Ordinary Council Meeting
Agenda
6 July 2021
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 on Tuesday, 6 July 2021 commencing at 7.00pm.
David Waddell
Chief Executive Officer
For apologies please contact Administration on 6393 8218.
Council Meeting 6 July 2021
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.
1.1 Apologies and Leave of Absence
1.2 Livestreaming and Recording
1.3 Acknowledgement of Country
COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE OPEN FORUM
COUNCIL MEETING RESUMES
2.1 Central NSW JO Board Meeting - 03 June 2021
3 Confirmation of Minutes of Previous Meeting
3.1 Minutes of the Ordinary Meeting of Orange City Council held on 15 June 2021
3.2 Minutes of the Extraordinary Meeting of Orange City Council held on 28 June 2021
COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE POLICY COMMITTEES
4 Notices of Motion/Notices of Rescission
5.1 Central West Region Collaborative for the Prevention of Abuse of Older People
5.2 Code of Conduct Reporting - Reporting Comparison Over Council Terms
5.3 Event Approval Process - COVID 19 Restrictions
5.4 Orange Regional Destination Management Plan
5.5 Road Closure Application - Part Wellwood Road
5.6 Lease Endeavour Oval to Emus Rugby Club
5.7 Classification of Land Lot 60 DP 1274510 7 Mountain Vista Way
6 Closed Meeting - See Closed Agenda
6.1 Sale 1 Summer and 160 Woodward Street Orange
6.2 Tenders for the Supply of Roadbase and other Quarry Products
7 Resolutions from closed meeting
1 Introduction
1.1 Apologies and Leave of Absence
1.2 Livestreaming and Recording
This Council Meeting is being livestreamed and recorded. By speaking at the Council Meeting you agree to being livestreamed and recorded. Please ensure that if and when you speak at this Council Meeting that you ensure you are respectful to others and use appropriate language at all times. Orange City Council accepts no liability for any defamatory or offensive remarks or gestures made during the course of this Council Meeting. A recording will be made for administrative purposes and will be available to Councillors.
1.3 Acknowledgement of Country
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.
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2.1 Central NSW JO Board Meeting - 03 June 2021
RECORD NUMBER: 2021/1324
Mayoral Minute
The CEO and I attended the Central NSW Joint Organisation Board meeting on Thursday 11 March 2021 in Blayney. This Mayoral Minute provides a summary of that meeting and attaches minutes for your information.
That the information contained in this Mayoral Minute be acknowledged. |
Reg
Kidd
Mayor
SUPPORTING INFORMATION
The CEO and I attended the Central NSW Joint Organisation Board meeting on Thursday 3 June 2021 at Orange, CSU Campus.
In 2020 the Board agreed to provide sponsorship to CSU for 5 years to the value of $75,000. The scholarship is for Medical Students from our 10 LGAs. The Board were given the opportunity to meet the 3 successful students who showed their appreciation for the opportunity the scholarship has provided them.
Please find draft minutes attached.
Presentations to the Board included:
1. RDA Central West on the TEN4TEN Training program and toolbox
Please see attached the full guide.
Priority One - Inter-council cooperation
The Financial Budget and Statement of Revenue Policy 2021-2022 was endorsed by the Board.
It will run at loss of a $35K for the coming financial year. The Board resolved in March that this be the last year a budgetary loss be entertained as surplus funds available to be carried over each year are being exhausted.
Invoices for membership will be sent to Councils in early July.
Regional Procurement and Contracts
As per the JO procurement policy, the Board approved the following:
· conduct a new procurement process for line-marking services to commence December 2021;
· an extension of the bulk fuel contract for a period of 12 months to 30 June 2022;
· a 3-month extension of the Best Practice in Aggregated Procurement Program – Stages 2 to 6 contract with Western Research Institute until 30 September 2021;
· an extension of the contract with Evenergi for the EV Charging Infrastructure Mapping project.
It was noted that the income derivation models for JO procurement is being investigated through Stage 3 of the Best Practice in Aggregated Procurement (BPAP) Project. The policy position of November 2019, that income models for procurement would remain as is until the BPAP project is finalised, was reiterated.
DPIE Energy Project
The Board adopted the Regional Electric Vehicle Charging Infrastructure report, it will be used in funding opportunities to support the growth of EVs and EV charging infrastructure in the region, including for tourism.
Based on feedback from members, there are concerns around grid capacity across the region. An application to ‘RACE for 2030’ is being progressed through Simon Wright for a research project on the nexus between renewable energy and grid capacity and stability. This work was identified through a discussion with Weddin Shire Council, however, will be a region-wide application. It is not anticipated that this work will require co-funding, however if a contribution is made it is anticipated this may be funded out of CNSWJO reserves.
Evenergi was engaged by CNSWJO on behalf of members to complete a regional Electric Vehicle Charging Infrastructure project.
There were a number of key findings in the report, including:
1. 2020 represents a turning point in the EV market in Australia and particularly in NSW.
2. While there is planned infrastructure coming into the region, there will be “blackspots”.
3. Although consumers will accept paying for fast charging, most blackspot sites will not have a commercial return.
4. There is a once in a generation opportunity to ensure that the Central NSW region has stronger coverage than other regional areas.
5. It is critical that councils become clear on how they want to participate in the charging infrastructure value chain and become grant ready.
6. Selecting sites has become a well understood process, but securing sites is harder
7. Installation and operations of charging infrastructure is also well understood and low technical risk.
8. The key risk is ensuring there is sufficient power on a site and dealing with the local electricity distribution business is a critical part of the electric vehicle charging ecosystem.
9. Charging sites are best located in townships that serve as regional nodes for tourism, commerce and regional populations.
10. CNSWJO should advocate for prioritisation of regional infrastructure and linkages to tourism co-benefits.
11. Councils will be most effective in stimulating private investment if they provide high quality and transparent information, streamline planning processes, and offer site leases at nominal or no cost where appropriate.
These findings are detailed in the report which forms an attachment.
There are 7 recommendations in the report, including:
1. CNSWJO support private sector operators for sites that can be monetised, but consider becoming the lead proponents for providing “blackspot” charging infrastructure in the region.
2. Focus efforts on being grant ready.
3. Focus on ARENA and NSW Government funding rounds. Continue to advocate with NSW Government and ARENA to position for this funding.
4. Present findings from this document to internal stakeholders to get buy-in.
5. Explore synergistic opportunities around council fleet electrification and freight electrification.
6. Collaboration on infrastructure projects in the region is more efficient than going it alone.
7. Communications and marketing opportunities.
In addition to the regional report, each Council will receive a summary report that they may choose to include in a report to Council, or alternatively to MANEX. A proforma report to Council will be provided in due course should councils wish to use it.
Southern Lights
The Southern Lights project continues to move forward, albeit slowly. Essential Energy has provided the following update of the LED rollouts (as at 25 March 2021):
A total of 100,000 lights across the entire Essential Energy footprint have now been installed.
At the March Board meeting, it was resolved to undertake an audit of the LED upgrade. Proposals for this work have been sought and work will commence in the coming weeks. CNSWJO will fund the audit using surplus Southern Lights funds from the OLG Capacity Building funding. It is anticipated that the audit will produce a document that can be used by other councils in future to conduct their own audit.
Electricity Procurement
The process of procuring electricity for a number of councils concurrently is complex and time-consuming. Expert advice and input are required from a consultant who specialises in the energy market, along with key stakeholders from member councils.
In the past few years there has been growing interest from members in incorporating renewable energy into the contract where until now it has only been regular grid power. While the 2019 process sought a minimum of 20% of the total load from renewable sources, GMAC resolved at its April 2021 meeting that this upcoming procurement process increase the request to a minimum of 50% renewable energy on the basis that there is a strong focus on renewable energy opportunities from member councils.
Priority Two: Regional Prosperity
Visitor Economy Strategy
Where all the actions will be considered when the JO reviews its strategic plan, the suggested priority programming within existing resource is in line with the heads of consideration of:
· Optimising the value to members through aggregation, the PR and social media campaigns.
· Retain the value of the regional tourism networks at both the strategic and operational levels.
· Leveraging the role of the Joint Organisation in intergovernmental collaboration including between members, prioritisation and advocacy; and
· Existing resourcing.
To enable the leveraging of member and the Central NSW JO marketing budgets it is anticipated that the JO have an application ready approach to funding with members contribution enabled by the policy resolve as recommended.
4. develop policy that allows for the JO to apply for competitive funding where there is an established regional marketing priority.
Skills, Workforce and Housing Report
All members are reporting challenges with skills shortages and housing. This matter was raised at the recent Board meeting. There is a great deal of activity going on in addressing both the skills/workforce and housing shortages and this report seeks to provide advice on various initiatives in what is a fragmented response.
While Skills is not the business of Local Government it is the role of State and Federal Government, a report was provided in the context of what the Board could do in the context of its role.
Follow-up is being undertaken with members regarding case study material.
Priority Three: Regional Transport and Infrastructure
Progressing a safe swift link between Western Sydney and Central NSW
A new approach of speaking to all Western Sydney Councils separately is now underway. This includes conversations with the Blue Mountains regarding their recent decisions to seek longer tunnels under their communities. Media support has been provided for extended tunnels on the western side of the escarpment. Please find attached.
The region is now working with the Western Sydney Dialogue to progress broader support for a safe swift link connecting the Two Wests.
Priority Four: Regional Water Security
Water update
The Board was briefed on the huge amount of complex, strategic work underway at the State and Federal level that has implications for the management of water by Local Government in regional NSW and of efforts by the CNSWJO to partner in what needs to be a whole-of-government approach.
Given the two-year timeframe, work by the Town Water Risk Reduction Program (TWRRP) team is moving quickly, the challenge being to ensure that the pace doesn’t compromise the level of engagement and commitment to a true partnership approach and, most importantly, to new ways of working.
