Agenda of Council Meeting

ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 19 July 2016

COMMENCING AT 7.00pm

1 Introduction

Attendance

Cr J Davis OAM (Mayor), Cr K Duffy, Cr R Gander, Cr J Hamling, Cr N Jones, Cr G Taylor (7.05pm), Cr R Turner, Cr J Whitton

General Manager, Acting Director Development Services (Hodges), Director Community, Recreation and Cultural Services, Manager Administration and Governance, Manager Corporate and Community Relations, Planning Team Leader

1.1 APOLOGIES

RESOLVED - 16/274 Cr R Gander/Cr J Whitton

That the apologies be accepted from Cr A Brown, Cr C Gryllis (Deputy Mayor), Cr R Kidd, Cr S Munro for the Council Meeting of Orange City Council on 19 July 2016.

1.2 ACKNOWLEDGEMENT OF COUNTRY

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

Nil

2 Mayoral Minutes

Nil

3 Confirmation of Minutes of Previous Meeting

RESOLVED - 16/275 Cr R Gander/Cr R Turner

That the Minutes of the Ordinary Meeting of Orange City Council held on 5 July 2016 (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 5 July 2016.

4 Notices of Motion/Notices of Rescission

4.1 NSW Government's Decision to Abolish the Greyhound Industry in NSW by Cr Whitton by Cr Whitton

TRIM Reference: 2016/1568

RESOLVED - 16/276 Cr J Whitton/Cr J Hamling

That Orange City Council object to the NSW Government’s decision to abolish the Greyhound Industry in NSW.

** Cr Jones requested that his name be recorded as having voted against this decision of the Council. **

5 General Reports

5.1 Recommendations and Resolutions from Policy Committees

TRIM Reference: 2016/1502

RESOLVED - 16/277 Cr R Gander/Cr K Duffy

1 That the resolutions made by the Planning and Development Committee at its meeting held on 5 July 2016 be noted.

2 That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held 5 July 2016 be noted.

3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 5 July 2016 be noted.

4 That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 5 July 2016 be noted.

5 That the resolutions made by the Finance Policy Committee at its meeting held on 5 July 2016 be noted.

6 That the resolutions made by the Services Policy Committee at its meeting held on 5 July 2016 be noted.

MATTER ARISING

RESOLVED - 16/278 Cr J Whitton/Cr G Taylor

That Council review the accuracy of the new mobile parking technology.

5.2 Outstanding Questions Taken on Notice

TRIM Reference: 2016/1503

RESOLVED - 16/279 Cr J Hamling/Cr K Duffy

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

5.3 Statement of Investments - June 2016

TRIM Reference: 2016/1507

RESOLVED - 16/280 Cr K Duffy/Cr J Whitton

1 That Council receives the Statement of Investments as at 30 June 2016.

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

5.4 Restart NSW Fund

TRIM Reference: 2016/1456

RESOLVED - 16/281 Cr J Hamling/Cr K Duffy

1 That the report on the Restart NSW Grant of $1.46M for upgrade works at the Orange Airport be acknowledged.

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

5.5 Association of Mining Related Councils

TRIM Reference: 2016/1491

RESOLVED - 16/282 Cr R Turner/Cr K Duffy

That the report on the Association of Mining Related Councils be acknowledged.

5.6 Disability Services - Transition to the National Disability Insurance Scheme

TRIM Reference: 2016/1355

RESOLVED - 16/283 Cr K Duffy/Cr R Gander

1 That the report on Disability Services – Transition to the National Disability Insurance Scheme be acknowledged.

2 That Council support the continued provision of Disability Services to June 2018 with services to be reviewed in the third quarter of the 2017-2018 Financial Year.

5.7 Lease of Hangar H Orange Airport

TRIM Reference: 2016/1475

RESOLVED - 16/284 Cr R Turner/Cr N Jones

1 That Council enter into a lease with the purchaser of Hangar H for a term of 1 year plus two 1 year options.

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

5.8 Development within Suma Park Inundation zone

TRIM Reference: 2016/1411

RESOLVED - 16/285 Cr G Taylor/Cr J Hamling

1 That Council prepare a Planning Proposal to control subdivision in the Suma Park Dam inundation zone via an increase in minimum lot size.

