

A loan extended at 1.5% would provide Council with a slightly better return than currently on offer in the market and would reduce Councils current unrestricted cash by $100,000.00.

Policy and Governance Implications

There are no policy or governance implications.

The audit office has not issued advice on providing these types of loans with each decision a matter for individual Councils.

 

 

Recommendation

1        That Council provides Orange Waratah Sports Club Ltd a loan of $100,000.00 at an interest rate of 1.5% repayable over a five year term in quarterly instalments.

2        That the loan to be funded from Councils unrestricted cash.

3        That the loan be secured over the property held by Orange Waratah Sports Club Ltd.

4        That the Chief Executive Officer be authorised to execute all relevant documents.

5        That approval be granted for use of the Council Seal on all relevant documents if required.

 

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 has previously provided low interest loans to the Aboriginal Medical Service and Duntryleague.

These were both secured over property for the term of the loan and have now both been paid out. They were initially 5 year terms with 2%pa interest.

Orange Emus and Orange Indoor Tennis clubs have both done work on Council owned facilities, where Council has been a guarantor for their loans with external lenders. Currently Emus have no guarantees and the Tennis Club has a liability of $14,000.

The attached request from Orange Waratah Sports Club Ltd requests the Council to provide a low interest loan for a period of five years for the provision of additional toilet and change room amenities at the southern end of the precinct in North Orange.

The construction of the toilets is Phase 1 of the total project and this phase has been costed at $120,000. The Club has obtained commitment from their user groups totalling $20,000.

Phase 2 of the project, the construction of change room facilities, will progress as soon as funds are obtained.

Council has approved the development application and OWSC is eager to commence works for the benefit of the community.

The loan request given the relationship between Council and OWSC and security over real assets is considered low risk.

A repayment schedule is attached.

 

Attachments

1          Orange Waratah Sports Club Ltd - Request for Low-Interest Loan, D20/68485

2          Orange Waratah Sports Club - repayment schedule PDF, D20/71154

3          DA114/2016(3) - Modified Notice of Approval - 36 Telopea Way, D20/68488

  


Council Meeting                                                                                                                 1 December 2020

Attachment 1      Orange Waratah Sports Club Ltd - Request for Low-Interest Loan

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Council Meeting                                                                                                                  1 December 2020

Attachment 2      Orange Waratah Sports Club - repayment schedule PDF

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Council Meeting                                                                                                                 1 December 2020

Attachment 3      DA114/2016(3) - Modified Notice of Approval - 36 Telopea Way

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Council Meeting                                                                                        1 December 2020

5.2     Orange Regional Conservatorium Consultation Workshop - November 2020

RECORD NUMBER:       2020/2313

AUTHOR:                       Catherine Davis, Executive Support Manager    

 

 

EXECUTIVE Summary

The Orange Regional Conservatorium (ORC) held a workshop with Councillors and Council staff on Thursday 5th November 2020 to draft the vision and direction for the ORC for the next 5 years. The ORC is currently in the process of developing the next 5-year plan and the intention is to circularise that plan and consult widely throughout the community. The Council consultation reported here constituted the first such meeting. Please note that the ideas shared with the group are still in development by the ORC Board and should be considered as draft. Please see attached Appendix A and B, being the two PowerPoint presentations used in the workshop.

The Conservatorium is grateful to those Councillors and Staff who were able to meet and contribute ideas and reactions. It valued the time, feedback and insights, which will help inform further planning and finalise future directions.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “15.2 Collaborate - Support community organisations and groups to deliver services and programs”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

That the report on the Orange Regional Conservatorium Consultation Workshop 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

Format. The session was organised as a lunchtime workshop meeting during which participants were invited to comment on the draft directions that have emerged from work undertaken with ORC Board and staff. A summary of workshop outcomes is provided next in the form of common themes and verbatim participant notes.

Next step. The ORC will be conducting other such consultations with key stakeholder groups in the community to firm up the strategic plan. Following this consultation phase each strategic direction will be elaborated into a plan by workstream-specific committees, ready to be actioned after ratification by the Board at the ORC AGM in 2021. 

EMERGING THEMES

The following themes are captured as major outcomes of the OCC consultation workshop.

