ORANGE CITY COUNCIL

Ordinary Council Meeting

 

Agenda

 

4 August 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, 4 August 2015  commencing at 7.00pm.

 

 

Garry Styles

General Manager

 

For apologies please contact Michelle Catlin on 6393 8246.

    

 


Council Meeting                                                                                             4 August 2015

Agenda

EVACUATION PROCEDURE

In the event of an emergency, the building may be evacuated. You will be required to vacate the building by the rear entrance and gather at the entrance to the car park. This is Council's designated emergency muster point.

Under no circumstances is anyone permitted to re-enter the building until the all clear has been given and the area deemed safe by authorised personnel.

In the event of an evacuation, a member of Council staff will assist any member of the public with a disability to vacate the building

  

1                Introduction.. 4

1.1            Apologies and Leave of Absence. 4

1.2            Opening Prayer. 4

1.3            Acknowledgement of Country. 4

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

2                Mayoral Minutes. 4

Nil

COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE OPEN FORUM

COUNCIL MEETING RESUMES

3                Confirmation of Minutes of Previous Meeting.. 4

3.1            Minutes of the Ordinary Meeting of Orange City Council held on 21 July 2015. 5

COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE POLICY COMMITTEES

COUNCIL MEETING RESUMES.

4                Notices of Motion/Notices of Rescission.. 14

4.1            Rate exemptions for church properties by Cr Turner. 14

5                General Reports. 17

5.1            Electrolux Commemorative Book. 17

5.2            Orange City Council Participation in Ryde Council's 2015 Granny Smith Festival 19

5.3            Local Government NSW Annual Conference. 21

5.4            National General Assembly of Local Government 24

5.5            Classification of Lot 157 DP 1207987 Tilston Way - Drainage Reserve. 27

6                Closed Meeting - See Closed Agenda.. 29

6.1            Land Sale - Trappitt Place. 30

6.2            Waste Services Contract 31

6.3            Extension of Senior Staff Contracts. 32

7                Resolutions from closed meeting.. 33

 


Council Meeting                                                                                             4 August 2015

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

The provisions of Chapter 14 of the Local Government Act, 1993 (the Act) regulate the way in which Councillors and designated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public role.

The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest must be disclosed as soon as practicable after the start of the meeting and the reasons given for declaring such interest.

As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussion or voting on that matter, and requires that member to vacate the Chamber.

Council’s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code of Conduct also provides for a number of ways in which a member may manage non pecuniary conflicts of interest.

Recommendation

It is recommended that Councillors now disclose any conflicts of interest in matters under consideration by the Council at this meeting.

 

 

2       Mayoral Minutes

Nil       

3       Confirmation of Minutes of Previous Meeting

RECOMMENDATION

That the Minutes of the Ordinary Meeting of Orange City Council held on 21 July 2015 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate records of the proceedings of the Council meeting held on 21 July 2015.

 

Attachments

1        Minutes of the Ordinary Meeting of Orange City Council held on 21 July 2015



ORANGE CITY COUNCIL

 

MINUTES OF THE

Ordinary Council Meeting

HELD IN Council Chamber, Civic Centre, Byng Street, Orange

ON 21 July 2015

COMMENCING AT 7.00pm


 1      Introduction

Attendance

Cr J Davis OAM (Mayor), Cr C Gryllis (Deputy Mayor), Cr A Brown, Cr K Duffy, Cr R Gander, Cr N Jones, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton

General Manager, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Administration and Governance, Manager Corporate and Community Relations

1.1     APOLOGY

 

RESOLVED - 15/283                                                                             Cr C Gryllis/Cr S Munro

That the apology be accepted from Cr Hamling for the Council Meeting of Orange City Council on 21 July 2015.

 

1.2     ACKNOWLEDGEMENT OF COUNTRY

 

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

Item 5.6 Development Application DA 92/2015(1) – 3 Old Regret Road – Clifton Grove

Cr Brown declared a pecuniary interest in Item 5.6 due to a business relationship with the property owner.

