Agenda of Council Meeting - Tuesday, 16 November 2021

Council Meeting 16 November 2021

ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

HELD IN OCTEC Builing, Old Town Hall, Cnr Byng Street and Anson Streets, Orange

ON 2 November 2021

COMMENCING AT 7.05pm

1 Introduction

Attendance

Cr R Kidd (Mayor), Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr S Romano Cr R Turner, Cr J Whitton

Chief Executive Officer, Director Corporate and Commercial Services, A/Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, A/Manager Corporate Governance, Chief Financial Officer, A/Executive Support Manager, Executive Support Administration Officer

1.1 APOLOGIES

RESOLVED - 21/395 Cr J Whitton/Cr S Nugent

That the apologies be accepted from Cr G Taylor for the Council Meeting of Orange City Council on 2 November 2021.

For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr S Romano,

Cr R Turner, Cr J Whitton

Against: Nil

Absent: Cr G Taylor

1.2 LIVESTREAMING AND RECORDING

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

1.3 OPENING PRAYER

There was no opening prayer.

1.4 ACKNOWLEDGEMENT OF COUNTRY

The Mayor conducted an Acknowledgement of Country.

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

Nil

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.07pm.

Fiona Towns – PDC Agenda Item 2.2 DA 242/2021 (1) – 98 Dalton Street

Cr Jeff Whitton spoke on behalf of Andrew McDougall on the history of OCTEC and hosting this commemorative meeting in the Old Town Hall building.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.19pm.

2 Mayoral Minutes

2.1 Mayoral Minute - Interactive Mural Eastern Wall of Civic Centre

TRIM Reference: 2021/2571

RESOLVED - 21/396 Cr R Kidd/Cr J Hamling

That the information contained in this Mayoral Minute be acknowledged

For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr S Romano,

Cr R Turner, Cr J Whitton

Against: Nil

Absent: Cr G Taylor

3 Confirmation of Minutes of Previous Meeting

RESOLVED - 21/397 Cr S Nugent/Cr J Whitton

That the Minutes of the Ordinary Meeting of Orange City Council held on 19 October 2021 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate record of the proceedings of the Council meeting held on 19 October 2021.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.34pm.

Cr S Romano left the meeting at 8.28pm

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 9.07pm.

4 Notices of Motion/Notices of Rescission

4.1 Orange Rail Action Group Report

TRIM Reference: 2021/2472

RESOLVED - 21/422 Cr S Munro/Cr S Nugent

That Council:

1 note the report from the Orange Rail Action Group (ORAG).

2 continue to support ORAG in its lobbying for improved passenger rail services to the Central West, and in particular, an early morning direct seamless passenger train service to Sydney, and rail infrastructure upgrades aimed at delivering faster rail and shorter travel times.

3 continue to lobby the Central NSW Joint Organisation to support calls for improved passenger and freight rail services, and faster rail to the Central West.

4 endorse ORAG's concepts for the Orange Train Station Precinct to become a Local and Regional Transport Hub and Interchange.

For: Cr R Kidd, Cr K Duffy, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner

Against: Nil

Absent: Cr G Taylor, Cr S Romano, Cr J Whitton, Cr J Hamling

Cr Whitton left the boardroom at 9.08pm

Cr Hamling left the boardroom at 9.08pm

Cr Whitton returned to the boardroom at 9.10pm

Cr Hamling returned to the boardroom at 9.10pm

5 General Reports

5.1 Bulky Waste Services-2021 Comparison

TRIM Reference: 2021/1794

RESOLVED - 21/423 Cr T Mileto/Cr J Hamling

1 That Council maintain the contract provision of “User-Pay” Bulky Waste Disposal whereby residents may choose to purchase a ticket for the collection and disposal of Bulky Waste from the footpath at any agreed time between the resident and the waste contractor in accordance with the parameters of the service.

2 That the future of Kerbside Bulky Waste Service and/or a voucher system that allows residents to deliver their waste (up to 2 cubic metres in volume and within acceptance parameters) to the Ophir Road Resource Recovery Centre be considered by the incoming Council in their 2022/23 budget considerations.

For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,

Cr J Whitton

Against: Nil

Absent: Cr G Taylor, Cr S Romano

5.2 Local Government NSW Annual Conference - Call for Motions

TRIM Reference: 2021/2255

RESOLVED - 21/424 Cr S Nugent/Cr K Duffy

That Council identify motions in line with the LGNSW Guidelines for consideration at the Local Government Special Conference to be held in Sydney 28 February – 02 March 2022.

For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,

Cr J Whitton

Against: Nil

Absent: Cr G Taylor, Cr S Romano

5.3 Strategic Policy Review - ST056 - Enterprise Risk Management - Post Exhibition

TRIM Reference: 2021/2284

RESOLVED - 21/425 Cr K Duffy/Cr J Hamling

That Council resolves to adopt Strategic Policy - ST056 – Enterprise Risk Management.

For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,

Cr J Whitton

Against: Nil

Absent: Cr G Taylor, Cr S Romano

5.4 Request for Financial Assistance - Event Sponsorship Funding Round 2 - Events 1 October to 31 December 2021

TRIM Reference: 2021/2308

RESOLVED - 21/426 Cr S Nugent/Cr T Mileto

That Council resolves:

1 That funding of $5,000 be made from the Event Sponsorship Program to Book Orange for the Pre Loved Market Day event.

2 That Council's intention to donate $5,000 to Book Orange be placed on public exhibition for 28 days.

3 That Council's Chief Executive Officer be given delegation to finalise determination for the Event Sponsorship to Book Orange post exhibition.

For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,

Cr J Whitton

Against: Nil

Absent: Cr G Taylor, Cr S Romano

5.5 Delegations to the CEO 04 December 2021 - 01 February 2022

TRIM Reference: 2021/2277

RESOLVED - 21/427 Cr R Kidd/Cr T Mileto

That Council resolves to delegate any permissible delegable function under the Local Government Act 1993 to the Chief Executive Officer (those delegations currently in place) for the period 05 December 2021 through to the first meeting of the new Council which is currently scheduled for 01 February 2021.

For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,

Cr J Whitton

Against: Nil

Absent: Cr G Taylor, Cr S Romano

5.6 Development of the Safe and Secure Water Program - Cabonne, Orange and Central Tablelands Water - Regional Town Water Strategy

TRIM Reference: 2021/2314

RESOLVED - 21/428 Cr T Mileto/Cr S Munro

That Council:

1 Note the report on the project “Development of the Safe and Secure Water Program – Orange City Council, Cabonne Council and Central Tablelands Water Regional Town Water Strategy (SSWP270)”.

2 Agree to sign the Memorandum of Understanding (draft included in this report D21/65347) for the project “Development of the Safe and Secure Water Program – Orange City Council, Cabonne Council and Central Tablelands Water Regional Town Water Strategy (SSWP270)”.