·      Positive ongoing relationship between OCC and ORC

o   Long established

o   Tangible and sustained Council support

·      Positive alignment

o   Between the vision and goals of Orange and the ORC

o   with City Vision Project

o   with OCC current strategic directions and existing plans

o   with #1 tourism focus

·      Civic and cultural enrichment afforded by the ORC

o   Enrichment of city beyond music – enhancing liveability of Orange

o   Enhancement of city reputation and profile

o   Promotion of the arts

o   Contribution to physical and mental health and wellbeing

o   Conservatorium building as a tourist attraction

·      Opportunities for both ORC and Council

o   For coherence with OCC strategies and planning

o   To include ORC in tourism marketing

o   Linking with city events

o   For growth and expansion

o   For the ORC to be a key link in the destination marketing strategy

o   Capitalising on the digital environment  

·      Economic implications for ORC and Council

o   For Council budget

o   Sustainability of ORC

o   Affordability of ORC offerings for whole community

o   ORC bringing jobs into the community

o   ORC bringing in grants/funds

 

·      Inclusion as an ORC key value and community direction

o   Reflective of Orange community needs, interests and tastes

o   Accessible to diverse groups

o   Indigenous music and arts

·      Governance and management

o   Operation of the facility

o   Cooperative management across the facilities of the civic precinct

o   Coordination of programs of collocated facilities – conservatorium, gallery, library etc.

o   Good governance and management within the ORC

·      Outward facing nature of the ORC

o   To community and groups in the community

o   Participation in public events / concerts

o   Partnerships with other community organisations

o   Outreach programs

FEEDBACK - RAW DATA

The following data was generated in response to the question: What are your initial thoughts on the future directions of the ORC? 

Warm feedback (how the ORC draft material seems to align with desired goals)

·      Inclusion

·      Benefactors??

·      Strength of partnership between Council and ORC – strong foundation

·      Enhances liveability of Orange

·      Vision fits with other strategic plans for Orange - #1 regional tourism destination in Orange

·      New building aligns with OCC Future City Project

·      Arts is currently a missing link in our destination marketing strategy – this is a great opportunity

·      Flow on from big projects – CBD renovation

·      Continued good governance

·      Enriching our cultural life but also economic development – through jobs and bringing in funding

·      Love the idea of community development – Community Strategic Plan

 

·      New building will help to attract

o   Sponsorship

o   Pupils

o   Quality teachers

 

Cool feedback (possible disconnects, gaps, or problems) 

·      Affordability?

·      Affordability to all leads to inclusion

·      Affordability by lower socio-economic groups

·      Possible drain on Council budget

·      Building control

·      Barriers to public performances – ? cost of performers

Ideas (suggestions for strengthening the work of the ORC)

·      Work closely with Orange 360 and other regional organisations

·      Leverage between events and ORC

·      Promotion

·      Accommodating diversity within the vision – music groups, tutors, enthusiasts etc.

·      Linking in with future event opportunities e.g. jazz festival

·      Potential for corporate and commercial partnerships – sustainability, resourcing growth

·      Promotion of ORC through advertising and education

·      Did you respond to our EOI?

·      Work with Orange Headspace – young people and mental health

·      Outreach – more public performances

·      Seeing the Orange High School band at the recent DPI building was fantastic – Con should do more of it

·      Friday evening concerts in North Court / Botanic Garden

·      Orange music festival – Festival of Small Halls

·      Annual Indigenous Music and Dance Festival

·      Integration with other cultural institutions?

·        Music in health?

 

 

·      Opportunities and programs:

o   Health

o   Self-care

o   Indigenous

o   Disability

o   At risk

o   Immigration

·      Different ways to deliver teaching e.g. virtual reality

·      Learn from COVID experience – online concerts

·      Music and mental health

·      Totally self-funded with grants. Look forward to business strategy

·      Use performance hall for other purposes

 

ORC/OCC RELATIONSHIP – RAW DATA

The following data was generated in response to the question: What might the OCC / ORC relationship look like going forward?

·      ‘Close and happy friendship’

·      ORC needs to be largely self-sustaining with some financial support from council

·      ORC serves a number of different purposes within the community beyond lessons for musicians

·      Can ORC support council events through performances?

·      Role as music leader in the community co-ordinating with other musicians

·      Look at OCC Community Plan and see where ORC can value add

·      Two independent bodies which support each other’s goals

·      ORC enhances the reputation of Orange and assists in attracting new citizens

·      Potential to improve visibility of ORC by leveraging of high-profile Council events

·      How will ORC manage shared spaces with Planetarium?