 

2       Mayoral Minutes

Nil   


 

 

3       Confirmation of Minutes of Previous Meeting

RESOLVED - 15/284                                                                               Cr K Duffy/Cr S Munro

That the Minutes of the Ordinary Meeting of Orange City Council held on 7 July 2015 (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 7 July 2015.

 

 

MATTER ARISING                                                                                                                       

Cr Duffy requested Council forward its submission in relation to the Federal Assistance Grants to the Australial Local Government Association.

 

4       Notices of Motion/Notices of Rescission

4.1     Recent Code of Conduct Article in Sydney Morning Herald by Cr Taylor

TRIM Reference:        2015/1824

RESOLVED - 15/285                                                                           Cr G Taylor/Cr J Whitton

That Council be provided an update report on Code of Conduct issues and costs over this term.

 

 

MATTER ARISING

RESOLVED - 15/286                                                                              Cr K Duffy/Cr R Gander

That a report be provided on Councillor training opportunities available through Local Government Learning Solutions.

 

 

4.2     Waste Collection Project by Cr Whitton

TRIM Reference:        2015/1857

RESOLVED - 15/287                                                                              Cr J Whitton/Cr J Davis

1    That the Waste Services Contract/tender comes back to Council for discussion and consideration of contract arrangements and for clarity of conditions and service levels.

2    That Council investigate the option of operating its own Waste Management Service.

 

 


 

 

5       General Reports

5.1     Statement of Investments - June 2015

TRIM Reference:        2015/1727

RESOLVED - 15/288                                                                            Cr C Gryllis/Cr R Gander

1        That Council receives the Statement of Investments as at 30 June 2015.

2        That Council receives and adopts the certification of the Responsible Accounting Officer.

 

 

 

5.2     Recommendations and Resolutions from Policy Committees

TRIM Reference:        2015/1779

RESOLVED - 15/289                                                                               Cr K Duffy/Cr S Munro

1        That the resolutions made by the Sustainable Development Committee at its meeting held on 7 July 2015 be noted.

2        That the resolutions made by the Infrastructure Policy Committee at its meeting held on 7 July 2015 be noted.

3        That the resolutions made by the Services Policy Committee at its meeting held on 7 July 2015 be noted.

4        That the resolutions made by the Environment and Economic Development Committee at its meeting held on 7 July 2015 be noted.

5        That the resolutions made by the Finance Policy Committee at its meeting held on 7 July 2015 be noted.

6        That the following recommendations made by the Finance Policy Committee at its meeting held on 7 July 2015 be adopted.

          a        That Council support the request for financial assistance from Bowen Public          School to the value of $1,000 with the funding source to be identified at the   next quarterly review.

          b        That Council support the request for financial assistance from Cancer Council       NSW to the value of $1,000 with the funding source to be identified at the next     quarterly review.

          c        That Council support the request for financial assistance from No Limit        Management with the funding source to be identified at the next quarterly    review.

 

 


 

 

5.3     Outstanding Questions Taken on Notice

TRIM Reference:        2015/1780

RESOLVED - 15/290                                                                                 Cr C Gryllis/Cr R Kidd

That the information provided in the report by the Manager Administration and Governance on Questions Taken on Notice be acknowledged.

 

 

 

5.4     Request for Financial Assistance

TRIM Reference:        2015/1772

RESOLVED - 15/291                                                                           Cr R Gander/Cr S Munro

That Council fund the previous requests from Bowen Public School $1,000 and Cancer Council NSW $1,000 from the Sports Participant budget, and No Limit Management from the Major Promotions budget.        

 

 

 

5.5     Strategic Policy Review

TRIM Reference:        2015/1598

RESOLVED - 15/292                                                                            Cr R Gander/Cr C Gryllis

That Council adopt Strategic Policies - ST010 – Code of Conduct and ST002 Central West Libraries.

 

 

 

MATTER ARISING

RESOLVED - 15/293                                                                           Cr C Gryllis/Cr J Whitton

That Council express its concerns in relation to the Model Code of Conduct to the Office of Local Government.