For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,

Cr J Whitton

Against: Nil

Absent: Cr G Taylor, Cr S Romano

5.7 Northern Distributor Road/Telopea Way Roundabout concept

TRIM Reference: 2021/2452

RESOLVED - 21/429 Cr S Nugent/Cr T Mileto

That Council note the concept designs and the body of the report.

For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,

Cr J Whitton

Against: Nil

Absent: Cr G Taylor, Cr S Romano

Cr Hamling asked if the intersection of NDR and Clergate Road is going to be looked at.

The Director Technical Services responded by saying its part of our Developer Contributions Plan that we are running parallel with the Local Housing Strategy (LHS) and through these instruments it will be reviewed.

Cr Whitton asked Council knocked back a development because of the ingress/egress off the distributor, is that something that could possibly be alleviated in the future and that business will have ingress/egress off the NDR.

The Director Technical Services said that yes potentially, although it would require a modification to the current consent.

5.8 Future City Assistance Fund - Round 2 - Delegation to Chief Executive Officer

TRIM Reference: 2021/2461

RESOLVED - 21/430 Cr S Nugent/Cr T Mileto

1 That the Chief Executive Officer be given a temporary delegation to approve two applications under the Future City Assistance Fund - Round 2 (as in Resolution 21/367) under section 377(1A) of the Local Government Act 1993 if no submissions against these applications are received from the exhibition of them ending on 5 November 2021.

2 That the Chief Executive Officer be given a temporary delegation to determine applications received under the Future City Assistance Fund from 3 November 2021 until the new Council's first meeting in 2022 under section 377(1A) of the Local Government Act 1993 and in the line with the Future City Assistance Fund Guidelines.

For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,

Cr J Whitton

Against: Nil

Absent: Cr G Taylor, Cr S Romano

5.9 Central Tablelands Ecosystems Park - NDR Sports Precinct site

TRIM Reference: 2021/2481

RESOLVED - 21/431 Cr J Whitton/Cr J Hamling

That the concept plan, cross sections and 3d images of the proposed Central Tablelands Ecosystems Park – NDR zone be noted.

For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,

Cr J Whitton

Against: Nil

Absent: Cr G Taylor, Cr S Romano

5.10 Fees and Charges - Carl Sharpe Cricket Centre and Anson Street OSHC

TRIM Reference: 2021/2511

MOTION Cr K Duffy

That Council resolves to approve the amended fees and charges for the following:

1 Carle Sharpe Cricket Centre

2 Anson Street Out of School Hours Care (OSHC)

if no submissions against these applications are received from the exhibition of them ending on 15 November 2021.

If any submissions are received for either 1 or 2 above then the fees and charges for that venue will be brought back to the new Council in February/March 2022.

AMENDMENT Cr R Kidd/Cr J Hamling

That Council:

1 Withdraws item 1 Carle Sharpe Cricket Centre fees and charges to examine submissions received and the matter be brought back to council in February/ March 2022.

2 If no submissions are brought back for item 2 Anson Street Out of School Hours Care Council resolves to approve the amended fees and charges.

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

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

RESOLVED - 21/432 Cr R Kidd/Cr J Hamling

That Council:

1 Withdraws item 1 Carle Sharpe Cricket Centre fees and charges to examine submissions received and the matter be brought back to council in February/ March 2022.

2 If no submissions are brought back for item 2 Anson Street Out of School Hours Care Council resolves to approve the amended fees and charges.

For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,

Cr J Whitton

Against: Nil

Absent: Cr G Taylor, Cr S Romano

The Chief Executive Officer pointed out that the original Recommendation stated “if there were no submissions” and Council has now received 2 submissions on this Carle Sharpe Cricket Centre Fees matter.

5.11 Waiving of Fees - Public Amenity

TRIM Reference: 2021/2512

RESOLVED - 21/433 Cr J Hamling/Cr S Nugent

That Council waive the S64 Fees payable by Orange Waratahs Sports Club Limited for DA 114/2016(3) for the construction of public toilets and change room in the amount of $20,394.23 ex GST.

For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,

Cr J Whitton

Against: Nil

Absent: Cr G Taylor, Cr S Romano

5.12 Grant Funding Income

TRIM Reference: 2021/2253

RESOLVED - 21/434 Cr R Kidd/Cr K Duffy

That Council note the report on State and Federal Government funding received during the current Council Term 2017 – November 2021.

For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,

Cr J Whitton

Against: Nil

Absent: Cr G Taylor, Cr S Romano

5.13 Reallocation of Funding For Cricket Field of Play Fencing

TRIM Reference: 2021/2445

MOTION Cr J Hamling/Cr T Mileto

That funding for installation of a picket fence at the Spring Hill Cricket Ground be reallocated to installation of a picket fence at Riawena Oval.

AMENDMENT Cr R Kidd/Cr S Munro

That this item be deferred so the Mayor can discuss with the Chief Executive Officer and a report to come back to the Council meeting of 16 November 2021 for discussion. Resolution of allocation of funds for the fencing to be decided by the new Council in February 2022.

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

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

RESOLVED - 21/435 Cr R Kidd/Cr S Munro

For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,

Cr J Whitton

Against: Nil

Absent: Cr G Taylor, Cr S Romano

Cr Hamling asked how much would it cost to build the picket fence

The Director Community Recreation and Cultural Services responded by saying it was $104,000 and this would be the same for Riawena Oval

Cr Hamling asked why did the Spring Hill people not want the picket fence

The Director Community Recreation and Cultural Services responded by saying he did not know

Cr Hamling commented that he thought if there were monies left over from Riawena Oval maybe these funds could be used for lighting on Jack Brabham Oval

Cr Mileto asked the question is there money in the budget to complete lighting at Jack Brabham Oval

The Director Community Recreation and Cultural Services responded by saying that there is no budget item for the lights in this year’s budget

The Chief Executive Officer confirmed that this was correct

The Chief Executive Officer informed the meeting that Council had received a submission regarding Item 6.1 – Small Donations Program 2021/2022 - Reconsideration of Deferred Request for Financial Assistance from Round 2 - Darryl Hair of Orange Community Broadcasters Group sent an email addressed to the Chief Executive Officer – noting item 6.1 to be considered in Closed Council and also noted that their application had no valid reason to be considered in Closed Council and that it be removed and placed into Open Council. It is up to Council to resolve to discuss in Open or Closed Council.

RESOLVED - 21/436 Cr S Nugent/Cr S Munro

That Council discuss Item 6.1 – Small Donations Program 2021/2022 - Reconsideration of Deferred Request for Financial Assistance from Round 2 in open Council.

For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,

Cr J Whitton

Against: Nil

Absent: Cr G Taylor, Cr S Romano

6.1 Small Donations Program 2021/2022 - Reconsideration of Deferred Request for Financial Assistance from Round 2

TRIM Reference: 2021/2169

RESOLVED - 21/437 Cr R Kidd/Cr S Munro

That a donation of $2,500.00 be made from the Small Donations Program to Orange Community Broadcasters Ltd for Equipment Purchase (for assisting to provide a Community Service (community broadcasting)).