·      Facility will be a real annual cost to council. ORC autonomous business but will have to work with other organisations in cultural precinct.

 

Attachments

1          Appendix A - ORC consultation workshop, D20/69291

2          Appendix B - ORC consultation workshop, D20/69292

 


Council Meeting                                                                                                                  1 December 2020

Attachment 1      Appendix A - ORC consultation workshop


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council Meeting                                                                                                                  1 December 2020

Attachment 2      Appendix B - ORC consultation workshop

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Council Meeting                                                                                        1 December 2020

5.3     Roads and Transport Congress - 16 and 17 November 2020

RECORD NUMBER:       2020/2328

AUTHOR:                       Lea Dally, Executive Support Administration Officer    

 

 

EXECUTIVE Summary

Cr Kidd and Cr Duffy attended the Roads, Regions and Resilience, Roads and Transport Congress in Wagga Wagga on Monday 16 and Tuesday 17 November 2020. As per Section 6.30 of the Councillors Payment of Expenses and Provision of Facilities Policy, Councillors are required to seek approval to attend a conference from the CEO followed by a resolution of Council. This report is being put forward to inform Council of attendees at this Congress as a Council resolution was not obtained due to the timeframe of advice that the Congress was going ahead.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “13.2 Prosper - Support initiatives for improved connectivity between Orange and capital cities and regional towns”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

That attendance by Cr Kidd and Cr Duffy at the Roads, Regions and Resilience Transport Congress held in Wagga on 16/17 November 2020 along with the summary 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

Session

Speaker/s

Address

Hon Michael McCormack MP – Deputy Prime Minster

Natural Disaster – Impact on Infrastructure, Transport and Roads

Warren Sharpe OAM – Director Infrastructure Services Eurobodalla Shire Council, President New South Wales Institute of Public Works Engineering Australia

Larissa Copeland – Regional Engagement Manager, Regional Team Australia, Telstra

Jimmy Scott – General Manager Resilience, Queensland Reconstruction Authority

Telecommunications Infrastructure – Building and Supporting Resilience in Local Communities

Steven Butler – Founder and CEO Stilmark Group

Working Together in the Bushfire Aftermath

Major General Andrew (Hocks) Hocking – Deputy Coordinator, Engagement and Operations, National Bushfire Recovery Agency

Panel: Deep Dive into Council Responses to Natural Disasters and Pandemics

Lance King AFSM - Coordinator Emergency Management, Latrobe City Council

Megan Gould - Program Leader - River and Catchment Engineering, Logan City Council

Tony Johnson - Manager Health and Family Services, Human Services Division, Whitehorse City Council

Cr Mark Greenhill OAM - Mayor, Blue Mountains City Council

The Hidden Costs of Disaster

John Richardson - National Resilience Advisor, Australian Red Cross

Nick Wiesener - Senior Operations Manager – Disaster, Risk, Resilience and Innovation, Insurance Council Australia

Change the Story of Violence Against Women in your Community: Prevention Toolkit for Local Government

Patty Kinnersly - Chief Executive Officer, Our Watch

Vesna Rozman - Social Inclusion Coordinator, City of Charles Sturt

Sharmila Falzon - Community Capacity Building Officer, Domestic and Family Violence, City of Parramatta Council

Liam Bantock - Coordinator Safe and Inclusive Communities, Latrobe City Council

Keynote Address: Engaging your Community Through Times of Crisis

Dr Neryl East - Media, Communications, Reputation and Credibility Expert

Panel: Responding Under Fire: Shared Reflections on Engaging your Community During an Emergency

 

Facilitated by Dr Neryl East

Kate Crowe - Communications Officer, Shoalhaven City Council

Jessica Rippon - Director Environmental Services, Kiama Municipal Council

Candy Choo - Chief Executive Officer, Local Government Professionals

Ken Furdek - Manager Communications and Engagement, Noosa Shire Council

Opposition Address

The Hon Catherine King MP - Shadow Minister for Infrastructure, Transport and Regional Development

Wagga Wagga City Council - A Case Study into Regional Resilience

Mayor Greg Conkey - Wagga Wagga City Council

Is Australia Still the “Lucky” Country? Regional Challenges and Opportunities

Nicki Hutley - Partner, Deloitte Access Economics

Government Address

The Hon Mark Coulton MP - Minister for Regional Health, Regional Communications and Local Government

