ORANGE CITY COUNCIL
Ordinary Council Meeting
Agenda
3 February 2015
Notice
is hereby given, in accordance with the provisions of the Local Government Act
1993 that a Ordinary meeting of ORANGE CITY COUNCIL
will be held in the Council Chamber,
Civic Centre, Byng Street, Orange on Tuesday, 3 February 2015 commencing
at 7:00pm.
Garry
Styles
General Manager
For apologies please
contact Michelle Catlin on 6393 8246.
1 Introduction
1.1 Apologies
and Leave of Absence
1.2 Opening Prayer
1.3 Acknowledgement
of Country
I would like to show my respect and acknowledge the
Traditional Custodians of the Land, of Elders past and present, on which this
meeting takes place.
1.4 Declarations
of Interest
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.
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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 Mayoral
Minutes
Nil
3 Confirmation
of Minutes of Previous Meeting
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RECOMMENDATION
That the Minutes of the Ordinary
Meeting of Orange City Council held on 16 December 2014 (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 16 December 2014.
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RECOMMENDATION
That the Minutes of the
Extraordinary Meeting of Orange City Council held on 23 December 2014 (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 23
December 2014.
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Attachments
1 Minutes
of the Ordinary Meeting of Orange City Council held on 16 December 2014
2 Minutes
of the Extraordinary Meeting of Orange City Council held on 23 December 2014
ORANGE CITY COUNCIL
MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Orange Civic Centre, Byng Street,
Orange
ON 16 December 2014
COMMENCING AT 7:00pm
1 Introduction
Cr J Davis (Mayor), Cr C Gryllis (Deputy Mayor), Cr A Brown,
Cr K Duffy, Cr
R Gander, Cr J Hamling, Cr N Jones, Cr R Kidd (left the meeting at
10.02pm), Cr S Munro, Cr G Taylor, Cr R Turner, Cr J
Whitton
General Manager, Director
Corporate and Commercial Services, Director Development Services, Director
Community, Recreation and Cultural Services, Director Technical Services,
Manager Administration and Governance, Manager Corporate and Community
Relations, Manager Financial Services, Works Manager, Plant and Depot Manager,
Manager Development Assessments, Financial Accountant
Nil
TIM WHITE OF EVER
UPWARD CHURCH LED THE COUNCIL IN PRAYER
1.3 ACKNOWLEDGEMENT OF COUNTRY
1.4 DECLARATIONS OF INTEREST
SDC Item 2.6 Development Application DA 374/2014(1)
– 3 Linden Avenue
Cr A Brown declared an interest in item 2.6 as a resident of
the area adjacent to 3 Linden Avenue.
SDC Item 2.5 Development Application DA 359/2014(1)
– Orange Showground – Leeds Parade, Margaret Street and Phillip
Street
Cr C Gryllis declared an interest in item 2.5 as a real
estate agent acting in the area.
COUNCIL OBSERVED ONE MINUTES
SILENCE AS A MARK OF RESPECT FOR THE VICTIMS OF THE SYDNEY SIEGE.
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL
ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM: 7.08 PM
CCL Item 4.2 Mountain Bike
Trail Centre at Mount Canobolas
Rhonda Sear
Ms Sear spoke in favour of the proposed Mountain Bike Trail
Centre
Rodney Farrell
Mr Farrell spoke on behalf of the Central West Off Road Bike
Club and sought Council’s consent of the Mountain Bike Trail Centre.
SDC Item 2.2 Development
Application DA 249/2014(1) – 5 and 7 McNamara Street
Peter Basha
Mr Basha sought Council’s consent of the Development
Application, excluding the condition requiring the applicant to pay carparking
contributions.
SDC Item 2.4 Development
Application DA 337/2014(1) – Orange Showground – Leeds Parade,
Margaret Street and Phillip Street
Wayne Petrie
Mr Petrie sought Council’s consent of the Development
Application for the pavilion at the Showground with a setback of 6.6m.
SDC Item 2.6 Development
Application DA 374/2014(1) – 3 Linden Avenue
Martin Boyd
Mr Boyd spoke on behalf of several residents of Linden
Avenue and spoke against the application.
Robert Armstrong
Mr Armstrong spoke against the Development Application.
THE OPEN FORUM CONCLUDED AT
7.40PM
2 Mayoral
Minutes
2.1 Botanic
Garden Meadow Naming
TRIM Reference: 2014/2386
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RESOLVED - 14/1084 Cr
J Davis/Cr R Kidd
That the meadow at the Botanic Gardens be named “The
Richard Niven Meadow” in recognition of the former Mayor’s
contribution to the City and Orange community and in particular his role in
establishing the Orange Botanic Gardens.
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PRESENTATION BY CR GRYLLIS ON 2014
TIDY TOWNS AWARDS
PRESENTATION BY CR KIDD ON 2015
CELEBRATIONS FOR WORLD WAR I CENTENARY
3 Confirmation
of Minutes of Previous Meeting
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RESOLVED
- 14/1085 Cr
C Gryllis/Cr R Kidd
That the Minutes of the
Ordinary Meeting of Orange City Council held on 2 December 2014 (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 2
December 2014.
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THE MAYOR DECLARED THE ORDINARY
MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE EXTRAORDINARY SUSTAINABLE
DEVELOPMENT COMMITTEE MEETING AT 8.12PM
THE MAYOR DECLARED THE ORDINARY
MEETING OF COUNCIL RESUMED AT 8.55PM
4 Notices
of Motion/Notices of Rescission
4.1 Pedestrian
Traffic Lights in Byng Street by Cr Taylor
TRIM Reference: 2014/2407
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RESOLVED - 14/1092 Cr
G Taylor/Cr J Whitton
That Orange City Council investigate the installation of
pedestrian traffic lights in Byng Street, between Lords Place and McNamara
Lane.
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4.2 Mountain
Bike Trail Centre at Mt Canobolas by Cr Brown
TRIM Reference: 2014/2409
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RESOLVED - 14/1093 Cr
A Brown/Cr J Whitton
That Council contribute seed funding of up to $50,000 to
the Mountain Bike Trail Centre concept at Mt Canobolas subject to matching
funding being obtained, and if funding is not obtained within 3 months,
a report be brought back to Council.
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** Cr
Jones requested his name be recorded as voting against this decision.**
5 General
Reports
5.1 Statement
of Investments - November 2014
TRIM Reference: 2014/2362
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RESOLVED - 14/1094 Cr
R Kidd/Cr R Gander
That Council
1 Receives
the Statement of Investments as at 30 November 2014.
