Agenda of Council Meeting - 7 November 2018

ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

HELD IN Spring Hill Hall, Cnr Worboys and Seaton Street, Spring Hill

ON 16 October 2018

COMMENCING AT 7.00pm

Attendance

Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae (7.12pm), Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner, Cr J Whitton

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

RESOLVED - 18/469 Cr G Taylor/Cr S Romano

That Council allow for the Council Meeting to be live streamed and recorded by the Central Western Daily.

1.1 APOLOGIES

RESOLVED - 18/470 Cr K Duffy/Cr J Hamling

That the apology be accepted from Cr T Mileto and for lateness Cr J McRae for the Council Meeting of Orange City Council on 16 October 2018.

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

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.01PM

OPEN FORUM

General Discussion – Spring Hill Village (Spring Terrace Inclusive)

Mr Paul Knight

Mr Knight thanked the Council for meeting in Spring Hill and expressed concerns in relation to the upkeep of Forest Road and the roadways between Orange and Cadia Mine. Mr Knight mentioned with the increased tonnage travelling over the road it may require the surface to be upgraded.

Mr Knight requested Council consider more regular updates to the Spring Hill Community in relation to timelines relating to decommissioning of the Spring Hill Sewer Plant and commissioning of the Pipeline.

Mrs Kerry Raines

Mrs Raines thanked the Council for meeting in Spring Hill, and offered gratitude to Council for the work they have been doing in the Village. In particular, the new toilet block and park furniture in the park, planting of red oaks at the entrance to the village, upgrade of Forest Road and increased speed and road safety patrols in Spring Hill. Mrs Raines also gave special thanks to Councillors Tony Mileto and Joanne McRae for their work with the community committee, Joanne McRae for her time as Deputy Mayor, and to Council Staff Scott Maunder and Renea Meacham for their work with the community committee.

** Cr McRae arrived at the meeting with the time being 7.12pm. **

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.15PM

3 Confirmation of Minutes of Previous Meeting

RESOLVED - 18/471 Cr K Duffy/Cr S Nugent

That the Minutes of the Ordinary Meeting of Orange City Council held on 2 October 2018 (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 October 2018.

4 Notices of Motion/Notices of Rescission

4.1 Notice of Motion - Creation of Community Committee - Orange Irish Heritage Festival

TRIM Reference: 2018/2455

MOTION Cr K Duffy/Cr S Romano

That Council establish a community based Committee for the creation of an Orange Irish Heritage Festival.

AMENDMENT Cr J McRae/Cr S Nugent

That Council defer this item and hold a briefing where a feasibility report and funding outline be provided before the item is considered.

THE AMENDMENT ON BEING OUT TO THE MEETING WAS LOST

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

RESOLVED - 18/472 Cr K Duffy/Cr S Romano

That Council establish a community based Committee for the creation of an Orange Irish Heritage Festival.

4.2 Rescission Motion - Development Application DA 362/2017(1) - Lot 701 Lords Place (Wade Park)

TRIM Reference: 2018/2507

RESOLVED - 18/473 Cr J Hamling/Cr K Duffy

That Council defer this item for consideration after a site visit and briefing have been held.

5 General Reports

5.1 Recommendations and Resolutions from Policy Committees

TRIM Reference: 2018/2456

RESOLVED - 18/474 Cr J Whitton/Cr R Kidd

That Council resolves to adopt the following resolutions of Policy Committees from the meetings of 2 October 2018:

1 INFRASTRUCTURE POLICY COMMITTEE

1 Council resolves to approve the minutes Infrastructure Policy Committee held on 2 October 2018.

2 Council resolves to approve the following recommendations of the Infrastructure Policy Committee meeting held on 2 October 2018:

Item 2.1: Minutes of the Airport Community Committee Meeting - 29 August 2018:

That the recommendations made by the Airport Community Committee at its meeting held on 29 August 2018 be adopted.

Item 2.2: Minutes of the City of Orange Traffic Committee Meeting – 11 September 2018:

1 That Council acknowledge the reports presented to the City of Orange Traffic Committee at its meeting of 11 September 2018;

2 That Council determine recommendations 3.1 to 3.7 from the minutes of the City of Orange Traffic Committee meeting of 11 September 2018.

3.1 BICYCLE SIGNS THROUGHOUT ORANGE

1 That Council erects bicycle warning signs as shown in Figure 3 of this report in the locations shown within Schedule A of this report and rural recreational routes in the Ride Orange Guide.

2 That Council Advises Blayney and Cabonne Councils of Council’s decision in this matter and requests installation of similar signage on the cycling routes within their LGA

3.2 VALENCIA DRIVE PEDESTRIAN REFUGE

That Council constructs the pedestrian refuge in Valencia Drive in accordance with the plans shown in this report.