Road Safety

Gabby O’Neill - Head of National Office of Road Safety, Department of Infrastructure, Transport, Cities and Regional Development

Peter Tegart - Chief Executive Officer, Queanbeyan-Palerang Council

Keynote Address: Digging Deep in Difficult Times

Dr Richard Harris SC OAM - Australian of the Year (2019) for his heroic efforts as part of the rescue mission to save 12 boys from flooded caves in Thailand

 

 


Council Meeting                                                                                        1 December 2020

5.4     Adoption of the Blackmans Swamp Creek and Ploughmans Creek Floodplain Risk Management Study and Plan - October 2020

RECORD NUMBER:       2020/2339

AUTHOR:                       Jason Theakstone, Manager Engineering Services    

 

 

EXECUTIVE Summary

This report serves to adopt the Blackmans Swamp Creek and Ploughmans Creek Floodplain Risk Management Study and Plan, October 2020 after being exhibited for a 28 day period.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “7.1 Preserve - Engage with the community to develop plans for growth and development that value the local environment”.

Financial Implications

Nil

Policy and Governance Implications

Nil associated with this recommendation.

 

Recommendation

That Council adopt the Blackmans Swamp Creek and Ploughmans Creek Floodplain Risk Management Study and Plan, October 2020 but defer the planning and development controls shown in Section 5.9 of the report until such time that the Department of Planning Industry and Environment allows flood controls on land above the 1% flood.

 

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 would remember resolving to exhibit the Blackmans Swamp Creek and Ploughmans Creek Floodplain Risk Management Study and Plan, October 2020 for a period of 28 days and seek comment at its 20 October 2020 meeting.

 

Consultation

Council’s media department has undertaken an exhibition process using social and print media. The general public was encouraged to make comment on Council’s YourSay website which had 2 questions to tease out a response on development controls and physical mitigation measures. Both questions had an opportunity to leave a comment.

 


 

The following questions were posed to the public on the YourSay site:

1     The Floodplain Plan suggests changes to Orange's Development Control Plan which would put limits on the buildings allowed to be constructed in flood-prone areas of Orange. Do you support these changes?

2     The Floodplain Plan suggests a list of mitigation measures in locations around Orange would cost around $12.6 million and seeking funding from other tiers of government for this work. Do you support the Council beginning this work as funds are available?

Of the 17 visitors to the site, 12 people responded to the survey.

Of the 12 people who responded to Question 1 of the survey:

·      3/12 responded negatively to Question 1 and left the following comments as responded to by the author of this report:

o   “If they can build on sand in Dubai, surely Orange can build on flood lands.”

          Manager of Engineering Services response: “Sand provides a great foundation for buildings all around the world but even in Dubai they don’t build within flood prone land.”

o   “Lack of foresight in the past has led to problems in the CBD area. The critical infrastructure i.e. Council buildings should never have been built on a swamp area. Move these to say the old DPI building and look at the problems being created by dense housing being proposed in the catchment area upstream i.e. the old rifle range etc. and make it a water catchment area.”

          Manager of Engineering Services response: Agree that lack of foresight has led to buildings being built on swamps (flood prone land). The Blackmans Swamp Creek and Ploughmans Creek Floodplain Risk Management Study and Plan, October 2020 aims to provide this foresight. Moving all of the Civic Centre to the old DPI building won’t help with flood mitigation and Council will be harvesting water from Rifle Range Creek once the Phillip Street stormwater harvesting basin is constructed.

·      Council received one positive comment for question 1 being: Having no buildings in flood prone areas will allow for more open spaces which Orange needs to preserve its character.”

Manager of Engineering Services response: Agree.

Of the 12 people who responded to Question 2 of the survey:

·      1/12 people responded negatively to Question 2 and left the following comments as responded to by the author of this report,

o   “How often does Orange flood to justify that amount of money. Surely local Council can fix this.”

Manager of Engineering Services response: Orange has the probability to flood at least once every five years. The 1999 flood caused significant damage to the buildings within Orange. Yes Council can mitigate these floods by adopting the Blackmans Swamp Creek and Ploughmans Creek Floodplain Risk Management Study and Plan, October 2020 and implementing the mitigation measures.

 

·      Of the 11 people that responded positively to Question 2, one person said: “As long as it doesn't leave rate payers to pay for Councils previous errors and does not disadvantage individual households and their way of life in its implementations.”