2 Receives and
adopts the certification of the Responsible Accounting Officer
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5.2 Recommendations
and Resolutions from Policy Committees
TRIM Reference: 2014/2345
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RESOLVED - 14/1095 Cr
R Gander/Cr S Munro
1 That
the resolutions made by the Sustainable Development Committee at its meeting
held on 2 December 2014 be noted.
2 That
the resolutions made by the Infrastructure Policy Committee at its meeting
held on 2 December 2014 be noted.
3 That
the resolutions made by the Services Policy Committee at its meeting held on
2 December 2014 be noted.
4 That
the resolutions made by the Environment and Economic Development Committee at
its meeting held on 2 December 2014 be noted.
5 That
the resolutions made by the Finance Policy Committee at its meeting held on
2 December 2014 be noted.
6 That
the following recommendation made by the Finance Policy Committee at its
meeting held on 2 December 2014 be adopted.
a That
Council approve the requests for financial assistance to Orange High School
$100, David de Bruyn $200, and $385 for the Orange Community Christmas Lunch
with these amounts being funded from the General Donations budget.
b That
Council approve the request from Canobolas Rural Technology High School of
$100.
c That
Council decline the request from Pre2 Learning Community of Schools of
$1,000, as the Major Promotions budget has been fully expended.
d That
Council approve the requests made from Kathryn Cox $100, and Orange Futsal
Club $200, and the total amount of $300 to be funded from the Sports
Participants Program.
e That
Council approve the request made from the Orange Emu’s Rugby Club of
$5,000, with works to be carried out in consultation with Council staff.
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5.3 Outstanding
Questions Taken on Notice
TRIM Reference: 2014/2336
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RESOLVED - 14/1096 Cr
R Kidd/Cr R Turner
That the information provided in the report by the Manager
Administration and Governance on Questions Taken on Notice be acknowledged.
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5.4 Strategic
Policy Review
TRIM Reference: 2014/2358
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RESOLVED - 14/1097 Cr
R Kidd/Cr S Munro
1 That
Council place on public exhibition Strategic Policies:
ST001 –
Asbestos Management
ST107 – Outdoor
Dining Areas
ST128 –
Swimming Pool Barrier Inspection Program
ST042 – Investment
of Council funds
ST046 – Liquid
Trade Waste
2 That
Council delete Strategic Policy ST066 – Sediment and Erosion Control,
as management of these issues are covered by relevant legislation.
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5.5 Minutes
of the Audit and Risk Management Committee Meeting held on 28 November 2014
TRIM Reference: 2014/2329
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RESOLVED - 14/1098 Cr
J Hamling/Cr S Munro
That the minutes of the meeting of the Audit and Risk
Management Committee held on 28 November 2014 be acknowledged.
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5.6 Review
of Council Community Committees
TRIM Reference: 2014/2111
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RESOLVED - 14/1099 Cr
C Gryllis/Cr R Gander
1 That
Council adopt the Committee Structure as detailed in the report with the
following amendments
a Creation
of a Parks, Street Trees and Waterways Committee to include Orange Botanic
Gardens Community Committee instead of the proposed Orange Outdoors
Committee.
b The
Companion Animals Community Committee to meet quarterly.
c The
Ageing and Access Community Committee to meet quarterly.
2 That
all Committees adopt the remaining unchanged proposed meeting schedule,
noting the ability of the Chairperson to call an extraordinary meeting if
required outside those set times.
3 That
a recruitment process be undertaken to fill vacancies on Council Committees.
4 That
current Committee Members be thanked for their contribution to
Council’s Committees, and advised of the new arrangements and proposed
meeting dates.
5 That
the proposed actions in response to general committee administration issues
raised by Councillors be accepted.
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MATTER ARISING
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RESOLVED
- 14/1100 Cr
C Gryllis/Cr R Kidd
That Councillors Duffy, Whitton and Kidd be appointed to
the Economic Development Committee.
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5.7 Complaints
Under Council's Code of Conduct
TRIM Reference: 2014/2326
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RESOLVED - 14/1101 Cr
J Whitton/Cr R Gander
That the report on Complaints under Council’s Code
of Conduct for the 2014 year be acknowledged.
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5.8 Jobs
Creation Strategy
TRIM Reference: 2014/2249
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RESOLVED - 14/1102 Cr
R Kidd/Cr S Munro
That Council adopt the Jobs Creation Strategy.
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5.9 Tourism
Strategy Update
TRIM Reference: 2014/2368
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RESOLVED - 14/1103 Cr
J Hamling/Cr S Munro
That the information provided in the report by the Manager
Corporate and Community Relations on Tourism Strategy Update be acknowledged.
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5.10 Biobanking
Agreement Girralang East
TRIM Reference: 2014/2331
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RESOLVED - 14/1104 Cr
K Duffy/Cr C Gryllis
1 That
Council enter into the Biobanking Agreement for Girralang East with the NSW
Office of Environment and Heritage.
2 That
funding for the costs associated with the agreement be met from the water
fund within the Macquarie Pipeline budget.
3 That
permission be granted to affix the Council Seal to all relevant documents.
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5.11 Rate
Exemptions for Church Properties
TRIM Reference: 2014/2340
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RESOLVED - 14/1105 Cr
R Turner/Cr J Hamling
1 That
the report by the Manager Financial Services on Rate Exemptions for
Church/Religious Properties be noted.
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5.12 Suma
Park Dam Upgrade - Funding Agreement
TRIM Reference: 2014/1979
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RESOLVED - 14/1106 Cr
R Kidd/Cr S Munro
1 That
Council sign the Funding Agreement for the amount of $3,399,727 under the
Country Towns Water Supply and Sewerage Program.
2 That
the budget for the grant funding for this project be increased to match the
grant amount approved in the funding agreement, with a corresponding decrease
in the amount that was being drawn from the restricted asset.
3 That
permission be granted for the use of the Council Seal on all documents
associated with this contract.
4 That
as part of the budget process for 2015/16, Council review its Water Pricing
Structure in order to achieve “Deemed Compliance” according to
NSW Office of Water Pricing Information Sheets released in March 2011.
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5.13 Acquisition
of Part Lot 208 DP 42900 for Road Construction
TRIM Reference: 2014/2169
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RESOLVED - 14/1107 Cr
C Gryllis/Cr K Duffy
1 That
Council resolve to acquire by compulsory acquisition under sections 177 and
178 of the Roads Act 1993 Lot 600 DP 1202981 (the Land) for the purpose of
constructing an entrance off Huntley Road to the Orange Health Service.
2 That
Council approve the making of an application to the Minister for Local
Government for the issue of a Proposed Acquisition Notice under the Land
Acquisition (Just Terms Compensation) Act 1991 with respect of the Land.