3.3 BUS LAYBACK AT WANGARANG, FOREST ROAD

That Council install bus zone signs on Forest Road either end of the bus layback.

3.5 INTERSECTION OF BROOKFIELD WAY AND CARWOOLA DRIVE

That Council install 30 metres of BB line and hold line marking at the intersection of Carwoola Drive and Brookfield Way as per the plan outlined within this report.

3.6 STREET EVENT – UNITED LONG TO TREATMENT

That the Conditional Approval for the Long Walk to Treatment event on 23 and 24 October 2018 be endorsed subject to compliance with the attached conditions (D18/46980)

3.7 STREET EVENT – 2019 ANZAC MARCH

That the Conditional Approval for the ANZAC March and dawn service on 25 April 2019 be endorsed subject to compliance with the attached conditions. (D18/46808)

2 SPORT AND RECREATIONAL POLICY COMMITTEE

1 Council resolves to approve the minutes Sport and Recreational Committee held on October 2018.

2 Council resolves to approve the following recommendations of the Sport and Recreation Committee meeting held on 2 October 2018:

Item 2.1: Minutes of the Australia Day Community Committee Meeting – 5 September 2018:

That the minutes of the Australia Day Community Committee meeting held on 5 September 2018 be adopted.

3 ENVIRONMENTAL SUSTAINABILITY POLICY COMMITTEE

1 Council resolves to approve the minutes of the Environmental Sustainability Committee held on 2 October 2018.

2 Council resolves to approve the following recommendations of the Environmental Sustainability Committee meeting held on 2 October 2018:

Item 2.1: Minutes of the Companion Animal Community Committee – 3 September 2018:

1 That Council acknowledge the reports presented to the Companion Animals Community Committee at its meeting held on 3 September 2018.

2 That Council approves an amendment to Objective 6: A community that values and protects domestic animals, and the role they play in resident’s wellbeing, both socially and psychological from the Community Strategic Plan be discussed at the next meeting.

3 That the remainder of the minutes of the Companion Animals Community Committee at its meeting held on 3 September 2018 be adopted.

4 FINANCE POLICY COMMITTEE

1 Council resolves to approve the minutes of the Finance Policy Committee held on 2 October 2018.

2 Council resolves to approve the following recommendations of the Finance Policy Committee meeting held on 2 October 2018:

Item 2.1: Requests for Financial Assistance

1 That the request for financial assistance from Netball NSW be declined.

2 That a donation of $500.00 be made from the Sports Participant Program to Kira-Lea Dargin for selection in the New York Sharks American football team.

3 That the request for financial assistance from the Orange Waratah Sports Club be deferred and a report provided to Council.

4 That a donation of $5,000.00 ($1,500.00 from Major Events and $3,500.00 from the Sporting Event Attraction program) be made to the Bicycle Network for the Newcrest Orange Challenge 2019.

5 That a donation of $100.00 be made from the Sports Participant Program to Ella Cubbin for attendance at the NSW State Football Titles as a member of the Under-14 Girls' Western NSW Football/Country Western team.

6 That a donation of $5,000.00 be made from Emergent Funding to Robert Bartlett for Book Publication - "Orange and District - A History in Pictures No 2

7 That a donation of $517.00 be made from General Donations to the Orange Camera Club Inc for Permanent Installation of a Projector in Orange Senior Citizens' Meeting Rooms.

5 SERVICES POLICY COMMITTEE

1 Council resolves to approve the minutes of the Services Policy Committee held on 2 October 2018.

2 Council resolves to approve the following recommendations of the Services Policy Committee meeting held on 2 October 2018:

2.1 Minutes of the Community Safety and Crime Prevention Committee 27 August 2018

1 That Council acknowledge the reports presented to the Community Safety and Crime Prevention Committee at its meeting of 27 August 2018.

3 That the remainder of the minutes of the Community Safety and Crime Prevention Committee Meeting of 27 August 2018 be adopted.

2.2 Minutes of the Ageing and Access Community Committee 29 August 2018

1 That Council acknowledge the reports presented to the Ageing and Access Community Committee at its meeting held on 29 August 2018.

2 That Council determine recommendations 3.1, 3.2 and 4.1 from the minutes of the Ageing and Access Community Committee meeting of 29 August 2018.

3.2 ALLOCATING FOOTPATH INSTALLATION AND UPGRADES

That areas identified as requiring the installation of a footpath be referred to the Works Manager for ranking.