2 That Council consult with affected landowners.

3 That Council submit the Planning Proposal to the Department of Planning and Environment for a Gateway process.

5.9 Development Application DA 171/2016(1) - 102-110 Autumn Street

TRIM Reference: 2016/1448

RESOLVED - 16/286 Cr K Duffy/Cr N Jones

That Council consents to development application DA 171/2016(1) for Seniors Housing – Group Of Self-Contained Dwellings (Six) at Lot 50 DP 1130577 - 102-110 Autumn Street Orange pursuant to the conditions of consent in the attached Notice of Approval, with an additional condition requiring an infrastructure damage bond to be paid.

Division of Voting
Voted For	Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr J Hamling, Cr N Jones, Cr G Taylor, Cr R Turner, Cr J Whitton
Voted Against	Nil
Absent	Cr C Gryllis, Cr R Kidd, Cr S Munro, Cr A Brown

5.10 Relocation of Rural Fire Service Headquarters to Orange by Cr Kidd

TRIM Reference: 2016/1629

RESOLVED - 16/287 Cr K Duffy/Cr J Whitton

That Council provide a submission for the relocation of the NSW Rural Fire Service.

5.11 TAFE Digital Centre by Cr Kidd

TRIM Reference: 2016/1628

RESOLVED - 16/288 Cr K Duffy/Cr J Whitton

That Council lobby the State Government to locate the TAFE Digital Centre to Orange.

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 - 16/289 Cr J Hamling/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 Water/Sewer Charges - 23 Scott Place, 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 (b) the personal hardship of any resident or ratepayer.

6.2 Acquisition of land - Callistemon 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.

6.3 Easement Adjustments - Macquarie Pipeline Project

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 Civil Construction of Narrambla Stage 8

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 Tender for Widening of the East Orange Channel - Byng Street to McLachlan Street

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 8.05pm.

The Mayor declared the Ordinary Meeting of Council resumed at 8.18pm.

7 Resolutions from Closed Meeting

The General Manager read out the following resolutions made in the Closed Meeting of Council.

6.1 Water/Sewer Charges - 23 Scott Place, Orange

TRIM Reference: 2016/1489

RESOLVED - 16/290 Cr K Duffy/Cr R Gander

1 That the 2014 first quarter water consumption charge for 23 Scott Place Orange of $968.64 be reduced to $0.00.

2 That the 2014 first quarter sewerage charge for 23 Scott Place Orange of $1,023.10 be reduced to $109.93 and the trade waste charge of $691.56 be reduced to $18.70.

6.2 Acquisition of land - Callistemon Place

TRIM Reference: 2016/1471

RESOLVED - 16/291 Cr R Turner/Cr K Duffy

1 That Council proceed to acquire Lot 133 DP 1164996 for the sum of $10m² less all outstanding rates/water charges currently levied on the land.

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

3 That upon acquisition, the land be classified as Operational.

6.3 Easement Adjustments - Macquarie Pipeline Project

TRIM Reference: 2016/1381

RESOLVED - 16/292 Cr J Hamling/Cr K Duffy

1 That Council authorise the General Manager to finalise the purchase of easement adjustments associated with the Macquarie Pipeline Project as described in the report.

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

3 That any land acquired be classified as Operational

6.4 Tender for Civil Construction of Narrambla Stage 8

TRIM Reference: 2016/1390

RESOLVED - 16/293 Cr R Turner/Cr J Hamling

1 That Council award the contract for the construction of Narrambla Stage 8 (separable portions A, B and C) to Hamcon Civil Pty Ltd based for the lump sum and Schedule of Rates prices totalling $1,117,124 exclusive of GST, with separable portion B subject to a confirmed land sale agreement. Noting that should separable portion B not proceed, that the lump sum and schedule of rates prices total be adjusted to $1,036,624 exclusive of GST.

2 That $1,109,041 be allocated from the Land Development Restricted Asset to fund the tendered price for separable portions A and B and associated costs and contingency (if required); and $242,837 be allocated from the Waste Services Restricted Asset to fund the tendered price for separable portion C and associated contingency (if required). Noting that should separable portion B not proceed, that the funding amounts be adjusted to $960,447 from the Land Development Restricted Asset, and $302,881 from the Waste Services Restricted Asset.

