Agenda of Council Meeting - Tuesday, 2 February 2021

Council Meeting 2 February 2021

2.1 Central NSW JO - Board Report 4 December 2020

RECORD NUMBER: 2021/17

Mayoral Minute

I attended the Central NSW Joint Organisation Board meeting on Friday 4 December 2020 in Bathurst. This Mayoral Minute provides a summary of that meeting and attaches minutes for your information.

Recommendation

That Council note the report from the recent CNSWJO Board meeting and provide feedback to the Central NSW Visitor Economy Strategy 2021-2026.

Cr Reg Kidd
Mayor

SUPPORTING INFORMATION

The theme for the day was Transport, there were a number of presentations including The Hon Paul Toole, in his capacity as both the Local Member for Bathurst and Minister for Regional Transport and Roads. Please see more detail overleaf.

Please find the draft Minutes and the Central NSW Visitor Economy Strategy attached.

Presentations to the Board included:

· The Hon Paul Toole

Member for Bathurst and Minister for Regional Transport and Roads

The Minister gave an overview of his portfolio activity to date, a record amount of funding is coming to our region through this new portfolio. Members resolved to work with TfNSW to align messages on road safety.

· TfNSW

Mr Anthony Hayes, Executive Director Community and Place

Mr Alistair Lunn, Director West Region, Community and Place Transport for NSW

Mr Mark Hannan, A/Director Regional Strategy Customer Strategy & Technology and

Mr Lachlan Paull, A/Senior Transport Planner

Mr Alistair Lunn Director West and Mr Anthony Hayes the new Executive Director of Community and Place addressed the Board. The Board were pleased to hear that the Mr Lunn has been formally appointed in his role as part of the restructure of TfNSW to have a greater regional and customer focus.

Mr Mark Hannan and Mr Lachlan Paull of the Regional Strategy and Customer Strategy and Technology TfNSW Department updated the Board on the CWO Regional Transport Plan. Further inputs are being sought from members and a draft is expected to be published for public comment in the first quarter of 2021.

· Orange Rail Action Group (ORAG)

Peter Bilenkij, Shane Austin and Phil Stevenson.

The Orange Rail Action Group provided an update on potential changes to the rail network that would offer a better customer experience across Central NSW.

· Evenergi

Mr Daniel Hilson Founder and CEO

Mr Daniel Hilson provided an update on the work through the CNSWJO Energy Group with charging stations, new Heavy Vehicle EV and potential charging Infrastructure across the region.

· Vital Intermodal Transport Links (VITL)

Mr Stephen Stead and Mr Tony Shepherd and Mr Marcus Horsfall.

VITL are seeking support from the JO for progressing a swift link between the two wests. There is further discussion to be had about a potential PR campaign that includes Western Sydney Councils. For more information on this community advocacy group please go to http://vitl.org.au/

Priority One - Inter-council cooperation

Compliance and CNSWJO meeting dates for 2021

The 2020 Annual Performance Statement including audited financial accounts was adopted. The Statement reports progress in implementing the Strategies Plans for delivering Strategic Regional Priorities. Please find a copy on the JO website at https://www.centraljo.nsw.gov.au/content/uploads/Annual-Performance-Statement-2020_FINAL.pdfCovid19

Presentations to Council on the progress of the CNSWJO are being organised subject to the Covid19 pandemic.

Annual update from the Portfolio Mayors was received. Please refer to the Board agenda or Annual Performance Statement for the full update. The updates are from:

• Cr John Medcalf, Portfolio Mayor for Inter-council Cooperation

• Cr Bill West, Portfolio Mayor for Regional Prosperity

• Cr Ken Keith, Portfolio Mayor for Transport and Infrastructure

• Cr David Somervaille, Portfolio Chair for Water

The meeting dates for 2021as follows.

Board	11 March	27 May	26 August	25 November
Location	Blayney	CSU Orange	State	Federal
GMAC	4 February	29 April	29 July	28 October
Location	Orange	Bathurst	Orange	Cabonne

Following the successful Water and Transport focused meetings in 2020. The Board will meet in Blayney and the theme will be Telecommunications.

Policy and Procedure review

In November of every year the Joint Organisation reviews its policies. Material changes to this year’s review relate to consultation, records management, procurement and delegations. The materiality of the procurements policy review changes is to enable local preference. The materiality of the delegations was provided and is based on a review of the Riverina Joint Organisation and Forbes Shire Council. Please request a copy of the full document from jenny.bennett@centraljo.nsw.gov.au

Best Practice in Aggregated Procurement (Best Practice in Aggregated Procurement)

This project is being funded by the Capacity Building funds from the Office of Local Government and is a collaboration of four Joint Organisations. $1400 from reserves for progressing operational programs have been expended to fund a variation to the contract to deliver an in depth survey of members to better tailor the program to Council needs. A big thank you to member Council staff for their feedback into this process and General Managers will be reviewing the outputs in the first quarter of 2021.

DPIE Energy Project

A MoU has been signed between CNSWJO and DPIE to deliver the Clean Energy Central project. This commitment from councils to a clean energy future, and the potential projects identified to date directly link to the JO’s Strategic Plan which aims to provide members with value for money from collaboration on energy- related projects, specifically regarding electric vehicles, solar and batteries, and innovation in the energy market emergent opportunities.

The Board will write to DPIE thanking them for the funding and support for the Clean Energy Central project, noting the value of the collaborative effort of the pilot which will not only provide value through to JO members, but also to the broader JO network through shared learnings.

Priority Two: Regional Prosperity

Regional Activators Alliance

Advice was provided on the Regional Australia Institute (RAI) initiative progressed through the Portfolio Mayor and the Chair between Board meetings.

CNSWJO has made an investment of $5000 in the Regional Activators’ Alliance (RAA) along with 36 other investors across the country. This is being leveraged by successful Federal Government budget bid by the RAI for $4.6m over two years ($2.3mpa) to support relocation into regional NSW.

By buying into the program, working with Central West RDA this region seeks to influence outcomes in the interest of members. The first opportunity is to provide information to go into the national campaign.

A template seeking input to this campaign has been sent to members for return by 15 December 2020. Further advice on the progress of this initiative will be provided to the next Board meeting.

Building Better Region Fund Round 5 application for a CBD project

An opportunity for funding for a project on the changing role of CBDs and town centres focusing on their tourism potential is being progressed through an application to the Building Better Regions Fund. At the request of the Economic Development Officers and Managers of the region, the project has involved widespread collaboration with the Regional Leadership Executive, RDA Central West, Destination Network Country and Outback and Business NSW.

Ultimately, investments of $2K per member Council, funding from the Central NSW JO and funding Capacity Building funds from the Office of Local Government will be leveraged into a Building Better Regions Grant Application that will provide advice for Councils and their communities on the changing role of CBDs, their potential in the visitor economy and associated forward planning for the next decades. The total project value is $195K.

Visitor Economy Strategy

Members received a presentation from University of Newcastle and are asked to provide feedback on the Visitor Economy Strategy (the Strategy). The University of Newcastle were engaged to deliver a refresh to the tourism service delivered regionally.

Please find a copy of the Strategy attached. The Board resolved to seek feedback from members and receive a report on progressing the Strategy in line with this feedback.