Manager of Engineering Services response: Council will always try not to disadvantage any household.

During the exhibition period, Council sent the Blackmans Swamp Creek and Ploughmans Creek Floodplain Risk Management Study and Plan, October 2020 to various industry groups and received commentary for the State Emergency Service (SES) and Department of Primary Industries and Environment (DPIE – formally OEH).

DPIE responded with:

“The Consultant has done outstanding modelling work considering the complex flood behaviour in Orange and it is expected the flood mitigation measures once implemented would reduce the risk of flooding.

Glad to advise the draft has been revised by The Department and it was found that met the current NSW Flood Prone Land Policy and undertaken based on the technical guidelines recommended in The Floodplain Development Manual.

The non-structural floodplain mitigation measures sound feasible and realistic, as well as the proposed Ultimate Flood Mitigation Scheme and the Vegetation Management Plan. However, in order to facilitate the application process for the following Stage 3 and Stage 4 in the NSW Floodplain Management Program, it is suggested to include the Investigation & Design - I&D (detailed design) into Measure 6 and designate the Measure 7 (Stage 4) exclusively to construction activities. In other words, at the end of Stage 3, the Scheme should be ready for construction activities.   

Also, note OEH has been abolished and its reference in Page S-5 should be changed to The Department of Planning, Industry and Environment.”

Manager of Engineering Services response: Council will apply for funding through DPIE as a staged process by applying for funding for investigation and design of mitigation measures and then construction.

SES responded with:

“The NSW State Emergency Service has reviewed the documents and has no changes or amendments.

The SES looks forward to working closely with Orange City Council in the adoption of the Floodplain Risk Management Study and Plan and the implementation of its recommendations”.

Manager of Engineering Services response: Council is already working closely with the SES with the outcomes of the Plan and will continue to do so.


 

Planning and Development controls shown in Section 5.9.

Council should note that Clause 7.2 (2) of the Orange LEP restricts planning controls on development on land above the 1% AEP flood (1:100 year flood) by virtue of the Standard Instrument.

Section 5.9 of the Blackmans Swamp Creek and Ploughmans Creek Floodplain Risk Management Study and Plan, October 2020 provides a set of graded flood controls for land uses at and below the 1% AEP but also has controls for critical and vulnerable developments (Hospitals, Aged Care Centres) above the 1% AEP flood as the Department of Planning is working towards including development flood related controls for critical and vulnerable developments above the 1 % AEP flood.

Council may remember adopting a set of DCP flood related controls at its 19 November 2019 meeting when adopting the flood maps. It is recommended that Council shelve the DCP controls shown within Section 5.9 of the Blackmans Swamp Creek and Ploughmans Creek Floodplain Risk Management Study and Plan, October 2020 until such time the Department of Planning amend the Standard Instrument to allow controls on land above the 1 % AEP flood.

 

 

Attachments

1          Submission - SES, D20/70414

2          Submission - Planning Industry & Environment, D20/70413

3          Individual Survey Responses Flood Risk Management Plan 19 October 2020 To 17 November 2020, D20/70416

4          Summary Report Flood Risk Management Plan 19 October 2020 To 17 November 2020, D20/70415

  


Council Meeting                                                                                                                 1 December 2020

Attachment 1      Submission - SES

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Council Meeting                                                                                                                 1 December 2020

Attachment 2      Submission - Planning Industry & Environment

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Council Meeting                                                                                                                 1 December 2020

Attachment 3      Individual Survey Responses Flood Risk Management Plan 19 October 2020 To 17 November 2020

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Council Meeting                                                                                                                 1 December 2020

Attachment 4      Summary Report Flood Risk Management Plan 19 October 2020 To 17 November 2020

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Council Meeting                                                                                        1 December 2020

5.5     NetWaste Quotation F3536 for Regional Household Chemical Collection 2021

RECORD NUMBER:       2020/2347

AUTHOR:                       Wayne Davis, Manager Waste Services and Technical Support    

 

 

EXECUTIVE Summary

The purpose of this report is to seek Council’s endorsement to engage a contractor to collect, transport, and dispose/recycle household hazardous chemicals collected from the Ophir Road Resource Recovery Centre.

A selective quotation process was coordinated by NetWaste in September 2020, on behalf of Sixteen (16) participating NetWaste Councils.