3 That permission be granted to affix the Council Seal to all relevant documents.

Division of Voting
Voted For	Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr J Hamling, Cr N Jones, Cr G Taylor, Cr R Turner, Cr J Whitton
Voted Against	Nil
Absent	Cr C Gryllis, Cr R Kidd, Cr S Munro, Cr A Brown

6.5 Tender for Widening of the East Orange Channel - Byng Street to McLachlan Street

TRIM Reference: 2016/1418

RESOLVED - 16/294 Cr J Whitton/Cr K Duffy

1 That Council award the contract for the widening of the East Orange Channel Byng Street to McLachlan Street to Hibbo Hire Pty Ltd for the amount of $996,668.33 exclusive of GST.

2 That Council allocate additional funding of up to $200,000 from the Stormwater Levy funds to cover contingencies and project management if required.

3 That approval be granted for the use of the Council Seal on all relevant documents.

Division of Voting
Voted For	Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr J Hamling, Cr N Jones, Cr G Taylor, Cr R Turner, Cr J Whitton
Voted Against	Nil
Absent	Cr C Gryllis, Cr R Kidd, Cr S Munro, Cr A Brown

The Meeting Closed at 8.22pm

This is Page Number 9 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 19 July 2016.

Council Meeting 2 August 2016

4.2 Mobile Parking Camera by Cr Whitton

TRIM REFERENCE: 2016/1729

I, CR Jeff Whitton wish to move the following Notice of Motion at the Council Meeting of 2 August 2016:

Motion

That Council, effective immediately, suspend the use of the Mobile Parking Camera until investigation in its reliability and accuracy are carried out.

Background

Since raising issues from the public last week, I have had a number of residents contact me with complaints of being fined when they had irrefutable evidence that they could not have possibly been at that location for the length of time mentioned on their fines.

I have also been asked by several residents if it is an offence to park in the same location more than once on the same day, and it has been suggested that residents have been told they cannot return to spots already used on the same day.

Signed Cr Jeff Whitton

STAFF COMMENT

Following representations by Councillor Whitton at the last Council meeting, an internal audit of the technology has been undertaken by staff. As a result, the Licence Plate Recognition (LPR) product has been returned to the supplier for further review. Council staff are of the view that the reliability and accuracy of the product is not in question, but rather there a few concerns about the quality of the photographic image recorded as evidence. Concern has been raised by Council’s Parking Attendants about the clarity of the photographic evidence produced by the technology in more recent times and that the clarity of the evidence can affect a decision on whether or not to issue an infringement relating to a car being parked in the exactly the same or similar location on a second pass.

The LPR system involves a camera and a computer which are fitted to a motor vehicle that is driven by Council staff. As the vehicle passes stationary vehicles parked in restricted areas, a photograph is taken of the license plate of the parked vehicle and surrounding background. The exact time, date and location of the parked vehicle is recorded on the computer. When the prescribed time limit for the area has expired, the LPR vehicle will again patrol the area. All the parked vehicles will again have their license plates photographed. The LPR system will then compare the images from the first patrol to those of the second and will alert the operator if a parked car has potentially over-stayed the time-limit within a particular zone.

Where a car is detected as potentially overstaying the time limit, Council’s Parking Attendants carry out a validation process to determine whether or not to issue an infringement notice. This process involves a review of the photographic evidence on the computer screen and an assessment as to whether or not the vehicle had been moved during that period. It also involves an assessment of whether or not the vehicle has a mobility (disabled) permit, or resident parking sticker, or the like on the car. Only after being satisfied that the vehicle is in the same position, an infringement notice is left under the car’s windscreen wipers.

The system does not solely rely on GPS coordinates, but rather a combination of both GPS technology and photographic evidence obtained via licence plate recognition technology. The GPS location relates only to the position of the Council vehicle within a particular zone, and not the actual position of a vehicle within the street. The photographic evidence obtained from this system is heavily relied upon in determining whether or not to issue an infringement notice.