 

 


 

 

5.6     Development Application DA 92/2015(1) - 3 Old Regret Road - Clifton Grove

TRIM Reference:        2015/1789

Cr A Brown declared a pecuniary interest in Item 5.6 due to a business relationship with the property owner, left the Chamber, and did not participate in the voting or debate on this item.

RESOLVED - 15/294                                                                           Cr J Whitton/Cr G Taylor

1        That Council consents to development application DA 92/2015(1) for Secondary Dwelling at Lot 74 DP 245220 - 3 Old Regret Road, Clifton Grove pursuant to the conditions of consent in the attached Notice of Approval.

2        That Council agrees to vary the 60m² minimum total floor area development standard under Clause 22 (3) (b) of State Environmental Planning Policy (Affordable Rental Housing) 2009 to permit the building as proposed pursuant to clause 4.6 – Variation of Development Standards of Orange Local Environmental Plan 2011.

3        That Council agrees to vary the covenant relating to the subject property relating to setbacks and size of building requirements for the subject land so as to allow the proposed development.

 

 

 

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

 

 

QUESTION TAKEN ON NOTICE                                                                                                    

Cr Turner requested information in relation to whether this approval creates additional waste/water charges to this land, and whether the approval extends to any future owner of this property. A memo to be provided to Councillors.

 


 

 


5.7     2015/16 Fees & Charges Amendment - Companion Animal Registrations

TRIM Reference:        2015/1795

RESOLVED - 15/295                                                                               Cr R Kidd/Cr R Gander

That the Companion Animal Lifetime Registration Fees, as presented in the following table, be adopted and placed on exhibition for the information of the community for a period of 28 days.

Companion Animals (Dogs and Cats) registered under Companion Animals Act 1998

(effective 01 July 2015)

·                For a de-sexed animal

$52.00

·                For a de-sexed animal owned by an eligible pensioner

$21.00

·                For a non-de-sexed animal

$192.00

·                For an animal not de-sexed but owned by a registered breeder for breeding purposes.

$52.00

 

 

 

5.8     Local Government NSW Annual Conference

TRIM Reference:        2015/1767

RESOLVED - 15/296                                                                                Cr R Kidd/Cr S Munro

1        That Council submit a motion to the 2015 Local Government Annual Conference in relation to concerns surrounding the Model Code of Conduct, and further motions to be identified for consideration at the next meeting.

2        That Councillors Davis, Kidd, Jones, Duffy, Munro and Whitton attend the Conference (or replacement Councillor in the event that any of the identified delegates are unable to attend).

 

 

 

5.9     Children (Protection and Parental Responsibility) Act 1997

TRIM Reference:        2015/1745

RESOLVED - 15/297                                                                              Cr R Kidd/Cr J Whitton

That the information provided in the report by the Community Services Manager on the application of the reinstatement of the Children (Protection and Parental Responsibility) Act 1997 be acknowledged. 

 

 


 

 

5.10   Update on Anzac Park Skate Facility and BMX Track

TRIM Reference:        2015/1732

RESOLVED - 15/298                                                                             Cr C Gryllis/Cr S Munro

That the update on the Anzac Park Skate Facility and BMX Track be noted.

 

 

 

QUESTION TAKEN ON NOTICE                                                                                                    

Cr Gryllis requested an inspection of Anzac Park Skate Facility and BMX Track and other key sites be organised.

 

** Cr Kidd left the meeting unwell at 8.15pm**

 

5.11   Classification of Land - Drainage Reserve - Lot 347 DP 1208773

TRIM Reference:        2015/1744

RESOLVED - 15/299                                                                                Cr C Gryllis/Cr K Duffy

1        That Lot 347 DP 1208773 be classified as Operational Land pursuant to Chapter 6, Part 2 of the Local Government Act 1993 (NSW).

2        That authority be granted to affix the Common Seal of Council to any documentation necessary to allow the classification.

 

 

5.12   COUNCIL FOLDER

TRIM Reference:        f1768

Wooden vase received from Orange Woodworkers Assocation thanking Council for its support.

RESOLVED - 15/300                                                                                Cr C Gryllis/Cr K Duffy

That the contents of the Council Folder be noted.