The services required from the successful quote on behalf of the participating Councils include:

·      Undertaking the servicing of each Household Chemical Collection (HCC) event within the required timeframes in April/May 2021.

·      Provide safe EPA licensed and environmentally approved transport, disposal, and reprocessing methods to the household chemical products collected within the NetWaste region

Provide and collate reports to NetWaste, and the respective Councils as required outlining the volume and range of chemicals collected from each participating HCC Council event.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “8.1 Preserve - Identify and deliver essential water, waste and sewer infrastructure to service the community into the future”.

Financial Implications

Chemical collection event 100% funded by DPIE/EPA, Paintback LTD, and NetWaste - NIL cost for event hosting and chemical collection.

Nominal advertising charge for each Council - $1000 for each half day event, $2000 for each full day event (includes TV, Radio, Print, and Social Media). 

Aside from the above there is no cost to Council and as such the report is not in closed.

Policy and Governance Implications

A contract will result from the appointment of a Contractor for the period for the collection, removal, storage, and disposal of chemicals collected from the nominated Collection Centres. It is recommended that if Council confirm participation in the NetWaste contract, notification be given to Council insurers about the upcoming service due to the hazardous nature of the material collected and responsibilities under the Protection of the Environment Operations Act 1997 (POEO Act).

 

Recommendation

1        That Council confirms its acceptance of the quotation submitted by Environmental Treatment Solutions (ETS) dated 25 September 2020, and to take part in the 2021 Regional Household Chemical Clean Out contract.

2        The contract will only be effective upon execution of the contract document by both Council and ETS. Council is not legally bound until the contract is executed by both      parties.

 

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 term of the service is for 37 days for all Regional Councils hosting their own Household Chemical Collection event at their nominated site(s). The service duration in Orange is for 1 day.

Upon the quotation being awarded, each Council shall enter a separate identical Contract with the Contractor. Sixteen (16) NetWaste Councils committed to participating in the quotation process. They include:

 

1.     Bathurst Regional Council

2.     Blayney Shire Council

3.     Bogan Shire Council

4.     Broken Hill City Council

5.     Cabonne Council

6.     Dubbo Regional Council

7.     Forbes Shire Council

8.     Lachlan Shire Council

9.     Lithgow City Council

10.   Mid-Western Regional Council

11.   Narromine Shire Council

12.   Orange City Council

13.   Parkes Shire Council

14.   Warren Shire Council

15.   Warrumbungle Shire Council

16.   Weddin Shire Council

 

The selective quotation process (F3536) began on 7 of September 2020 and closed at 2pm on 25 September 2020 with two (2) submissions received from Cleanaway and Environmental Treatment Solutions (ETS).

The quotations were evaluated against the following criteria and weightings:

(a)   Quotation Price(s) (40% weighting);

(b)   Suppliers experience in relation to and working with multiple Councils individually and through regional waste groups such as NetWaste (20% weighting);

(c)   Demonstrated capacity to provide the service (20% weighting);

(d)   Ability to undertake works within required timeframes (15% weighting); and

(e)   Environmental Management and Work Health and Safety systems (5% weighting).

Evaluation Criteria

Commentary & summary of scoring

Quotation Price(s)

 

(40% weighting)

Primary Considerations:

The standard formula to score each submission was not utilised due to the nature of the tendered rates for itemised products. However, the quote was scored as a raw score based on whether the quoted rates was satisfactory or not.

Score (out of 5):

Environmental Treatment Solutions (ETS) scored 5, as Councils would not have to further fund the collection of scheduled chemicals and event hosting. Cleanaway scored 3 due their quote being much higher, which could not guarantee either full event funding by the EPA, and that Councils may have had to co-contribute funds for the collection events.

Suppliers experience in relation to and working with multiple Councils individually and through regional waste groups such as NetWaste

(20 % Weighting)

Primary Considerations: Required information supplied by tenderer, including level of detail provided; transport, processing, and recycling; level of experience in a regional setting; licencing from relevant authorities including EPA.

Score awarded (out of 5): ETS scored 4 due to their local and regional experience. Cleanaway scored 4.5 due to their other extensive regional campaigns, and State-wide Community Recycling Centre contract.

Demonstrated capacity to provide the services

(20% Weighting)

Primary considerations: Required information supplied by service provider. Staff allocation, equipment, material processing ability. Performance in meeting contract requirements from the Council events.