During the period of May, June and July to date, Council has issued 407 infringement notices using the LPR technology. Council has been requested to provide photographic evidence to the State Debt Recovery Office (SDRO) on five (5) occasions during that period relating to infringement notices issued under this system. Council would be aware that Council engages the SDRO to review the circumstances in which an infringement notice is issued on Council’s behalf so as to keep this process independent.

A question has been asked if a vehicle can return to a parking zone previously parked in on the same day. This is permissible, however Council’s advice to residents is that to avoid all risk, try not to park in exactly the same spot.

The law requires a vehicle to be moved from a car parking zone before re-parking in that same zone. The main issue appears to relate only to those circumstances whereby a person chooses to return to park within the exact same position within the same zone. Under those circumstances, if a car is detected as potentially overstaying the time zone, a comparison of photographs taken by the LPR technology which shows the background of vehicle against buildings, signposts, tree barriers and the like is used to determine whether or not a vehicle was highly likely to have been moved.

Council staff have been instructed from the introduction of this technology to be conservative in their approach and give the benefit of the doubt where possible.

Council Meeting 2 August 2016

5 General Reports

5.1 Lease to Orange Kart Club

TRIM REFERENCE: 2016/1632

AUTHOR: Michelle Catlin, Manager Administration and Governance

EXECUTIVE Summary

For approximately 40 years, the Orange Kart Club Limited have utilised Council owned land in Perc Griffith Way, adjacent to the Orange Harness Racing Club as their club and race track facility. This report seeks Council’s approval to enter into a further lease with the Club.

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

Council has been advised that as a council included in the NSW Government’s merger proposals under consideration by the Office of Local Government since referral on 6 January 2016, Council must comply with the merger proposal period guidelines issued under S23A of the Local Government Act 1993.

The guidelines instruct Council it should expend money in accordance with the detailed budget adopted for the purposes of implementing the Delivery/Operational Plan for the 2015/16 year.

Any expenditure outside the adopted budget requires the identification of clear and compelling grounds and must be approved by Council at a meeting that is open to the public. The guidelines indicate the resolution of Council for increased expenditure must specify the reasons why the expenditure is required and warranted.

If increased expenditure is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, Council is required to exhibit the increase to the budget and consider comments received.

Council must also avoid entering into contracts or undertakings were expenditure or revenue is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, unless the contract or undertaking is as a result of a decision or procurement process commenced prior to the merger proposal period or where entering into a contract or undertaking is reasonably necessary for the purposes of meeting the ongoing service delivery commitments of the Council or was previously approved in the Council’s Delivery/Operational Plan.

Policy and Governance Implications

Nil

Recommendation

1 That Council enter into a five year lease with the Orange Kart Race Club Limited with two five year options.

2 That permission be granted for the use of the Common Seal on all necessary documentation.

further considerations

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

SUPPORTING INFORMATION

The Orange Kart Race Club is one of the oldest karting clubs and circuits within Australia having commenced in the early 1960s. Over the years NSW State and Australian championships have been hosted at the circuit.

Throughout this time a long and co-operative relationship has existed between Council and the Club enabling the continued development of the sport and the site itself for the benefit of the community. Members of the club have taken on the management of the complex with Council required to provide minimal to no assistance. The complex has been very well managed providing a high quality facility for social and competitive members. The Club have advised they are exploring other opportunities to utilise the track, including cycling events.

The club has lodged an Expression of Interest to host the 2017 State Karting Championships hosting up to 400 competitors as well as support personnel. To be a serious contender the club wishes to undertake upgrading of its facilities and track. The funding for the upgrade would be by way of a secured bank loan and funding from the Australian Kart Development Fund, however both sources require a formal lease be in place.

There have been some discussions about the possible relocation of the kart track however these discussions have not progressed. The lease will include a provision to negotiate with the Club in the event that the relocation option is pursued in the future.

It is recommended that Council proceed with the requested lease.

Council Meeting 2 August 2016

5.2 Orange Regional Museum

TRIM REFERENCE: 2016/1567

AUTHOR: Scott Maunder, Director Community, Recreation and Cultural Services

EXECUTIVE Summary

This report provides an update on the costs incurred for the construction of the Orange Regional Museum, amounts received from external parties and an update on the opening of various elements of the facility.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “8.2 Our Community – Seek innovative and creative solutions in partnership with key stakeholders that convert the demonstrated community need for cultural services/facilities to infrastructure and activities”.