 

 


 

 

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.

RESOLVED - 15/301                                                                                 Cr C Gryllis/Cr J Davis

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 - Design and Construction - Orange Showground Pavilion

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

 

     

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE CLOSED MEETING AT 8.19PM

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.38PM


 

 

7       Resolutions from Closed Meeting

The Manager Administration and Governance read out the following resolutions made in the Closed Meeting of Council.

6.1     Tender - Design and Construction - Orange Showground Pavilion

TRIM Reference:        2015/1808

RESOLVED - 15/302                                                                           Cr R Gander/Cr S Munro

1        That Council decline to accept any of the tenders received for the design and Construction of the Orange Showground Pavilion as the tenders received did not offer an affordable option to Council.

2        That Council modify the specification and call for direct submission of the different elements for the design and construction of the Orange Showground Pavilion with a view to managing the project internally subject to an acceptable cost estimate and further report to Council on the following basis

3        That Council seek 3 tenders concurrently being:

          a        The design, supply and construct of a clear span pavilion with a clear internal       height of 6 metres for the following dimensions:

                   i.        60m x 33m; and

                   ii.       80m x 33m; and

                   iii.      100m x 33m.

          b        The design, supply and construct of the concrete slab and associated earthworks which meet the structural requirements as specified by Cook and         Roe Structural Engineers for the following dimensions:

i.       60m x 33m; and

ii.      80m x 33m; and

iii.     100m x 33m.

    c        Specified electrical services.

 

 

The Meeting Closed at 8.40PM

This is Page Number 9 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 21 July 2015.

     


Council Meeting                                                                                             4 August 2015

 

 

4       Notices of Motion/Notices of Rescission

4.1     Rate exemptions for church properties by Cr Turner

TRIM REFERENCE:        2015/1918

 

 

I, CR Russell Turner wish to move the following Notice of Motion at the Council Meeting of 4 August 2015:

 

Motion

1     That Council acknowledges that under the Local Government Act 1993 properties owned by churches which meet the Act definition of exempt are non-rateable.

2     That Council acknowledges that under the current definition in the Act that more than 60 church properties in the Orange Local Government Area have rate exemptions forgoing close to $400,000 annually in revenue.

3     That 181-183 Lords Place Orange be rateable effective 1 July 2015.

4     That Council make a submission to the NSW Government to ensure exemptions for multiple church properties owned by a single church are investigated as part of the IPART review.

 

 

 

Signed Cr Russell Turner

STAFF COMMENT

As reported to Council in December 2014, the former Australia Cinema site located at 181-183 Lords Place, Orange is currently exempt from paying rates.

At the 16 December 2014 meeting the Council considered a report in relation to Church Properties and resolved:

5.11   Rate Exemptions for Church Properties

TRIM Reference:        2014/2340

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.

 

 

While the report was noted, Council requested a review of Church properties to ensure those properties were operating for purposes in accordance with the exemption.

 

The Local Government Act 1993 (the Act) provides the following in relation to the exemption of rates for Church properties.

Sect 555 What Land is exempt from rates?

·    The following land is exempt from all rates:

(e) land that belongs to a religious body and is occupied and used in connection with:

a church or other building used or occupied for public worship; or

a building used or occupied solely as the residence of a minister of religion in connection with any such church or building; or

a building used or occupied for the purpose of religious teaching or training, or

a building used or occupied solely as the residence of the official head or the assistant official head (or both) of any religious body in the State or in any diocese within the State,

Council staff have met with representatives of the owner of this property to ascertain their eligibility to continue with their current rate exemption.

At the meeting with the representatives of the owners of this site and in more recent discussions, it was confirmed that the property is currently not being used for the purposes outlined above. However it is the intention of the owners that the site will be used for these purposes at some time in the future.

Accordingly, as per Section 555 of the Act, this property is no longer eligible to continue its current exemption from paying rates.

Ordinarily, the granting or removal of rating exemptions can be dealt with under delegation, however in this instance, the existing rating exemption was granted via a Council resolution:

 

RESOLVED – 11/254/10                                                                          Cr Taylor/Cr Whitton

That Council agree to exempt General Rates on the property 181 – 183 Lords Place, Orange from 30 March 2011.