3 That
Council approve the making of an application to the Governor for the
publication of an Acquisition Notice in the NSW Government Gazette under the
Land Acquisition (Just Terms Compensation) Act 1991 with respect to the Land.
4 That
the Common Seal of Council be affixed to any documents required to be sealed
as part of the compulsory acquisition process for the land in question.
6 That
the General Manager be delegated authority to execute on behalf of Council
any document associated with the compulsory acquisition process for the land
that does not require the Common Seal of Council.
7 That
Council dedicate the land as a public road under Section 10 of the Roads Act
1993 once the acquisition has been completed.
8 That
Council acting in its capacity as Reserve Trust Manager of the Bloomfield
Reserve Trust R95818 consent to the acquisition of Lot 101 in Deposited Plan
1202981 by Council for the purpose of the construction of an additional
entrance to the Orange Health Service off Huntley Road, Orange.
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5.14 Relocation
of Banjo Paterson Sculpture
TRIM Reference: 2014/2294
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RESOLVED - 14/1108 Cr
R Kidd/Cr S Munro
That Council relocate the
AB “Banjo” Paterson Memorial Sculpture to AB “Banjo”
Paterson Park.
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RESOLVED
- 14/1109 Cr
C Gryllis/Cr J Davis
That no parking fees be charged in the Ophir Carpark until
26 December 2014.
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5.15 COUNCIL FOLDER
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TRIM REFERENCE:
F977
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1 Card
from Pam Ryan thanking Council for flower tribute expressing sympathy at the
passing of her husband Graeme.
2 Card
from Australian National Field Days thanking Council for hosting Civic
Reception for ANFD Committee members with special mention to Cr Gryllis for
kind words and Cathy Thomas for her organisation of reception.
3 Letter
from Orange Art Society thanking the Mayor for attending the Art Society
Inc’s fiftieth anniversary celebrations.
4 Email
from Steve Martin thanking Council for grant and support of new shed facility
at Lake Canobolas that th eTriathlon Club, Dragons Abreast, Orange Dragon
Boat Association, OCTEC and Bush Nippers utilise.
5 Letter
from the Orange Lions Club thanking Council for construction of a pathway at
the Driver Reviver Site.
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RESOLVED
- 14/1110 Cr
R Kidd/Cr A Brown
That the contents of the Council Folder be noted.
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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 General Manager 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.
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RESOLVED - 14/1111 Cr
K Duffy/Cr R Gander
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 Tender
- Reconstruction of Burrendong Way Stage 2
This item is classified CONFIDENTIAL under the
provisions of Section 10A(2) of the Local Government Act 1993, which permits
the meeting to be closed to the public for business relating to (c)
information that would, if disclosed, confer a commercial advantage on a
person with whom the Council is conducting (or proposes to conduct) business.
6.2 Tender
- Provision of Banking Services
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 Acquisition
of Land Lot 2 DP 778563, Lot 1 DP 958631, Lot 11 DP 628747 and Lot A DP
154249- Required for Infrastructure for Shiralee Urban Release
This item is classified CONFIDENTIAL under the
provisions of Section 10A(2) of the Local Government Act 1993, which permits
the meeting to be closed to the public for business relating to (c)
information that would, if disclosed, confer a commercial advantage on a
person with whom the Council is conducting (or proposes to conduct) business.
6.4 Tender
for Construction of Ploughmans Lane
This item is classified CONFIDENTIAL under the
provisions of Section 10A(2) of the Local Government Act 1993, which permits
the meeting to be closed to the public for business relating to (c)
information that would, if disclosed, confer a commercial advantage on a
person with whom the Council is conducting (or proposes to conduct) business.
6.5 NetWaste
Tender For Collection/Processing Of Tyres
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.
6.6 Link
Road - Telopea Way to William Maker Drive - Catholic Diocese of Orange
This item is classified CONFIDENTIAL under the
provisions of Section 10A(2) of the Local Government Act 1993, which permits
the meeting to be closed to the public for business relating to (c)
information that would, if disclosed, confer a commercial advantage on a
person with whom the Council is conducting (or proposes to conduct) business.
6.7 Remuneration
Review
This item is classified CONFIDENTIAL under the
provisions of Section 10A(2) of the Local Government Act 1993, which permits
the meeting to be closed to the public for business relating to (a) personnel
matters concerning particular individuals (other than councillors).
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**Councillor Kidd apologised for
the remainder of the meeting and left the chamber with the time being 10.02pm**
THE MAYOR DECLARED THE ORDINARY
MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE CLOSED MEETING AT 10.02 PM
THE MAYOR DECLARED THE ORDINARY
MEETING OF COUNCIL RESUMED AT 10.33 PM
7 Resolutions from Closed
Meeting
The Mayor
read out the following resolutions made in the Closed Meeting of Council.
6.1 Tender
- Reconstruction of Burrendong Way Stage 2
TRIM Reference: 2014/2282
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RESOLVED - 14/1112 Cr
J Whitton/Cr N Jones
1 That
Council award the contract for the reconstruction of Burrendong Way Stage 2
to Hamcon Civil Pty Ltd for the amount of $903,232.50 exclusive of GST.
2 That
permission be granted to affix the Council Seal to all relevant documents.
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Division
of Voting
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Voted For
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Cr J Davis, Cr K Duffy,
Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr N Jones, Cr S Munro, Cr G Taylor,
Cr R Turner, Cr J Whitton, Cr A Brown
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Voted Against
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Nil
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Absent
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Cr R Kidd
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6.2 Tender
- Provision of Banking Services
TRIM Reference: 2014/2353
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RESOLVED - 14/1113 Cr
J Whitton/Cr R Gander
1 That
Council award the contract for the provision of banking services to the
Commonwealth Bank of Australia for the period of five years with the option
of a further two years subject to satisfactory performance.
2 That
permission be granted to affix the Council Seal to all relevant documents.
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Division
of Voting
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Voted For
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Cr J Davis, Cr K Duffy,
Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr N Jones, Cr S Munro, Cr G Taylor,
Cr R Turner, Cr J Whitton, Cr A Brown
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Voted Against
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Nil
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Absent
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Cr R Kidd
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6.3 Acquisition
of Land Lot 2 DP 778563, Lot 1 DP 958631, Lot 11 DP 628747 and Lot A DP
154249- Required for Infrastructure for Shiralee Urban Release
TRIM Reference: 2014/2356
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RESOLVED - 14/1114 Cr
J Whitton/Cr C Gryllis
1 That
Council enter into a licence agreement with the owner of Lot 2 DP 778563 to
construct a sewer pump station and authorise the General Manage to negotiate
the purchase of residual land as described within this report.