Score awarded (out of 5):

ETS scored 4 due to their previous work with regional chemical collection. Cleanaway scored slightly higher at 4.5 due to similar ability, and were able to provide a fork lift for events at no charge to Councils.

Ability to undertake works within a required timeframe

(15% Weighting)

Primary Considerations: Workable timeframes

Score awarded (out of 5): ETS scored 4

(37-day cycle). Cleanaway scored 4.5 due (31-day cycle) to a slightly shorter timeframe of 6 days shorter. 

Environmental Management and Work Health and Safety (WHS) systems

(5% Weighting)

Primary Considerations: Has an environmental sustainability strategy; complying with relevant Work Health and Safety requirements; quality management system in place.

Score awarded: (out of 5) Both ETS and Cleanaway scored 4 due to identical environmental management systems (EMS) that are independently audited. Both were able to present a high level of corporate documentation including environmental strategy, work health and safety systems, and EPA licenced facilities.

 

The score out of 5 was as follows:

 

Tenderer

Score

ETS

4.2/5

Cleanaway

4.1/5

 

ETS has worked with NetWaste on many occasions and are local to the region. Up to 70% of the material collected will be processed at their Blayney treatment plant stimulating the local economy. In their quotation submission they were able to present a high level of documentation, demonstrating their capacity as an organisation to deliver the service to the 16 participating Councils in the NetWaste region, including an independently audited Environmental Management System (ISO14001) that meets international standards.

NetWaste is contributing a significant amount of funding to coordinate a regional advertising campaign through both radio and television to ensure a strong response from the community. Each participating Council to the resultant Contract will enter a separate Contract in accordance with the General Conditions of Contract. Individual contracts will be issued to each of the 16 Councils with the service to commence in late April to May 2021.

 

 

  


Council Meeting                                                                                        1 December 2020

5.6     2020 - 2021 Fees and Charges Amendments and Additions

RECORD NUMBER:       2020/2402

AUTHOR:                       Scott Maunder, Director Community, Recreation and Cultural Services    

 

 

EXECUTIVE Summary

The activities and operations of Council are constantly changing and evolving and as such alterations are required to Councils fees and charges register. The following additions have been collated in conjunction with the September budget review and are to be exhibited.

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

The proposed fee adjustments have been considered on a cost recovery basis and levels of use.

Policy and Governance Implications

New fees and charges must be advertised for 28 days in accordance with the Local Government Act.

 

 

Recommendation

Council resolves to place the following fees on exhibition for the information of the community for a period of 28 days.

 

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 following new and amended fees and charges are proposed to be placed on public exhibition for a period of 28 days.

 

Orange City Council Pound

Activity

Existing fee EX GST

Proposed fee Ex GST

Justification

Microchipping

-

$30

New Pound Officer has accreditation to Microchip companion animals. Was previously carried out by vets. Costing for Council $5 per microchip and $25 Staff time.

Orange City Council De-sexing Program

$50

$60

The minor increase in fees is to cover registration of de-sexed animals for which under the Companion Animal Act 20/21 the fee has increased to $60.

 

Orange Civic Theatre

Orange Civic Theatre (OCT) attracts and delivers a range of quality performances and diverse events that are utilised by businesses, community, patrons and visitors.

 

Since March 2020, the OCT has been effectively closed to the public due to COVID-19 restrictions and forcing 112 shows (to date) to be cancelled or rescheduled. As of 1 July 2020, imposed restrictions started to lift to allow events and performances to proceed and to encourage client and consumer confidence and increase utilisation at the OCT.  This report recommends a COVID-19 Recovery Offer to clients/hirers.

 

The request is for a 50% discount off venue hire only for the Theatre. The 50% discount would also apply to the professional/commercial sector.

 

OCT is recommending a proactive approach to increase client confidence to proceed with bookings or shows and to increase utilisation on dates where shows have been postponed to 2021.

 

Hirers/clients have noted the below reasons for not confirming to proceed with their shows:

·    Limited capacity of the theatre (not financially feasible).

·    Full capacity is not permitted (especially for larger multi-day performances).

·    Concerns for future lock-down (as being seen in Victoria).

·    Concerns for cast and crew who may be vulnerable to the virus.

·    Concerns for general public health and safety.

 

The proposed Recovery Offer would confirm that OCT is open for business, are looking to assist the arts and business community to hold shows and events and to commence their road to recovery. 