For: Cr R Kidd, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner, Cr J Whitton

Against: Cr K Duffy

Absent: Cr G Taylor, Cr S Romano

Cr Mileto asked is there any reason why we shouldn’t be supporting the grant application and on what grounds

The Chief Executive Officer commented that the original recommendation was for the donation to be made, there was no objection from staff

Cr Whitton asked what due diligence do we do on the donation – do we get a receipt

The Chief Executive Officer responded saying that Council would acquittal of the monies

Cr Duffy asked what is the rental of this property and what would it be worth per week in the market

The Chief Executive Officer said that generally speaking the space occupied by Community Broadcasters would rent for approximately $660 - $800 per week

The Director of Corporate and Commercial Services commented that it would be leased for less than $500 when looking at our Commercial leasing arrangements

Cr Duffy asked is what they are asking for necessary

The Director of Corporate and Commercial Services commented that it was a necessary piece of equipment

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 further 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.

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 THIS ITEM WAS RESOLVED TO BE DISCUSSED IN OPEN COUNCIL

Small Donations Program 2021/2022 - Reconsideration of Deferred Request for Financial Assistance from Round 2

6.2 Lease clubhouse at Moulder Park

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 Lease - Orange Regional Museum Cafe

6.4 Acquisition Part Lot 193 DP 756899 Stage 4 Southern Feeder Road

6.5 Tender - Construction of the Southern Feeder Road Stage 4 and Shiralee Collector Road Stage 5

6.6 Proposed sale 94 Woodward Street - Lots 12 and 13 DP 1248554 and Lot 4 Section 1 DP 6662

6.7 Submission Redactions November 2021

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 Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 9.50pm.

The Mayor declared the Ordinary Meeting of Council resumed at 9.58pm.

7 Resolutions from Closed Meeting

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

6.1 Small Donations Program 2021/2022 - Reconsideration of Deferred Request for Financial Assistance from Round 2

TRIM Reference: 2021/2169

tHIS ITEM WAS REMOVED FROM CLOSED COUNCIL AND DISCUSSED IN OPEN COUNCIL.

6.2 Lease clubhouse at Moulder Park

TRIM Reference: 2021/2353

RESOLVED - 21/438 Cr S Munro/Cr J Whitton

1 The Council proceed to enter into a lease of the former netball building with the Orange Local Aboriginal Land Council.

2 That permission be granted for the use of the common seal on all necessary documentation in relation to the lease.

For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,

Cr J Whitton

Against: Nil

Absent: Cr G Taylor, Cr S Romano

6.3 Lease - Orange Regional Museum Cafe

TRIM Reference: 2021/2426

RESOLVED - 21/439 Cr J Hamling/Cr J Whitton

1 That Council resolves to adopt lease option 2.

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

For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,

Cr J Whitton

Against: Nil

Absent: Cr G Taylor, Cr S Romano

6.4 Acquisition Part Lot 193 DP 756899 Stage 4 Southern Feeder Road

TRIM Reference: 2021/2427

RESOLVED - 21/440 Cr S Nugent/Cr J Whitton

That Council resolves:

1 That Council acquire approximately 477.1 m² of Lot 193 DP 756899 under the voluntary provisions of the Land Acquisitions (Just Terms Compensation) Act 1991.

2 That the Chief Executive Officer be authorised to finalise the acquisition.

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

For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,

Cr J Whitton

Against: Nil

Absent: Cr G Taylor, Cr S Romano

6.5 Tender - Construction of the Southern Feeder Road Stage 4 and Shiralee Collector Road Stage 5

TRIM Reference: 2021/2449

RESOLVED - 21/441 Cr S Munro/Cr J Hamling

1 That Council declines to accept any tender for the Construction of the Southern Feeder Road Stage 4 and Shiralee Collector Road Stage 5 – F3718, as a result of all tender submissions exceeding the available funds for this project and all submissions containing qualifications and non-conformances.

2 That Council enters into negotiations with each of the contractors that attended the pre-tender meeting with a view to revising the project scope and risk to achieve cost savings to deliver the Southern Feeder Road Stage 4 and Shiralee Collector Road Stage 5 in part or in full.

3 That Council explores additional funding that may be able to address any shortfall in the construction of the Southern Feeder Road Stage 4.

For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,

Cr J Whitton

Against: Nil

Absent: Cr G Taylor, Cr S Romano

Cr Duffy asked Stage 5 be the roundabout at Escort Way/NDR and Ploughmans Lane?

Director Technical Services answered by saying that the stage 5 in the above recommendation is stage 5 of Shiralee Collector Road and not the Southern Feeder Road. There is a standing order to start from the NDR/Escort Way end after completion of the SFR through to the Pinnacle Rd.

6.6 Proposed sale 94 Woodward Street - Lots 12 and 13 DP 1248554 and Lot 4 Section 1 DP 6662

TRIM Reference: 2021/2455

RESOLVED - 21/442 Cr J Hamling/Cr R Kidd

That Council resolves:

1 To subdivide 94 Woodward Street into three separate lots in the terms contained in this report.

2 To advertise the property for sale in the terms contained in this report.

For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,

Cr J Whitton

Against: Nil

Absent: Cr G Taylor, Cr S Romano

6.7 Submission Redactions November 2021

TRIM Reference: 2021/2469

RESOLVED - 21/443 Cr S Nugent/Cr K Duffy

That the information in this report be acknowledged.

For: Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr S Munro, Cr T Mileto, Cr R Turner,

Cr J Whitton

Against: Nil

Absent: Cr G Taylor, Cr S Romano

The Meeting Closed at 10.00pm.

This is Page Number 16 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 2 November 2021.

Planning and Development Committee 16 November 2021

Attachment 1 PDC Minutes, 2 November 2021

ORANGE CITY COUNCIL

MINUTES OF THE

Planning and Development Committee

HELD IN OCTEC Builing, Old Town Hall, Cnr Byng Street and Anson Streets, Orange

ON 2 November 2021

COMMENCING AT 7.34pm

1 Introduction

Attendance

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

APOLOGIES AND LEAVE OF ABSENCE

RESOLVED - 21/398 Cr J Whitton/Cr J Hamling

That the apologies be accepted from Cr G Taylor for the Planning and Development Committee of Orange City Council on 2 November 2021.

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

Nil

2 General Reports

2.1 Items Approved Under the Delegated Authority of Council

TRIM Reference: 2021/2210

RESOLVED - 21/399 Cr J Whitton/Cr J Hamling

That Council resolves to acknowledge the information provided in the report by the Manager Development Assessments on Items Approved Under the Delegated Authority of Council.