To date the TWRRP Stakeholder Advisory Panel members representing LWUs have had some success in addressing concerns around the existing paternalistic approach to regulation and a lack of acknowledgement of the wealth of expertise within councils in managing town water supplies.
Integrated Water Cycle Management Planning
Advocacy continues by the JO to be involved in piloting a better approach to Integrated Water Cycle Management Plans. See details under Late Report below.
Wyangala Dam Wall Project
Where WaterNSW are running community engagement sessions throughout April and May across the region (emails regarding these have been circulated to members), feedback is that those attending are mostly opposed to the project. They are seeking assistance to ensure a more balanced representation from project supporters.
CNSWJO members are encouraged to send representation to Wyangala Dam wall project sessions where possible.
Submissions
Recent submissions have been made in response to the request for input to the Productivity Commission’s National Water Reform inquiry and to the State Water Strategy. All submissions are 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
Late Report - Regional Water, TWRRP & IWCM
There was discussion on the opportunity to co-design components of the new framework for Integrated Water Cycle Management (IWCM) strategies in partnership with the Town Water Risk Reduction Program team. Expressions of interest to volunteer to co-design have been requested by 30 June 2021.
At the same time, the Blayney, Cabonne, Orange (BCO) Alliance with Central Tablelands Water want to submit an Expression of Interest to the Safe and Secure Water Program (stream 2) for 75% funding to undertake a Regional Town Water Strategy for their sub-region. DPIE Water have indicated that this could be done through the Safe and Secure Water Program stream 2 that invites JOs to apply for funding to develop Regional Town Water Strategies. DPIE Water require the support of the JO for this sub-regional approach which could inform the co-design of components of the IWCM framework specifically testing cross catchment water sharing arrangements.
The Board endorsed the JO submitting an Expression of Interest to co-design components of the IWCM framework and support for the submission of an Expression of Interest by the BCO Alliance with CTW for funding under the Safe and Secure Water Program stream 2 for a Regional Town Water Strategy.
Other matters
The Mayors of the region expressed their disappointment at the low level of engagement during the Joint Organisation review by the Office of Local Government and will advocate accordingly. They have decided to conduct their own review and a survey is being developed.
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.
Although the JO is not required to prepare an end of term report. A summary has been drafted and will be provided to Councils as advice for members preparing their end of term reports.
This will include feedback from a survey members will be asked to complete to give direction to the next term.
VALUE FOR MEMBERS 2020/2021 |
PREVIOUS FY 2019/2020 |
ACTIVITY FYTD |
SUBMISSIONS |
20 |
23 |
PLANS, STRATEGIES AND COLLATERAL |
26 |
12 |
GRANTS |
3 |
3 |
COMPLIANCE |
13 |
9 |
DATA |
6 |
3 |
PR VALUE OF TOURISM COLLABORATION |
$1.5m |
TBC |
MEDIA INCLUDING SOCIAL MEDIA |
13 |
18 |
COST SAVINGS |
$1.87m |
$1.3m |
REPRESENTATION |
147 |
187 |
OPPORTUNITIES COUNCILS HAVE BEEN AFFORDED |
35 |
95 |
Savings
The following table shows the savings achieved by member councils through aggregated procurement and programming. An explanation of the meaning of each column has been reported previously and is available on request. The table reflects savings in the 20/21 financial year up to 31 March 2021.
The cost to members is calculated on a percentage of each CNSWJO staff member and their corresponding workload on procurement and contract management. This figure is updated quarterly in line with the cost savings.
Regional Submissions
Members have forwarded requests for the JO to lodge submissions, where all advice provided is within existing policy. All are available on the CNSWJO website at https://www.centraljo.nsw.gov.au/submissions/
The Board endorsed the following submissions
2. to DPIE on enabling agritourism;
3. to the Draft State Water Strategy; and
4. to the Productivity Commission’s Draft Report on National Water Reform.
Our next Board meeting will be the 12th of August at Parliament House, with support from Steph Cookes Office, the local member for Cootamundra.
1 Draft Ten4Ten Guide for Local Government, D21/35523⇩
2 CNSW JO Board Minutes - 3 June 2021, D21/35506⇩
Attachment 2 CNSW JO Board Minutes - 3 June 2021
Draft Minutes of the CNSWJO Board Meeting 3 June 2021, held at Orange CSU Campus.
In Attendance
Cr S Ferguson |
Blayney Shire Council |
Cr K Sajowitz |
Oberon Council |
Cr K Beatty |
Cabonne Council |
Cr R Kidd |
Orange City Council |
Cr J Smith |
Cowra Shire Councill |
Cr M Liebich |
Weddin Shire Council |
Cr J Medcalf OAM |
Lachlan Shire Council |
Cr K Keith OAM |
Parkes Shire Council |
Mr D Sherley |
Bathurst Regional Council |
Mr G Carroll |
Weddin Shire Council |
Ms R Ryan |
Blayney Shire Council |
Cr D Somervaille |
CTW |
Mr B Byrnes |
Cabonne Council |
Mr G Rhodes |
CTW |
Mr P Devery |
Cowra Shire Council |
Mr S Harma |
RDACW |
Mr G Tory |
Lachlan Shire Council |
Ms J Bennett |
CNSWJO |
Mr G Wallace |
Oberon Council |
Ms M Macpherson |
CNSWJO |
Mr D Waddell |
Orange City Council |
Ms K Barker |
CNSWJO |
Mr K Boyd |
Parkes Shire Council |
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Meeting opened at 10.11am
1. Welcome from Cr Reg Kidd, Mayor of Orange City Council
2. Welcome to CSU from Julia Andrews, Director External Engagement, Bathurst & Orange Office of Industry & Community Engagement, Charles Sturt University
3. Acknowledgement to Country and Welcome from the Chair, Cr John Medcalf OAM.
4. Apologies applications for a leave of absence by Joint Voting representatives
Cr B West, Cr P Miller, Cr B Bourke, Mr S Loane, Cr R Fagan, Ms G Collins, Representatives of Regis Resources
Resolved Cr K Keith/Mr M Liebich |
That the apologies for the Central NSW Joint Organisation Board meeting 3 June 2021 listed above be accepted. |
5. Speakers
Sam Harma – TEN4TEN Training program and toolbox
6. Minutes
Confirmation of the Minutes of the Central NSW Joint Organisation meeting 29 April 2021 held via zoom
Resolved Cr R Kidd/Cr K Sajowitz |
That the Central NSW Joint Organisation Board confirm the Minutes of the meeting 29 April 2021 held via zoom. |
7. Business Arising from the Minutes – Matters in Progress
Resolved Cr R Kidd/Cr K Keith |
That the Central NSW Joint Organisation Board note the Matters in Progress, making deletions as suggested and note the Chairs request to give consideration to progressing relationships with Western Sydney Councils through friendship arrangements and the like. |
8. Disclosures of interests – Nil
9. Chair’s Minute – Nil
10. Reports on Statement of Regional Strategic Priority
Priority One: Inter-Council Co-operation
a. Financial Report
Resolved Cr M Liebich/Cr K Sajowitz |
That the Board note the Financial Report. |
b. Budget and Statement of Revenue Policy 2021-2022
Resolved Cr K Sajowitz/Cr K Keith |
That the Board note the Report on the Budget and Statement of Revenue Policy 2021/2022 and endorse the 2021/2022 Budget and Statement of Revenue Policy. |
c. Regional Procurement and Contracts
Resolved Cr M Liebich/Cr J Smith |
That the Board notes the report on Regional Procurement and Contracts and 1. approves the JO to conduct a new procurement process for linemarking services to commence on or after 1 December 2021; 2. note that the income derivation models for JO procurement is being investigated through Stage 3 of the BPAP Project; 3. reiterate the policy position of November 2019 being that income models for procurement would remain as is until the BPAP project is finalised; 4. receive a report on heads of consideration for income from procurement to the next Board meeting noting the project is planned to be completed at this time; 5. approves the extension of the bulk fuel contract for a period of 12 months to 30 June 2022 noting the contracts are with individual councils; 6. approves a 3-month extension of the Best Practice in Aggregated Procurement Program – Stages 2 to 6 contract with Western Research Institute until 30 September 2021; 7. note the extension of the contract with Evenergi for the EV Charging Infrastructure Mapping project; 8. note members’ advice that there is insufficient interest for a new regional coldmix contract; and 9. A contract management fee of 2% payable by supplier/s for the line marking contract. |
d. Energy Program
Resolved Cr K Beatty/Cr R Kidd |
That the Board notes the report on the Energy Program and 1. note that the advice within the EV Charging Infrastructure report on the AREMI mapping is being progressed through the DPIE energy program with a research project being sought through RACE for 2030 with a focus on the nexus between renewable energy and grid capacity and stability; 2. note that work is progressing on the streetlight audit; 3. adopt the Regional Electric Vehicle Charging Infrastructure report; 4. note the Regional EV Charging Infrastructure report will be used in funding opportunities to support the growth of EVs and EV charging infrastructure in the region, including for tourism; and 5. invite Essential Energy to come and present to the Board on the LED street lighting upgrade. |
e. Electricity Procurement
Resolved Cr J Smith/Cr M Liebich |
That the Board note the report on electricity procurement and 1. note that an up-front fee structure for the aggregated electricity procurement support will be used, with councils paying a minimum of 50%; 2. note the funding of $50k allocated from DPIE including the funding conditions where the procurement process for electricity supply must include a renewable energy PPA and the balance be paid by participating member councils; 3. write to the Minister for Local Government seeking amendments to legislation to allow councils to have more options for the uptake of renewable energy and advocate through appropriate networks including the County Mayors Association LGNSW and NSW JO Chairs Forums; 4. note the minimum percentage of participating councils’ total load to allocate to be sourced from renewable energy in the contract commencing 1 January 2023 be a minimum of 50%, subject to pricing; 5. not invite non-member councils to participate in the procurement process; and 6. note that Councils are receiving reports to give consideration to the electricity procurement process. |
Priority Two: Regional Prosperity