Financial Implications

The guidelines instruct Council it should expend money in accordance with the detailed budget adopted for the purposes of implementing the Delivery/Operational Plan for the 2015/16 year.

Council must also avoid entering into contracts or undertakings where expenditure or revenue is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, unless the contract or undertaking is as a result of a decision or procurement process commenced prior to the merger proposal period or where entering into a contract or undertaking is reasonably necessary for the purposes of meeting the ongoing service delivery commitments of the Council or was previously approved in the Council’s Delivery/Operational Plan.

At its meeting of 23 October 2014 Council resolved:

RESOLVED - 14/976 Cr J Hamling/Cr S Munro

1 That Tender F1234 for construction of the Orange Regional Museum and Cultural Square is awarded to Zauner Constructions Pty Ltd to the value of $8,068,000 (GST Exclusive) for separable potions 1 and 2 subject to the satisfactory execution of the contract.

2 That Council make an internal allowance for contingencies of $800,000 which is approximately 10% of the value of the contract.

3 That Council fund any shortfall in the costs of the Orange Regional Museum from internal borrowings.

4 That approval be granted for the use of the Council Seal on all documents associated with this contract.

The tendered amount from Zauner included a fitout allowance of $500,000 for the exhibition (Separable portion 2) should Council require that work to be undertaken by Zauner. Council did not engage Zauner to conduct these works due to the specialist nature of the works and have engaged specialists in the field to assist with the development and fitout for the opening exhibition. The contract value for Zauner prior to any project variations then was 7,568,000.

It was recognised that the project of this scale would require variations to design. An allowance for these costs was included in the resolution of Council. Given the scale of the project it was also necessary to engage full time project management to manage both the day to day elements of the project and the overall build management. This was allowed for in the contingency budget.

During construction variations to the amount of $237,621 were approved for items that were not included in the original specification. These were for additional Handrail, additional sink, internal data and power floor boxes, café waste points, revolving door, emergency exit pivot door, roof grass type, external GPO to roof, pavement works, asbestos removal, concrete removal and additional Internal lighting.

A summary of the project costs follows:

Category	Amount
Development application fees	42,672.00
Precinct landscaping	47,717.26
Project management	202,436.77
Zauner	7,805,621.00
Total	$8,098,447.03

It is estimated that the Visitor Centre fitout, Administration fitout and costs for the initial Museum exhibition fitout will be up to 400k bringing the total spend to $8,498,447.03.

FUNDING

Australian Government Grant

Council was successful in obtaining a grant from the Australian Government for $4M towards the construction of the Orange Regional Museum. These funds have been fully received by Council.

The remaining cost of construction was to be met by a combination of Council funds and funds raised by the Orange Regional Museum Foundation, together with any additional sources of income (eg if grants became available).

Orange Regional Museum Foundation

As a component of the above grant application the Orange Regional Museum Foundation was established to raise public funds for an initial target of $1.2M.

To date the Orange Regional Museum Foundation has raised a total of $405,950 in both cash and objects. The amount comprises $110,950 cash and objects for use in the Museum valued at $295,000. The foundation currently has pledges of $6,000 and is awaiting the outcome of a grant application for $80,000. The activities of the Orange Regional Museum Foundation will continue for the life of the Museum with funds secured being transferred to Council.

Orange City Council

The report to Council of 23 October 2014 established the following funding for the project:

Source of funds	Amount
Australian Government Grant	$4,000,000
Orange Regional Museum Foundation Contribution	500,000
Orange City Council - Restricted Asset	2,000,000
Section 94	455,000
Internal borrowings	1,913,000
Total	$8,868,000

In light of the revised estimate for this project a revised funding schedule has been proposed as follows:

Source of funds	Amount
Australian Government Grant	$4,000,000
Orange Regional Museum Foundation Contribution	400,000
Orange City Council - Restricted Asset	1,717,000
Section 94	470,000
Internal borrowings	1,913,000
Total	$8,500,000

The internal borrowings will be initially drawn down from Council’s Internally Restricted Assets and will be repaid be any contributions received during the operation of the Orange Regional Museum and the Orange Regional Museum Fund.