3 That the remainder of the minutes of the Ageing and Access Community Committee at its meeting held on 29 August 2018 be adopted.

2.3 Minutes of the Cultural Heritage Community Committee – 4 September 2018

1 That Council acknowledge the reports presented to the Cultural Heritage Community Committee at its meeting held on 4 September 2018.

2 That the minutes of the Cultural Heritage Community Committee at its meeting held on 4 September 2018 be adopted.

2.4 Minutes of the Orange Health Liaison Community Committee Meeting – 5 September 2018

1 That Council acknowledge the reports presented to the Orange Health Liaison Committee at its meeting held on 5 September 2018.

2 That Council determine recommendation 3.1 from the minutes of the Orange Health Liaison Committee meeting of 5 September 2018.

3.1 PLANNING STRATEGIES TO PROMOTE PREVENTATIVE HEALTH INITIATIVES

That Council provide support for the Western NSW Primary Health Network Expression of Interest for the Improving social connectedness of older Australians Pilot initiative.

3 That the remainder of the minutes of the Orange Health Liaison Committee at its meeting held on 5 September 2018 be adopted.

2.5 Minutes of the NAIDOC Week Community Committee Meeting – 7 September 2018

1 That Council acknowledge the reports presented to the NAIDOC Week Community Committee at its meeting held on 20 July 2018.

2 That the remainder of the minutes of the NAIDOC Week Community Committee at its meeting held on 20 July 2018 be adopted.

2.6 Minutes of the Clifton Grove Community Committee - 13 September 2018

1 That Council acknowledge the reports presented to the Clifton Grove Community Committee at its meeting of 13 September 2018.

2 That Council determine recommendation 3.1 and 3.2 from the minutes of the Clifton Grove Community Committee meeting held on 13 September 2018.

3.1 LEASING OF THE BRIDLE PATHS

2 That correspondence be sent to Clifton Grove residents advising Council is unable to contribute to the maintenance of fences.

3 That a meeting be held with interested parties to discuss the future management of bridal paths.

3.2 ROAD SAFETY AND ANIMAL CRUELTY

2 That the committee continue to work with Council to raise awareness of issues of animal cruelty, to implement measures to reduce the opportunity for occurrence and to implement community safety and crime prevention measures in the village.

3 That the remainder of the minutes of the Clifton Grove Community Committee meeting held on 13 September 2018 be adopted.

2.7 Minutes - World War I Centenary Community Committee - 18 September 2018

1 That Council acknowledge the reports presented to the World War I Centenary Community Committee at its meeting held on 18 September 2018.

2 That Council approve recommendation 3.1 from the minutes of the World War I Centenary Community Committee meeting of 18 September 2018.

3.1 ACTION PLAN – WORLD WAR I CENTENARY COMMUNITY COMMITTEE

The Action Plan for the World War I Centenary Community Committee be reviewed and updated.

3 That the remainder of the minutes of the World War I Centenary Community Committee at its meeting held on 18 September 2018 be adopted.

6 That the remainder of the minutes of the Infrastructure Policy Committee, Sport and Recreation Policy Committee, Environmental Sustainability Policy Committee, Finance Policy Committee and Services Policy Committee be noted.

MATTER ARISING

Cr Duffy requested Council liaise with Cabonne Council and advise the Spring Hill Community Committee in relation to the plans for roads travelling from the Village to Orange and Cadia Mine.

MATTER ARISING

Council requested that the Spring Hill Community Committee be advised about the decommissioning of the Spring Hill Sewerage Treatment Plant.

QUESTION TAKEN ON NOTICE

Cr Duffy requested information be circulated to Councillors regarding accountability if a street tree causes damage to a driveway.

5.2 Update on Outstanding Resolutions of Council including Questions Taken on Notice and Notices of Motions.

TRIM Reference: 2018/2457

RESOLVED - 18/475 Cr J Hamling/Cr K Duffy

That the information provided in the report by the Manager Corporate Governance on Outstanding and Completed Notices of Motion, Questions of Notice and Matters arising be acknowledged.

QUESTION TAKEN ON NOTICE

Cr Duffy requested that the information on using a data analytics system to measure performance of the road network from a Question on Notice from the Council Meeting of 7 December 2017 could be provided to Councillors before they are required to attend the Roads Conference next month.

QUESTION TAKEN ON NOTICE

Cr Nugent requested an update on the status of information still to be provided in regards to a Question Taken on Notice from the Extraordinary Council Meeting of 27 March 2018 in relation to Astill Drive.

QUESTION TAKEN ON NOTICE

Cr Hamling requested that upon the determination of a date for weeding of the swimming areas at Lake Canobolas, they be advised.