2 That
Council authorise the General Manager to negotiate the purchase of Part Lot 1
DP 958631 and easements over Lot 1 DP 958631 and Lot 11 DP 628747 in
accordance with the terms discussed within the body of this report.
3 That
Council authorise the General Manager to negotiate the purchase of Lot A DP
154249 in accordance with the terms discussed within the body of this report.
4 That
the use of the common seal of Council be authorised on all documentation
associated with these matters.
5 That
Council include these land purchases and drainage infrastructure associated
with the Shiralee development area in the current Local Infrastructure
Renewal Scheme (LIRS) funding.
6 That
all purchased land be classified as Operational.
7 That
where applicable Council commence the design and construction of drainage
infrastructure on the above land as required.
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6.4 Tender
for Construction of Ploughmans Lane
TRIM Reference: 2014/2387
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RESOLVED - 14/1115 Cr
J Whitton/Cr J Hamling
1 That
Council award the contract for the construction of Ploughmans Lane to SEMCON
Australia for the amount of $471,079.60 exclusive of GST.
2 That
permission is granted to affix the Council Seal to all relevant documents.
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Division
of Voting
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Voted For
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Cr J Davis, Cr K Duffy,
Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr N Jones, Cr S Munro, Cr G Taylor,
Cr R Turner, Cr J Whitton, Cr A Brown
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Voted Against
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Nil
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Absent
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Cr R Kidd
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6.5 NetWaste
Tender For Collection/Processing Of Tyres
TRIM Reference: 2014/2366
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RESOLVED - 14/1116 Cr
J Whitton/Cr J Hamling
1 That
Council note the report by the Manager Waste Services and Technical Support
advising of the NetWaste Tender for Collection/Processing of Tyres and
resolve not accept any tender.
2 That
Council participate in a quotation process in order to identify suitable
servicing arrangements that provide cost competitive and environmentally
advantageous outcomes for the management of tyre waste.
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Division
of Voting
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Voted For
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Cr J Davis, Cr K Duffy,
Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr N Jones, Cr S Munro, Cr G Taylor,
Cr R Turner, Cr J Whitton, Cr A Brown
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Voted Against
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Nil
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Absent
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Cr R Kidd
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6.6 Link
Road - Telopea Way to William Maker Drive - Catholic Diocese of Orange
TRIM Reference: 2014/2398
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RESOLVED - 14/1117 Cr
J Whitton/Cr R Gander
1 That
Orange City Council accept the offer from the Catholic Parish of Orange for
the construction of the Link Road off William Maker Drive through Lot 22 in
DP 1175811.
2 That the cost of the
link road works be funded by borrowing from existing Section 94 reserves with
the monies to be recouped from developer contributions as collected in the
North Orange area.
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**All staff excluding the General
Manager left the meeting.**
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TRIM Reference: 2014/2401
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RESOLVED - 14/1118 Cr
G Taylor/Cr J Whitton
That the remuneration be set as outlined in the report in
Option A.
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The Meeting
Closed at 10.35 PM
This is Page Number 19
and the Final Page of the Minutes of the Ordinary Meeting of Orange City
Council held on 16 December 2014.
ORANGE CITY COUNCIL
MINUTES OF THE
Extraordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 23 December 2014
COMMENCING AT 6.00pm
1 Introduction
Cr J Davis (Mayor), Cr C Gryllis (Deputy Mayor), Cr K Duffy, Cr R
Gander, Cr N Jones, Cr R Kidd, Cr S Munro (6.40pm),
Cr G Taylor (6.08pm), Cr R Turner, Cr J Whitton
General Manager, Director
Development Services, Director Technical Services, Manager Administration and
Governance, Manager Corporate and Community Relations, Manager Development
Assessments
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RESOLVED
- 14/1119 Cr
C Gryllis/Cr K Duffy
That the apologies be
accepted from Cr A Brown and Cr J Hamling for the
Extraordinary Council Meeting of Orange City Council on 23 December
2014.
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1.2 ACKNOWLEDGEMENT OF COUNTRY
1.3 DECLARATIONS OF INTEREST
Nil
2 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 General
Manager 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.
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RESOLVED - 14/1120 Cr
C Gryllis/Cr S Munro
That Council adjourn into a Closed Meeting and members of
the press and public be excluded from the Closed Meeting, and access to the
correspondence and reports relating to the items considered during the course
of the Closed Meeting be withheld unless declassified by separate resolution.
This action is taken in accordance with Section 10A(2) of the Local
Government Act, 1993 as the items listed come within the following
provisions:
3.1 Tender
- Bronze Statues Orange Cenotaph
This item is classified CONFIDENTIAL under the
provisions of Section 10A(2) of the Local Government Act 1993, which permits
the meeting to be closed to the public for business relating to (c)
information that would, if disclosed, confer a commercial advantage on a
person with whom the Council is conducting (or proposes to conduct) business.
|
THE MAYOR DECLARED THE ORDINARY
MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE EXTRAORDINARY SUSTAINABLE
DEVELOPMENT COMMITTEE MEETING AT 6.02PM
THE MAYOR DECLARED THE ORDINARY
MEETING OF COUNCIL RESUMED AT 6.41PM
THE MAYOR DECLARED THE EXTRAORDINARY MEETING OF COUNCIL
ADJOURNED FOR THE CONDUCT OF THE CLOSED MEETING AT 6.43PM
THE MAYOR DECLARED THE EXTRAORDINARY MEETING OF COUNCIL
RESUMED AT 6.59PM
3 Resolutions from Closed
Meeting
The Mayor
read out the following resolutions made in the Closed Meeting of Council.
3.1 Tender
- Bronze Statues Orange Cenotaph
TRIM Reference: 2014/2490
|
|
RESOLVED - 14/1123 Cr
G Taylor/Cr S Munro
1 That
the Tender for the design, sculpting and installation of two bronze statues
on the Orange Cenotaph be awarded to Julie Squires for the Lump Sum Price of
$160,000 (excluding GST).
2 That
permission be granted to affix the Council Seal on all contract documentation
relating to this Tender.
3 That
Council note that grant funding applications to the NSW Government under the
NSW Community War Memorials Fund were not successful, with Council to solely
fund the improvements to the Cenotaph and the statues for the celebration of
Anzac Day 2015.
|
|
Division
of Voting
|
|
Voted For
|
Cr J Davis (Mayor), Cr
K Duffy, Cr R Gander, Cr C Gryllis, Cr N Jones, Cr R Kidd, Cr S Munro, Cr G
Taylor, Cr R Turner, Cr J Whitton
|
|
Voted Against
|
Nil
|
|
Absent
|
Cr J Hamling, Cr A
Brown
|
The Meeting
Closed at 7.00pm
This is Page
Number 3 and the Final Page of the Minutes of the Extraordinary Meeting of
Orange City Council held on 23 December 2014.