Council has been advised by the Orange Regional Museum Fund that it is in a position to transfer an initial $100,000 with the impact of reducing the internal borrowing to $1,813,447.

Contributions received during the operation of the Orange Regional Museum will be used to reduce the internal borrowing.

Policy and Governance Implications

Nil

Recommendation

1 That Council acknowledge the report on the Orange Regional Museum.

2 That Council issue a letter of congratulations to Zauner Constructions Pty Ltd for the completion of works under the contract.

3 That Council adopt the amended funding schedule of:

Australian Government Grant	$4,000,000
Orange Regional Museum Foundation Contribution	400,000
Orange City Council - Restricted Asset	1,717,000
Section 94	470,000
Internal borrowings	1,913,000
Total	$8,500,000

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	The former museum in McNamara Street was closed in the late 1990s. The community has been working towards re-establishing a museum since that time.
Image and Reputation	There has been much positive publicity surrounding the new museum and the benefit to Orange and region. This is a significant project for Orange and the community, demonstrated by the use of the precinct by members of the public since handover prior to the opening of the Museum. The opening will see much greater community benefit as described in the report.
Stakeholders	The community has been positively engaged in the process for the design and construction of the museum. Council is well advanced in its planning for its operation and partnerships with the community.

SUPPORTING INFORMATION

PERFORMANCE DURING CONSTRUCTION

Council’s tender process was concluded following negotiation with the successful tenderer which saw the contract executed and signed on 5 December 2014.

Council issued a Construction Certificate CC3/2014(1) issued 5 December 2014.

On 5 December 2014 work commenced. The program of works was as specified being 45 calendar weeks. During the construction extension of time due to weather of 134 working days were issued in accordance with the contract which brought the practical completion date to 12 March 16. An extension of time under the contract of 27 days for delays due to project delays at the commencement of the project. This brought the practical completion date of the project to 8 April 2016.

An Interim Occupation Certificate was issued on 14 March 2016 and Practical Completion was attained by the contractor and accepted by Council on 7 April 2016.

The Final Occupation Certificate issued 18 April 2016.

Since that time Council has been working to resolve minor building issues together with the operators of the Café for its fitout and the fitout of the Visitor Information Centre.

BENEFITS THAT THE PROJECT WILL BRING TO THE REGION

The Orange Regional Museum will now provide the NSW Central West community with a cultural precinct of knowledge, creativity, and storytelling to reflect the unique identity of the region. It will describe, reflect and celebrate the region’s cultural heritage and provide services to grow the cultural resources of the community into the future.

The Orange Regional Museum will showcase significant themes and cultural makeup of Central NSW including:

· The evolution of the natural environment including water and geography

· Agricultural heritage of the area and the relevance and importance of the primary sector

· The regions indigenous history and culture

· Mining history from Cornish settlement to the present day operations of mining in the region

· The settlement history of the region including Major Thomas Mitchell’s exploration efforts and early pioneering settlers

· Social history of the region – its people, places, significant events; and the built environment.

The Orange Regional Museum will become a major learning centre for the region, linking to schools and communities through innovative programming and services utilising multimedia and broadband communications. Targeted school programs will be developed by a school education officer linking with the K-12 curriculum. The programs will not only incorporate the Orange Regional Museum but will also offer students opportunities to participate in programs with the Orange Civic Theatre and Regional Gallery.

The Orange Regional Museum will deliver significant benefits across the central west region. The Orange Regional Museum will deliver social, heritage and educational benefits across the region. This will be achieved through building on existing partnerships with Blayney and Cabonne Councils. Part of the museum’s work will entail working closely with community museums in the region to enhance their effectiveness and sustainability through collaborative projects, advice and training. The museum in Orange would also collaborate with Bathurst and Dubbo to complement their areas of focus, strengthen regional networks, and share training, exhibitions, marketing and other museum programs.