Next steps for optimising telecommunications in Central NSW

A Telecommunications’ forum will be held in Blayney 11 March as part of the next CNSWJO Board meeting – it will be for JO members, and then a break-out session/ workshop for local business and the community is being coordinated to take place in Blayney at the Community Centre on the same day. RDACW are being very supportive in the coordination of this event.

Ten4Ten Leadership Dialogue for 2021

Please refer to the report for full details but RDACW, updated the Board that this was a positive opportunity for ten specially chosen youth leaders with ten community leaders for a fantastic two-way conversation and mentoring experience. The report was very well received by the Board with a number of Councils seeking to work with RDACW in the coming financial year.

Priority Three: Regional Transport and Infrastructure

Western Link

Following their presentation, the Board agreed to in principle support for engaging in the actions of the Vital Infrastructure and Transport Link group which is progressing a safe and swift link between Sydney and Central NSW.

Further discussion around Western Sydney involvement and a PR campaign is to be undertaken in the New Year.

Priority Four: Regional Water Security

Water update

This quarter significant feedback from the CNSWJO and member Councils has been undertaken. It includes

• Feedback from the region on a Marsden Jacob report on Regional water value functions Valuing different hydrological outcomes under Regional Water Strategies.

• Submission to the Productivity Commission’s Review of the National Water Initiative;

• Submission to the NSW Productivity Commission Continuing the Productivity Conversation - GREEN PAPER -Water

• Joint Submission by CNSWJO and RDA Central West to the Portfolio Committee No. 7 Inquiry into the rationale for, and impacts of, new dams and other water infrastructure in NSW;

• Submission to the Draft Lachlan Regional Water Strategy;

• Submission to the Draft Macquarie – Castlereagh Regional Water Strategy; and

• Engagement with Infrastructure Australia to develop a Case Study for inclusion in the development of the Water Chapter for the Australian Infrastructure Plan, due to be published in April 2021

All submissions are be in accordance with CNSW JO policy and are available on the CNSWJO website or by request https://www.centraljo.nsw.gov.au/submissions/ Please request the CNSWJO Advocacy Plan for Water for more detail or contact jenny.bennett@centraljo.nsw.gov.au

Value to members

A snapshot of the value to members of the various activities undertaken by the JO for their members in the context of the CNSWJO Strategic Plan follows where more detail can be provided on request.

VALUE FOR MEMBERS 2020/2021	PREVIOUS FY 2019/2020	ACTIVITY FYTD
SUBMISSIONS	20	14
PLANS, STRATEGIES AND COLLATERAL	26	9
GRANTS	3	3
COMPLIANCE	13	4
DATA	6	1
PR VALUE OF TOURISM COLLABORATION	$1.5m	Data being collected
MEDIA INCLUDING SOCIAL MEDIA	13	8
COST SAVINGS	$1.87m	$429,219
REPRESENTATION	147	92
OPPORTUNITIES COUNCILS HAVE BEEN AFFORDED	35	21

I commend this report to Council and thank you all for your support.

Attachments

1 Minutes of the CNSWJO meeting held 4 December 2020, D21/630 ⇩

2 Central NSW JO - Visitor Economy Strategy - 2021-2026, D21/632 ⇩

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 15 December 2020

COMMENCING AT 7.00pm

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 Munro (Zoom), Cr S Nugent, Cr S Romano (Zoom), 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 Officer, Financial Accountant (Zoom), Manager Engineering Services.

Invited – Chris Harper, NSW Audit Office

1.1 APOLOGIES

Nil

1.2 LIVESTREAMING AND RECORDING

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

1.3 OPENING PRAYER

Beverley Rankin of the Orange Uniting Church 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

Cr Munro declared a non-significant, non-pecuniary interest in items 6.3 and 6.4 as his occupation as a real estate agent is a conflict regarding property reports.

Cr McRae declared a significant pecuniary interest in item 6.5 as she owns property adjoining a subject property listed in the report.

The Mayor advised that item 5.6 – DA284/2020(1), 4 Kearneys Drive has been withdrawn.

2 Mayoral Minutes

Nil

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.08PM

OPEN FORUM

Item 5.9 – Requests for Financial Assistance – Quarter 3 of 2020/2021 (Remaining Balance) – Small Donations Program

Beverley Rankin, Orange Uniting Church addressed Council on the need for funding for their Hot Meal Service.

Item 5.5 – Development Application DA59/2020(1) – 194A March Street

Mary Ann Sladek outlined her concerns for the development.

MATTER ARISING

Cr Taylor requested a report be provided back to Council with an update of the Wood Bank usage during 2020.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.18PM.

RESOLVED - 20/451 Cr R Kidd/Cr J Hamling

That the following late item be dealt with at the meeting of Orange City Council held on 15 December 2020:

Closed Council – Item 6.7 – Girralang Biodiversity Credits – Delegated Authority

3 Confirmation of Minutes of Previous Meeting

RESOLVED - 20/452 Cr S Nugent/Cr S Munro

That the Minutes of the Ordinary Meeting of Orange City Council held on 1 December 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 1 December 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

Mr Chris Harper from the NSW Audit Officer addressed Council on the Audited Financial Statements for 2019/2020 and the Annual Report was provided to Councillors.

4 Notices of Motion/Notices of Rescission

4.1 Aquatic Centre Admission Fee - Australia Day 2021

TRIM Reference: 2020/2549

RESOLVED - 20/453 Cr K Duffy/Cr J Hamling

That Council allow free admission to the Orange Aquatic Centre for Australia Day, Tuesday 26^th January 2021.

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

4.2 Bulky Waste Drop-off Service

TRIM Reference: 2020/2550

MOTION Cr K Duffy/Cr S Romano

That Council resolves:

1 To allow residents and ratepayers to deliver bulk waste/goods to the Ophir Road Resource Recovery Centre free of charge.

2 That this service be limited to a Ute Load/Table Top or 6 x 4 Trailer load.

AMENDMENT Cr G Taylor/Cr S Romano

That Council resolves:

1 To allow residents and ratepayers to deliver bulk household waste/goods to the Ophir Road Resource Recovery Centre free of charge over weekends to be determined.

2 That this service be limited to a Ute Load/Table Top or 6 x 4 Trailer load.

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

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

RESOLVED - 20/454 Cr G Taylor/Cr S Romano

That Council resolves:

1 To allow residents and ratepayers to deliver bulk household waste/goods to the Ophir Road Resource Recovery Centre free of charge over weekends to be determined.

2 That this service be limited to a Ute Load/Table Top or 6 x 4 Trailer load.

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

Against: Cr Nugent, Cr Mileto

Absent: Nil

Cr Hamling asked when the next bulky waste pick up was scheduled?

The Director Technical Services stated that the next bulky waste collection will be during February with staggered collection across the city.

5 General Reports

5.1 Recommendations and Resolutions from Policy Committees

TRIM Reference: 2020/2570

RESOLVED - 20/455 Cr J Hamling/Cr R Turner

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

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

3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 1 December 2020 be noted.

2 That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 1 December 2020 be noted.

4 That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 1 December 2020 be noted.

5 That the resolutions made by the Finance Policy Committee at its meeting held on 1 December 2020 be noted.

6 That the resolutions made by the Services Policy Committee at its meeting held on 1 December 2020 be noted.

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 would like it noted that at the Council Meeting of 1 December 2020, there was a robust discussion regarding the retention of trees in the city in particular Anson Street and the comments from the CEO be included in the minutes.