For: Cr R Turner, Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Munro, Cr S Nugent,

Cr S Romano, Cr J Whitton

Against: Nil

Absent: Cr G Taylor

2.2 Development Application DA 242/2021(1) - 98 Dalton Street

TRIM Reference: 2021/1498

MOTION Cr S Munro/Cr S Nugent

That Council consents to development application DA 242/2021(1) for Dual Occupancy (change of use from existing dwelling and Secondary Dwelling) and Subdivision (two lot residential) at Lot 6 DP 1932 - 98 Dalton Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.

AMENDMENT Cr K Duffy/Cr J Whitton

That this item be withdrawn and brought back to Council in February 2022.

THE AMENDMENT ON BEING PUT TO THE MEETING WAS LOST.

the motion on being put to the meeting was carried.

RESOLVED - 21/400 Cr S Munro/Cr S Nugent

For: Cr R Turner, Cr R Kidd, , Cr J Hamling, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr S Romano, Cr J Whitton

Against: Cr K Duffy

Absent: Cr G Taylor

Cr Nugent – boundary issues needing clarification – can that boundary clarification be done in the process, before the DA or after the DA has been approved?

Acting Director Development Services responded by saying that there is no impediment to the neighbours as far as access or egress.

Cr Whitton asked as part of the Conditions we have to do a survey of the site to figure out where the boundaries are, is this correct?

Acting Director Development Services responded, yes.

2.3 Development Application DA 423/2019(3) - 643 Mitchell Highway

TRIM Reference: 2021/2012

MOTION Cr R Kidd/Cr S Nugent

That Council:

1 1 Determine whether or not it makes a submission on the application to the Western Regional Planning Panel.

AMENDMENT Cr R Kidd/Cr T Mileto

That Council makes a submission on the application to the Western Region Planning Panel objecting to the proposal to extend the maximum period of the lifespan of the approved solar farm from 25 years to 35 years.

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

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED.

RESOLVED - 21/401 Cr R Kidd/Cr T Mileto

For: Cr R Turner, Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Munro, Cr S Romano,

Cr J Whitton

Against: Cr S Nugent

Absent: Cr G Taylor

Cr Nugent asked in terms of the Local Housing Strategy (LHS) the land this will be built on is not included in the LHS or required for housing development for the next 20 years – so it will be a number of years after that that it may be required for housing development. 2. Last year the staff recommendation was to approve the development for 35 years and was a decision by WRPP to reduce it to 25 years. Please clarify.

The Acting Director Development Services responded saying that the site of the solar farm is Included in the current Local Housing Strategy but is excluded in the Draft Local Housing Strategy that Council recently considered for the purposes of proceeding to public exhibition. It was acknowledged that the draft housing strategy was anticipated to cater for residential development for the next 20 years. The Acting Director of Development Services confirmed that the staff recommendation on the initial development recommended approval of the development for 35 years and that the Western JRPP altered the condition in determining the matter to limit the life span of the development to 25 years.

2.4 Orange Local Environmental Plan - Amendment 33 - Rosedale Gardens

TRIM Reference: 2021/2345

RESOLVED - 21/402 Cr J Hamling/Cr S Nugent

1 That Council advise the proponent of the need for the Planning Proposal to retain the Urban Release Area designation pending preparation and adoption of the following documents that must address the matters raised in this report to the satisfaction of Council:

· A site specific Development Control Plan incorporating the matters in the attached Rosedale Gardens DCP scope of works required document, and

· A site specific Development Contributions Plan or inclusion within a review of the LGA wide contributions plan

2 That staff forward the Planning Proposal to the Department of Planning, Industry and Environment requesting a Gateway Determination, with the recommendation that:

· The Planning Proposal be required to retain the current Urban Release Area designation,

· The steepest portions of the site, being areas with a slope exceeding 20%, be added to Schedule 5 of SEPP (Exempt and Complying Development Codes) to reduce the risk of landslip potential arising from inappropriate development, and

· Council requests any Gateway Determination confirm the preferred mechanism for capping the site at 700 residential lots (excluding any lots created for non-residential purposes, such as open space dedications and the like).

· Should the Gateway seek substantive changes to the proposal that Council be provided the opportunity to further review and consider such changes before proceeding further.

3 That upon receipt of a Gateway Determination staff proceed with any relevant conditions, consultations and exhibitions required before reporting the matter back to Council.

For: Cr R Turner, Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Munro, Cr S Nugent,

Cr S Romano, Cr J Whitton

Against: Nil

Absent: Cr G Taylor

Cr Kidd asked this development has gone from 450 lots to 700 do we need to make sure we have services to those houses, electricity sewerage etc

The Chief Executive Officer responded by saying this is still their vision and at this early stage we do not have that sort of detail

Cr Duffy commented that he had major concern with access roads and asked will it fit into the infrastructure we have planned going out towards CSU and will they be adequately done

The Chief Executive Officer responded by saying that Council would engage with other agencies through the process including RMS - given the increase of lot yield, water harvesting will this detract from the yield.

Director Technical Services responded by saying that one of the requirements of the subdivision code is that all new roads constructed within a subdivision will be tested prior to sealing with a Benkelman Beam. This tests deflection of the pavement and highlights anything from poor design, poor materials or poor construction techniques. Developer Contributions will be collected to support the upgrade of Clergate Road and Leeds Parade. It is still the developers intent to be Water Neutral and the intensification of lots from 450 to 700 will increase the amount of hard surfaces available to collect stormwater from and will be a design consideration. Sewering the lots will also be a design consideration. There is already extensive water infrastructure in place to service the previous abattoir that will be adequate to supply water, however a water tower will most likely be required to supply adequate pressure to some parts of the proposed development and will be a design consideration.

Cr Nugent asked how this relates to the LHS, this land is included in the LHS and would it be 450 lot yield, does this impact on other greenfield sites

The Chief Executive Officer responded and said that Council actually allowed for this in the Strategy

Cr Duffy asked is the land owned by the developer, not anyone else

Director Technical Services answered yes its owned by the developer

2.5 Changes to short-term rental accommodation (STRA) Report/Fact Sheet

TRIM Reference: 2021/2155

MOTION Cr R Turner/Cr T Mileto

1 That the contents of the report be noted.

2 That Council permit the opportunity for non-hosted short term rental accommodation to operate within the City 365 days a year.

AMENDMENT Cr S Nugent/Cr T Mileto

That Council defer this item so that more information can be provided to Council on the impact on rental property availability.

THE AMENDMENT ON BEING PUT TO THE MEETING WAS LOST.

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED.

RESOLVED - 21/403 Cr K Duffy/Cr R Kidd

1 That the contents of the report be noted.

2 That Council permit the opportunity for non-hosted short term rental accommodation to operate within the City 365 days a year.

For: Cr R Turner, Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Munro, Cr S Romano,

Cr J Whitton

Against: Cr S Nugent

Absent: Cr G Taylor

2.6 Development Application DA 408/2021(1) - 149-153 Summer Street

TRIM Reference: 2021/2368

RESOLVED - 21/404 Cr J Hamling/Cr S Munro

That Council consents to development application DA 408/2021(1) for Artisan Food and Drink Industry (brewery and taproom; change of use, minor demolition, construction and fitout works); Business Identification Signage (wall sign) at Lot 10 DP 12353, Lot C DP 89704, Lot 1 DP 996128, Lot 781 DP 11804048 149-153 Summer Street, 215-223 Anson Street and 40 Sale Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.