With a growing population of Aboriginal people in Orange, the Orange Regional Museum will provide a more coherent picture of Aboriginal life and culture in the Orange district, including pre and post contact and will form the basis for a range of community, educational, cultural and heritage programs. Council is currently working in collaboration with the Orange Aboriginal Land Council on a contact history and listing of significant aboriginal sites. The Orange Regional Museum will showcase the Aboriginal heritage of the region with the culture of the Wiradjuri Nation at the core of the museums charter and activities as highlighted in the letter of support.

The Orange Regional Museum will reflect the diversity of 21st Century Australia with a particular emphasis on rural and remote people and places. The Orange Regional Museum will build cultural identity through the telling of Australian stories with a strong emphasis on local heritage.

The Orange Regional Museum will also deliver community benefit through an accessible and interactive learning environment supporting the Region’s population. This model reflects international best practice in the co-location of the ‘memory institutions’ and will build on the experiences of similar projects including those in Albury (NSW), Wanneroo (WA), Puke Ariki (New Zealand), Worcester (UK), and Gosport (UK). Through collaborative initiatives the Orange Regional Museum will deliver a rich and diverse program for residents of Central NSW. This component of the Orange Regional Museum is particularly applicable for isolated residents, new settlers, and the growing cohort of older Australians.

Council Meeting 2 August 2016

5.3 Classification Lot 437 DP 1220844 Connemara Drive Orange

TRIM REFERENCE: 2016/1530

AUTHOR: Shirley Hyde, Legal and Property Officer

EXECUTIVE Summary

This report seeks Council’s consent to classify land situated at Lot 437 DP 1220844 Connemara Drive, Orange, acquired for the purposes of drainage reserve, as Operational Land.

Link To Delivery/OPerational Plan

Financial Implications

The guidelines instruct Council it should expend money in accordance with the detailed budget adopted for the purposes of implementing the Delivery/Operational Plan for the 2015/16 year.

Policy and Governance Implications

Nil

Recommendation

1 That Lot 437 DP 1220844 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 on all necessary documentation.

further considerations

SUPPORTING INFORMATION

As part of the subdivision development of Lot 2 DP589770, the developer was required in accordance with Council’s development consent and the Orange Development Control Plan 2004, to construct a drainage reserve. Council acquired such land through funding from Section 94 contributions and it was dedicated as drainage reserve under Section 49(1) of the Local Government Act 1993. The parcel has an area of 3645m². This report seeks to classify Lot 437 DP 1220844, used for drainage purposes, as Operational Land. The subject land is shaded on the following map.

Attachments

1 Map of drainage reserve - Lot 437 DP 1220844, D16/29691 ⇩

Council Meeting 2 August 2016

5.4 Local Government NSW Annual Conference 2016

TRIM REFERENCE: 2016/1647

AUTHOR: Catherine Thomas, Executive Support Manager

EXECUTIVE Summary

The call for motions to be considered at the Local Government Annual Conference (16-18 October 2016 at WIN Entertainment Centre, Wollongong) has been received. Motions must be submitted by 22 August 2016. Council is also asked to identify which Councillors will be attending the event.

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

The guidelines instruct Council it should expend money in accordance with the detailed budget adopted for the purposes of implementing the Delivery/Operational Plan for the 2015/16 year.

Implications in this report

Costs will include registration of $899 per delegate plus accommodation and travel expenses. Attendance at this conference is provided for in the Delivery/Operational Plan.

Policy and Governance Implications

Nil

Recommendation

1 That Council identify motions under the topic headings provided by LGNSW to propose for consideration at the 2016 Local Government Annual Conference.

2 That Council determine Councillor attendees to the 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

The Local Government NSW Annual Conference 2016 will be held in Wollongong from Sunday 16 to Tuesday 18 October 2016.

Council is allowed three voting delegates. In the past, the Mayor and General Manager have attended, with Council nominating its Councillor voting delegates, and other Councillors to attend as observers.

This report also seeks notices of motion for consideration at the conference.

LGNSW has provided the subject areas that motions will be considered under for the Local Government NSW Annual Conference to be held at Wollongong from 16-18 October 2016.

The categories are:

1 Industrial Relations and Employment

2 Economic

3 Social Policy

4 Environmental

4 Governance/Civic Leadership

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