The Chief Executive Officer stated that he attended the Tree Forum where there was a strong message from community members that they do not want to see those trees removed, and staff will look for solutions that involves not removing the trees and report back to Council in 2021.

Cr Taylor foreshadowed a motion that Council develop a very succinct procedural policy on the trees that are in the streets surrounding the CBD.

Cr Mileto asked if Council has or will approach its insurers regarding liability for trips and falls and indemnity to Council for retaining the trees where there are known issues?

The Mayor stated that this information will be provided to Council as part of the report.

5.2 Statement of Investments - November 2020

TRIM Reference: 2020/2319

RESOLVED - 20/456 Cr J Whitton/Cr S Munro

That Council resolves:

1 To note the Statement of Investments as at 30 November 2020.

2 To adopt the certification of the Responsible Accounting Officer.

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

5.3 Low Interest Loan - Orange Waratahs Sports Club Ltd

TRIM Reference: 2020/2490

RESOLVED - 20/457 Cr G Taylor/Cr S Nugent

That Council resolves:

1 That Council notes this further information regarding the provision of a low interest loan to Orange Waratah Sports Club Ltd.

2 That the provision of a low interest loan is subject to the review of the Orange Waratah Sports Club Ltd published financial reports for the year ending 30 June 2020, if satisfactory.

3 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.

4 That the loan be funded from Councils unrestricted cash.

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

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

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

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

5.4 City Presentation Management Practices and Service Agreement

TRIM Reference: 2020/2498

RESOLVED - 20/458 Cr K Duffy/Cr J Hamling

That Council acknowledge the report.

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 Taylor noted there were Grants available to tidy up rubbish on road verges.

The Chief Executive Officer stated that Council had been awarded a grant from the EPA and will be working with Wangarang Industries to put a program in place.

5.5 Development Application DA 59/2020(1) - 194A March Street

TRIM Reference: 2020/2528

RESOLVED - 20/459 Cr R Turner/Cr T Mileto

That Council consents to development application DA 59/2020(1) for Multi Dwelling Housing (five dwellings) and Subdivision (six lot Community title) at Lot 222 DP 1239110 - 194A March 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

5.6 Development Application DA 284/2020(1) - 4 Kearneys Drive

TRIM Reference: 2020/2508

RESOLVED - 20/460 Cr R Kidd/Cr J Hamling

THIS ITEM WAS WITHDRAWN

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

5.7 Strategic Policy Review - ST146 - Child Safe - Post Exhibition

TRIM Reference: 2020/2287

RESOLVED - 20/461 Cr S Nugent/Cr S Munro

That Council adopts Strategic Policy – ST146 – Child Safe.

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 McRae asked who are Mandatory Reporters for Council regarding Child Safe concerns?

The Director Community Recreation and Cultural Services stated that those with a Medical Qualification and there were a number of positions across Council including the CEO and himself and the child care provider in charge of the facilities.

5.8 Strategic Policy Review

TRIM Reference: 2020/2478

RESOLVED - 20/462 Cr J Hamling/Cr K Duffy

That Council resolves to:

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

· ST049 – Communications & Community Engagement

· ST029 – Donations & Grants

· ST032 – Gallery Collection

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

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

5.9 Requests for Financial Assistance - Quarter 3 of 2020/2021 (Remaining Balance) - Small Donations Program

TRIM Reference: 2020/2461

RESOLVED - 20/463 Cr S Munro/Cr S Nugent

That Council resolves:

1 That a donation of $1,000.00 be made from the Small Donations Program to Anglicare Orange (Foster Care Children's Christmas Party 2021).

2 That a donation of $10,000.00 be made from the Small Donations Program to Orange Uniting Church - Hot Meals Outreach (Community Service and Equipment Purchase (provision of meals to the vulnerable)).

3 That a donation of $300.00 be made from the Small Donations Program to Spring Hill Activities Group (Spring Hill Village Christmas Party).

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 McRae asked why it was recommended to provide $10,000 to the Uniting Church when they requested only $2,000.

The Acting Director Corporate & Commercial Services stated that as part of the process it was identified there was a shortfall and need for increased funding and as provided by in the Donations and Grants Policy there is the option to increase funding where a service is supporting the vulnerable.

QUESTION TAKEN ON NOTICE

Cr Duffy requested information on whether and how Council contributed its unused Council Meeting Meal funds as was previously resolved.

5.10 Request for support for a Jazz Festival

TRIM Reference: 2020/2414

RESOLVED - 20/464 Cr S Nugent/Cr R Kidd

That the Council underwrite the Jazz Festival to the value of $50,000 from the 2020-21 Event Sponsorship fund and that the proponent supply quarterly reports for a period of three years.

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

QUESTION TAKEN ON NOTICE

Cr Hamling asked if the Jazz Festival could coincide with the Forbes Jazz Festival as part of a tourist trail.

5.11 Event Application - Ace Attractions - Orange Fun Fair

TRIM Reference: 2020/2555

RESOLVED - 20/465 Cr J Hamling/Cr T Mileto

That Council approve the application for Orange Fun fair hosted by Ace Attractions, at the Orange Showground on 6 & 7 and 13 & 14 February 2021 due to easing of COVID restrictions.

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 Fun Fair provider was local?

The Acting Director Corporate & Commercial Services stated that the organisation was from outside the region.

5.12 Job Creation Funding for Day Care Educators

TRIM Reference: 2020/2431

RESOLVED - 20/466 Cr S Nugent/Cr J Whitton

That Council resolves to:

1 Approve the use of funds from the Job Creation budget for a loans program under the Day Care Educators concept.

2 Place the details on public exhibition for a period of 6 weeks.

3 Subject to a report of satisfactory outcomes by Manager Community Services, approve the program to continue to operate through the 2021/2022 financial year.

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

5.13 40 km/h speed limit within the CBD

TRIM Reference: 2020/2460

RESOLVED - 20/467 Cr S Nugent/Cr R Turner

That Council ask TfNSW to consider lowering the speed limit within the CBD (Hill to Peisley Streets, Byng to Kite Streets (inclusive)).

For: Cr Kidd, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Romano, Cr Turner

Against: Cr Taylor, Cr Duffy, Cr Whitton

Absent: Nil

Cr Kidd asked if there was an option to have a variable speed limit.

The Director Technical Services stated that this is generally in school zones and vehicular hazard areas.

5.14 Single Use Plastics

TRIM Reference: 2020/2488

RESOLVED - 20/468 Cr S Nugent/Cr J Hamling

That Council resolves:

1 To endorse the development of a Single-Use Plastics Policy that addresses the reduction of single-use plastics in Council operations and events, and supports the 2025 National Packaging targets;

2 That Council prepare an implementation plan which identifies actions, suitable alternatives and timeframes, to implement objectives of a Single-Use Plastics Policy.

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 Taylor left the meeting with the time being 8.42pm**

**Cr Taylor returned to the meeting with the time being 8.43pm**

5.15 Sustainable Energy and Energy Efficiency

TRIM Reference: 2020/2499

RESOLVED - 20/469 Cr J Whitton/Cr S Munro

That the report on Sustainable Energy and Energy Efficiency 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

5.16 Projects Report December 2020

TRIM Reference: 2020/2532

RESOLVED - 20/470 Cr J Hamling/Cr K Duffy

That the information in the report on Capital Projects 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

QUESTION TAKEN ON NOTICE

Cr Nugent requested that a Councillor Briefing be organised to update Councillors on the progress of the Future City’s Project and go through each of the projects and their status’.