For: Cr R Turner, Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Munro, Cr S Nugent,

Cr S Romano, Cr J Whitton

Against: Nil

Absent: Cr G Taylor

2.7 Development Application DA 368/2021(1) - 24 Cedar Street

TRIM Reference: 2021/2369

RESOLVED - 21/405 Cr S Nugent/Cr S Munro

That Council consents to development application DA 368/2021(1) for Dwelling, Attached Carport and Detached Garage at Lot 13 DP 271090 – 24 Cedar Street, Orange, pursuant to the conditions of consent in the attached Notice of Approval.

For: Cr R Turner, Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Munro, Cr S Nugent,

Cr S Romano, Cr J Whitton

Against: Nil

Absent: Cr G Taylor

2.8 Development Application DA 390/2021(1) - 1610 and Lot 209 Forest Road

TRIM Reference: 2021/2372

RESOLVED - 21/406 Cr R Kidd/Cr S Munro

That Council:

1 makes a positive submission on the application to the Western Regional Planning Panel.

For: Cr R Turner, Cr R Kidd, Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Munro, Cr S Romano, Cr J Whitton

Against: Cr S Nugent

Absent: Cr G Taylor

Cr Romano left the meeting at 8.28pm.

The Meeting Closed at 8.28pm.

Council Meeting 16 November 2021

5.2 Future City Assistance Fund - Round 2 (September 2021) - Post Exhibition Report

RECORD NUMBER: 2021/2291

AUTHOR: Catherine Davis, Acting Manager Corporate Governance

EXECUTIVE Summary

The financial assistance applications for round 2 of the Future City Assistance Fund have been placed on public exhibition (Resolution 21/367 of 5 October 2021). There were no submissions received. It is recommended that Council approve the funding listed in the report.

Council has in place Future City Assistance Fund Guidelines to assess applications received under this Fund. Applications are open in several rounds in the current and the next one or two financial years. This report is the assessment of the applications received in Round 2 (September 2021).

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “9.4 Preserve - Develop a vibrant civic and commercial precinct as a centre for the community”.

Financial Implications

Future City Assistance Fund $200,000.00	Actual/ committed
Cost of technical guidance (October 2020)	$2,220.00
Round 1	$16,955.16
Total Actual/Committed	$19,175.16
Remaining Balance	$180,824.84

Policy and Governance Implications

Nil

Recommendation

That Council resolves funding for Round 2 (September 2021) Future City Assistance Fund as follows:

That Council resolves:

1 To provide financial assistance of $1,805.00 (ex-GST) from the Future City Assistance Fund to the Greek Community of Orange and District (Refurbishment of Façade – 46 McNamara Street, Orange).

2 To provide financial assistance of $5,000.00 (ex GST) from the Future City Assistance Fund to 2nd Orange Scout Club (Refurbishment of Façade – 94 Kite Street, Orange).

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 remaining balance of the Future City Assistance Fund is $197,780.00.

Summary

No	Applicant	$Request (ex GST)	$Recommended
FC5	Greek Community of Orange and District (46 McNamara Street)	$1,805.00	$1,805.00
FC6	2nd Orange Scout Group (94 Kite Street)	$6,800.00	$5,000.00
	TOTALS	$8,605.00	$6,805.00

If the recommendations above are approved, $180,824.84 will be the remaining balance in the Future City Assistance Fund.

The works proposed are consistent with guidelines. The guidelines do suggest that the proponents source two quotes, however it has been advised that there was some difficulty in securing quotations. This may have also limited the number of applications Council has received, which is the reasoning behind extending the application period to 31 December 2021 as part 5 of the above recommendation.

Level of Funding Available - the maximum level (on average) will be $5,000.00; greater funding to a maximum of $10,000.00 may be made if the circumstances warrant.

Application No FC5

Greek Community of Orange and District

Purpose of the Request

Refurbishment of Front Façade - Greek Community Hall - 46 McNamara Street, Orange

The work involves painting of the front facade.

Amount Requested

$1,805.00 (ex GST) - which greater than 50% of the total project cost of $3,610.00 (ex GST).

Two quotations from Orange trades were attached to the application.

Comment and Recommendation

In line with the policy. $1,805.00 (ex GST) recommended.

Application No FC6

2nd Orange Scout Group

Purpose of the Request

Refurbishment of Front Façade - Scout Hall - 94 Kite Street, Orange

The work will involve exterior painting to the main building heritage.

Amount Requested

6,800.00 - which greater than 50% of the total project cost of $11,970.00 (ex GST).

Two quotations from Orange trades were attached to the application.

Comment and Recommendation

In line with the policy. $5,000 (ex GST) recommended.

Attachments

1 Future City Assistance Fund - Round 2 (September) Greek Community, D21/62187 ⇩

2 Future City Assistance Fund - Round 2 (September) Orange Scout Club, D21/62188 ⇩

Council Meeting 16 November 2021

5.3 Annual Waste Diversion and Education Strategy Implementation-2020/2021

RECORD NUMBER: 2021/2533

AUTHOR: Wayne Davis, Manager Waste Services and Technical Support

EXECUTIVE Summary

Prior to the adoption of the current Domestic Waste and Recycling contract, Council undertook a trial with the community for a fortnightly waste collection. The results were considered by Council at its meeting of 16 February 2016 and resolved the following:

“RESOLVED - 16/049 Cr J Davis/Cr R Kidd

1 That Council adopt a weekly waste collection service frequency for municipal solid waste (red lid waste bin) collection for up to five years of the new NetWaste Waste Services Contract.

2 That Council increase expenditure by $30,000 per annum to implement a comprehensive and ongoing education program to increase waste diversion rates to 70% by 2021, with progress towards this target to be the subject of an annual report to Council.

3 That, subject to Council not being able to achieve the State Government’s required 70% waste diversion target by 2021, or being directed by the State Government to achieve this, Council retain an option to re-negotiate the NetWaste Waste Services Contract within five years to include fortnightly waste collection service frequency to assist in achieving the required 70% waste diversion target. In this circumstance, the matter be brought back to Council.

4 That authority be given to the General Manager to conclude contractual requirements for the NetWaste Waste Services Contract.

5 That approval be granted for the Council Seal to be affixed to relevant documents.”

Link To Delivery/OPerational Plan

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

Financial Implications

The implementation of all activities within the Strategy are funded as follows:

Council commitment to waste diversion	$ 30,000
Commitment within Orange Food and Garden Organics Contract	$ 50,000
Commitment within NetWaste Joint Recycling Contract	$ 50,000
Total Annual Funds	$130,000

Policy and Governance Implications

Nil

Recommendation

That the information provided in the report on Annual Waste Diversion and Education Strategy Implementation-2020/2021 be acknowledged.

further considerations

SUPPORTING INFORMATION

In July 2016, Orange City Council developed a five year Waste Diversion Education Strategy 2016-2021 entitled “Engaging the Community in Waste Minimisation and Resource Recovery”. The Strategy acts as a guide to achieving a reduction in waste to landfill and diversion of recyclable materials within the Orange community.