 

Hence a resolution of Council is required to remove the current rating exemption.

It should be noted that once the site is used for the purposes outlined in Section 555 of the Act, the property may be eligible for exemption from rates effective from the date of commencement of the use.

The review of non-rateable properties undertaken last year found there were 67 non-rateable properties with an estimated forgone revenue of $397,000.

The review identified six properties that were worth further investigation including the Australia Cinema site.

Of those six, three provided details of how they met the rate exemption as detailed in the relevant section of the Local Government Act.

Two of the properties which were classified as non-rateable are now classed as rateable.

In both instances they were residences owned by a “Church” that were being privately leased out.

In both cases the owners accepted the removal of the rating exemption.

The final property of the six is the Australia Cinema.

The two properties that have shifted from non-rateable to rateable could be dealt with under delegation as they were made non-rateable under delegation.

The Australia Cinema was made non-rateable via a resolution of Council and as such making the site rateable also requires a resolution of Council.

 

Connected to the Fit for the Future reform agenda was a review of the Local Government Act 1993.

 

One of the Local Government Acts Taskforce recommendations was:

 

“Commission IPART to undertake a further review of the rating system focused on:

• Options to reduce or remove excessive exemptions and concessions that are contrary to sound fiscal policy and jeopardise councils’ long term sustainability.”

 

The NSW Government supported this recommendation in the following:

 

“The Government notes the issues raised by the Panel in relation to the equity of the current rating system. It remains committed however to protecting ratepayers from unfair rate rises and to providing rate concessions for pensioners. The Government will commission IPART to conduct a rating review to reflect these issues.”

 

FINANCIAL IMPLICATIONS

Should part three of this Notice of Motion be carried, Council will receive a minor increase to its annual rate revenue.

 

POLICY AND GOVERNANCE IMPLICATIONS

Allowing the Australia Cinema site to continue as non-rateable contravenes the Act.

 

 

   


Council Meeting                                                                                             4 August 2015

 

 

5       General Reports

5.1     Electrolux Commemorative Book

TRIM REFERENCE:        2015/1890

AUTHOR:                       Nick Redmond, Manager Corporate and Community Relations    

 

 

EXECUTIVE Summary

Council, at its meeting held on 16 June 2015, resolved to place on exhibition a proposed donation of $10,000 towards the publishing of a book commemorating the Electrolux Plant and its staff. The proposal has been advertised and is presented back to Council for determination.

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 $10,000 donation will be funded from the advertising budget.

Policy and Governance Implications

Nil

Recommendation

That Council fund the request from Electrolux for $10,000 for a commemorative book from the advertising budget.

 

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 17 June 2015, Council resolved:

 

RESOLVED – 15/239                                                                             Cr S Munro/Cr C Gryllis

That Council place on exhibition a donation of $10,000 towards the publishing of a book commemorating the Electrolux Plant and its staff with the allocation to be from the remaining unspent donations and city promotions budgets.

 

 

Electrolux has advised that each current employee will receive the book as a gift.


 

The submission from Electrolux stated that:

“The commemorative book is targeted, primarily at current or recent employees of the plant who will value and retain as a happy memento of their time there. But it will also include material illustrating the bright future of Orange and the Central West Region and former factory employees moving into new careers in other industries.”

The proposed donation was placed on exhibition from 26 June 2015 to 24 July 2015.

No submissions were received during this period.

 

 

  


Council Meeting                                                                                             4 August 2015

 

 

5.2     Orange City Council Participation in Ryde Council's 2015 Granny Smith Festival

TRIM REFERENCE:        2015/1859

AUTHOR:                       Glenn Mickle, Manager Tourism    

 

 

EXECUTIVE Summary

This report is provided to update Council on promotional activity in the Sydney market via the Ryde River Festival and the Ryde Granny Smith Festival.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “10.2 Our Economy – Facilitate and support the attraction and development of events, festivals, venues and activities for residents and visitors, ensuring access and participation for older people”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

That the funding allocated to the 2015 Ryde River Festival be re-allocated to promotional activity at the Ryde Granny Smith Festival.