Cr Taylor asked if there was an update on the Southern Distributor works.

The Director Technical Services stated that the current closed section on Dairy Creek Road will be open in February 2021 then works will continue to complete the project by June 2021.

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 he had been passed an email to some Councillors by a Mrs Anne Salter. The CEO stated he was satisfied that Items 6.3 and 6.5 were placed into the closed meeting.

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 - 20/471 Cr J Whitton/Cr R Turner

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 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).

6.2 Tender for Construction of Amenities and Canteen (Naylor Pavilion Expansion)

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 Land Portfolio Review Update

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

6.4 Sale of industrial land at 298 Clergate Road

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.

6.5 Crown Land Negotiation

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.

6.6 Acquisition of Property for Roundabout

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.

6.7 Girralang Biodiversity Credits - Delegated Authority

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 8.56pm.

The Mayor declared the Ordinary Meeting of Council resumed at 9.29pm.

7 Resolutions from Closed Meeting

The Director Technical Services and Director Community Recreation and Cultural Services read out the following resolutions made in the Closed Meeting of Council.

6.1 Submission Redactions

TRIM Reference: 2020/2526

RESOLVED - 20/472 Cr J Hamling/Cr K Duffy

That the information in this report 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

QUESTION TAKEN ON NOTICE

Cr Whitton asked what the process for a submitter was to voluntarily have their name appear in the paper and not be redacted.

6.2 Tender for Construction of Amenities and Canteen (Naylor Pavilion Expansion)

TRIM Reference: 2020/2426

RESOLVED - 20/473 Cr R Kidd/Cr K Duffy

That Council resolves:

1 That Tender F735-1 for the Construction of Amenities and Canteen (Naylor Pavilion Expansion), be awarded to Regional West Constructions Pty Ltd for their tendered price of $596,857.20 (Ex GST)

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

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

6.3 Land Portfolio Review Update

TRIM Reference: 2020/2455

Cr Munro declared a non-significant, non-pecuniary interest in this item as a real estate agent, was placed in the online waiting room and did not participate in discussion or voting on this item.

RESOLVED - 20/474 Cr S Nugent/Cr J Whitton

That Council acknowledge the update report on property sales.

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

Against: Nil

Absent: Cr Munro

6.4 Sale of industrial land at 298 Clergate Road

TRIM Reference: 2020/2479

Cr Munro declared a non-significant, non-pecuniary interest in this item as a real estate agent, was placed in the online waiting room and did not participate in discussion or voting on this item.

RESOLVED - 20/475 Cr K Duffy/Cr R Kidd

That the CEO be delegated to enter options and finalise contracts for the sale of industrial land at 298 Clergate Road as per the detail in this report.

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 Munro

6.5 Crown Land Negotiation

TRIM Reference: 2019/2070

Cr McRae declared a significant, pecuniary interest in this item as an adjoining property owner, was placed in the online waiting room and did not participate in discussion or voting on this item.

RESOLVED - 20/476 Cr K Duffy/Cr J Whitton

That Council resolves:

1 To acknowledge the report by CEO.

2 To delegate to the CEO such authority as may be necessary to finalise the terms of the agreement as set out in this report.

3 To give permission for the use of the Council seal on any document if required.

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

Against: Cr Turner

Absent: Cr McRae

6.6 Acquisition of Property for Roundabout

TRIM Reference: 2020/2551

THE MOTION ON BEING PUT TO THE MEETING WAS LOST

Motion

That Council enter negotiations for the purchase of the property as per the details in this report for the purpose of construction of a roundabout.

For: Cr Duffy,

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

Absent: Nil

6.7 Girralang Biodiversity Credits - Delegated Authority

TRIM Reference: 2020/2594

RESOLVED - 20/477 Cr J Hamling/Cr R Kidd

That Councils Bio Banking credits be held for 6 months while future projects are determined.

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

MATTER ARISING

Cr Munro requested that Orange’s new citizens be invited to partake in Australia Day Celebrations and Ceremonies.

**Cr Romano left the meeting with the time being 9.40pm**

The Meeting Closed at 9.42pm.

This is Page Number 82 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 15 December 2020.

Council Meeting 2 February 2021

5 General Reports

5.1 Climate Change Strategic Policy

RECORD NUMBER: 2020/2592

AUTHOR: Lindsay Hall, Sustainability Officer

EXECUTIVE Summary

On the 4^th of February 2020 Council resolved that Council develop a strategic policy on Council’s future response to climate change including mitigation, adaption, and risk management issues.

Council staff have developed a draft Climate Change Strategic Policy (The Policy). Council staff have also developed a draft Climate Change Management Plan (The Plan) which establishes the mechanisms to implement The Policy objectives. Both The Policy and The Plan have been developed in consultation with Councils Environmental Sustainability Community Committee (ESCC)

The Policy will aid Council to align its operations and strategic planning with the NSW State Climate Change Policy Framework and their commitments to reduce greenhouse gas emissions while also building Councils resilience to climate change.

Council already benefits from a number of key renewable and energy efficiency projects which provide annual savings in energy costs and a reduction of operational emissions.

The Policy sets the precedent for Council to further implement energy efficiency, renewable energy and emission reduction actions into the future. The Policy also provides Council the flexibility to adapt to a changing climate as changes in best practice occur.

The Plan addresses our current mitigation actions taken to date and details our current available baseline data in relation to energy use and greenhouse emissions from Council operations and, outlines future strategies in relation to greenhouse gas emission reduction priorities for Council operations. The implementation of The Plan is supported by Councils current strategic plans including the Community Strategic Plan and the Orange Local Strategic Planning Statement.

The Plan aims to set the foundations for Council to:

· Systematically and methodically understand and mitigate Councils operational impacts on the climate and,

· Identify and adapt to climate change associated risks and,

· Prioritise and take appropriate action to implement the policy objectives

Link To Delivery/OPerational Plan

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

Financial Implications

There is no current estimated value. The Plan is designed to establish justifiable foundations for climate mitigations and adaptation actions to be implemented over time.

Policy and Governance Implications

The Local Government Act 1993 requires the public exhibition of Policies (if new or include significant changes) and adoption by Council.

Recommendation

That Council resolves to:

1 Place the following strategic policy and associated plan on public exhibition for a period of 28 days:

· ST148 – Climate Change

· Draft Climate Change Management Plan

2 That the policy ST148 – Climate Change 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

The NSW Government has committed to a goal of achieving net zero emissions by 2050 and has implemented action on climate change through the following plan and strategies:

Net Zero Plan Stage 1: 2020-2030

The Net Zero Plan Stage 1: 2020-2030 outlines the NSW Government’s plan to grow the economy, create jobs and reduce emissions over the next decade. The plan aims to enhance the prosperity and quality of life of the people of NSW, while helping the state to deliver a 35% cut in emissions by 2030 compared to 2005 levels. The plan will support a range of initiatives targeting electricity and energy efficiency, electric vehicles, hydrogen, primary industries, coal innovation, organic waste and carbon financing.

NSW Future Transport Strategy 2056

The NSW Future Transport Strategy 2056 promotes a cost-effective pathway to net-zero emissions, and involves:

· A shift over time from private car use to public transport.

· Promotion of low emission vehicles.

· Transition to cost effective, low emission energy supply.

· Collaboration with industry on new fuel-efficient vehicle technologies, including for a low emissions passenger vehicle fleet.