 

The purpose COVID-19 Recovery Offer is to increase activation in the Theatre that is done in a manner that will not result in an actual cost to the Organisation. The Offer is a 50% discount on venue hire of the theatre only, which is a reflection on the available seating (including the requirement of social distancing) for meetings and events.  All other fees and charges will remain the same. 

 


 

Potential financial risks to Council are limited given all associated fees and charges, such as staff and equipment hire remain the same.  The OCT is currently open for business and therefore staff and overhead costs remain unchanged with no event income. Social and economic benefits include activation of venue, suppliers being sourced (catering, alcohol wholesalers), flow-on effects for hospitality partners increasing patrons prior to shows, and increased confidence for community to support public facilities in the Orange region.

 

The proposed COVID-19 Recovery Offer is recommended to commence from 1 August until 31 March 2021.  Should capacity restrictions lift to allow full capacity within four weeks of any show or event, then full fees and charges would apply. 

 

RECOMMENDATION

1.       That the COVID-19 Recovery Offer be offered to users from 1 August 2020 to 31 March 2021. 

2.       That the COVID-19 Recovery Offer consist of a 50% discount for Theatre Venue Hire (Monday to Sunday) for professional/commercial, performing arts businesses in the Local Government Area, community/Not-for-Profit and schools/registered charity, noting that this does not include public holidays and all other fees and charges remain the same.

3.       That Council cease the COVID-19 Recovery Offer should full capacity of Orange Civic Theatre be allowed within four weeks of an event or show.

 

Orange Aquatic Centre Summer Pass

The NSW Government offers Two Active Kids Vouchers to every child (4.5 - 18 years old) who has a current Medicare card and is enrolled in school from Kindergarten to Year 12 is eligible. This includes those who are home-schooled or enrolled in secondary school education at TAFE NSW.

 

The vouchers may be used with a registered activity provider for registration, participation and membership costs for sport, fitness and active recreation activities.

 

We are proposing a structure pass, called Aquatic Centre Summer Pass available to children aged 5-18 years old, to operate for two months, at a cost of $100 including GST. The active kids voucher can be used to pay for the pass.

 

The pass will entitle to holder to unlimited entry and participation in at least one structured program per week. This will include options such as introduction to swimming, participation in water polo instruction courses or utilising of inflatables.

 

Activity

Existing fee EX GST

Proposed fee Ex GST

Orange Aquatic Centre Summer Pass

-

$100

 

 


 

Occasional Care

Occasional Care is now eligible to attract the Child Care Subsidy and families eligible to claim are able to claim up to 80% of the fee payable. The fee structure is required to reflect the difference between those families able to claim the rebate and those that are not.

 

Name

Existing fee ex GST

Proposed fee Ex GST

Justification

Fee per hour or part thereof (per child - no CCS)

9.75

9.75

 

Fee per hour or part thereof (per child with CCS)

Nil

11.00

Fee consistent with Day Care Centres

 

 

 

 

     


Council Meeting                                                                                        1 December 2020

6     Closed Meeting - See Closed Agenda

The Chief Executive Officer will advise the Council if any written submissions have been received relating to any item advertised for consideration by a closed meeting of Orange City Council.

The Mayor will extend an invitation to any member of the public present at the meeting to make a representation to Council as to whether the meeting should be closed for a particular item. In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.

Recommendation

That Council adjourn into a Closed Meeting and members of the press and public be excluded from the Closed Meeting, and access to the correspondence and reports relating to the items considered during the course of the Closed Meeting be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions:

6.1     Sale of land - Lady Peel Close/Escort Way, 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 (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

6.2     Submission Redactions

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 (a) personnel matters concerning particular individuals (other than councillors)..

 

 


Council Meeting                                                                                        1 December 2020

6.1     Sale of land - Lady Peel Close/Escort Way, Orange

RECORD NUMBER:       2020/2354

AUTHOR:                       Sharon D'Elboux, Manager Business Development    

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

 


Council Meeting                                                                                        1 December 2020

6.2     Submission Redactions

RECORD NUMBER:       2020/2415

AUTHOR:                       Nick Redmond, Acting Director Corporate and Commercial Services    

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (a) personnel matters concerning particular individuals (other than councillors)..

 

  


Council Meeting                                                                                        1 December 2020

7       Resolutions from closed meeting