 

further considerations

The recommendation of this report has been assessed against Council’s other key risk categories and the following comments are provided:

 

 

Image and Reputation

Attendance at the Granny Smith Festival will create substantial goodwill towards the Orange Region as part of the sponsorship involves provision of free Granny Smith Apples to 2,000 school children within the Ryde Local Government area.

SUPPORTING INFORMATION

Council staff and Councillors have attended a number of previous Ryde River Festivals in order to promote our local produce and to encourage visitation.  The Ryde River Festival will not be held in 2015.

Orange City Council has instead been invited to sponsor and attend the 2015 Granny Smith Festival in Ryde on Saturday 17 October. The event attracts over 80,000 people and will provide an opportunity to showcase our region and encourage visitation. It will also promote our apples, other local produce and growers at a mini Farmers Market. Local producers are currently being canvassed to ensure a successful exhibition.

This sponsorship is valued at $4,000 and will be partly funded through existing budget for attendance at Consumer/Trade Shows.

Of the $4,000, it is proposed that $1,500 currently allocated for attendance at the Ryde River Festival be re-allocated to the Consumer/Trade Show budget to assist in funding the promotional opportunity.

 

  


Council Meeting                                                                                             4 August 2015

 

 

5.3     Local Government NSW Annual Conference

TRIM REFERENCE:        2015/1915

AUTHOR:                       Michelle Catlin, Manager Administration and Governance    

 

 

EXECUTIVE Summary

At its meeting held on 21 July 2015 Council resolved to submit a motion to the 2015 Local Government Annual Conference in relation to concerns surrounding the Model Code of Conduct, and further motions to be identified for consideration at the next meeting.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “2.3 Our City - Facilitate community input into local and regional strategic lobbying and advocacy initiatives for the needs and aspirations of the people of the City of Orange to external stakeholders”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

That in addition to the notice of motion on Code of Conduct process as identified at the 21 July 2015 Council meeting,  Council identify any further notices of motion to be submitted to the 2015 Local Government NSW Annual Conference.

 

further considerations

The recommendation of this report has been assessed against Council’s other key risk categories and the following comments are provided:

 

 

Political

Council is provided an opportunity to raise matters of importance at the annual conference through this process. Motions must be relevant to Local Government, and fall within the categories identified in this report.

 


 

SUPPORTING INFORMATION

At its meeting held on 21 July 2015, Council resolved:

 

RESOLVED - 15/001                                                                                  Cr R Kidd/Cr S Munro

1        That Council submit a motion to the 2015 Local Government Annual Conference in relation to concerns surrounding the Model Code of Conduct, and further motions to be identified for consideration at the next meeting.

2        That Councillors Davis, Kidd, Jones, Duffy, Munro and Whitton attend the Conference (or replacement Councillor in the event that any of the identified delegates are unable to attend).

 

This report seeks further notices of motion.

LGNSW has provided the subject areas that motions will be considered under for the Local Government Annual Conference to be held at Rosehill from 11-13 October 2015.

The categories are:

1        Industrial Relations and Employment

2        Economic

3        Environmental

4        Governance/Civic Leadership

5        Social Policy

LGNSW has also asked that along with motions, an appropriate solution be provided. Motions must be relevant to NSW Local Government.

 

MOTION CATEGORIES:

1 INDUSTRIAL RELATIONS & EMPLOYMENT

Industrial relations and employment related legislation; industrial awards and rates of pay; WHS and worker compensation compliance; human resources policy, practice and benchmarking; workforce planning and development; staff and councillor training and development; skills shortages; staff attraction, retention and productivity; employment security; workplace change; Code of Conduct; leadership and management capacity; capability framework; council governance.

2 ECONOMIC

Own source revenue (eg rates, fees, charges etc); intergovernmental fiscal relations (eg grants, cost shifting etc); financial management and governance including long term financial planning and asset management; financial sustainability; economic policy affecting Local Government; local and regional economic development (including tourism); transport (eg roads, bridges, airports, pedestrian and cycle facilities, rail); Local Water Utilities; stormwater and floodplain infrastructure; other infrastructure and disaster management and recovery.