NSW Electricity Strategy

The NSW Electricity Strategy is the NSW Government’s plan for a reliable, affordable, and sustainable electricity future that supports a growing economy.

It will do this by:

· Delivering Australia’s first coordinated Renewable Energy Zone

· Saving energy, especially at times of peak demand

· Supporting the development of new electricity generators

· Setting a target to bolster the state’s energy resilience

· Making it easier to do energy business in NSW.

The strategy encourages an estimated $8 billion of new private investment in NSW’s electricity system over the next decade, including $5.6 billion in regional NSW. It will also support an estimated 1,200 jobs, mostly in regional NSW. The strategy aligns closely with the NSW Government’s Net Zero Plan Stage 1: 2020 – 2030.

Actions by Council to Date

Over the years, Council has implemented a myriad of measures focused on improving the economic and environmental sustainability of Council, particularly having regard to energy efficiency and water savings. These days, these such projects are referred to as ‘adaptation to climate change’.

Some of the mitigation projects undertaken by Council to date include:

· Installation of PV (solar) panels on the rooves of the Aquatic Centre; Council Depot; a number of childcare centres;

· Installation of solar at airport recently commenced

· Variable speed drives in water and sewer pumps

· Purchase of green power

· Sustainability Officer

· Adapted operational procedures at Aquatic Centre to reduce energy consumption

· Regional energy procurement contracts

· Gas procurement contracts

· Installation of Building management system (BMS) in Civic Centre and Gallery/Library

· Replaced chiller at Civic Centre

· Installed Perspex double glazing on Civic Centre windows

· Various tree planting projects

· Ongoing replacement of lighting in Council buildings as technology improved (from bulbs, to fluorescent lighting/T3/T5 and now LED lighting

· Greenwaste recycling

· Electric bikes available to staff

· Purchase of an electric vehicle

· Stormwater harvesting

· Water Ranger

· Council’s Biobanking Farm purchase and management

Plans are also in place for additional solar systems on the Civic Centre, Aquatic Centre and the new pound solar systems. Council is also investigating a proposal for additional solar/battery at the Airport

The development of a Renewable Energy Action Plan will commence in February, with funding and assistance from the Department of Planning Industry and Environment (DPIE).

As mentioned, many of the Council initiatives result in significant economic savings to Council’s operations whilst also providing significant environmental benefits that have been measured to date. Below are measured savings achieved in four recent projects.

Summary of Specific Council energy efficiency projects, savings and emissions reduced:

Project	Energy cost savings ($)	Emissions Reduced (CO2)
Southern Lights Project (Street Lighting LED replacement)	$465,500 over the first year. Project currently at 80% completion	542t C2-e
Chiller Replacement Project	$64,675 since the installation and commissioning of the chillers	298t CO2-e
Solar PV installation at Aquatic Centre (99kWh system)	$68,437 since commission	398t CO2-e
Solar PV installation at the Depot	$116,370 since commission	632t CO2-e

Attachments

1 DRAFT - Strategic Policy - ST148 - Climate Change, D20/61933 ⇩

2 DRAFT - Climate Change Management Plan, D21/3380 ⇩

CONTENTS

CLAUSE PAGE

1....... INTERPRETATION. 3

1.1 Definitions. 3

1.2 Rules for interpreting this agreement 4

2....... FORMATION, OBJECTS AND SERVICES OF THE ALLIANCE. 4

2.1 Formation. 4

2.2 Objects. 4

2.3 Services and functions. 5

2.4 Council obligations in respect of Alliance. 5

2.5 No other restrictions on Council conducting activities. 6

2.6 No partnership, trust, agency etc. 6

2.7 No authority to do anything. 6

2.8 Fiduciary duties. 6

2.9 Separate accounting records. 6

3....... ALLIANCE decisions. 6

3.1 Decisions relating to the Alliance. 6

3.2 Engagement of employees and consultants. 6

4....... Alliance Board. 7

4.1 Membership and functions of Alliance Board. 7

4.2 Council's supervision through Alliance Board. 7

4.3 Powers of a Representative. 7

4.4 How decisions of Alliance Board are made. 7

4.5 Appointment of alternate Representatives. 7

4.6 Appointment of Chairman. 8

4.7 No fees. 8

5....... Meetings of the Alliance Board. 8

5.1 Convening of meetings. 8

5.2 Code of meeting practice. 8

5.3 Quorum and resolutions of Alliance Board. 8

5.4 Voting rights. 9

5.5 Decisions of Alliance Board. 9

5.6 Secretarial functions and minutes. 9

5.7 Delegation of powers by Alliance Board. 10

6....... the ALLIANCE AGENT. 10

6.1 Establishment and governance of the Alliance Agent 10

6.2 Delegation. 11

6.3 Alliance Agent to act as agent of the Councils. 11

6.4 Reimbursement of the Alliance Agent by the Councils. 11

7....... WITHDRAWAL AND TERMINATION. 11

8....... CONFIDENTIALITY AND ANNOUNCEMENTS. 12

8.1 Confidentiality. 12

8.2 Access to information. 12

8.3 Public announcements. 12

9....... AMENDMENT AND ASSIGNMENT. 12

9.1 Amendment to document 12

9.2 Assignment of rights under document 12

10...... GENERAL. 13

10.1 Governing law.. 13

10.2 Operation of this agreement 13

THIS AGREEMENT is made on 2020

BETWEEN:

(1) Blayney Shire Council ABN 47 619 651 511 of Council Chambers, 91 Adelaide Street, Blayney, New South Wales (Blayney)

(2) Cabonne Council ABN 41 992 912 200 of 99-101 Bank Street, Molong, New South Wales (Cabonne)

(3) Orange City Council ABN 85 985 402 386 of Civic Centre, 135 Byng Street, Orange, New South Wales (Orange)

(4) BCO Alliance Limited ABN [ ] of Civic Centre, 135 Byng Street, Orange, New South Wales (the Alliance Agent).

RECITALS:

(A) Blayney, Cabonne and Orange are councils constituted under the Local Government Act 1993 (NSW) in respect of adjoining local government areas.

(B) At duly constituted meetings of their respective governing bodies held in July 2020, each of the Councils resolved to enter into a voluntary strategic alliance.

(C) On 23 September 2020 the Councils signed a memorandum of understanding setting out the basis on which the Alliance was to be formed, operated and governed.

(D) This agreement sets out the terms of the Alliance and the governance framework under which the Alliance Objects will be achieved.

(E) The Councils have established the Alliance Agent for the purposes of acting solely as agent for and delegate of the Councils to facilitate where necessary or convenient the carrying out the Alliance Objects.

THE PARTIES AGREE AS FOLLOWS:

1. INTERPRETATION

1.1 Definitions

The following definitions apply in this agreement.

Act means the Local Government Act 1993 (NSW).

Alliance means the unincorporated alliance between the Councils formed under this agreement for the purpose of carrying out the Alliance Objects.

Alliance Board means the governing board of the Alliance set up under clause 0.

Alliance Objects has the meaning given in clause 0.

Alternate means an alternate Representative appointed under clause 0.

Chairman means the chairman of the Alliance Board appointed under clause 0.

Commencement Date means [31 December 2020?].

Confidential Information means information that:

(a) is made available by or on behalf of the disclosing party to the receiving party, or is otherwise obtained by or on behalf of the receiving party; and

(b) is by its nature confidential or the receiving party knows, or ought to know, is confidential.