5.3 Rescheduling of the Council and Policy Committee Meeting of 6 November 2018

TRIM Reference: 2018/2566

RESOLVED - 18/476 Cr K Duffy/Cr S Nugent

That Council resolves to change the date of the Council and Policy Committee meeting scheduled for Tuesday 6 November 2018 to Wednesday 7 November 2018.

5.4 Christmas/New Year Recess 2018/2019

TRIM Reference: 2018/2433

RESOLVED - 18/477 Cr J Hamling/Cr S Nugent

That Council resolves:

1 The Civic Centre, Giyalang Ganya and Works Depot close down for the Christmas period from Monday 24 December 2018 to Tuesday 1 January 2019 (inclusive).

2 During the period 24 December 2018 to 5 February 2019, Council delegate its function to determine development applications and planning matters, with the exception of matters that cannot be delegated under the Local Government Act 1993 or the Environmental Planning and Assessment Act 1979, in circumstances where it is unreasonable to defer consideration of the matter, to the Mayor, Chairperson of the Planning and Development Committee, and the General Manager (so that the General Manager and either the Mayor OR the Chairperson of the Planning and Development Committee, are available to determine matters).

5.5 Request for Financial Assistance - Rotary Club of Orange North - Lead the Way Fundrasing Concert for ACT/NSW Guide Dogs

TRIM Reference: 2018/2512

RESOLVED - 18/478 Cr J McRae/Cr S Nugent

The Council resolves:

1 Council acknowledge that the North Orange Rotary have requested that the Council meet the Club’s expenses for hire of the Orange Civic Theatre under the Donations Policy, amounting to a total of $5027.42.

2 That North Orange Rotary will pay these expenses to the Council on presentation of an invoice.

3 That, subject to payment against the Council invoice:

a that the Council approve a donation of $1,575.39 to the North Orange Rotary from the General Donation Fund into a special account to be opened by North Orange Rotary for the training of a Guide Dog for a resident of the Orange LGA (which includes the $1,000 already approved by the Council);

b that the Council approve a donation of $1,726.01 to the North Orange Rotary from the 3rd Quarter Emergent Fund into a special account to be opened by North Orange Rotary for the training of a Guide Dog for a resident of the Orange LGA;

c that the Council approve a donation of $1,726.02 to the North Orange Rotary from the 4th Quarter Emergent Fund into a special account to be opened by North Orange Rotary for the training of a Guide Dog for a resident of the Orange LGA;

d that North Orange Rotary write to the Council formally acknowledging the terms of this donation and its commitment to (1) establishing the account; (2) spending funds from this account solely for the purpose of training of a Guide Dog for a resident of the Orange LGA; (3) advise Council immediately when and if a suitable trained dog is provided to an Orange resident and the funds paid to the Guide Dogs NSW/ACT; (4) acknowledge that the funding for the training is provided by the North Orange Rotary and Orange City Council; (5) return the funds to Council immediately if for any reason the funds cannot be expended on a guide dog for a person who is a resident of Orange so that the Council can reallocate those funds to support other people with disabilities in Orange.

6 Closed Meeting

Nil

The Meeting Closed at 8.00pm

This is Page Number 16 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 16 October 2018.

ORANGE CITY COUNCIL

MINUTES OF THE

Extraordinary Council Meeting

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

ON 17 October 2018

COMMENCING AT 7.00pm

1 Introduction

Attendance

Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor (7.03pm), Cr R Turner, Cr J Whitton

Acting General Manager, Acting Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Manager Corporate Governance, Administration Trainee, Operations Manager, Manager Development Assessments, Manager Building and Environment

1.1 APOLOGIES

RESOLVED - 18/479 Cr J Hamling/Cr S Munro

That the apology be accepted from Cr T Mileto for the Council Meeting of Orange City Council on 17 October 2018.

1.2 LIVESTREAMING AND RECORDING

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

1.4 ACKNOWLEDGEMENT OF COUNTRY

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

Cr J Hamling declared a less than significant non-pecuniary interest in item 2.1 of the Extraordinary Planning and Development Policy Committee (DA 445/2011(4) – 47 Byng Street) as he and the applicant, in the lead up to the last election, gave active consideration to running on the same ticket.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.01PM.

OPEN FORUM

PDC – Item 2.2 – DA 302/2016(1) – 245 Lords Place

Olivia Lee

Ms Lee thanked Council staff for consulting with them during the development process and ensuring security of the Courthouse is upheld.

PDC – Item 2.1 – DA 445/2011(4) – 47 Byng Street

Mr John Edwards

Mr Edwards read out a letter from Betty Thompson raising concerns against the development.