This report provides a brief overview of actions undertaken within the 2020/21 year to assess data and implement behaviour change initiatives as Orange City Council works towards the achievement of Key Result Areas and Targets outlined in the NSW Waste and Resource Recovery Strategy 2014-21 (NSW WARR). Key result areas follow:

Key Result Area 1 Avoid and reduce waste generation

Key Result Area 2 Increase recycling

Key Result Area 3 Divert more waste from landfill

Key Result Area 4 Manage problem waste better

Key Result Area 5 Reduce litter

Key Result Area 6 Reduce illegal dumping.

Targets within the NSW WARR Strategy:

Key Result Area 1 - By 2021, reduce the rate of waste generation per capita

Key Result Area 2 – By 2021-22 increase recycling rates for:

· Municipal solid waste (MSW) to 70%

· Commercial and industrial waste (C & I) to 70%

· Construction and demolition waste (C & D) to 80%.

Key Result Area 3 – By 2021, increase the waste diverted from landfill to 75%.

2020/21 Waste Diversion Plan Initiatives and Data Results

The attached two reports have been prepared by Council’s engaged Consultant EnviroCom for information and summarises Waste Education initiatives and Waste Stream Management activities undertaken in the 2020/21 year with resulting waste diversion statistics.

The headline results from the Waste Diversion Summary Report following assessment of weighbridge data and compositional assessments of waste streams demonstrate the following material generation and diversion rates:

· Waste generation per capita: 1.53t/pp/year

· Municipal solid waste: 59% diverted

· Commercial and Industrial waste: 26% diverted

· Construction and Demolition waste: 58% diverted

Organic materials represented the primary diversion activity at the site, the bulk of which was from log and garden material drop offs to site. The sector responsible for the largest mass of diversion remains the residential sector, with 73% of all diverted materials presented from this sector. In addition, approximately 13% of the observed diversion is generated from within the commercial and industrial sector.

Commingled recycling represented 23% of the diversion on site. Clean fill contributed approximately 18% of onsite diversion. Bricks, concrete and steel recovery were observed to represent a further 4% of onsite diversions.

Table One on page 2 of the Waste Diversion Summary Report provides a comparative waste generation and diversion achievement across the Municipal, Commercial & Industrial and Construction and Demolition sectors over the past 6 years. The overall percentage of wastes diverted from landfill for the 2020/21 year was 51%. The year saw a higher waste generation per capita than the previous two years, however, this years’ figure was lower than the first three years of assessment (2016-2018). Pleasingly, an increase in waste diversion from landfill was achieved in this years’ assessment when compared with the previous two years, making it the second best resource recovery percentage to date.

The attached Summary Report “Engaging the Community in Waste Minimisation and Resource Recovery” is produced as part of the five year Waste Diversion Education Strategy 2016-2021. It provides an overview of actions undertaken focused on behaviour change initiatives fulfilled either through the Orange Food and Garden Organics Contract; NetWaste Joint Recycling Contract and the Council funded Waste Diversion Education Strategy waste education plan.

Council will continue to work with its consultant and the community on initiatives to improve on reducing the overall waste volumes sent to landfill for the remaining term of the 10 year domestic waste and recycling contract (2016-2026).

Attachments

1 Waste Diversion Summary 2020-2021 - Final Report - October 2021, D21/69548 ⇩

2 Summary - Engaging the Community in Waste Minimisation and Resource Recovery, D21/69550 ⇩

Council Meeting 16 November 2021

5.5 Statement of Investments - October 2021

TRIM REFERENCE: 2021/2548

AUTHOR: Julie Murray, Financial Accountant

EXECUTIVE SUMMARY

The purpose of this report is to provide a statement of Council’s investments held as at 31 October 2021.

Link To Delivery/OPerational Plan

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

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

That Council resolves:

1 To note the Statement of Investments as at 31 October 2021.

2 To adopt the certification of the Responsible Accounting Officer.

further considerations

SUPPORTING INFORMATION

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

As at 31 October 2021, the investments held by Council in each fund is shown below:

	31/10/2021	30/09/2021
General Fund	72,906,773.76	76,967,455.89
Water Fund	67,218,608.68	66,150,937.13
Sewer Fund	57,746,804.87	57,604,794.68
Total Funds	$197,872,187.31	$200,723,187.70

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

	31/10/2021	30/09/2021
Externally Restricted
- General Fund	30,835,026.93	30,791,609.18
- Water Fund	67,218,608.68	66,150,937.13
- Sewer Fund	57,746,804.87	57,604,794.68
Internally Restricted	29,689,243.00	29,689,243.00
Unrestricted	12,382,503.83	16,486,603.71
Total Funds	$197,872,187.31	$200,723,187.70

Externally restricted funds are those funds that have been received for a specific purpose and may only be used for the purpose that they have been received, for example, the money received for Water access and usage charges by legislation are only available to be spent for the operation, maintenance and expansion of the Water supply network.

Internally restricted funds are those that Council has earmarked for a particular purpose, but Council also has the ability to have that purpose changed.

Unrestricted funds are those available for use to continue the day-to-day operations of Council, made up of General Fund investments and cash only.

The unrestricted cash position movements during the month are normal as projects commence and income is received. Movements may also arise following processing of income received between funds or into restricted assets to appropriately allocate for the purposes Council has determined. Council’s cash flow is monitored daily and some investments may be redeemed rather than rolled over to support operational requirements.

Portfolio Advice

Council utilises the services of an independent investment advisor in maintaining its portfolio of investments. Council’s current investment advisor is Imperium Markets, an independent asset consultant that works with wholesale investors to develop, implement and manage their investment portfolio. Imperium Markets is a leading provider of independent investment consulting services to a broad range of institutional investors including government agencies, superannuation funds and not-for-profit organisations.

Imperium Markets major services provided to Council include:

· Quarterly portfolio summary reports

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

· Advice on policy construction

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

Portfolio Performance

Council’s current Long Term Financial Plan establishes the benchmark for Council’s interest on investments at “75 basis points above the current cash rate”. The cash rate as at 31 October 2021 remained at 0.10 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 0.91 per cent which continues to exceed Council’s benchmark i.e., the cash rate of 0.10 per cent plus 0.75 per cent (or 85 basis points).

Council has also utilised the AusBond Bank Bill Index to provide a further benchmark focused on long term investments. As of 31 October 2021, the AusBond rate was 0.90 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 0.91 per cent.

Council’s Investment Policy establishes limits in relation to the maturity terms of Council’s investments as well as the credit ratings of the institutions with whom Council can invest.