4 Notices
of Motion/Notices of Rescission
4.1 Container
Deposit Scheme for Beverage Containers by Cr Kidd
TRIM REFERENCE: 2014/2507
I, CR
Reg Kidd wish to move the following Notice of Motion at the Council Meeting
of 3 February 2015:
|
Motion
1 That
Orange City Council write to Members Troy Grant, Andrew Gee, Paul Toole,
Andrew Fraser, Premier Mike Baird, Katrina Hodgkinson and Don Page to seek
their support in writing for the introduction of a State and National
Container Deposit Scheme for beverage containers.
2 That
Council ask fellow CENTROC councils to write in support of a Container
Deposit Scheme.
|
Background
Orange City Council has for many years waged a protracted
campaign for the introduction of a Container Deposit Scheme (CDS) for beverage
containers.
A motion was put up by Orange City Council some years ago
which was adopted at the Local Government (NSW) Annual Conference and they have
campaigned for the introduction of a State and National CDS for beverage
containers since.
Recently LGNSW, with councils and other groups have
participated in a letter writing and social media campaign, endeavouring to
influence the NSW Government’s decision on whether to establish a CDS in
NSW.
South Australia has had a ten cent deposit/refund CDS since
1975. The Northern Territory has had one since 2011. Quote from a 2012 study:
“It is estimated that Council recycling costs would
reduce substantially with the introduction of a CDS. It shifts the
responsibility (both financial and physical) onto the user to behave
responsibly, rather than spreading that cost across ratepayers, and imparts
social benefits to community groups who can raise valuable income from the
collection and redemption of containers”
Signed
Cr Reg Kidd
STAFF COMMENT
For many years Council has supported the introduction of a
national container deposit scheme, and has regularly resolved to submit motions
to the National General Assembly and the Local Government Conference.
Council resolved on 3 September 2013, following a notice of
motion from Cr Kidd, to actively support LGNSW in its advocacy for a state and
national container deposit scheme.
5 General
Reports
5.1 Statement
of Investments - December 2014
TRIM
REFERENCE: 2015/8
AUTHOR: Brock
Gannon, Financial Accounting Officer
EXECUTIVE Summary
The purpose of this report is to provide a statement of
Council’s investments held as at 31 December 2014.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the
Delivery/Operational Plan strategy “1.2 Our City -
Information and advice provided for the decision-making process will be
succinct, reasoned, accurate, timely and balanced”.
Financial Implications
Nil
Policy and Governance Implications
Council’s investment policy has been developed to
minimise risks arising from Council’s investment activity by establishing
value and credit rating limits with whom investments may be placed. This diversification
of Council’s investment practices essentially provides a safeguard of
Council’s investment portfolio. As disclosed in the certification by the
Responsible Accounting Officer, all of Council’s investment activity has
been conducted in accordance with Council’s adopted investment policy and
applicable legislation.
|
Recommendation
That Council:
1 Receives
the Statement of Investments as at 31 December 2014.
2 Receives
and adopts the certification of the Responsible Accounting Officer.
|
further considerations
Consideration has been given to the
recommendation’s impact on Council’s service delivery; image and
reputation; political; environmental; health and safety; employees;
stakeholders and project management; and no further implications or risks have
been identified.
SUPPORTING INFORMATION
Regulation 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 December 2014, the investments held by Council
totalled $105,864,407.85 and is attributed to the following funds:
|
General
Fund
|
43,951,282.06
|
|
Sewer
Local Fund
|
37,370,105.36
|
|
Water
Supply Local Fund
|
22,566,779.41
|
|
Orange
CBD Special Rate
|
1,976,241.02
|
|
105,864,407.85
|
A reconciliation of Council’s investment portfolio
provides a summary of the purposes for which Council’s investments are
being held.
|
Externally
Restricted
|
|
|
General
Fund
|
22,858,921.12
|
|
Water
Fund
|
22,566,779.41
|
|
Sewer
Fund
|
37,370,105.36
|
|
CBD Fund
|
1,976,241.02
|
|
Auspiced
|
1,245,067.98
|
|
Internally
Restricted
|
13,208,422.28
|
|
Unrestricted
|
6,638,870.68
|
|
105,864,407.85
|
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 December 2014 remained at 2.50%. The annualised average interest rate of
Council’s investment portfolio at the same reporting date was 4.13%
(weighted average 4.00%) which continues to exceed Council’s benchmark
i.e. the cash rate of 2.50% plus 0.75% (or 75 basis points).
Council’s adopted 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 Council’s Investment 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 and Table 2 shows the percentage held by Council
(holdings) and the additional amount that Council could hold (capacity) for
each respective category in accordance with limits as established by
Council’s Policy.
Table 1: Maturity – Term Limits
|
Term to Maturity
Allocation
|
Maximum
|
Holdings
|
Capacity
|
|
0 - 3 Months
|
100.00%
|
0.00%
|
100.00%
|
|
3 - 12 Months
|
100.00%
|
58.11%
|
41.89%
|
|
1 - 2 Years
|
70.00%
|
20.82%
|
49.18%
|
|
2 - 5 Years
|
50.00%
|
21.07%
|
28.93%
|
|
5+ Years
|
25.00%
|
0.00%
|
25.00%
|
Table 2: Credit Rating Limits
|
|
Maximum
|
Holding
|
Capacity
|
|
AAA
|
100.00%
|
0.00%
|
100.00%
|
|
AA
|
100.00%
|
28.54%
|
71.46%
|
|
A
|
60.00%
|
45.07%
|
14.93%
|
|
BBB & NR
|
40.00%
|
24.39%
|
15.61%
|
|
Below BBB
|
0.00%
|
0.00%
|
0.00%
|
Certification by Responsible Accounting Officer
I, Kathryn Woolley, 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.
5.2 Fit
for Future - Submission Options
TRIM
REFERENCE: 2015/180
AUTHOR: Kathy
Woolley, Director Corporate and Commercial Services
EXECUTIVE Summary
Council is provided with an update on the Fit for Future
program in this report along with seeking the direction for the sort of
submission to the NSW Government that should be supplied by June 2015.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the
Delivery/Operational Plan strategy “1.2 Our City -
Information and advice provided for the decision-making process will be
succinct, reasoned, accurate, timely and balanced”.