Mr Edwards also spoke against the development.

Ms Katy Dunlop

Ms Dunlop spoke on her concerns regarding the development.

Ms Isabella Wallington

Ms Wallington spoke in favour of the development.

Mr Tom Messenger

Mr Messenger spoke in favour of the development.

Mr Peter Basha

Mr Basha spoke in favour of the application of the development.

Ms Jacinta Milne

Ms Milne spoke on her concerns against the development.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.40PM.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE EXTRAORDINARY PLANNING AND DEVELOPMENT COMMITTEE MEETING AT 7.40PM.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.40PM.

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 Acting 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.

The CWD asked why Item 2.1 Industrial Land was to be discussed in a closed meeting.

The Acting Director Corporate and Commercial Services advised that the report does qualify for confidentiality under Section 10A(2) of the Local Government Act 1993, 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.

RESOLVED - 18/485 Cr R Turner/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:

2.1 Industrial Land

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.

2.2 Tender - Decommissioning of Hawkes Dam

The Mayor declared the Extraordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 8.43pm.

The Mayor declared the Extraordinary Meeting of Council resumed at 9.10pm.

3 Resolutions from Closed Meeting

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

2.1 Industrial Land

TRIM Reference: 2018/2438

RESOLVED - 18/486 Cr J Hamling/Cr J Whitton

Council resolve to approve:

1 That the General Manager be granted delegated authority to negotiate and/or bid at auction for the purchase land at 298 Clergate Road Lot 1 DP1085646 and for the purchase to be funded from property development fund.

2 That the land be classified operational on acquisition.

3 That the General Manager be delegated the authority necessary or convenient to give effect to this resolution, including but not limited to the affixing the Council Seal.

2.2 Tender - Decommissioning of Hawkes Dam

TRIM Reference: 2018/2498

RESOLVED - 18/487 Cr J Whitton/Cr S Nugent

That the Council resolves:

1 That Tender F3023 for the Decommissioning of Hawkes Dam, be awarded to CPB Excavations for their tendered price of $220,768 (Ex GST)

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

Division of Voting
Voted For	Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner, Cr J Whitton
Voted Against	Nil
Absent	Cr T Mileto

The Meeting Closed at 9.14pm.

This is Page Number 20 and the Final Page of the Minutes of the Extraordinary Meeting of Orange City Council held on 17 October 2018.

Council Meeting 7 November 2018

4.3 Rescission Motion - Development Application DA 362/2017(1) - Wade Park

Attachment 1 Notice of Approval

ORANGE CITY COUNCIL

Development Application No DA 362/2017(1)

NA18/ Container PR7095

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

Development Application
Applicant Name:	Orange City Council
Applicant Address:	PO Box 35 ORANGE NSW 2800
Owner’s Name:	Orange City Council
Land to Be Developed:	Lot 701 DP 1001618 – Wade Park, Lords Place, Orange
Proposed Development:	Recreation Facility (indoor) in Association with the Existing Recreation Facility (major) and Demolition

Building Code of Australia building classification:	As determined by Certifier

Determination made under Section 4.16
Made On:	2 October 2018
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	3 October 2018
Consent to Lapse On:	3 October 2023

Terms of Approval

The reasons for the imposition of conditions are:

(1) To ensure a quality urban design for the development which complements the surrounding environment.

(2) To maintain neighbourhood amenity and character.

(3) To ensure compliance with relevant statutory requirements.

(4) To provide adequate public health and safety measures.

(5) Because the development will require the provision of, or increase the demand for, public amenities and services.

(6) To ensure the utility services are available to the site and adequate for the development.

(7) To prevent the proposed development having a detrimental effect on adjoining land uses.

(8) To minimise the impact of development on the environment.

Conditions

(1) The development must be carried out in accordance with:

(a) Plan/s numbered DA00-10 Rev P2, prepared by Clarke Keller, dated 31 July 2018 (11 sheets); and Landscape Plan number DA-L1 Rev B, prepared by Sala4D, dated 07-08-18

(b) statements of environmental effects or other similar associated documents that form part of the approval

as amended in accordance with any conditions of this consent.

PRESCRIBED CONDITIONS

(2) All building work must be carried out in accordance with the provisions of the Building Code of Australia.