f. Visitor Economy Strategy
Resolved Cr K Keith/Cr J Smith |
That the Board note the Report on the Visitor Economy Strategy; and 1. note that existing resource can support only some of the recommendations in the Strategy; 2. provide advice to the regional Prosperity Subcommittee on the action list seeking feedback on potential funding or other support for their delivery; 3. include those actions able to be delivered within resource in the CNSWJO strategy with quarterly review on progress; 4. develop policy that allows for the JO to apply for competitive funding where there is an established regional marketing priority, this to include in the context of the objectives of the JO; and 5. Receive a report to the next Board meeting on priorities to progress for the next 12 Months. |
g. Skills, Workforce and Housing Report
Resolved Cr K Keith/Cr S Ferguson |
That the Board note the Report on the Visitor Economy Strategy; and 1. provide advocacy support to Business NSW in its efforts on skilled migration; 2. commend to members they proactively take up opportunities as identified in the report 3. further investigate the opportunity for spare capacity projects like that in Lachlan; 4. note that the position paper on skills is under development; 5. co-develop a paper with RDACW informed by members for briefing Ministers at the next Board meeting; and 6. Invite the relevant Ministers for Skills and Housing to the next meeting. |
Priority Three: Regional Transport and Infrastructure
h. Progressing a Western Link Event
Resolved Cr M Liebich/Cr K Sajowitz |
That the Board note the report on progressing the resolve of the Board regarding connecting the two Wests and 1. seek to cancel with the concurrence of Penrith City Council the 8 June event; 2. meet with Blue Mountains City Council, Penrith City Council and other Western Sydney Councils individually on potential opportunities; and 3. endorse the $12.5k expenditure for the Partnership Proposal with the Western Sydney Dialogue. |
Priority Four: Regional Water Security
i. Water Update
Resolved Cr K Sajowitz/Cr J Smith |
That the Board note the Regional Water report; and 1. Endorse the CNSWJO submission to the Draft State Water Strategy; 2. Endorse the Case Study for inclusion in the Infrastructure Australia Water Chapter for the Australian Infrastructure Plan; 3. Endorse the submission to the Productivity Commission’s Draft Report on National Water Reform; 4. Encourage members to send representation to Wyangala Dam wall project sessions where possible; and |
11. Report to the Central NSW JO Strategic Plan and Statement of Regional Strategic Priority 2019/2020
Resolved Cr R Kidd/Cr K Keith |
That the Board note the Report to the Central NSW JO Strategic Plan and Statement of Regional Strategic Priority and 1. advocate noting our disappointment in the review process including engagement with every Mayor and the unfortunate timing at the end of council term; 2. endorse the submission to DPIE on enabling agritourism; 3. note the advice from the OLG regarding the caretaker period; and 4. receive an end of term report and include the risks, challenges and delivery against the objectives, this to include a survey with feedback from members. |
12. Late report - Regional Water Security IWCM & TWRRP
That the Board
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Amendment
Moved Cr J Smith /
That the Board
1. submit an Expression of Interest in response to an invitation from the Town Water Risk Reduction Program to work with DPIE Water to co-design a more efficient and cost effective Integrated Water Cycle Management Framework that is proportionate, adaptable, fit-for-purpose and that provides value to Local Water Utilities, all levels of Government and customers.
2. Acknowledge the request from the Blayney/Cabonne /Orange Alliance with Central Tablelands Water for in principle support for submission of an Expression of Interest by the Blayney/Cabonne /Orange Alliance with Central Tablelands Water to the Safe and Secure Water Program (stream 2) for funding under the Regional Town Water Strategy stream; and
a. Acknowledge the water security challenges of Cabonne Shire Council.
b. Prior to any commitment by the Board:
i. Request advice on the scope of work be circulated to JO members.
ii. That the Blayney/Cabonne/Orange Alliance with Central Tablelands Water seek concurrence from their member Councils; and
iii. that the JO Board meet via zoom as soon as possible to give further consideration.
The amendment lapsed for want of a seconder
Resolved Cr K Beatty/Cr K Keith |
That the Board: 1. submit an Expression of Interest in response to an invitation from the Town Water Risk Reduction Program to work with DPIE Water to co-design a more efficient and cost effective Integrated Water Cycle Management Framework that is proportionate, adaptable, fit-for-purpose and that provides value to Local Water Utilities, all levels of Government and customers. 2. Support the submission of an Expression of Interest by the Blayney/Cabonne /Orange Alliance with Central Tablelands Water to the Safe and Secure Water Program (stream 2) for funding under the Regional Town Water Strategy stream. |
13. Notices of motions/Questions with notice
· Orange has sought feedback on the status of the business case for the very fast rail being developed by the federal Govt. RDACW have been monitoring and will provide advice.
· The Chair congratulated Oberon, Orange and Blayney for their recent success in the recent NSW Top Tourism Awards.
14. Speakers to next meeting
This will be a meeting at Parliament House Sydney, at the Chairs request there will be a function the night before celebrating the end of term.
Regis Resources - Tony McPaul, Manager Special Projects, last minute apology to this meeting, will be given an opportunity to come to a future meeting.
15. Next meeting
GMAC - 29 July - Orange
Board – 12 August Parliament House (State)
Meeting close 12.27pm
Page 5 is the last page of the Central NSW Joint Organisation meeting 3 June 2021
3 Confirmation of Minutes of Previous Meeting
RECOMMENDATION That the Minutes of the Ordinary Meeting of Orange City Council held on 15 June 2021 (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 15 June 2021. |
RECOMMENDATION That the Minutes of the Extraordinary Meeting of Orange City Council held on 28 June 2021 (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 28 June 2021. |
Attachments
1 Minutes of the Ordinary Meeting of Orange City Council held on 15 June 2021
2 Minutes of the Extraordinary Meeting of Orange City Council held on 28 June 2021
ORANGE CITY COUNCIL
MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 15 June 2021
COMMENCING AT 7.00pm
Attendance
Cr R Kidd (Mayor), Cr G Taylor (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Munro (Zoom), Cr S Nugent (Zoom), Cr S Romano , 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), Chief Financial Officer (Zoom), Executive Support Officer
Nil
RESOLVED - 21/162 Cr J Hamling/Cr J Whitton That Council permit Cr Munro and Cr Nugent to attend the Council Meeting of Orange City Council on 15 June 2021 by remote video link. |
1.2 LIVESTREAMING AND RECORDING
The Mayor advised that the meeting was being livestreamed and recorded.
Minister Greg Blanch of the Orange Evangelical Church led the Council in Prayer.
The Mayor conducted an acknowledgement of Country.
RESOLVED - 21/163 Cr R Kidd/Cr S Munro That Council write to Edwina Bone congratulating her on her recent selection in the Australian Womens Hockey Team for the Tokyo Olympic Games. |
*Council held 1 minute silence in remembrance of the passing of Max Jones*
1.5 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Cr Taylor declared a Non-Significant, Non-Pecuniary interest in item 6.1 of the closed meeting – Notice of Rescission – Tender for the Provision of Traffic Management Services as he as a close relationship with a tenderer.
Cr Turner declared a Significant, Non-Pecuniary interest in item 5.7 – Development Application 186/2021(1) -298 Clergate Road as a member of the WRPP.
Cr Nugent declared a Non-Significant, Non-Pecuniary Interest in the Mayoral Minute as a member of a user group of the Orange Uniting Church Hall.
Cr Kidd declared a Significant Non-Pecuniary interest in item 5.6 and the open forum – DA 339/2020(1) - 3-5 Curran Street as a relative is an applicant in this development.
*Cr Whitton left the chamber with the time being 7.07pm and returned with the time being 7.11pm*
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.07PM.
Mayoral Minute – Contingency Arrangements for Homeless During Cold Weather Snap
Bev Rankin – Fusion – Orange Uniting Church outlined the reasons for Council’s support of the Homelessness services in Orange.
2 Mayoral Minutes
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto
Against: Nil
Absent: Nil
OPEN FORUM CONTINUES
DA 284/2020(1) - 4 Kearneys Drive
Anthony Daintith addressed Council on behalf of neighbours to the development.
DA 42/2021(1) - 64 Valencia Drive
Peter Scullion addressed Council on the positives of the development.
DA339/2020(1) - 3-5 Curran Street
Cr Kidd declared a Significant, Non-Pecuniary Interest in this item, left the chamber and did not participate on the hearing of this submission.
Tom Messenger addressed Council stating that the work undertaken by the applicant and council to facilitate the amendment of plans for the development and sought Council’s assistance in updating condition 12 of the approval in relation to the plan of management.
*Cr Kidd left the meeting with the time being 7.21pm. Cr Taylor (Deputy Mayor) assumed the role of chairperson*
Cr Kidd returned with the time being 7.25pm and resumed the role of chairperson*
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.25PM.
3 Confirmation of Minutes of Previous Meeting
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto
Against: Nil
Absent: Nil
The Chief Executive Officer read the Good News.
Housing Plus held its White Tie Ball on the 22nd May 2021 which was hailed a resounding success with over 300 guests and the raising of $80,000 to go towards providing additional support for women and children staying at The Orchard and accessing their domestic and family violence services. Housing Plus thanks Council for their contribution to the event and its success through Council’s Event Sponsorship Program ($5,000 donated by resolution of Council on 2 March 2021).
Orange Aquatic Club held the OAC Winder Short Course Championships on the 15th & 16th May 2021 at the Orange Aquatic Centre. The OAC President thanked the Aquatic Centre Lifeguards and Aquatic Centre staff for their support and assistance throughout the event with the Lifeguards in particular helping with the set up and pack of the Event.