Financial Implications
The work required to complete the Fit for Future planning
processes is substantial. Estimates for the financial costs will be presented
in the March quarterly review.
Policy and Governance Implications
Nil
|
Recommendation
1 That
Council resolves to lodge a merger business case with Cabonne Council and
Blayney Shire Council subject to:
a. Confirmation
of the resolved position of Cabonne Council and Blayney Shire Council to
specifically agree to lodge a merger proposal to the NSW Government in June
2015; and
b. Confirmation
of the resolved position of Cabonne Council and Blayney Shire Council
specifically agreeing to sharing of costs to prepare a proposal to merge that
has 50% of costs paid by Orange City Council, and remaining costs paid in
equal share by Cabonne Council and Blayney Shire Council.
c. If
Cabonne Council and Blayney Shire Council agree to the cost distribution,
prepare a request to the NSW Government for funding for the use of a panel
member from the appointed list established by the NSW Government, to prepare
a merger business case.
2 If
only one of either Cabonne Council or Blayney Shire Council provides their
resolutions to submit a merger proposal to the NSW Government along with
agreed contribution level, that Council resolves to submit the merger
proposal with that Council with a funding split of 60% paid by Orange City
Council and 40% by the partnering Council, and seek the available funding
from the NSW Government to prepare the business case.
3 If
neither Cabonne Council nor Blayney provides a resolution to agree to a
merger proposal, that Orange City Council prepares a submission using the
template for standing alone.
|
further considerations
The recommendation of this report has been
assessed against Council’s other key risk categories and the following
comments are provided:
|
|
|
|
Service Delivery
|
Changes to the manner in which
Council operates may impact upon levels of service. This issue will be a key
consideration in any assessment of options to merge/share services.
|
|
Image
and Reputation
|
Impacts on image and reputation
will be considered in options explored.
|
|
Employees
|
There may be considerable impact
upon employees in a merger of councils. However, the current legislation
offers different outcomes for “rural” centres compared to
Orange’s outcomes relating to staff. The positions in “rural”
centres have greater protection as the Local Government Act 1993 expressly
prohibits forced redundancies for 3 years. Additionally, there is a
need to preserve the number of jobs in rural centres. There is a
heightened risk therefore for staff employed by Orange City Council in the merger
process that Council will need to consider.
|
|
Political
|
There are significant political
issues for Council to consider in its assessment of the best options for the
ratepayers of Orange. The NSW Government has made the agenda for change
clear to Councils in their reports from the Independent panel and Act
taskforce.
|
|
Stakeholders
|
The NSW Government has identified
that Orange and Cabonne and possibly Blayney are potential merger candidates.
Council is also participating in the processes Centroc is embarking on since
it was given the approval by the NSW Government to be a pilot for a Joint
Organisation. .
|
SUPPORTING INFORMATION
Council
has considered its position regarding possible mergers as proposed in the NSW
Government’s Independent Panel on Local Government recommendations,
resolving as follows on 18 February 2014:
|
RESOLVED
– 14/60 Cr Whitton/Cr Gryllis
|
|
1 That
Council makes a submission on the Independent Panel review of Local
Government and review of the Local Government Act based on the contents of
the report by the Director Corporate and Commercial Services dated 6 February
2014.
2 That
Council identify it doesn’t support County Councils being included in
the suggested Joint Organisations and propose that in the event of
dissolution of County Councils that they be merged with appropriate general
purpose Councils.
|
Council’s submission arising from the resolution
above is summarised as follows:
1. Council understands the need for
reform and is supportive of change subject to appropriate funding and
assessment of sustainability for the local government sector as a whole.
2. Mergers must be based on
communities of interest principles designed to achieve financial and
operational sustainability.
3. The collection of a proportion of
funding from sources, such as the Federal Assistance Grants (FAGs), for
“strategic” projects is not supported.
4. Council’s preference is to
stay in its current form. However, if the NSW Government is seeking to alter
boundaries, Council’s position is supportive of the Panel’s
proposed merger of Orange, Blayney and Cabonne due to the area of common
interest between the LGAs.
5. If merges do occur, a whole of LGA
basis is preferred with any minor boundary adjustments to be made at later
date.
6. Where significant infrastructure
backlogs or differing financial sustainability assessments exist in merging
LGAs, cross subsidisation from one area’s ratepayers to another’s
is unacceptable. There is a role for the NSW Government in assessing and
funding the process of merging LGAs with differing levels of service and
financial position to ensure residents on one LGA are not subsidising others.
7. The timeframe for mergers should
be shortened to enable councils to be formed and move in in their new
format. Allowing the process to progress more rapidly will assist in
addressing the financial and operational sustainability of the sector.
8. Council is not supportive of
county councils being rolled into joint organisations as assets and operational
management is best managed by the constituent councils, not a strategic entity
such as the planned joint organisations.
9. Reform will require consideration
of costs associated with boundary adjustments and NSW Government financial and
advisory assistance to achieve the mergers.
Other submissions have been made by Council over the time
the NSW Government has been contemplating its reform agenda.
A consistent position of Orange City Council has been that
if a merger or other options were to occur as a consequence of the NSW Government’s
agenda for reform of Local Government, the changes must consider the cost to
the existing councils and should not result in one area having to prop up
another in order to make levels of service common. The reason for this
stance is the negative impact on ratepayers in one area over another. This also
includes ensuring that rates and the size of backlogs in infrastructure
maintenance were not negatively impacted in one area to accommodate lower
levels of service in another area.
Council has added Fit for Future as a standing item on
briefing sessions usually monthly since late 2014. Since the last
briefing the following has occurred:
Update on recent events
Shared Services model proposed by Cabonne Council
Council notes the press release from Cabonne Council
published on 22 January 2015 (copy attached) identifying that Cabonne Council
supports a shared service centre model.
The key considerations for Council if it were to consider a
shared services model include:
· What does the
model offer to the ratepayers of Orange?
· What benefits are
there in a shared services model over a merger?
· Are there real
savings to be made?
· What are the staff
impacts?
A lack of detail of how the shared services model proposed
will work exists. Of concern is the sustainability noting that a shared service
model that was created to support 5 councils after the 2004 amalgamation
process, has been dissolved recently.
If the shared services model
requires a separate entity that delivers services to member
councils, it is a challenge to see how this would be cost
efficient. Each council already has the typical candidate services for
shared service delivery (e.g. payroll, human resources, finance.) which could
be combined under the newly merged council rather than outsourced to a new
entity via a shared services model. Other services (such as planning and
engineering skills for example) that are well resourced by Orange offer little
benefit if they become services delivered by a shared services model if it is
Orange that has to supply the service. The risk to Orange is that our
ratepayers will have a diminution if services not an enhancement or efficiency
gain and such a reduction in services is one to the key issues Orange City
Council has noted must not occur if mergers/changes are to be made.