(3) A sign is to be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

(a) showing the name, address and telephone number of the principal certifying authority for the work, and

(b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(4) Prior to the issue of a Construction Certificate full amended plans shall be submitted to, and approved by, Councils Manager Development Assessments to address the following:

- Landscaping plans providing a form of grove planting and additional trees between the Cricket Centre building and the Lords Place frontage sufficient to provide an upper canopy of 4-8m height; and ground level planting (ground covers and native grasses) allowing for an open ground plane while providing screening improvement to the setting, extending from the Tennis Court alignment to the northern alignment of the grandstand;

- Amended western elevations without graphics, which are not supported, and the addition of vertical elements such as 200mm blades at 6300mm centres within the polycarbonate sunscreen to add extra scale to this extended element;

- An “Interpretation Strategy” to provide for historical interpretation on the site, instead of on the building, such as within the landscaping;

- The vertical cladding to the larger 01 form and smaller 02 form to be varied to provide a Windspray colour to the 01 element, and Shale Grey as proposed to the 02 element to reduce visual bulk;

- Provision of disabled parking within the site adjacent to the Cricket Centre in accordance with the Building Code Australia and relevant Standards;

- Provision of bicycle parking within the site adjacent to the Cricket Centre in accordance with relevant Standards; and

- Full details of mechanical plant and equipment required for the Centre (kitchen ventilation, wet room ventilation, heating, cooling, etc.).

(5) Prior to the issue of a Construction Certificate a sample of the proposed polycarbonate sheeting for the western elevation shall be submitted to, and approved by, Councils Manager Development Assessments.

(6) An approval under Section 68 of the Local Government Act is to be sought from Orange City Council, as the Water and Sewer Authority, for alterations to water and sewer. No plumbing and drainage is to commence until approval is granted.

(7) The applicant is to submit a waste management plan that describes the nature of wastes to be removed, the wastes to be recycled and the destination of all wastes. All wastes from the demolition and construction phases of this project are to be deposited at a licensed or approved waste disposal site.

(8) Engineering plans providing complete details of the proposed driveway and car parking areas are to be submitted to Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) upon application for a Construction Certificate. These plans are to provide details of levels, cross falls of all pavements, proposed sealing materials and proposed drainage works and are to be in accordance with Orange City Council Development and Subdivision Code.

(9) The existing 375mm diameter stormwater drainage lines are to be relocated clear of the proposed building. Engineering plans for this drainage system are to be submitted to and approved by Orange City Council prior to the issuing of a Construction Certificate.

(10) The existing 150mm-diameter sewer main is to be relocated clear of the proposed building. Engineering plans for this sewer system are to be submitted to and approved by Orange City Council prior to the issuing of a Construction Certificate.

(11) A Liquid Trade Waste Application is to be submitted to Orange City Council prior to the issuing of a Construction Certificate. The application is to be in accordance with Orange City Council’s Liquid Trade Waste Policy. Engineering plans submitted as part of the application are to show details of all proposed liquid trade waste pre-treatment systems and their connection to sewer.

Where applicable, the applicant is to enter into a Liquid Trade Waste Service Agreement with Orange City Council in accordance with the Orange City Council Liquid Trade Waste Policy.

(12) Payment of contributions for water, sewer and drainage works is required to be made at the contribution rate applicable at the time that the payment is made. The contributions are based on 8.8 ETs for water supply headworks and 13.2 ETs for sewerage headworks. A Certificate of Compliance, from Orange City Council in accordance with the Water Management Act 2000, will be issued upon payment of the contributions.

This Certificate of Compliance is to be submitted to the Principal Certifying Authority prior to the issuing of a Construction Certificate.

(13) A water and soil erosion control plan is to be submitted to Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) for approval prior to the issuing of a Construction Certificate. The control plan is to be in accordance with the Orange City Council Development and Subdivision Code and the Landcom, Managing Urban Stormwater; Soils and Construction Handbook.

(14) The development’s stormwater design is to include stormwater detention within the development, designed to limit peak outflows from the land to the pre-existing natural outflows up to the 100 year ARI frequency, with sufficient allowance in overflow spillway design capacity to safely pass flows of lower frequency (that is, a rarer event) without damage to downstream developments. Where appropriate, the spillway design capacity is to be determined in accordance with the requirements of the Dam Safety Committee.

The design of the detention storage is to be undertaken using the ILSAX/DRAINS rainfall-runoff hydrologic model or an approved equivalent capable of assessing runoff volumes and their temporal distribution as well as peak flow rates. The model is to be used to calculate the flow rates for the existing and post-development conditions. The developed flows are to be routed through the proposed storage within the model so that the outflows obtained are no greater than the flows obtained for the pre-existing natural flows. A report detailing the results of the analysis, which includes:

· catchment plan showing sub-catchments under existing and developed conditions;

· schematic diagram of the catchment model showing sub areas and linkages;

· tabulation detailing the elevation, storage volume and discharge relationships; and

· tabulation for the range of frequencies analysed, the inflows, outflows and peak storage levels for both existing and developed conditions;

together with copies of the data files for the model and engineering design plans of the required drainage system are to be submitted to Orange City Council upon application for a Construction Certificate.