3 ENVIRONMENTAL

Land use planning (including environmental, heritage conservation and development planning); ecologically sustainable development; waste management in accordance with the waste hierarchy and extended producer responsibility; natural resource management; protection of local, regional and state natural environments including air quality, rivers and waterways and biodiversity, biosecurity and weeds management; pollution prevention including energy consumption and soil contamination; environmental risk management through reduction of hazards and pollutants and remediation/rehabilitation of degraded environments; climate change mitigation and adaptation; and responsible resource consumption and conservation.

4 GOVERNANCE/CIVIC LEADERSHIP

Local Government legislative and regulatory settings (eg Australian and/or NSW Constitutional recognition; Local Government Act review); corporate governance (eg role differentiation for Mayors, Councillors, General Managers and senior staff; Codes of Conduct; Political donations); structural reform (e.g. amalgamations and/or boundary changes; shared resources and services); Local Government elections (eg financial impact of electoral reforms on councils; impact of electoral reforms); participation (eg women’s participation rates as councillors; cultural diversity in leadership; other opportunities for citizens to genuinely participate in council processes); and policies and programs of other spheres of government that impact on Local Government governance or citizen involvement in local democracy.

5 SOCIAL POLICY

Social planning, social impact assessment, access, equity and social justice; community development and community cultural development; community halls and neighbourhood centres, ageing and disability services, women’s services, youth services and children’s care and education services); issues of concern and interest to NSW Aboriginal and Torres Strait Islander Peoples; cultural services (performing and visual arts, art galleries, performing arts centres, museums, public art, community arts, festivals, celebrations, heritage, new media and digital arts); Libraries; Health services (regulatory activities reducing public health risks; promoting healthy lifestyles; immunisation, early childhood health centres or rural medical services); Recreation facilities and services; and crime prevention planning.

 

 

 

 


Council Meeting                                                                                             4 August 2015

 

 

5.4     National General Assembly of Local Government

TRIM REFERENCE:        2015/1943

AUTHOR:                       Kevin Duffy, Cr    

 

 

EXECUTIVE Summary

I recently attended the National General Assembly (NGA) of Local Government, held 14 to 17 June 2015, in Canberra. This report outlines the highlights of the NGA for Council’s information.

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

That the report on the National General Assembly of Local Government by Cr Kevin Duffy be acknowledged.

 

further considerations

Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.

SUPPORTING INFORMATION

 

Mr Troy Picard, the President of Australian Local Government Association (ALGA) welcomed everyone and proceeded to introduce the ALGA members.

 

Mr Pickard is a very capable President who has taken over that role from Dr Felicity Anne Lewis.

 

The President urged all councils to pass a resolution to acknowledge the value of Federal Assistance Grants (FAG) and urge the Government to reinstate the FAG immediately.

 

The Prime Minister was an apology and he was replaced by the Deputy Prime Minister Warren Truss. The Deputy went on to say many things and gave no apology for the continued freeze of the FAG Grants.


 

Mr Truss said there is now an unprecedented opportunity to rethink the way governments do business and serve communities. The Government is providing the forum to discuss change through White Papers on the Reform of the Federation and taxation. The White Paper was not the place for Recognition of Local Government in the Constitution.

 

The White Paper on the Reform of the Federation will be delivered in the first half of 2016.

 

Round two of the National Stronger Regions Fund opened on 15 May and closes on 31 July 2015.

 

The Deputy PM said his Government was committed to Local Government and it is further shown by programs below.

 

·    $2.1 billion Roads to Recovery Programme

·    $1 billion National Stronger Regions Fund

·    $300 million Bridges Renewal Programme

·    Additional $200 million each for the Black Spot and Heavy Vehicle and Safety & Productivity Programmes

·    $100 million for beef roads

·    $45 million under the Stronger Communities Fund

 

He stated the Government was committed to Melbourne to Brisbane Rail Link and looked forward to John Anderson's report in the coming weeks. He also spoke briefly about a "Fast Train" but indicated it would not be necessary until 2063.