The Mayor added that Orange held the U14 NSW Junior Rugby State Championships over the June long weekend at Emu’s. The grounds staff should be commended for their efforts in getting the fields ready after recent inclement weather.
The Mayor also added that Orange had a visit from the Ageing and Disability Commissioner, Robert Fitzgerald and that Council’s Ageing and Support Team Leader, Kim McLean should be congratulated for her coordination of Council’s services for the community.
4 Notices of Motion/Notices of Rescission
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto
Against: Nil
Absent: Nil
Cr Turner asked that all of the trolleys located at the Resource Recovery Centre (RRC) inside the front gate to be sent to the steel recycling centre when not collected by supermarkets, in a bid to clean up the entrance to the facility. |
5 General Reports
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto
Against: Nil
Absent: Nil
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto
Against: Nil
Absent: Nil
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto
Against: Nil
Absent: Nil
QUESTION TAKEN ON NOTICE Cr G Taylor Cr Taylor asked that lights in Matthews Park be inspected and made more secure to protect them from further vandalism. |
QUESTION TAKEN ON NOTICE Cr R Kidd Cr Kidd asked that staff investigate the installation of CCTV in Matthews Park to deter vandalism. |
Cr Munro asked that staff investigate options to secure the storm water drain in Matthews Park to make it safer for visitors to the park. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto
Against: Nil
Absent: Nil
Cr Nugent asked for information on what noise controls are to be in place as part of the Operational Management Plan for the site.
The Director Development Services stated that condition 47 of the approval provides for a Noise Management Plan for this development, in addition condition 49 stipulates an Acoustic Commissioning Report be prepared and provided to Council within 3 months of the issue of an Occupation Certificate in order to confirm all noise emissions from the development are compliant as predicted. Condition 14 requires that prior to the issue of a Construction Certificate all mechanical plant must be certified to meet the noise targets of this development.
Cr Kidd asked if the Margaret Street intersection was safe.
The Director Technical Services stated that all intersections have an inherent danger as they deal with opposing traffic and there are multiple variables such as vehicle speed, vehicle condition, driver behaviour and road conditions. Road conditions being only 1 of the four road safety factors. In this case the intersection of Margaret Street and Kearneys Drive is less than desirable for such a development and the proposed motion goes some way to address these safety concerns.
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto
Against: Nil
Absent: Nil
*Cr Kidd left the meeting with the time being 8.21pm and Deputy Mayor, Cr Taylor assumed the role of the chairperson, after declaring an interest in item 5.6*
For: Cr Duffy, Cr Hamling, Cr McRae, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto
Against: Cr Munro
Absent: Cr Kidd
Cr Mileto asked why a plan of management would not be considered before a construction certificate was issued.
The Director Development Services stated that the Statement of Environmental Effects is submitted with the application as a statutory requirement and in this case commits the applicant to the same items that would be addressed in a Plan of Management. A Plan of Management is an additional written instrument that further details the operational details of the development, thereby assisting with the implementation and enforcement of said conditions into the future.
*Cr Kidd returned to the meeting with the time being 8.33pm and resumed the role of the chairperson*
*Cr Turner left the meeting with the time being 8.33pm*
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Romano, Cr Whitton, Cr Mileto
Against: Nil
Absent: Cr Turner
Cr Nugent noted that there is a critically endangered ecological community (EEC) on the subdivision where the development is proposed. A consultant has assessed this ecological community and has noted that the habitat was heavily degraded and in poor condition. Cr Nugent asked for further clarification on the meaning of the consultants assessment and asked what proximity the development is to the ecological community.
The Director Development Services confirmed that the Biodiversity Development Assessment Report prepared by a consultant for the original subdivision was used to guide this development application. The site of this proposed development is at the front of the subdivision by the road and does not directly impact the EEC which is located at the back of the subdivision that adjoins the forest. There is an opportunity to collect native seeds from the grass of the lot and transplant them into the forest area behind the subdivision. There are no trees to be removed by this proposal.
*Cr Turner returned to the meeting with the time being 8.40pm*
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto
Against: Nil
Absent: Nil
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton, Cr Mileto
Against: Nil
Absent: Cr Romano
*Cr Romano left the chamber with the time being 8.44pm*
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Whitton, Cr Mileto
Against: Nil
Absent: Cr Romano
Cr Nugent asked if there were any risks in proceeding with the Draft LEP without having the DCP completed.
The Director Development Services stated that Council will be pushed for time to complete the DCP before the Government finalises the LEP, however as the DCP is developed by Council it will be created concurrently with the LEP amendment.
Cr Whitton asked that a Real Estate sign placed on the road verge on Forest Road be inspected and action taken to move the signage as it is obstructing the view of traffic at the intersection. |
*Cr Romano returned to the chamber with the time being 8.50pm*
TRIM Reference: 2021/1160 |
RESOLVED - 21/177 Cr S Nugent/Cr S Munro That Council note the update on Future City Digital Business Project. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto
Against: Nil
Absent: Nil
Cr Nugent asked if there is a funding allocation in the next budget and what was the interest in the program from businesses.
The Acting Director Corporate & Commercial Services stated that the intention was to include the amount annually for the next 3 years. 20 businesses have expressed interest to date, however with the continuation of the program it is expected that more businesses will express interest in the project.
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto
Against: Nil
Absent: Nil
Cr McRae asked if in the event that the Gala Ball is cancelled due to COVID restrictions can Council obtain insurance to cover the cost of the event for Council. Cr McRae also asked if the event was open for local residents only or would travellers be welcome and if the planned numbers of the event are in compliance with Public Health Orders and restrictions for indoor entertainment venues in NSW.
The Acting Director Corporate & Commercial Services stated that there is no insurance available for COVID related cancellations. COVID rules are to be in place for travellers where hot spots are identified and the capacity of the function centre can accommodate 450 attendees under current pp/sqm rule requirements.
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto
Against: Nil
Absent: Nil
Against: Nil
Absent: Nil
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.
The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 9.15pm.
The Mayor declared the Ordinary Meeting of Council resumed at 10.15pm.
7 Resolutions from Closed Meeting
The Chief Executive Officer read out the following resolutions made in the Closed Meeting of Council.
For: Cr Kidd, Cr Duffy, Cr Munro, Cr Whitton, Cr Mileto, Cr Romano
Against: Cr Nugent Cr Turner, Cr Hamling, Cr McRae
Absent: Cr Taylor
RESOLVED - 21/184 Cr K Duffy/Cr J Whitton That Council resolves to: 1 Approve the Chief Executive Officer, or his nominee, to enter into a standard contract with Midwest Traffic Management (Orange) Pty Ltd for the provision of traffic management services; 2 Grant permission to the Chief Executive Officer or nominee to do such things as may be necessary or convenient to give effect to this decision, including affixing the Council Seal to all relevant documents if required. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto
Against: Cr McRae
Absent: Cr Taylor
*Cr Taylor returned to the meeting with the time being 9.49pm*
TRIM Reference: 2021/1253 |
RESOLVED - 21/185 Cr J Whitton/Cr K Duffy 1 That Council acknowledge the reports presented to the Audit Risk & Improvement Committee at its meeting held on 21 May 2021. 2 That the minutes of the Audit Risk & Improvement Committee at its meeting held on 21 May 2021 be adopted. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto
Against: Nil
Absent: Nil
TRIM Reference: 2021/963 |
RESOLVED - 21/186 Cr R Turner/Cr K Duffy That Council take part in the proceedings by making a formal offer as detailed in this report. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto
Against: Nil
Absent: Nil
TRIM Reference: 2021/1022 |
TRIM Reference: 2021/1175 |
RESOLVED - 21/187 Cr K Duffy/Cr S Munro That Council resolves to: 1 Approve the establishment of a new Concrete Civil Works Panel under the Council’s Purchasing Policy. 2 Approve the Chief Executive Officer, or his nominee, to enter into a standard contract with G R Spurr Concreting Pty Ltd, M & H Foley, Matt Foley Concreting, Orange Concrete Services Pty Ltd and Workfield Investments Pty Ltd as part of the Panel. 3 Grant permission to the Chief Executive Officer or nominee to do such things as may be necessary or convenient to give effect to this decision, including affixing the Council Seal to all relevant documents if required. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto
Against: Nil
Absent: Nil
TRIM Reference: 2021/1135 |
RESOLVED - 21/188 Cr K Duffy/Cr S Munro That Council resolves to: 1 Approve the establishment of a new Ready Mix Concrete Supply Panel under the Council’s Purchasing Policy. 2 Approve the Chief Executive Officer, or his nominee, to enter into a standard contract with Boral Resources (NSW) Pty Ltd, Hanson Construction Materials Pty Ltd, Holcim (Australia) Pty Ltd and Zamoraft Pty Ltd t/as Midwestern Mini Mix for supply of ready mix concrete as part of the Panel. 3 Grant permission to the Chief Executive Officer or nominee to do such things as may be necessary or convenient to give effect to this decision, including affixing the Council Seal to all relevant documents if required. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto
Against: Nil
Absent: Nil
TRIM Reference: 2021/1269 |
RESOLVED - 21/189 Cr K Duffy/Cr J Hamling That the information in this report be acknowledged. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto
Against: Nil
Absent: Nil
*Cr Romano left the meeting with the time being 10.09pm and returned with the time being 10.18pm*
At the Council Meeting of 6 April 2021, Council resolved to hold an Extraordinary Meeting. Council has now confirmed the meeting date will be Monday 28 June 2021 at 7pm.