Confidential Information may be made available or obtained directly or indirectly and before, on or after the Commencement Date.

Representative in relation to a Council means the persons representing that Council on the Alliance Board and, where applicable, an Alternate.

1.2 Rules for interpreting this agreement

Headings are for convenience only, and do not affect interpretation. The following rules also apply in interpreting this agreement, except where the context makes it clear that a rule is not intended to apply.

(a) A singular word includes the plural, and vice versa.

(b) A word which suggests one gender includes the other genders.

(d) If an example is given of anything (including a right, obligation or concept), such as by saying it includes something else, the example does not limit the scope of that thing.

(e) A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.

2. FORMATION, OBJECTS AND SERVICES OF THE ALLIANCE

2.1 Formation

(a) The Councils form an alliance between themselves on the terms of this agreement with effect from the Commencement Date.

(b) The Alliance shall be known as the BCO Alliance.

(c) The Alliance is an unincorporated voluntary collaborative strategic alliance in the nature of a joint venture formed for the sole purpose of delivering the Alliance Objects.

2.2 Objects

The objects of the Councils in forming the Alliance are to deliver better value services to their respective communities in an open and transparent way by working collaboratively and sharing resources so as to:

(a) achieve cost savings and operational efficiencies in service delivery;

(b) progress strategic regional initiatives;

(d) improve financial performance and long term financial sustainability,

while retaining their own autonomy and independence.

2.3 Services and functions

(a) At the date of this agreement, the intention of the Councils is that the Alliance will deliver services to and perform functions for the Councils in the following areas:

(i) joint tenders and purchasing arrangements;

(ii) open exchange and sharing of technical expertise and information;

(iii) workforce and staff secondment;

(iv) professional development opportunities;

(v) cross border works / roads construction and/or maintenance;

(vi) councillor and staff training and networking;

(vii) review and coordination of strategic documents and instruments;

(viii) sharing of services and plant and equipment;

(ix) strategies for regional economic development;

(x) regional tourism and destination marketing through TDO Limited trading as Orange360;

(xi) coordination of integrated planning and reporting documentation;

(xii) internal audit services;

(xiii) waste collection and disposal;

(xiv) natural resource management;

(xv) disability, cultural and social planning;

(xvi) crown lands and aboriginal heritage; and

(xvii) geographical information systems.

(b) The Alliance may deliver other services and perform other functions to the Councils and others from time to time as decided by the Alliance Board.

2.4 Council obligations in respect of Alliance

Each Council must:

(a) use its best efforts to carry out and achieve the Alliance Objects;

(b) act in good faith in all its activities and dealings with the other Councils in relation to the Alliance;

(d) be prompt in taking any action, giving any approval or consent or making any decision under this agreement.

2.5 No other restrictions on Council conducting activities

Each Council may conduct any other business or activity unless it is specifically restricted or prohibited under this agreement.

2.6 No partnership, trust, agency etc

(a) The relationship between the Councils under this agreement is one of unincorporated voluntary co-venturers and is limited to the Alliance Objects.

(b) Nothing in this agreement creates a partnership relationship between the Councils and a Council must not hold itself out as being a partner of the other Councils.

(c) Except as specifically provided in this agreement or by agreement in writing between the Councils, a Council is not, and must not hold itself out as being, a trustee, agent or representative of any other Council.

(d) The liability of each Council in respect of the Alliance is several and not joint nor joint and several.

2.7 No authority to do anything

Except as specifically authorised by this agreement or by agreement in writing between the Councils, a Council has no authority to do anything on behalf of any other Council, including:

(a) act for or represent any other Council;

(b) assume any obligation or incur any liability on behalf of any other Council; or

2.8 Fiduciary duties

To the extent to which a Council owes a fiduciary duty to any other Council arising out of or in relation to this agreement, it may in the performance of that duty have primary regard to its own community and civic interests.

2.9 Separate accounting records

Each Council is separately responsible for its own accounting records required by law or for its own management purposes.

3. ALLIANCE decisions

3.1 Decisions relating to the Alliance

The parties acknowledge and agree that any decisions which affect the Alliance are matters to be decided by the Alliance Board in accordance with clauses 0 and 0.

3.2 Engagement of employees and consultants

A Council must not, and must ensure that any person who has its written authority does no engage any employee, consultant, manager, adviser or other person in relation to or in connection with the Alliance unless that Council has obtained either the prior written approval of the Alliance Board or the prior written approval of the other Councils.

4. Alliance Board

4.1 Membership and functions of Alliance Board

(a) The Councils must set up and maintain an Alliance Board consisting of:

(i) the mayor and the general manager of Blayney;

(ii) the mayor and the general manager of Cabonne; and

(iii) the mayor and the general manager of Orange.

(b) Subject to clause 0, the Alliance Board has the overall management and control of, and decides on all policy matters for, the Alliance. The Alliance Board's functions include:

(i) establishing policies for the Alliance;

(ii) making key decisions in relation to the Alliance; and

(iii) overseeing the conduct of the Alliance and any agreement entered into by the Alliance Agent as agent for the Alliance.

4.2 Council's supervision through Alliance Board

Each Council must exercise overall supervision and control of all matters relating to the Alliance and, except as otherwise provided in this agreement:

(a) that supervision and control must be exercised through its Representatives on the Alliance Board in accordance with this clause 0; and

(b) a Council must not direct or instruct any person in relation to the Alliance activities, except through the Alliance Board or with the prior authority of the Alliance Board.

4.3 Powers of a Representative

Each Council delegates to its Representatives the power to represent and bind the Council in all matters decided by the Alliance Board within the scope of its functions.

4.4 How decisions of Alliance Board are made

A decision of the Alliance Board is made by passing:

(a) a resolution at an Alliance Board meeting; or

(b) a written resolution,

in accordance with clause 0. A valid decision of the Alliance Board within the scope of its functions is binding on the Councils as if it were a decision made by the Councils

4.5 Appointment of alternate Representatives

(a) A Council may by notice to the other Councils:

(i) appoint a person to act as an alternate representative for a Representative appointed by it for a specified period or each time the Representative is unable to attend an Alliance Board meeting or act as a Representative; and

(ii) revoke the appointment of any Alternate whether or not the appointment is for a specified period.

(b) An Alternate may:

(i) attend any Alliance Board meeting at which the Representative whose alternate they are is not present and vote in place of that Representative at the meeting; and

(ii) exercise all powers of that Representative to the extent that the Representative has not exercised them.

4.6 Appointment of Chairman

The chairman of the Alliance Board shall be the mayor of a Council and shall be appointed for a two year term. The first Chairman to take office on the Commencement Date shall be the mayor of Orange. Thereafter the position of Chairman shall be rotated every two years in alphabetical order of Councils. The chairman does not have an additional or casting vote.

4.7 No fees

The Representatives on the Alliance Board are not entitled to receive any fee for acting as such, but are entitled to have their expenses reimbursed by the Council for which they act as Representative.

5. Meetings of the Alliance Board

5.1 Convening of meetings

(a) A Council's Representative may convene a meeting of the Alliance Board at a reasonable time by giving reasonable notice to the other Representatives, which must be at least 5 Business Days prior written notice of such meeting unless otherwise agreed by the Alliance Board.