PRIOR TO WORKS COMMENCING

(15) A Construction Certificate application is required to be submitted to, and issued by Council/Accredited Certifier prior to any excavation or building works being carried out onsite.

(16) A temporary onsite toilet is to be provided and must remain throughout the project or until an alternative facility meeting Council’s requirements is available onsite.

(17) The location and depth of the sewer junction/connection to Council’s sewerage system is to be determined to ensure that adequate fall to the sewer is available.

DURING CONSTRUCTION/SITEWORKS

(18) If Aboriginal objects, relics, or other historical items or the like are located during development works, all works in the area of the identified object, relic or item shall cease, and the NSW Office of Environment and Heritage (OEH), and representatives from the Orange Local Aboriginal Land Council shall be notified. Where required, further archaeological investigation shall be undertaken. Development works in the area of the find(s) may recommence if and when outlined by the management strategy, developed in consultation with and approved by the OEH.

(19) All construction/demolition work on the site is to be carried out between the hours of 7.00 am and 6.00 pm Monday to Friday inclusive, 7.00 am to 5.00 pm Saturdays and 8.00 am to 5.00 pm Sundays and Public Holidays. Written approval must be obtained from the General Manager of Orange City Council to vary these hours.

(20) All materials onsite or being delivered to the site are to be contained within the site. The requirements of the Protection of the Environment Operations Act 1997 are to be complied with when placing/stockpiling loose material or when disposing of waste products or during any other activities likely to pollute drains or watercourses.

(21) Building demolition is to be carried out in accordance with Australian Standard 2601:2001 - The Demolition of Structures and the requirements of Safe Work NSW.

(22) The fit-out of the food preparation and storage areas are to be installed in accordance with the requirements of Food Safety Standard 3.2.3 "Food Premises and Equipment" of the Australian New Zealand Food Standards Code and Australian Standard 4674-2004 "Design and construction and fit-out of food premises".

(23) No portion of the building - including footings, eaves, overhang and service pipes - shall encroach into any easement.

(24) Any adjustments to existing utility services that are made necessary by this development proceeding are to be at the full cost of the developer.

(25) The provisions and requirements of the Orange City Council Development and Subdivision Code are to be applied to this application and all work constructed within the development is to be in accordance with that Code.

The developer is to be entirely responsible for the provision of water, sewerage and drainage facilities capable of servicing the development from Council’s existing infrastructure. The developer is to be responsible for gaining access over adjoining land for services where necessary and easements are to be created about all water, sewer and drainage mains within and outside the lots they serve.

(26) A heavy-duty concrete kerb and gutter layback and footpath crossing is to be constructed in the position shown on the plan submitted with the Construction Certificate application. The works are to be carried out to the requirements of the Orange City Council Development and Subdivision Code.

(27) The existing kerb and gutter layback that is not proposed to be used is to be replaced with standard concrete kerb and gutter and the adjacent footpath area re‑graded to the shape and level requirements of footpaths in the Orange City Council Development and Subdivision Code.

(28) All driveway and parking areas are to be sealed with bitumen, hot mix or concrete and are to be designed for all expected loading conditions (provided however that the minimum pavement depth for gravel and flush seal roadways is 200mm) and be in accordance with the Orange City Council Development and Subdivision Code.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

(29) Prior to the issuing of an Occupation Certificate, landscaping shall be installed in accordance with the amended approved plans and shall be permanently maintained to the satisfaction of Council's Manager Development Assessments.

(30) Prior to the issuing of an Occupation Certificate, disabled and bicycle parking shall be installed in accordance with the amended approved plans and shall be permanently maintained to the satisfaction of Council's Manager Development Assessments.

(31) Prior to the issuing of an Occupation Certificate, certification that all mechanical plant and equipment has been installed in accordance with the manufacturer’s instructions shall be submitted to and approved to the satisfaction of Council's Manager Development Assessments.

(32) No person is to use or occupy the building or alteration that is the subject of this approval without the prior issuing of an Occupation Certificate.

(33) The owner of the building/s must cause the Council to be given a Final Fire Safety Certificate on completion of the building in relation to essential fire or other safety measures included in the schedule attached to this approval.

(34) Where Orange City Council is not the Principal Certifying Authority, a final inspection of water connection, sewer and stormwater drainage shall be undertaken by Orange City Council and a Final Notice of Inspection issued, prior to the issue of either an interim or a final Occupation Certificate.