5.1 Upcoming Extraordinary Meeting TRIM Reference: 2021/577 |
RESOLVED - 21/116 Cr J Whitton/Cr S Munro That Council resolves the date of an Extraordinary Council Meeting of 27 April 2021 at 7pm or the next available date to discuss and determine DA 464/2020(1) – Demolition (Tree Removal) – 1610 Forest Road and Lot 209 Forest Road. |
The Meeting Closed at 10.20PM
This is Page Number 60 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 15 June 2021.
ORANGE CITY COUNCIL
MINUTES OF THE
Extraordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 28 June 2021
COMMENCING AT 7.00pm
1 Introduction
Attendance
Cr R Kidd (Mayor), Cr G Taylor (Deputy Mayor), Cr K Duffy, Cr J Hamling (Zoom), Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr S Romano , Cr R Turner (Zoom), Cr J Whitton
Chief Executive Officer, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Corporate Governance, Executive Support Manager, Manager Development Assessment, Senior Planner (Hicks), Sport and Recreation Coordinator.
1.1 APOLOGIES
Nil - Council permits Cr Hamling and Cr Turner to attend the Council Meeting of Orange City Council on 28 June 2021 by remote video link.
1.2 LIVESTREAMING AND RECORDING
The Mayor advised that the meeting was being livestreamed and recorded.
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
Development Application DA 464/2020(1) - 1610 and Lot 209 Forest Road (Bloomfield Sporting Precinct)
A number of members of the public spoke in the Open Forum addressing Council. The list of speakers is shown below.
Speakers Against the Application:
1 Kate Curtin
3 Sarah Ferguson
5 Kate Hook
7 Stephen Porges
9 Gabriel Shannon
Speakers For the Application:
2 Ross Corner
4 James Grant
6 Kate Lawrence
8 Steve Martin
10 Gabrielle Staniforth
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8PM
2 General Reports
2.1 Development Application DA 464/2020(1) - 1610 and Lot 209 Forest Road (Bloomfield Sporting Precinct) TRIM Reference: 2021/1189 |
Recommendation Cr J Hamling/Cr K Duffy That Council consents to development application DA 464/2020(1) for Demolition (tree removal) at Lot 1 DP 1142713 and Lot 209 DP 42900, 1610 Forest Road, Orange pursuant to the conditions of consent in the attached Notice of Determination. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto
Against: Cr Nugent
Absent: Nil
Cr Nugent asked who the owners of the subject land are.
The Chief Executive Officer stated that the land is Crown Land, Council is the trustee of the Crown Land and the Orange Ex Services Club currently hold a lease on the land.
Cr Nugent asked if Council has the responsibility to look after the land.
The Chief Executive Officer stated that the Orange Ex Services Club lease requires that they maintain the land until the end of that lease. If the precinct goes ahead, the lease will cease and Council will resume responsibility.
Cr Nugent asked if there is a risk of losing the $25million.
The Mayor stated there was a risk and if it was not used for the required purpose the Government will take it back.
Cr Taylor asked if it was $15million to get the site off the NDR to commence.
The Chief Executive Officer stated that the figure was approximately $5million to get the project out of the ground.
Cr Nugent asked for clarification on the detailed landscape master plan and whether there were 513 trees or 280 trees to be removed with this approval.
The Director Development Services stated that the application before Council is for the removal of 513 trees, however as the application is Integrated Development the NSW Heritage Council will have the final say. The Heritage Council General Terms of Approval only permit the removal of trees in the immediate vicinity of the future stadiums. The exact numbers permitted to be removed will be determined by the Heritage Council when they approve the Landscape Master Plan.
Cr Nugent asked whether the detailed landscape master plan would have changes to its design and if the Heritage Council will make the final decision on trees in the vicinity.
The Director Development Services stated that the applicant will submit a landscape master plan to the Heritage Council for approval. The Heritage Council will hold the decision on the number of trees in the ‘vicinity‘ that can be removed.
RESOLVED - 21/192 Cr K Duffy/Cr S Romano That item 2.1 be put to the meeting for a vote. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr Munro, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto
Against: Cr Nugent, Cr Taylor, Cr McRae
Absent: Nil
3 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 - 21/193 Cr S Munro/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: 3.1 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 (e) information that would, if disclosed, prejudice the maintenance of law. |
THE MAYOR DECLARED THE EXTRAORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE CLOSED MEETING AT 8.58PM
THE MAYOR DECLARED THE EXTRAORDINARY MEETING OF COUNCIL RESUMED AT 9PM
4 Resolutions from Closed Meeting
The Chief Executive Officer read out the following resolutions made in the Closed Meeting of Council.
TRIM Reference: 2021/1328 |
RESOLVED - 21/194 Cr S Nugent/Cr S Munro That the information in this report be acknowledged. |
For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Munro, Cr Nugent, Cr Taylor, Cr Turner, Cr Romano, Cr Whitton, Cr Mileto
Against: Nil
Absent: Nil
The Meeting Closed at 9.02pm
This is Page Number 64 and the Final Page of the Minutes of the Extraordinary Meeting of Orange City Council held on 28 June 2021.
COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE POLICY COMMITTEES
4 Notices of Motion/Notices of Rescission
RECORD NUMBER: 2021/1398
I, CR Tony Mileto wish to move the following Notice of Motion at the Council Meeting of 6 July 2021:
That Council identify several dead trees in the Orange LGA that could be utilised in the Blue Tree Project whereby these trees are painted blue in colour in an attempt to create awareness around mental health and suicide prevention. |
Background
Jayden Whyte, a young man from WA, and his friend snuck out of the house in the middle of the night, muffling their giggles, with a plan to prank his father by painting a dead tree in the middle of the paddock bright blue. That story was told at Jayden’s funeral last year after he took his own life at the age of 29. On the day Jayden died, he attempted to seek help for fear of harming himself, sadly he was turned away twice in one day by the emergency department because he must have looked fine, when really on the inside he wasn’t (abc.net.au/painting the country blue to tackle suicide regional Australia).
The Blue Tree Project, started by Mr Whyte’s best friend, has resonated around the world and hundreds of trees have been painted blue around Australia to encourage people to speak out when doing it tough. It needs to be communicated that it is OK to talk, and it is OK to tell somebody you are not OK, and it is OK to go and seek help.
The mission is to help spark difficult conversations and encourage people to speak up when battling mental health concerns. By spreading the paint and spreading the message that "it's OK to not be OK", we can help break down the stigma that's still largely attached to mental health. We are also including a QR code that will record numbers available and places for help.
The Orange Suicide Prevention Network are requesting the Council’s assistance with this. I have noticed that there are several large tree trunks within the Council depot grounds. Something like these would be great for our blue tree program. This would mean that live trees would not have to be used and Blue trees could be located in specific spots.
It has been suggested to locate one tree with the Bloomfield/Orange Hospital Complex, one on the Northern Distributor and the last at Banjo Paterson Park, which is a known suicide location.
Council’s assistance in gifting these tree trunks means that we can involve schools in the painting of the trees. It is hoped that we could seek donation to have the trees erected.
Signed Cr Tony Mileto
STAFF COMMENT
Trees that are failing on Council land are removed routinely when identified and programed into works.
Should there be suitable trees that could be left in situ there is a need to ensure that they do not detract from their setting if they were planted blue (for example where Council has established a native revegetation area).
Trunks mentioned in correspondence have since been placed around the City to create habitat. As with the trees placement of any future trucks would need to ensure that their placement does not detract from the setting, in particular where a memorial may have been established such as in Banjo Paterson Park.
It is also probable that there are trees which are located on private property which may be suitable for this purpose.
Financial Implications
Financial implications would depend on who paints the trees and who provides the paint.
POLICY AND GOVERNANCE IMPLICATIONS
Nil
RECORD NUMBER: 2021/1402
I, CR Tony Mileto wish to move the following Notice of Motion at the Council Meeting of 6 July 2021:
That Council allow the installation of several blue park benches throughout Orange to assist with an initiative by the Orange Region Suicide Prevention Network to create a greater awareness of Mental Health and Suicide Prevention. |
Background
Orange Region Suicide Prevention Network (ORSPN), are a group of local volunteers working towards preventing suicide in our community through mental health awareness raising, education, events, and initiatives in our community.
As you would know, an average of nine people take their own life every day in Australia and our own region has been significantly impacted by suicide in recent years. The ORSPN has come up with an initiative to increase awareness and access to help in the Orange region called the Blue Park Benches Initiative and they are looking for Council’s support.
ORSPN are seeking approval to paint several benches in community spaces in and around Orange. The benches selected will be in key areas where people might go to escape and “get away from it all” during hard times in their life. Some locations may include Cook Park, Botanic Gardens, and surrounding areas like Mount Canobolas and Lake Canobolas. Once appropriate sites have been selected and agreed by Council, ORSPN will engage local schools to get involved with the sanding, painting and fitting of signs which will initiate important conversations about mental health with local students.
The ORSPN will source funding for the cost of the blue paint and the signage to attach to each bench. The signs will have local mental health support service information and phone numbers, for people who might need support with their mental health while they are at the site or for them to add to their phone for a later time for themselves or someone else in need. Once the project is completed, ORSPN are asking that going forward Orange City Council would agree to maintain these benches with the blue paint as needed.
Signed Cr Tony Mileto
STAFF COMMENT
Council currently have blue park benches in outer parks (Gosling Creek, Lake Canobolas) and wetlands (Waratahs) however they are not part of a suicide awareness program. Some of these benches have been purchased by family members to commemorate the life of loved ones. There is an opportunity to install more benches however we need to be mindful of the messaging and potential impact on families of those with existing seats.
Staff do not support Blue Park benches in the inner premier Council parks such as Cook Park, Robertson Park and Orange Botanic Gardens due to visual impact and significant cost to revert to wooden colour should we desire to do so.
Financial Implications
Nil until benches are required to be repainted or reverted to wood.