(b) The Alliance Board:

(i) must meet at least twice in each financial year;

(ii) may adjourn or otherwise regulate its meetings and proceedings as it thinks fit, subject to compliance with this agreement; and

(iii) may conduct meetings by telephone without a Representative being in the physical presence of another Representative or other Representatives.

5.2 Code of meeting practice

The mandatory provisions of the model code of meeting practice made under section 360 of the Act and the regulations will apply to all meetings of the Alliance Board as if:

(a) the meeting were a meeting of a committee of each Council, all the members of which are councillors; and

(b) the Representatives were councillors of that council.

5.3 Quorum and resolutions of Alliance Board

(a) A quorum for meetings of the Alliance Board is at least one Representative appointed by each Council.

(b) No business is to be transacted at a meeting of the Alliance Board unless a quorum is present when the meeting commences.

(c) If a quorum is not present within 30 minutes after the time appointed for the meeting of the Alliance Board, the meeting will stand adjourned to the same time and place five (5) Business Days after the meeting and notice of such adjourned meeting must be sent to the Councils. If a quorum is not present at the adjourned meeting and the same Council is unrepresented at both the initial and the adjourned meeting, then the quorum shall be at least one Representative of at least 2 Councils.

5.4 Voting rights

(a) If:

(i) all of the Representatives (or Alternates, where applicable) are present at an Alliance Board meeting, then each Representative (or Alternate) is entitled to one vote; and

(ii) only one Representative or Alternate appointed by a Council is present, that Representative has 2 votes.

5.5 Decisions of Alliance Board

Decisions of the Alliance Board must be by the affirmative unanimous vote of the Representatives present and entitled to vote at a duly convened meeting of the Alliance Board at which a quorum is present.

5.6 Secretarial functions and minutes

(a) The general manager of the Council whose mayor is acting as Chairman of the Alliance Board must:

(i) act as the Alliance Board's secretary;

(ii) cause copies of all material relating to matters to be dealt with at Alliance Board meetings to be circulated to the Councils and the Representatives at a reasonable time before any meeting;

(iii) cause minutes to be made of all decisions of and proceedings at meetings of the Alliance Board; and

(iv) provide copies of all minutes to each of the Councils and the Representatives within 7 days of any meeting or decision.

(b) If, within 7 days of the date on which the minutes of a meeting are provided to the Councils and the Representatives, the secretary of the Alliance Board does not receive a written notice from a Council or a Representative objecting to the minutes or any part of the minutes together with grounds for the objection, the minutes are taken to have been approved by the Councils and the Representatives.

(c) If a Council or Representative makes a material objection to the minutes in accordance with paragraph 0 the secretary must promptly convene a meeting of the Alliance Board to resolve the objection.

(d) The Councils agree that copies of the approved minutes of meetings of the Alliance Board, with the exception of any part which is commercial in confidence, will be tabled for noting by their respective governing bodies and included in the business papers for the next ordinary meeting of the Council.

5.7 Delegation of powers by Alliance Board

(a) The Alliance Board may delegate in writing any of its powers and authorities in relation to the day‑to‑day operations of the Alliance which it considers appropriate, on the following conditions:

(i) the delegation is to be on the terms specified in writing by the Alliance Board;

(ii) the Alliance Board must specify the delegated powers and authorities; and

(iii) the delegate must ensure that regular and accurate reports are provided to the Alliance Board concerning the functions carried out by the delegate.

6. the ALLIANCE AGENT

6.1 Establishment and governance of the Alliance Agent

(a) The Alliance Agent has been established by the Councils as a company limited by guarantee for the purpose of acting solely as agent for and on behalf of the Councils for the purpose of the Alliance where it is necessary or convenient to do so.

(b) The Alliance Agent may only deliver services or perform functions in its own right if:

(i) a business case for the delivery of those services or the performance of those functions has been approved by the Alliance Board; and

(ii) the decision is ratified by the governing body of each of the Councils.

(d) Each of the Councils are entitled to appoint one director to the board of directors of the Alliance Agent.

(e) Each Council may:

(i) remove or replace the director appointed by it;

(ii) appoint and maintain an alternate for any director appointed by it,

by notice in writing to the other Councils, with such removal or appointment taking effect on the date on which the notice is received by the Councils or, if a later date is given in the notice, on that date. An alternate director may exercise all the powers of the director whose alternate he or she is to the extent that the director has not exercised them.

(f) The directors of the Alliance Agent are not entitled to receive any fee for acting as such.

(g) The Council removing a director shall indemnify and keep indemnified the Alliance Agent against any claim connected with the director's removal from office.

(h) Each Council agrees to take any steps within its power which are necessary to procure that the board of directors of the Alliance Agent as soon as practicable after the date of this agreement adopts a constitution which is consistent with this agreement and regulates the rights, duties and obligations of the board of directors and members of the Alliance Agent and procedures and voting at directors’ meetings so as to in substance reflect the corresponding provisions relating to the Alliance Board.

6.2 Delegation

(a) Each Council delegates to the Alliance Agent the performance of the functions of the Council in so far as they relate to carrying out the Alliance Objectives and in particular, without limitation, the functions of:

(i) calling for, assessing and accepting tenders for the procurement of goods and services and appointing suppliers and contractors;

(ii) applying for and receiving grants;

(iii) holding title to any property, plant and equipment or other assets;

(iv) lobbying State and Federal governments;

(v) entering into contracts with third parties including contracts of employment: and

(vi) any other function directed and authorised by the Alliance Board for the purpose of the Alliance.

in each case subject to any limitations imposed under the Act and regulations and the policies and procedures adopted from time to time by the Alliance Board.

(b) This delegation operates concurrently with any delegation given by a Council in respect of the same subject matter and not to the exclusion of any such delegation.

6.3 Alliance Agent to act as agent of the Councils

Subject to clause 0, in exercising the functions delegated to it under this agreement, the Alliance Agent is acting as agent, nominee and delegate for and on behalf of the Councils and not acting in its own or any personal capacity.

6.4 Reimbursement of the Alliance Agent by the Councils.

Each Council must reimburse the Alliance Agent in equal shares to the extent that it incurs any costs in relation to the Alliance.

7. WITHDRAWAL AND TERMINATION

(a) Any Council may withdraw from the Alliance on giving at least 6 months’ notice in writing to the other Councils, expiring on 30 June in any financial year.

(b) The Alliance (including the rights and obligations under this agreement) terminates on the earliest of:

(i) any date the Councils agree in writing; and

(ii) the first day on which there is only one Council in the Alliance.

(c) On the date of termination, this agreement is at an end as to its future operation and no party is liable to any other party, except to the extent of any rights or obligations which arise on or have arisen before the termination.

8. CONFIDENTIALITY AND ANNOUNCEMENTS

8.1 Confidentiality

Each Council agrees that it must not disclose any Confidential Information:

(a) in relation to the Alliance; or

(b) in relation to any other Council acquired for the purpose of the Alliance,

to any third party without the prior written consent of the other Councils except to the extent:

(d) that the information is required to be disclosed by law; or

(e) that the information is disclosed in confidence by a Council to its councillors for the purpose of carrying out their civic duties and statutory responsibilities.

8.2 Access to information

All information held by the Alliance Agent:

(a) is held as agent for, and accordingly taken to be held by, each of the Councils;

(b) to the extent that it is government information within the meaning of the Government Information (Public Access) Act 2009 (NSW) is subject to disclosure to and access by the public in accordance with that Act.