Council is
advised that the Wellington Blayney Cabonne alliance commissioned a report by
KPMG some time ago on shared service options. It would be extremely helpful if
this report was made available to assist in assessing a shared services model
and the General Manager has requested a copy be provided.
The Independent Panel final report considers the various
models (amalgamation, boundary adjustment, shared services and regional
collaboration) on p72, an extract of this section is included below.
“The ACELG report Consolidation
in Local Government: A Fresh Look examined the extent to which different
forms of consolidation can achieve the benefits sought. Table 4 is drawn from
that report. It suggests that amalgamations offer the surest way to achieve
efficiency and economies of scale, service improvements and strategic capacity.
Stronger regional collaboration and shared services organisations may do so,
but the outcomes across the board are less certain. “
Table 4: Summary Attributes
of Different Forms of Consolidation
|
|
Amalgamation
|
Boundary
Change^
|
Shared
Services#
|
Regional
Collaboration*
|
|
Efficiency
and Economies of Scale
|
Strong link
|
Potentially
strong link subject to size/disposition of re-shaped councils
|
Strong link
|
Weak link
|
|
Strategic
Capacity
|
Strong link
|
As above
– benefits will flow to larger ‘new’ council/s
|
Potential
medium-strong link subject to organisation structure and governance
|
Weak link
|
|
Service
Improvement and Innovation
|
Strong link
|
As above
|
Strong link
(but limited to services that are effectively shared)
|
Potential
link subject to nature and scope of collaboration
|
|
Potential
Diminution of Local Democracy
|
Distinct
risk, but can be managed
|
Some risk
depending on nature of ‘new’ councils – can be managed
|
Risk where
extensive decision-making is ceded to joint authority – may be
difficult to manage
|
Little or no
risk
|
^To create a larger, higher
capacity council
# Assumes more robust,
statutory regional organisations
*Along the lines of a
regional organisation of councils
Notably, the Independent
Panel’s final report recommends a merger rather than shared services
solution for Orange, Blayney and Cabonne. The analysis is formulated
around the creation of a regional centre (p91) which identifies a projected population
base of 73,100 by 2031 and looks to create a council area with longer term
sustainability:
· “Cabonne
may well be sustainable into the long term, but its recent and projected growth
is overspill from Orange, some areas on the northern and western fringes of Cabonne
are seeking to move to adjoining councils.
· Blayney could
also be added and would increase the projected population to 73,100: it could
remain sustainable as a separate council for several decades but amalgamation
would provide a much higher capacity base”
Council’s position in the past is should a merger be
required then it should be a whole of boundary merger of the three
councils. A shared service model has not been supported.
In addition to identifying what advantages a shared services
model offers to Orange City Council, a question that must be answered regarding
what actual savings will be achieved by retaining the Senior staff and
councillors in the three councils and quantification of the additional costs of
creating an entity to deliver shared services independently if that were to be
the approach.
Assessing the real impact of shared service models has
proved to be a challenge. In Victoria, the Auditor-General’s May
2014 report “Shared Services in Local Government” identified
difficulties Victorian councils had in quantifying the benefits, particularly
where changes in service levels were identified.
Merger business case update
The NSW Government published guidelines for the merger
proposals that are required by June 2015 (attached). The guidelines
advise:
· A
panel has been appointed by NSW Government of firms that may be used to assist
in the preparation of a merger business cases for submission.
· The
guidelines identify matching funding is available up to $40,000
· Councils
must have a resolution of Council that identifies they agree to lodge a merger
business proposal submission in order to access the funding.
· There
must also be a resolution of Council that identifies what cash contribution
each Council will make to form their cash contribution to match the NSW
Government contribution.
This report seeks a Council resolution which will determine
what sort of submission Council will make in June 2015 to the NSW Government.
Attachments
1 Merger
Business Case Panel - Guide for Councils, D15/1978⇩
2 Press
release Cabonne on shared services entity, D15/2163⇩
Council Meeting
3 February 2015
5.2 Fit
for Future - Submission Options
Attachment 1 Merger
Business Case Panel - Guide for Councils
Council
Meeting
3 February 2015
5.2 Fit
for Future - Submission Options
Attachment 2 Press
release Cabonne on shared services entity
5.3 Disposal
of Land Lot 6 DP1065578, Acquisition of Land Lot 2 DP10655778 Northern
Distributor Road
TRIM
REFERENCE: 2014/2457
AUTHOR: Michael
McFadden, Manager Engineering Services
EXECUTIVE Summary
This report seeks Council’s resolution to undertake a
land swap/exchange of Council owned land situated Lot 6 DP1065578 Northern
Distributor Road for land situated Lot 2 DP1065578 Northern Distributor Road
owned by the same party. Additionally Council and the land owner will finalise
the creation of easements for sewerage infrastructure through Lot 81 in DP
1202584.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the
Delivery/Operational Plan strategy “1.3 Our City -
Ensure a robust framework that supports the community’s and
Council’s current and evolving activities, services and functions”.
Financial Implications
Nil
Policy and Governance Implications
Nil
|
Recommendation
1 That
Council purchase Lot 2 DP1065578 for nil monetary consideration (the contract
for the purchase of Lot 2 to be interdependent with the sale of Lot 6 DP1065578).
2 That
Council sell Lot 6 DP1065578 for nil monetary consideration (the contract for
the sale of Lot 6 DP1065578 to be interdependent with the purchase of Lot 2
DP1065578).
3 That
the boundary of the sewage pump station be amended to include all structures,
and easements for sewerage be created about all sewer mains.
4 That
the General Manager be authorised to sign all documentation associated with
the legal formalisation of the easement for pump station over Lot 81
DP1202584.
5 That
authority be granted to affix the Council Seal on all relevant documents.
6 That
upon transfer of Lot 2 DP1065578 to Council, the land be classified as
Operational Land pursuant to Chapter 6, Part 2 of the Local Government Act
1993.
|
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 2004 Council resolved to purchase a parcel of land being
Lot 4 in Acquisition Plan DP1065578 comprising an area of 1.1 hectares for the
purposes of construction of part of the Northern Distributor Road, settlement
of which occurred on 21 February 2005.
It has come to Council’s attention that Lot 2 in
Acquisition Plan DP1065578 owned by the same owner (comprising a small area of
88.5 m2) which also now forms part of the Northern Distributor Road
was inadvertently missed during the acquisition process of Lot 4 DP1065578.