The following tables provide a dissection of Council’s investment portfolio as required by the Policy. The Policy identifies the maximum amount that can be held in a variety of investment products or with institutions based on their respective credit ratings.

Table 1 shows the percentage held by Council (holdings) and the additional amount that Council could hold (capacity) for each term to maturity allocation in accordance with limits established by Council’s Policy.

Table 1: Maturity – Term Limits

Term to Maturity Allocation	Maximum	Holding	Remaining Capacity
0 - 3 Months	100.00%	17.16%	82.84%
3 - 12 Months	100.00%	37.11%	62.89%
1 - 2 Years	70.00%	12.25%	57.75%
2 - 5 Years	50.00%	33.48%	16.52%
>5 Years	25.00%	0.00%	25.00%

Table 2 shows the total amount held, and the weighted average interest rate (or return on investment), by credit rating. The credit rating is an independent opinion of the capability and willingness of a financial institution to repay its debts, or in other words, the providers’ financial strength or creditworthiness. The rating is typically calculated as the likelihood of a failure occurring over a given period, with the higher rating (AAA) being superior due to having a lower chance of default. However, it is generally accepted that this lower risk will be accompanied by a lower return on investment.

The level of money held in the bank accounts has been added to the table to illustrate the ability of Council to cover the operational liabilities that typically occur (for example payroll, materials and contracts, utilities).

Table 2: Credit Rating Limits

Credit Rating	Maximum	Holding	Remaining Capacity	Value	Return on Investment
Bank Accounts	100.00%	11.08%	88.92%	$21,920,263.86	0.10%
AAA	100.00%	0.00%	100.00%	N/A	N/A
AA	100.00%	48.90%	51.10%	$96,756,160.00	0.93%
A	60.00%	16.92%	43.08%	$33,470,383.56	0.94%
BBB & NR	40.00%	23.11%	16.89%	$45,725,379.89	0.85%
Below BBB	0.00%	0.00%	0.00%	N/A	N/A

Certification by Responsible Accounting Officer

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

Council Meeting 16 November 2021

5.9 Council Sporting Amenities Asbestos Report

RECORD NUMBER: 2021/2653

AUTHOR: Ian Greenham, Director Technical Services

EXECUTIVE Summary

Cr Mileto requested a risk audit be provided to Council on the risk for all Council owned sporting amenity facilities with fibro/asbestos identifying a capital works list for repair. The below report outlines Council’s business as usual approach to asbestos repair and replacement. Worthy of mention are the two toilets replaced under the Resources for Regions Round 7 at Glenroi Oval and Perry Oval that may have given rise to the request for this report.

Link To Delivery/OPerational Plan

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

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

That the information contained in the report by Director Technical Services be acknowledged.

further considerations

SUPPORTING INFORMATION

A number of council sporting facilities have older buildings utilising some form of asbestos containing material (ACM). Per legislative requirements, these locations have been recorded within the OCC Asbestos Register, have appropriate ACM warning signage and a QR link to the asbestos register located on the OCC website. A full list of the sporting sites locations in the Asbestos Register is below.

In managing this risk around ACM in sport facilities, the recommendations in Safework’s Code of Practice for Managing and Controlling Asbestos in the workplace are followed. Under these guidelines, asbestos that is good condition and undisturbed is deemed extremely low risk and safe to leave in situ. From a maintenance perspective, this level of safety is achieved by the undertaking of regular condition assessments and the programming of maintenance works well prior to any noticeable surface degradation. Importantly, the most common form of ACM found in these buildings is asbestos cement sheet. This material exhibits firmly bonded asbestos particles and is ranked in the least risky of all ACM products. Additionally, the surface can be maintained to a high level and sealed further through the application of paint.

In the event of ACM being damaged accidently or by acts of vandalism, where the material cannot be safely repaired it is removed and replaced by a non ACM alternative.

In addition to the on-going maintenance program, Councils annual asset management plans aim to continually remove and replace ACM through annually programming a relevant project that includes ACM removal.

Please see table below for a list of recent works to sports buildings that have included ACM maintenance or removal.

ACM Tables for Sporting Facilities:

Sporting Facilities – Asbestos Register Locations
Location	Street	Building	Component	Status	Condition/ Comment
Cutcliffe Park	Kenna Street	Amenities Block	Ceiling lining	Presumed Present	Cement Sheet. Paint/surface condition is deemed acceptable.
Elephant Park	Woodward Road	Amenities Block	Eaves	Presumed Present	Cement Sheet. Paint/surface condition is deemed acceptable. Eaves painted FY20/20.
Glenroi Hockey Centre	Moad Street	External	Eaves	Presumed Present	Cement Sheet. Paint/surface condition is deemed acceptable.
Glenroi Hockey Centre	Moad Street	Canteen	Ceilings	Presumed Present	Cement Sheet. Paint/surface condition is deemed acceptable.
Glenroi Hockey Centre	Moad Street	Store room	Ceilings	Presumed Present	Cement Sheet. Paint/surface condition is deemed acceptable.
Glenroi Hockey Centre	Moad Street	Pro-shop	Ceilings	Presumed Present	Cement Sheet. Paint/surface condition is deemed acceptable.
Moulder Park	Warrendine Street	Amenities block	Soffit	Presumed Present	Cement Sheet. Paint /surface condition is deemed acceptable.
Moulder Park	Anson Street	Netball building	Eaves	Presumed Present	Cement Sheet. Paint/surface condition is deemed acceptable.
Riaweena Oval	Kooronga Ave	External	Eaves	Presumed Present	Cement Sheet. Paint/surface condition is deemed acceptable.
Riaweena Oval	Kooronga Ave	External	Veranda/first floor	Presumed Present	Cement Sheet. Paint/surface condition is deemed acceptable.
Riaweena Oval	Kooronga Ave	External	Gable end and window infills.	Presumed Present	Cement Sheet. Paint /surface condition is deemed acceptable.
Sir Jack Brabham Park	Forest Road	External	Eaves	Presumed Present	Cement Sheet. Paint/surface condition is deemed acceptable.
Sir Jack Brabham Park	Forest Road	Male toilet	Fibro ceiling lining	Presumed Present	Cement Sheet. Paint/surface condition is deemed acceptable.
Sir Jack Brabham Park	Forest Road	Male change rooms	Fibro ceiling lining	Presumed Present	Cement Sheet. Paint/surface condition is deemed acceptable.
Sir Jack Brabham Park	Forest Road	Kiosk	Fibro ceiling lining	Presumed Present	Cement Sheet. Paint/surface condition is deemed acceptable.
Sir Jack Brabham Park	Forest Road	Female toilet	Fibro ceiling lining	Presumed Present	Cement Sheet. Paint/surface condition is deemed acceptable.
Sir Jack Brabham Park	Forest Road	Female change rooms	Fibro ceiling lining	Presumed Present	Cement Sheet. Paint/surface condition is deemed acceptable.
Sir Neville Howse stadium	2-9 Seymour Street	External Walls	Super 6 sheeting	Confirmed Present	Cement Sheet. Paint/surface condition is deemed acceptable. Programmed for sectional painting FY 21/22.
Sir Neville Howse stadium	2-9 Seymour Street	Roof	Super 6 sheeting	Confirmed Present	Cement Sheet. Paint /surface condition is deemed acceptable. Programmed for sectional painting FY 21/22.
Wade Park	Moulder Street	Cottage	External walls on the extension	Presumed Present	Cement Sheet. Paint/surface condition is deemed acceptable.
Wade Park	Moulder Street	Cottage - Study Int walls	Fibro wall lining	Presumed Present	Cement Sheet. Paint /surface condition is deemed acceptable.
Wade Park	Moulder Street	Grandstand - Male Toilet	Cement sheeting tiles ceiling	Presumed Present	Cement Sheet. Paint /surface condition is deemed acceptable. Painted FY20/20.
Wade Park	Moulder Street	Grandstand - Female Toilet	Cement sheeting tiles ceiling	Presumed Present	Cement Sheet. Paint /surface condition is deemed acceptable. Painted FY20/20.
Wade Park	Moulder Street	Grandstand – Office Store	Cement sheeting tiles ceiling	Presumed Present	Cement Sheet. Paint /surface condition is deemed acceptable. Painted FY20/20.
Wade Park	Moulder Street	Grandstand – Change Room	Cement sheeting tiles ceiling	Presumed Present	Cement Sheet. Paint /surface condition is deemed acceptable. Painted FY20/20.
Wade Park	Moulder Street	Grandstand - DB	Panel	Presumed Present	Cement Sheet. Paint /surface condition is deemed acceptable. Painted FY20/20.
Wade Park	Moulder Street	Grandstand- Ob Boxes	External wall sheeting - Fibro	Presumed Present	Cement Sheet. Paint /surface condition is deemed acceptable. Painted FY20/20.
Wade Park	Moulder Street	Grandstand – Ob Boxes	Internal wall lining - fibro	Presumed Present	Cement Sheet. Paint /surface condition is deemed acceptable. Painted FY20/20.
Wade Park	Moulder Street	Workshop – Gable over roller door	Fibro cladding	Presumed Present	Cement Sheet. Paint /surface condition is deemed acceptable.
Wade Park	Moulder Street	Workshop - Portico	Eave lining front porch	Presumed Present	Cement Sheet. Paint/surface condition is deemed acceptable.
Wade Park	Moulder Street	Workshop	Eaves	Presumed Present	Cement Sheet. Paint/surface condition is deemed acceptable.