8.3 P ublic announcements

All press releases and other public announcements relating to the Alliance and activities undertaken by the Alliance must be in terms agreed in writing by the Councils acting reasonably.

9. AMENDMENT AND ASSIGNMENT

9.1 Amendment to document

This agreement can only be amended or replaced by another document executed by the Councils.

9.2 Assignment of rights under document

A Council may only assign, encumber, declare a trust over or otherwise deal with its rights under this agreement if:

(a) it is permitted under another clause of this agreement; or

(b) the other Councils consent to it in writing (in their absolute discretion).

10. GENERAL

10.1 Governing law

(a) This agreement and any dispute arising out of or in connection with this agreement is governed by the laws of the State of New South Wales.

(b) Each party submits to the exclusive jurisdiction of the courts of the State of New South Wales and courts of appeal from them, in respect of any proceedings arising out of or in connection with this agreement.

10.2 Operation of this agreement

(a) Subject to paragraph 0, this agreement contain the entire agreement between the Councils about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this agreement and has no further effect.

(b) Any right that a person may have under this agreement is in addition to, and does not replace or limit, any other right that the person may have.

(c) Any provision of this agreement which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this agreement enforceable, unless this would materially change the intended effect of this agreement.

EXECUTED as an agreement.

executed by BLAYNEY SHIRE COUNCIL:

Signature of Mayor		Signature of general manager

Name		Name

executed by cabonne council:

Signature of Mayor		Signature of general manager

Name		Name

executed by orange city council:

Signature of Mayor		Signature of general manager

Name		Name

executed by bco alliance ltd:

Signature of director		Signature of director/secretary

Name		Name

Council Meeting 2 February 2021

5.3 Event Application - Our Friends Electric - Support Small Business With Afterpay Activation

RECORD NUMBER: 2021/36

AUTHOR: Sharon D'Elboux, Manager Business Development

EXECUTIVE Summary

At its meeting of 1 September 2020, Council resolved (20/290) to temporarily modify Strategic Policy - ST142 - Events on Council Owned/Managed Land so that events hosted by external event organisers (i.e. from outside the Orange Region) or contentious local events to be determined by a report submitted to Council while current COVID-19 restrictions are in place.

Council has received an event application by Our Friends Electric to host an event in February 2021. This business is registered outside of the Orange Local Government Area. The proposed event is titled “Support Small Business with Afterpay” for the 13 -14 February 2021 at Robertson Park. This is a follow on event from Friday 12 February Afterpay Business Breakfast at the Orange Ex Services Club.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “11.2 Prosper - Develop and attract a variety of events, festivals, venues and activities for locals and visitors, ensuring accessibility for all”.

Financial Implications

Council will not receive hire fees if the event does not go ahead. This will have negligible impact on the overall budget.

Policy and Governance Implications

Council's Strategic Policy - ST142 - Events on Council Owned and/or Managed Land Policy and its related Event Application documents are used to assess applications for Event approval.

A temporary change to Council’s Strategic Policy – ST142 was endorsed at Councils 1 September meeting. Council is now required to see external event applications to determine their approval. This modification is only expected to last while Public Health Orders for Covid19 remain in place regarding attendance at events.

Recommendation

That Council approve the application for Support Small Business with Afterpay hosted by Our Friends Electric, at Robertson Park on 13 & 14 February 2021 due to no active COVID cases in the Orange community.

further considerations

Service Delivery	Temporary modification for Strategic Policy - ST142 - Events on Council Owned/Managed Land during the COVID-19 restrictions is now in place.
Image and Reputation	There has been some pressure on Council from social media and other sources to not have events that allow people from other locations to attend.
Political	As the Councillors are able to vary policy regarding events and staff are not, the temporary modification to the Strategic Policy - ST142 - Events on Council Owned/Managed Land will allow Councillors to make a decision based on the NSW Health Orders for COVID-19.
Health and Safety	All events are analysed for risk measures and in particular a COVID Action Plan.

SUPPORTING INFORMATION

In determining approval for an event during COVID restrictions, staff must first apply the NSW Public Health Order that exists at the time. This Health Order is applied to all events, whether held by local organisers or not.

Information regarding events under the NSW Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No 7) 2020 is summarised below, including a definition of the permissible activities for Outdoor Public Gatherings:

29 (1) The Minister directs that a person must not participate in an outdoor public gathering of more than—

(a) for a gathering in Greater Sydney—30 persons, or

(b) for a gathering outside Greater Sydney 100 persons.

29 (4c) the person who is principally responsible for organising the gathering—

(i) has and complies with a COVID-19 Safety Plan that addresses the matters required by the approved COVID-19 safety checklist set out opposite the type of event in column 3 of Schedule 1 as in force for the time being, and

(ii) keeps a copy of the COVID-19 Safety Plan while the gathering occurs at the place the gathering is held or begins and makes it available

Support Small Business with Afterpay is a promotional event being held to raise awareness of Afterpay service in the Orange community. A three day events is planned, with a business breakfast organised for Friday 12 February. A 45 minute information session is being held at the Orange Ex Services Club for local business to learn more about this financial product and how it works for small business. This event is supported by the Orange Business Chamber and Central NSW Biz HQ. Both will be providing a short presentation at the event. Council is providing information on the latest Spendmapp data which the Orange Business Chamber will present. Case studies of existing Orange businesses who have Afterpay as a payment option already in place will also be present at the event. As local businesses adapt and pivot to the impact of COVID-19, businesses are considering the types of payment systems to have in place to meet the expectation of their customers.

Letters of support are attached to this report from the Orange Business Chamber and Central NSW Biz HQ.

On Saturday 12 and Sunday 13 February 2021 (please note the date listed in the redacted event application form attached is incorrect), a daily 2 to 5 hour consumer activation is proposed to be held outdoors at Robertson Park. This activation will include “special activation offers” to generate income and promotion of local businesses who are register with the Afterpay service. A free scoop of ice cream from Messina is also available. The Support Small Business with Afterpay event will include 6 staff members. Council has been informed all staff members are not residing in or visited a hotspot area in Sydney. The anticipated event size is small, with distancing markers being used, plus the implementation of their COVID-19 safe plan and NSW Government QR code. It is being held at a spacious outdoor venue with unlimited air circulation. In the event of bad weather, the event will be shut down and cancelled.

This event is identified under the Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No 7) 2020 as a public outdoor gathering with up to 100 people permitted with social distancing and good hand hygiene. Those interested in attending the event will be community members of Orange and it is unlikely to attract people from outside the area.

As listed in Our Friends Electric COVID-19 Safety Plan, dated December 2020,
“Entire event will be fenced with single entry and single exit point. These will be manned by staff. A COVID QR Code and record keeping system will also implemented at the entry point.”

Our Friends Electric have complied with the NSW Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No 7) 2020.

At Councils 15 December meeting, a proposal from Ace Attractions Pty Ltd was approved. This event is being held at the Orange Showground on 6 & 7 and 13 & 14 February 2021.

Attachments

1 Event Sponsorship Application Form - Our Friends Electric - Redacted, D21/2851 ⇩

2 Mayoral Correspondence - Letter of Support - Afterpay in Orange Community - Orange Business Chamber - Redacted, D21/2878 ⇩

3 Mayoral Correspondence - Letter of Support - Afterpay in Orange Community - Central NSW Business HQ - Redacted, D21/2881 ⇩