POLICY AND GOVERNANCE IMPLICATIONS
Nil
5.1 Central West Region Collaborative for the Prevention of Abuse of Older People
RECORD NUMBER: 2021/1416
AUTHOR: Kim McLean, Team Leader - Ageing and Sector Support
EXECUTIVE Summary
This report is for the information of Council members on the establishment of the Central West Region Collaborative for the Prevention of Abuse of Older People and it’s alignment with the NSW Ageing & Disability Commission.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “3.1 Live - Support projects and programs that address crime and safety and contribute to an increased sense of safety in our homes and the wider community”.
Financial Implications
Nil
Policy and Governance Implications
NIL
That Council note the report on the prevention of abuse of older people. |
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
Background
At what point does a senior become invisible?
This question was raised by the newly appointed NSW Ageing & Disability Commissioner (Mr Robert Fitzgerald) at a Community Aged Care Forum in Sydney, on 2nd August 2019. It was also the stimulus behind the establishment of the Central West Region Collaborative for the Prevention of Abuse of Older People.
“It is when they are talked about as if not in the room, or when decisions are made without their consent. It is when their voice is not heard.” was his response.
The Commissioner elaborated on the five commonly recognised forms of abuse of older people: psychological/emotional abuse, financial, physical, sexual and neglect, and how abuse can start and move from helpful to harmful to abusive to criminal behaviour.
The largest type of abuse for older people is psychological abuse; where others start to take control of decision making, leading to control and coerciveness. It is hard to identify because older people do not like to complain about the abuse, for fear of repercussions.
The second, is financial control where seniors may have a lot of assets, a large amount of money or financial assets, through to stealing support pension or age pension.
The cohort most likely to be abused has been identified as older women between 75 and 85 years of age, mostly through increased dependence and lessening capacity.
70% of the abuse is by family members including spouses, but predominantly adult children who abuse their ageing parents.
The Commissioner then spoke of a number of Collaboratives established in NSW for the Prevention of Abuse of Older People and of the support that the Ageing & Disability Commission can provide to Collaboratives. This support takes the form of guidance and training to providers across the aged care framework as well as promotional resources to raise awareness within the community.
At the time of the Forum, there were 11 Collaboratives established in NSW; there are now 18 with the Central West Region Collaborative the latest and the only one west of the Blue Mountains.
Central West Region Collaborative for the Prevention of Abuse of Older People
Through an extended Expression of Interest, initiated by Council to providers of home care support services across the Region, community groups and relevant government organisations, 21 members of the Central West Region Collaborative first met on 22nd July 2020; spaced well apart in the Orange City Council Chamber and via zoom.
The Central West Region Collaborative encompasses Lithgow to Lake Cargelligo. It has grown in strength and visibility with 24 members, now representing the following organisations and sectors:
Western NSW LHD Aged Care, The Neighbourhood Centre Bathurst, Catholic Care Wilcannia Forbes, Carer Gateway – LiveBetter, Lifeline Central West, Cowra Special Needs Services, Central West Uniting Protestant Association, TAFE NSW – West Region, Cabonne Council, Legal Aid NSW, Charles Sturt University, NSW Police - Central Western Region, Relationships Australia, Bathurst Seymour Centre, New Horizons Bathurst, Dementia Advisory Service Bathurst, Forbes Bland Home Mods & Maintenance, BaptistCare at Home, Multicultural community representative, Housing Plus, Financial Information Services Australia, NSW Ambulance, Aboriginal & Torres Strait Islander community representative, University of the Third Age (U3A) and Orange City Council
A formal launch of the Collaborative was held on 10 June 2021 (amidst the snow), attended by Commissioner Robert Fitzgerald, Mayor Reg Kidd, CEO David Waddell, Community Services Director Scott Maunder and service provider representatives.
Purpose of the Collaborative
The purpose of the Collaborative is to protect older people from abuse, neglect and exploitation. Acknowledged by the Commissioner, it plays a critical role in promoting the rights of older people in the local community and ensuring services can work together to better protect older people from abuse in their family, home and community.
The abuse of older people is not something that people like to talk about, but it is happening.
The Commission has established the Ageing and Disability Abuse Helpline 1800 628 221 to raise or report suspected abuse. It is open Mondays to Fridays 9am to 5pm; at this stage, there is no mandatory reporting of abuse.
Calls to the Hotline in relation to older people are 75% and at this point in the year, numbers indicate that the helpline may take 16,000 calls; evidencing that people are now willing to raise questions and report matters in a way that has not been done previously.
On a local level, from a recent presentation to members by the Manager Housing Plus, it was revealed that 168 clients over 65 years of age have been referred to The Orchard Facility for emergency support, because of family and domestic violence.
Orange City Council is heavily involved with the Collaborative in the form of host, Chair and Executive Support. It has facilitated with Collaborative members a clearly defined Action Plan and has a close working relationship with the NSW Police Aged Crime Prevention Officer for the region.
The Collaborative supports the National Plan to respond to the Abuse of Older Australians (Elder Abuse) 2019-2023 through the following:
1. Developing local protocols and service agreements for responding to older people experiencing abuse, aligned with the NSW Interagency policy and communicated
2. Increasing awareness of the role of the
Ageing and Disability Abuse Helpline
1800 628 221 and the NSW Ageing and Disability Commission
3. Building local staff capability to respond to elder abuse through increased awareness and education
4. Developing and sharing resources and practices in responding to abuse of older people
The Collaborative will encourage community activism by raising awareness amongst seniors in regional communities and providers across the aged care sector, as well as community groups; even hairdressers and taxi-drivers.
In his Launch address, the Commissioner stated that ‘local government has the capacity to mobilise the local community and to co-design and leverage the multiple groups that are involved in this space’. The Central West Region Collaborative is a tangible example of this, with representatives from organisations and community groups coming together in a meaningful, coherent way to make a difference in the lives of older people experiencing abuse.
It is up to all of us to detect, address and prevent elder abuse.
5.2 Code of Conduct Reporting - Reporting Comparison Over Council Terms
RECORD NUMBER: 2021/1221
AUTHOR: Janessa Constantine, Acting Manager Corporate Governance
EXECUTIVE Summary
At the Council Meeting of 1 June 2020, Cr McRae requested that a report be provided to Council on Code of Conduct Complaints per year for the last terms of Council in order to provide a comparison. This report outlines the numbers of code of conduct complaints made through the periods of 2014-2021.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “17.1 Collaborate - Provide representative, responsible and accountable community governance”.
Financial Implications
Nil
Policy and Governance Implications
Nil
That the report on Code of Conduct Complaint Reporting – Reporting Comparison over Council Terms 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
The following summaries have been provided to Council for the periods of 2014 to 2021 for General Manager/Chief Executive Officer and Councillor Code of Conduct Complaints.
Complaint Statistics of 2014
Required information |
Comment |
Total number of Code of Conduct complaints made about Councillors and the General Manager under the Code of Conduct in the year |
2 complaints made about Councillors and finalised in the year 1 complaint about a Councillor made last year and finalised this year 0 complaints about the General Manager |
Number of Code of Conduct complaints referred to a Conduct Reviewer |
3 |
Number of Code of Conduct complaints finalised by a Conduct Reviewer at the Preliminary Assessment stage and the outcome of those complaints |
0 |
Number of Code of Conduct complaints investigated by a Conduct Reviewer |
1 |
Number of Code of Conduct complaints investigated by a Conduct Review Committee |
2 |
Without identifying particular matters, the outcome of Code of Conduct complaints investigated by a Conduct Reviewer or Conduct Review Committee under the Procedures |
Complaint 1 – Breach found. Councillor counselled by Chairperson of Conduct Review Committee. Complaint 2 – Breach found. Explanation sought and accepted by Conduct Reviewer. Complaint 3 – Matter still before Conduct Review Committee |
Number of matters reviewed by the Office, and without identifying particular matters, the outcome of the reviews |
0 |
The total cost of dealing with Code of Conduct complaints made about Councillors and the General Manager in the year, including staff costs. |
$52,726.70 |
Complaint Statistics of 2015
Required information |
Comment |
Total number of Code of Conduct complaints made about Councillors and the General Manager under the Code of Conduct in the year |
2 complaints made and finalised in the year
|
Number of Code of Conduct complaints referred to a Conduct Reviewer |
2 |
Number of Code of Conduct complaints finalised by a Conduct Reviewer at the Preliminary Assessment stage and the outcome of those complaints |
1 complaint. This complaint contained 24 allegations and was referred to a Conduct Reviewer. The Reviewer determined to take no action on all but one matter, which has been resolved by the General Manager and which had been acted upon prior to complaint. |
Number of Code of Conduct complaints investigated by a Conduct Reviewer |
0 |
Number of Code of Conduct complaints investigated by a Conduct Review Committee |
1 |
Without identifying particular matters, the outcome of Code of Conduct complaints investigated by a Conduct Reviewer or Conduct Review Committee under the Procedures |
Panel found breaches. Reported to Council in February 2015 and finalised in April 2015. The matter was resolved by public apologies. |
Number of matters reviewed by the Office, and without identifying particular matters, the outcome of the reviews |
0 |
The total cost of dealing with Code of Conduct complaints made about Councillors and the General Manager in the year, including staff costs. |
$86,450 |
Complaint Statistics of 2016
Required information |
Comment |
Total number of Code of Conduct complaints made about Councillors and the General Manager under the Code of Conduct in the year |
4
|
Number of Code of Conduct complaints referred to a Conduct Reviewer |
4 |
Number of Code of Conduct complaints finalised by a Conduct Reviewer at the Preliminary Assessment stage and the outcome of those complaints |