Sporting Facilities – Recent ACM Maintenance and Removal Works
Location	Street	Building	Component	Works
Sir Jack Brabham Park	Huntley Rd	External	Eaves	Removed
Sir Jack Brabham Park	Huntley Rd	Male toilet	Male toilet Fibro ceiling lining	Removed
Sir Jack Brabham Park	Huntley Rd	Male change rooms	Fibro ceiling lining	Removed
Sir Jack Brabham Park	Huntley Rd	Female toilet	Fibro ceiling lining	Removed
Sir Jack Brabham Park	Huntley Rd	Female change rooms	Fibro ceiling lining	Removed
Sir Jack Brabham Park	Huntley Rd	Store	Fibro ceiling lining	Removed
Perry Oval	Clinton St	Amenities Block	Internal - Various	Removed
Elephant Park	Woodward Rd	Amenities Block	Eaves	Painted
Wade Park	Moulder Street	Betting Ring	Eaves/soffits	Removed
Wade Park	Moulder Street	Betting Ring	Ceiling	Removed
Wade Park	Moulder Street	Betting Ring	Infills around windows	Removed
Wade Park	Moulder Street	Betting Ring	Internal walls	Removed
Wade Park	Moulder Street	V.I.P Box	Soffit	Removed
Wade Park	Moulder Street	V.I.P Box	Basement Ceiling	Removed
Wade Park	Moulder Street	V.I.P Box	First floor ceiling	Removed
Wade Park	Moulder Street	V.I.P Box	First floor infills	Removed
Wade Park	Moulder Street	V.I.P Box	Third floor walls	Removed
Wade Park	Moulder Street	V.I.P Box	Third floor ceiling	Removed
Wade Park	Moulder Street	V.I.P Box	Internal Stairs walls	Removed
Wade Park	Moulder Street	V.I.P Box	Internal Stairs ceiling	Removed
Wade Park	Moulder Street	Grandstand - Male Toilet	Cement sheeting tiles ceiling	Painted
Wade Park	Moulder Street	Grandstand - Female Toilet	Cement sheeting tiles ceiling	Painted
Wade Park	Moulder Street	Grandstand – Office Store	Cement sheeting tiles ceiling	Painted
Wade Park	Moulder Street	Grandstand – Change Room	Cement sheeting tiles ceiling	Painted
Wade Park	Moulder Street	Grandstand - DB	Panel	Painted
Wade Park	Moulder Street	Grandstand - Ob Boxes	External wall sheeting - Fibro	Painted
Wade Park	Moulder Street	Grandstand - Ob Boxes	Internal wall lining - fibro	Painted
Sir Neville Howse stadium	2-9 Seymour Street	External Walls	Super 6 sheeting	Currently scoping sectional paint
Sir Neville Howse stadium	2-9 Seymour Street	Roof	Super 6 sheeting	Currently scoping sectional paint

Reference	Update
General	The amendment is in response to the federal government’s Cultural Gifts Program’s (CGP) requirements that our collection policy explicitly states that in the event of deaccessioning works acquired through the CGP that we will NOT offer the works back to the donor as a method of disposal.

Small Donations Program	Adopted Budget	Committed	Remaining
Round 1	$25,000.00	$25,000.00	$0.00
Round 2	$14,286.36	$14,286.36	$0.00
Round 3	$11,713.64	$0.00	$11,713.64
Round 4	$13,000.00	$0.00	$13,000.00
Educational Support (CSU Graduate Certificate in Community Leadership and Resilience Scholarship)	$12,000.00	$0.00	$12,000.00
Educational Recognition (Prize Giving for Year 12)	$4,000.00	$0.00	$4,000.00
Total	$80,000.00	$39,286.36	$40,713.64

No	Applicant	$Request	$Recommended
25	Anglicare	$1,000.00	$1,000.00
	Totals	$1,000.00	$1,000.00

Application No	25
Applicant	Anglicare Registered charity sighted on the Australian Charities and Not-for Profits Commission Register.
Assistance Would Support	Anglicare Out-of-Home Care (OOHC) provides foster care, adoption, adolescent residential care as well as youth and family assistance to children, young people and families. Assistance would provide an opportunity for children and carers in OOHC to celebrate Christmas in a safe and caring environment.
Amount Requested	$1,000.00.
Policy Category	Community Event
Category Maximum	$2,500.00.
Complies With Policy	Yes.
Recommendation	$1,000.00