It has further come to Council’s attention that Lot 6
in Acquisition Plan DP1065578 (comprising an area of 855.2 m2 )
acquired for construction of the Northern Distributor Road was, in fact,
surplus to the land required for road construction purposes.
In 2003 Council entered into a formal agreement with the
then owner of the land situated Lot 81 DP1202584 for the construction of a
sewer trunk mains and sewer pump station to service the then proposed
subdivision of residential land located to the north of the existing Glengarry
subdivision. Construction of the sewer mains and pump station was
undertaken, but legal formalisation of the easement was never finalised.
The owner of the subject land has lodged a Development Application
for a residential Lot subdivision affecting Lot 81 DP1202584 and Lot 6
DP1065578 (owned by Orange City Council).
A map depicting all the subject lots and sewer pump station
is attached for ease of reference.
In consideration of the differential in land value of Lot 2
which Council proposes to purchase and Lot 6 DP1065578 which Council proposes
to sell, the owner has agreed to Council redefining the boundary of the land on
which Council’s sewer pump station is located being Lot 81 DP1202584 to ensure
that the pump station is within the easement and will formalise the easement
access to the pump station on the basis that the easement will be released upon
the construction of the subdivision of the land providing public road a reserve
access to the pump station.
In order to come to a quick resolution in of the matter it
is proposed to proceed by way of a land swap with the owner of Lot 2 and 6
D1065578 for nil consideration and agreement by the owner to legalise the
easement of the sewer main and sewer pump station. This proposal appears to be
the most practical way to reach an end result satisfactory to both parties.
Attachments
1 Map
- Lots 2, 4 and 6 DP1065578 and Lot 81 DP1202584, D14/31500⇩
Council Meeting
3 February 2015
5.3 Disposal
of Land Lot 6 DP1065578, Acquisition of Land Lot 2 DP10655778 Northern
Distributor Road
Attachment 1 Map -
Lots 2, 4 and 6 DP1065578 and Lot 81 DP1202584
5.4 Suma
Park Dam Land Swap
TRIM
REFERENCE: 2015/184
AUTHOR: Roxanne
Betts, Major Projects Administration Coordinator
EXECUTIVE
Summary
At the Council meeting held on 23 October 2014, Council
resolved to endorse a land swap being part Lot 91 DP841660 for part Lot 10 DP
771560 for Council to form a new access road for Suma Park Dam.
Council have received Form 6 Administration sheets to execute
for the subdivision Certificate. However Council were not aware that an
existing Deposit Plan 1196320 was registered with the Department of Land and
Property Information, and therefore require Council to amend their resolution
to reflect the new lots accordingly.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the
Delivery/Operational Plan strategy “14.1 Our Environment
– Design and construct new infrastructure assets as specified with the
Asset Management Plan to agreed levels of service”.
Financial Implications
Nil
Policy and Governance Implications
Nil
|
Recommendation
1 That
Council endorse the land swap, being part Lot 991 DP1196320 for part Lot 10
DP 771560.
2 That
the subject land, being part Lot 991 DP1196320, be classified as operational.
3 That
authority be granted to affix the Seal of Council to all documentation
necessary with this matter.
|
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
At the Council meeting held on 23 October 2014, Council
resolved:
1 That
Council endorse the compensation arrangements detailed within the report. (2014/1865)
2 That
Council endorse the land swap, being part Lot 91 DP841660 for part Lot 10 DP
771560.
3 That
Council endorse the rescission of Caveats X490425 and AD787941B from the
“Suma Park” property.
4 That
the subject land, being part Lot 91 DP841660, be classified as operational
5 That
authority be granted to affix the Common Seal of Council to all documentation
necessary with this matter.
The land swap is proposed for two small parcels of land,
being Lot 990 DP1196320 (highlighted red) for part Lot 10 DP 771560
(highlighted blue). The attached two survey plans show the two parcels. The red
section is required to establish the new formal access road for the main dam.
The blue section is Council owned.
Attachments
1 Registered
Deposit Plan DP1196320 - Suma Park Dam Upgrade
DP1196320 - Registered, D15/1805⇩
Council Meeting
3 February 2015
5.4 Suma
Park Dam Land Swap
Attachment 1 Registered
Deposit Plan DP1196320 - Suma Park Dam Upgrade / DP1196320 - Registered
6 Closed Meeting
- See Closed Agenda
The General Manager 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 NetWaste
Waste Services Tender
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 Entering
into a Regional Contract for the Supply and Delivery of Bitumen Emulsion to
Central NSW Councils
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 Sale
of Land - Narrambla
This item is classified CONFIDENTIAL under the
provisions of Section 10A(2) of the Local Government Act 1993, which permits
the meeting to be closed to the public for business relating to (c)
information that would, if disclosed, confer a commercial advantage on a
person with whom the Council is conducting (or proposes to conduct) business.
6.4 Extension
of Contract - Senior Staff
This item is classified CONFIDENTIAL under the
provisions of Section 10A(2) of the Local Government Act 1993, which permits
the meeting to be closed to the public for business relating to (a) personnel
matters concerning particular individuals (other than councillors).
6.5 Renewal
of Contract - Senior Staff
This item is classified CONFIDENTIAL under the provisions
of Section 10A(2) of the Local Government Act 1993, which permits the meeting
to be closed to the public for business relating to (a) personnel matters
concerning particular individuals (other than councillors).
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6.1 NetWaste
Waste Services Tender
TRIM
REFERENCE: 2014/1783
AUTHOR: Wayne
Davis, Manager Waste Services and Technical Support
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 Entering
into a Regional Contract for the Supply and Delivery of Bitumen Emulsion to
Central NSW Councils
TRIM
REFERENCE: 2014/2455
AUTHOR: Stephen
Basha, Purchasing Officer
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.
6.3 Sale
of Land - Narrambla
TRIM
REFERENCE: 2015/195
AUTHOR: Kathy
Woolley, Director Corporate and Commercial Services
Reason
for Confidentiality
This item is
classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local
Government Act 1993, which permits the meeting to be closed to the public for
business relating to (c) information that would, if disclosed, confer a
commercial advantage on a person with whom the Council is conducting (or
proposes to conduct) business.
6.4 Extension
of Contract - Senior Staff
TRIM
REFERENCE: 2015/147
AUTHOR: Garry
Styles, General 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 (a) personnel matters concerning particular individuals
(other than councillors).
6.5 Renewal
of Contract - Senior Staff
TRIM REFERENCE: 2015/3
Reason
for Confidentiality
This item is
classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local
Government Act 1993, which permits the meeting to be closed to the public for
business relating to (a) personnel matters concerning particular individuals
(other than councillors).