1 complaint finalised, which was referred to a Conduct Reviewer who determined to take no further action. 1 complaint referred back to General Manager to resolve by alternate means |
Number of Code of Conduct complaints investigated by a Conduct Reviewer |
2 |
Number of Code of Conduct complaints investigated by a Conduct Review Committee |
0 |
Without identifying particular matters, the outcome of Code of Conduct complaints investigated by a Conduct Reviewer or Conduct Review Committee under the Procedures |
Only one matter finalised in the period, with no further action determined by the Conduct Reviewer. |
Number of matters reviewed by the Office, and without identifying particular matters, the outcome of the reviews |
0 |
The total cost of dealing with Code of Conduct complaints made about Councillors and the General Manager in the year, including staff costs. |
$11,828 |
Complaint Statistics of 2017
Required information |
Comment |
Total number of Code of Conduct complaints made about Councillors and the General Manager under the Code of Conduct in the year |
18
|
Number of Code of Conduct complaints referred to a Conduct Reviewer |
8 |
Number of Code of Conduct complaints finalised by a Conduct Reviewer at the Preliminary Assessment stage and the outcome of those complaints |
5 Three matters were resolved by the Conduct Reviewer by counselling and apology. The fourth matter was finalised by explanation. The fifth matter resulted in the Conduct Reviewer determining no further action was required. |
Number of Code of Conduct complaints investigated by a Conduct Reviewer |
8 |
Number of Code of Conduct complaints investigated by a Conduct Review Committee |
0 |
Without identifying particular matters, the outcome of Code of Conduct complaints investigated by a Conduct Reviewer or Conduct Review Committee under the Procedures |
In one matter the Conduct Reviewer determined to take no further action after the complainant requested to withdraw the complaint. One matter was resolved by the Conduct Reviewer through alternate means (counselling and apology). The other matters were reported to Council. |
Number of matters reviewed by the Office, and without identifying particular matters, the outcome of the reviews |
15 matters were referred to the Office of Local Government. Of these, the Office determined no further action was required on 9 complaints. 6 complaints were pending a response from the Office. |
The total cost of dealing with Code of Conduct complaints made about Councillors and the General Manager in the year, including staff costs. |
$39,644 (includes $21,378 in external costs) |
Complaint Statistics of 2018
Required information |
Current period |
Total number of Code of Conduct complaints made about Councillors and the General Manager under the Code of Conduct in the year |
5
|
Number of Code of Conduct complaints referred to a Conduct Reviewer |
2 |
Number of Code of Conduct complaints finalised by a Conduct Reviewer at the Preliminary Assessment stage and the outcome of those complaints |
1: No Evidence to Support Allegation 1: Allegation found to be substantiated and a resolution strategy proposed 1: Complaint withdrawn |
Number of Code of Conduct complaints investigated by a Conduct Reviewer |
2 |
Number of Code of Conduct complaints investigated by a Conduct Review Committee |
0 |
Without identifying particular matters, the outcome of Code of Conduct complaints investigated by a Conduct Reviewer or Conduct Review Committee under the Procedures |
1: No Evidence to Support Allegation 1: Allegation found to be substantiated and a resolution strategy proposed 1: Complaint withdrawn |
Number of matters reviewed by the Office, and without identifying particular matters, the outcome of the reviews |
Council may recall that in December 2017 it was reported that the Office of Local Government had yet to determine six matters that had been referred to it. Council has been advised that five of the six matters have now been finalised by the Office, and no action to be taken on all five matters. 1: Reprimand and publication of the determination |
The total cost of dealing with Code of Conduct complaints made about Councillors and the General Manager in the year, including staff costs. |
$14,516.19 plus 20 hours staff time |
Complaint Statistics of 2019
Required information |
Current period |
Total number of Code of Conduct complaints made about Councillors and the General Manager under the Code of Conduct in the year |
5 |
Number of Code of Conduct complaints referred to a Conduct Reviewer |
3 |
Number of Code of Conduct complaints finalised by a Conduct Reviewer at the Preliminary Assessment stage and the outcome of those complaints |
0 |
Number of Code of Conduct complaints investigated by a Conduct Reviewer |
3 |
Number of Code of Conduct complaints investigated by a Conduct Review Committee |
0 |
Without identifying particular matters, the outcome of Code of Conduct complaints investigated by a Conduct Reviewer or Conduct Review Committee under the Procedures |
2 - No Breaches of Code 1 - Resolved, No Further Action |
Number of matters reviewed by the Office of Local Government, and without identifying particular matters, the outcome of the reviews |
1 - No Breaches of Code |
The total cost of dealing with Code of Conduct complaints made about Councillors and the General Manager in the year, including staff costs. |
$9025 Plus staff costs. |
Complaint Statistics of 2020
Required information |
Current period |
Total number of Code of Conduct complaints made about Councillors and the Chief Executive Officer under the Code of Conduct in the year |
Nil |
Number of Code of Conduct complaints referred to a Conduct Reviewer |
Nil |
Number of Code of Conduct complaints finalised by a Conduct Reviewer at the Preliminary Assessment stage and the outcome of those complaints |
Nil |
Number of Code of Conduct complaints investigated by a Conduct Reviewer |
Nil |
Number of Code of Conduct complaints investigated by a Conduct Review Committee |
Nil |
Without identifying particular matters, the outcome of Code of Conduct complaints investigated by a Conduct Reviewer or Conduct Review Committee under the Procedures |
Nil |
Number of matters reviewed by the Office of Local Government, and without identifying particular matters, the outcome of the reviews |
Nil |
The total cost of dealing with Code of Conduct complaints made about Councillors and the Chief Executive Officer in the year, including staff costs. |
Nil |
Complaint Statistics of 2021
Required information |
Current period |
Total number of Code of Conduct complaints made about Councillors and the Chief Executive Officer under the Code of Conduct in the year to date |
2
|
Number of Code of Conduct complaints referred to a Conduct Reviewer |
2 |
Number of Code of Conduct complaints finalised by a Conduct Reviewer at the Preliminary Assessment stage and the outcome of those complaints |
2 No breaches found. |
Number of Code of Conduct complaints investigated by a Conduct Reviewer |
Nil |
Number of Code of Conduct complaints investigated by a Conduct Review Committee |
Nil |
Without identifying particular matters, the outcome of Code of Conduct complaints investigated by a Conduct Reviewer or Conduct Review Committee under the Procedures |
Nil |
Number of matters reviewed by the Office of Local Government, and without identifying particular matters, the outcome of the reviews |
1 Finalised – no breach found. |
The total cost of dealing with Code of Conduct complaints made about Councillors and the Chief Executive Officer in the year to date, including staff costs. |
$2,500 in Conduct Reviewer Fees plus approximately $2,000 in staff costs. |
5.3 Event Approval Process - COVID 19 Restrictions
RECORD NUMBER: 2021/1408
AUTHOR: Sharon D'Elboux, Manager Business Development
EXECUTIVE Summary
Council endorsed at its 1 September 2020 meeting:
That Council resolves:
1 To permit non-contentious events hosted by local event organiser (i.e based within the Orange Region) to be approved by staff in line with the current Strategic Policy;
2 To temporarily modify Strategic Policy - ST142 - Events on Council Owned/Managed Land so that 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;
From 4 August 2021, Orange City Council will enter into care taker period for the upcoming Local Government election on 4 September 2021.
This report is seeking Councils approval for the Chief Executive Officer (CEO) to be given delegation to finalise determination for any future event applications in accordance with the NSW Health Orders.
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 compliance.
That Council resolves: 1 To permit non-contentious events hosted by local event organiser (i.e based within the Orange Region) to be approved by staff in line with the current Strategic Policy; 2 That Council’s Chief Executive Officer be given delegation to finalise determination on Event Applications hosted by external event organisers (from outside the Orange City Council LGA) while the Local Government care taker period is in place and until such time as the new Council holds a Council meeting for resolution of such Events. 3 That in determining any application there will be Compliance with current Covid-19 NSW Health Orders. |
further considerations
Service Delivery |
A determination on the process for Strategic Policy - ST142 - Events on Council Owned/Managed Land during the Covid-19 restrictions will allow staff to provide timely advice to applicants on the process and timeframes for applications and approvals or other outcomes. |
Health and Safety |
All events are analysed for risk measures and compliance with current NSW Health Orders, including a Covid-19 safe event plan. |
SUPPORTING INFORMATION
In determining approval for an event during Covid-19 restrictions, staff must first apply the NSW Public Health Order that exists at the time. This NSW Health Order is applied to all events, whether held by local organisers or not.
Public Health (Covid-19 Gathering Restrictions) Order No 2, 2021 is now in place. The link is https://gazette.legislation.nsw.gov.au/so/download.w3p?id=Gazette_2021_2021-231.pdf
It covers significant events, agricultural shows and field days, outdoor public gatherings and the use of premises for specific activities.
It is proposed that staff will remain responsible for determining what constitutes each of the events and activities as listed above and with the use of the definitions placed within the NSW Public Health Order.
This report is to seek resolution of how these applications will be assessed and a decision made on the event proceeding, particularly in light of the current Covid-19 restrictions and local government care taker period is in place.
The proposed resolution seeks to leave locally managed event approval to be determined by Council staff. Non-locally (outside of the Orange City Council LGA) managed event approval to be determined by Councils CEO while the local government care taker period is in place.
Council continues to receive a steady number of applications to host an event on Council owned and/or managed land. These events include food and non-food market events, circus, tradeshows, etc.
5.4 Orange Regional Destination Management Plan
RECORD NUMBER: 2021/1412
AUTHOR: Sharon D'Elboux, Manager Business Development
EXECUTIVE Summary
Tourism is important to Orange. According to data from Tourism Research Australia, Orange welcomed 1,317,000 visitors in 2019 (a record) including 884,000 day visitors (also a record). They spent an estimated $340 million in the year to December 2019.