 

The Deputy PM went on to say that the coalition had brought the National Debt down from $140 billion to $100 Billion.

 

The Leader of the Opposition addressed the NGA.

 

His speech acknowledged the work of the previous government.

 

The Hon Greg Hunt MP addressed the Assembly and concluded that we cannot sustain economic growth without clean air and clean land, and on this we need to work together.

 

He urged support to continue the development and roll-out of the National Clean Air Agreement, the Emission Reduction Fund, the Green Army and the e- waste scheme.

 

Mr John Comrie of Deloitte Access Economics addressed the assembly about taxation reform. Deloitte have been engaged by ALGA for support and comment.

 

Senator Richard Di Natale of the Greens addressed the Assembly and was very similar to Bill Shorten, praising their own interests and criticising the Government.

 

Mr Lawrence Yule, Local Government NZ, addressed the Assembly about the New Zealand experiences. General comment was that many delegates were not that enthused about NZ as we have 560 Councils of our own that we should be drawing on.

 

Keynote Speaker Cassandra Goldie warned Local Government about user pay within Local Government could in the long term become regressive and create social divides.

 

Resolutions at the Assembly as usual were slow and debated vigorously and on most occasions were hampered by lack of experience of some delegates. 

 

Council submitted a motion which was carried, which was:

 

“That the National General Assembly continue to support the introduction of a National Container Deposit Scheme, and ensure Local Government is represented as a key stakeholder in the design and development of the technical features of such a scheme, to ensure the Scheme will be cost neutral to Local Government”.

 

Some other resolution topics were:

 

-     Federal Assistance Grants

-     Affordable housing

-     Cost shifting

-     Natural Disaster Funding

-     Renewable Energy

-     Reporting on responses to resolutions

 

A general consensus of a lot of delegates was the conference was a little dull simply because it's the mid-term of Government.

 

  


Council Meeting                                                                                             4 August 2015

 

 

5.5     Classification of Lot 157 DP 1207987 Tilston Way - Drainage Reserve

TRIM REFERENCE:        2015/1821

AUTHOR:                       Shirley Hyde, Legal and Property Officer    

 

 

EXECUTIVE Summary

This report seeks Council’s consent to classify land situated at Lot 157 DP 1207987 Tilston Way, Orange, acquired for the purposes as drainage reserves, as Operational Land.

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 Lot 157 DP 1207987 be classified as Operational Land pursuant to Chapter 6, Part 2 of the Local Government Act 1993.

2        That authority be granted to affix the Council Seal to any documentation necessary to allow the classification.

 

further considerations

Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.

SUPPORTING INFORMATION

As part of the subdivision development of Lot 82 DP 1202584, the developer was required in accordance with Council’s development consent and the Orange Development Control Plan 2004, to construct a public reserve. Council acquired such land through funding from Section 94 contributions and it was dedicated as public reserve under Section 49(1) of the Local Government Act 1993. The parcel has an area of 1.456 ha. This report seeks to classify Lot 157 DP 1207987, used for drainage purposes, as Operational Land. The subject land is shaded on the following map.

 

 

     


Council Meeting                                                                                             4 August 2015

 

 

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     Land Sale - Trappitt Place

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     Waste Services Contract

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     Extension of Senior Staff Contracts

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

 

 


Council Meeting                                                                                             4 August 2015

 

 

6.1     Land Sale - Trappitt Place

TRIM REFERENCE:        2015/1809

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.

 

 


Council Meeting                                                                                             4 August 2015

 

 

6.2     Waste Services Contract

TRIM REFERENCE:        2015/1940

AUTHOR:                       Nick Redmond, Manager Corporate and Community Relations    

Reason for Confidentiality

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

 

 


Council Meeting                                                                                             4 August 2015

 

 

6.3     Extension of Senior Staff Contracts

TRIM REFERENCE:        2015/1888

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).

 

  


Council Meeting                                                                                             4 August 2015

 

 

7       Resolutions from closed meeting