This compares with an estimated 985,000 visitors and associated spend of $241 million for the same period in 2017.
Coming off the worst of the COVID travel restrictions in late 2020, not surprisingly, visitor numbers for the Orange LGA were down 15% on the previous year. Visitor nights however had rebounded strongly to be just 1% down on the 2019 figures. It’s worth noting that other regional destinations such as Bathurst, Dubbo and Blue Mountains saw an estimated 30% to 41% drop in overnight visitors for the same period.
Overall these figures represent a strong performance and recognise the destination’s reputation, facilities, attractions and consumer loyalty.
For the past four years, Orange360 has been contracted under Councils Tourism Services Contract. The contract with TDO Limited trading as Orange 360 is due to end on 31 December 2021.
To assist with the development of a new tourism services contract which will go out for tender later this year, the region now needs to develop a Destination Management Plan (DMP). The DMP is a regional joint project and will cover the local government areas of Blayney, Cabonne and Orange. It will also work closely with other central west regions, such as Bathurst, Parkes, Cowra, Mudgee, Dubbo, etc.
This report is seeking Councils endorsement to complete a Destination Management Plan and prepare for the new tourism services contract to go out for tender process.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “11.1 Prosper - Capitalise on the character and lifestyle of Orange to remain a destination of choice”.
Financial Implications
Consultant to be appointed to hold workshop and develop the plan. This will be funded from Councils tourism development budget. Blayney and Cabonne Council will also be approached to contribute to the development of the DMP.
Policy and Governance Implications
Nil.
That Council resolves to: 1 Note the report from the Manager Business Development. 2 Develop a Memorandum of Understanding with Blayney and Cabonne Councils to manage the development of a regional Destination Management Plan. 3 Develop a regional Destination Management Plan. 4 Prepare new tourism services contract tender covering the period of 1 January 2022 to 31 December 2024. |
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
A Destination Management Plan (DMP) is a business plan for building and managing the visitor economy of a destination. It includes a long term strategy that allows Council to share the community’s vision with industry and other stakeholders. The DMP will act as a guide to manage and invest in the destination, this being Orange360.
It is proposed that the next tourism services contract will reflect the priorities, activities and strategies as outlined in a new, regional Destination Management Plan. This DMP will be the primary business plan for building and managing the local visitor economy.
As part of the Councils Delivery and Operational plans, a relevant and comprehensive DMP for our region will require the support all three LGAs. In order to achieve this Orange City Council is currently developing an MOU with both Cabonne and Blayney Councils as to the future of tourism and each Councils financial contribution until 2024.
The Orange 360 region visitor economy is worth more $300 million annually and employs more than 6000 local residents.
As our regional destination marketing organisation, Orange360 have achieved outstanding results over the past 4 years. In particular note is their work of the past 18 months, during and post the COVID19 travel restrictions. Visitor numbers to the Orange LGA have bounced back, close to pre-Covid levels. According to Tourism Research Australia for YE December 2020, our domestic visitor nights were down just 1% on the previous year. By comparison the Bathurst region was down 48%, Dubbo has lost 22% and Blue Mountains was down 33%. During this period Orange360 have continued to grow membership from a broad range of business sectors.
With the domestic tourism market strong, but in a state of uncertainty around the occurrence of covid-19, it is imperative that our region continue to market, package and promote our tourism experiences and products. The increased market awareness and forward bookings we are currently enjoying will soon diminish if we cease to be active in this area.
5.5 Road Closure Application - Part Wellwood Road
RECORD NUMBER: 2021/1434
AUTHOR: Shirley Hyde, Legal and Property Officer
EXECUTIVE Summary
Council has been contacted by the owner of 138 Malabar Road, Orange with a request to close part of an unformed Council road reserve known as Wellwood Road which adjoins their property. This report seeks a Council resolution to commence and proceed with the process.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “9.1 Preserve - Construct and maintain a road network meets the community’s transport and infrastructure needs”.
Financial Implications
As the Council road is unformed any compensation will be payable to the Crown in accordance with the Crown Lands Management Act.
Policy and Governance Implications
Nil
That Council resolves: 1 To advertise the proposed road closure in accordance with the requirements of the Crown Land Management Act. 2 That Council's Chief Executive Officer be given delegation to finalise determination for the road closure of part Wellwood Road, Orange post exhibition. 3 To proceed to sell that part of the road closed to the owner of 138 Malabar Road, subject to determination of any submissions received. 4 To grant approval for the use of the Council Seal on any necessary documentation. |
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
John and Beverley Healey the property owners of 138 Malabar Road Orange have requested Council proceed with an application for the closure of part of a road reserve known as Wellwood Road which adjoins their property at 138 Malabar Road. A map depicting the area is shown below for your reference.
Prior to 1 July 2018, road closure applications were undertaken by Crown Lands whether the road was a Council or Crown Road. With the inception of the Crown Lands Management Act 2016, this process has been transferred to Local Councils.
Council staff have inspected the site and deemed the proposed closure to have no adverse effect on Council. There is one other property owner adjoining the road. In accordance with requirements under the Act, Council will notify that property owner and request their comments/submissions to the proposed closure. The closure would also be advertised for a period of 28 days allowing the general public to lodge any submission.
As advised above as the road is unformed it will automatically revert to the Crown and accordingly compensation, to be assessed by a qualified valuer nominated by the Crown, would be payable to the Crown. The property owner would also be responsible for payment of all costs associated with the closure including application fee, advertising, survey and legal costs.
Council would also require the road to be consolidated with 138 Malabar road.
It is recommended that Council resolve to proceed with the road closure subject to consideration of any submissions received.
5.6 Lease Endeavour Oval to Emus Rugby Club
RECORD NUMBER: 2021/1222
AUTHOR: Shirley Hyde, Legal and Property Officer
EXECUTIVE Summary
The lease to Emus Rugby Club of Endeavour Oval and land where the club house is situated has expired and it is now necessary for a new lease to be entered.
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
Over the past 10 years Council has contributed $50,000 towards the upgrade of lighting and approximately $28,000 for sporting grants.
The initial loss to Council in entering the lease will be approximately $55,000 however will be recouped with the transfer of ownership of part of Emus water licence.
Policy and Governance Implications
Nil
That Council resolves: 1 That following requirements of the Local Government Act, Council enter into a 21 year lease of Lot 1 and Lot 3 DP 880736. 2 That permission be granted for the use of the common seal on all necessary documentation in relation to the lease. |
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
In negotiation the terms of a new lease, Emus have requested additional land to the north of the outdoor amenities, being part of 94 Woodward Street, be included in the leased area to enable the construction of a women’s amenities block. The map below gives an indication of the land required.
An Expression of Interest for the sale of 94 Woodward Street is currently being finalised. The additional land required by Emus is approximately 250m2 with an estimated value of $45,000 to $55,000. The cost of undertaking a boundary adjustment is expected to be approximately $10,000.
Emus currently have a water licence for 45 mgs. Of this, Emus use averages 15 mgs per annum. To compensate the loss of revenue to Council, Emus have agreed to transfer 20 mgs of their water licence to Council which will be used as back up in times of need. Council will be able to access the water from Emus bore but will be responsible for any additional maintenance or repairs required from the use, if any.
Under Section 47 of the Local Government Act Council will be required to:
(i) give public notice of the proposal (including on Council’s website) and
(ii) exhibit notice of the proposal on the land to which the proposal relates, and
(iii) give notice to the proposal to such persons as appear to it to own or occupy the land adjoining the community land, and
(iv) give notice of the proposal to any other person, appearing to the Council to be the owner or occupier of land in the vicinity of the community land, if in the opinion of the council the land the subject of the proposal is likely to form the primary focus of the person’s enjoyment of community land.
The notice must include information sufficient to identify the community land concerned known as Endeavour oval and details of the proposed land use, the terms of the proposed lease together with the name of the proposed lessee and the time in which submissions must be made.
It is recommended that Council resolve to enter into a 21 year lease with Emus of Endeavour Oval subject to dealing with any submissions received, if any.
5.7 Classification of Land Lot 60 DP 1274510 7 Mountain Vista Way
RECORD NUMBER: 2021/1409
AUTHOR: Shirley Hyde, Legal and Property Officer
EXECUTIVE Summary
This report seeks Council’s consent to classify land situated at Lot 60 DP 1274510 Mountain Vista Way, Orange, acquired for the purposes of drainage reserve, as Operational Land.
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
Nil
Policy and Governance Implications
Nil
1 That Lot 60 DP 1274510 Mountain Vista Way Orange be classified as Operational Land pursuant to the Local Government Act 1993. 2 That authority be granted to affix the Council Seal on all necessary documentation. |
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
As part of the subdivision development of Lot 30 DP 1259318, the developer was required, in accordance with Council’s development consent and the Orange Development Control Plan, to construct a drainage reserve. Council acquired such land through funding from Section 94 contributions and it was dedicated as drainage reserve under Section 49(1) of the Local Government Act 1993. The parcel has an area of 1222 m2. This report seeks to classify Lot 60 and DP 1274510, used for drainage purposes, as Operational Land. The subject land is shown on the following map.
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 1 Summer and 160 Woodward Street Orange This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (d)i commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it. 6.2 Tenders for the Supply of Roadbase and other Quarry Products 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 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 (e) information that would, if disclosed, prejudice the maintenance of law. |
6.1 Sale 1 Summer and 160 Woodward Street Orange
RECORD NUMBER: 2021/1279
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 (d)i commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.
6.2 Tenders for the Supply of Roadbase and other Quarry Products
RECORD NUMBER: 2021/1316
AUTHOR: Mark Frecklington, Assistant Works Manager
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
RECORD NUMBER: 2021/1130
AUTHOR: Nick Redmond, Acting Director Corporate & 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 (e) information that would, if disclosed, prejudice the maintenance of law.