(35) A Certificate of Compliance, from a Qualified Engineer, stating that the stormwater detention basin complies with the approved engineering plans is to be submitted to the Principal Certifying Authority prior to the issuing of an Occupation Certificate.

(36) Certification from Orange City Council is required to be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate stating that all works relating to connection of the development to Council assets, works on public land, works on public roads, stormwater, sewer and water reticulation mains and footpaths have been carried out in accordance with the Orange City Council Development and Subdivision Code and the foregoing conditions, and that Council will take ownership of the infrastructure assets.

(37) All of the foregoing conditions are to be at the full cost of the developer and to the requirements and standards of the Orange City Council Development and Subdivision Code, unless specifically stated otherwise. All work required by the foregoing conditions is to be completed prior to the issuing of an Occupation Certificate, unless stated otherwise.

MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT

(38) The hours of operation of the premises shall not exceed Monday to Saturday 7.00am to 10.00pm, and 8.00am to 9.00pm Sundays and public holidays.

(39) A separate development application shall be submitted to and approved by Council prior to the erection of any external signage on the site, in accordance with the Orange Local Environmental Plan 2011 and State Environmental Planning Policy 64 – Advertising and Signage.

(40) Outdoor lighting must be in accordance with the Australian Standard 4282-1997 Control of the obtrusive effects of outdoor lighting.

(41) An assessment of the development in terms of noise shall be verified through testing at nearby receivers, and be submitted to and approved by Council’s Manager Building and Environment within three (3) months of the occupation of the development. If compliance with the relevant noise standards has not been achieved, noise attenuation measures need to be undertaken in accordance with recommendations made by a suitably qualified noise engineer, and to the satisfaction of Council’s Manager Building and Environment.

(42) Emitted noise shall not exceed 5dB(A) above background sound level measured at the nearest affected residence.

(43) Glare from internal lighting is not permitted to extend beyond the limits of the building authorised by this approval.

(44) Any light fittings fitted to the exterior of the building or on the site are to be shielded or mounted in a position to minimise glare to adjoining and nearby properties, in accordance with the relevant Standards.

(45) The owner is required to provide to Council and to the NSW Fire Commissioner an Annual Fire Safety Statement in respect of the fire-safety measures, as required by Clause 177 of the Environmental Planning and Assessment Regulation 2000.

ADVISORY NOTES

(1) Nothing in this consent allows access to Transport for NSW land (or airspace).

(2) The applicant is advised of the Department of Planning’s ‘Development Near Rail Corridors and Busy Roads - Interim Guideline (2008)’, John Holland Rail Network Rules, and AS 2550 series of Australian Standards (Cranes, Hoist and Winches), including AS2550 15-1994 Cranes – Safe Use – Concrete Placing Equipment, which may be applicable to this development being adjacent to a rail corridor.

Other Approvals

(1) Local Government Act 1993 approvals granted under section 68.

Nil

(2) General terms of other approvals integrated as part of this consent.

Nil

Right of Appeal

If you are dissatisfied with this decision, Section 8.7 of the Environmental Planning and Assessment Act 1979 gives you the right to appeal to the Land and Environment Court. Pursuant to Section 8.10, an applicant may only appeal within 6 months after the date the decision is notified.

*Disability Discrimination* Act 1992:	This application has been assessed in accordance with the Environmental Planning and Assessment Act 1979. No guarantee is given that the proposal complies with the Disability Discrimination Act 1992. The applicant/owner is responsible to ensure compliance with this and other anti-discrimination legislation. The Disability Discrimination Act covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which references AS1428.1 - "Design for Access and Mobility". AS1428 Parts 2, 3 and 4 provides the most comprehensive technical guidance under the Disability Discrimination Act currently available in Australia.

*Disclaimer - S88B of the Conveyancing Act 1919 -* Restrictions on the Use of Land:**	The applicant should note that there could be covenants in favour of persons other than Council restricting what may be built or done upon the subject land. The applicant is advised to check the position before commencing any work.

Signed:	On behalf of the consent authority ORANGE CITY COUNCIL
Signature:
Name:	PAUL JOHNSTON - MANAGER DEVELOPMENT ASSESSMENTS
Date:	3 October 2018

Council Meeting 7 November 2018

5 General Reports

5.1 Statement of Investments - September 2018

TRIM REFERENCE: 2018/2505

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 30 September 2018.

Link To Delivery/OPerational Plan

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

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

That Council resolves:

1 To note the Statement of Investments as at 30 September 2018.

2 To adopt 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

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

As at 30 September 2018, the investments held by Council in each fund is shown below:

	30/09/2018	31/08/2018
General Fund	64,568,322.89	62,127,608.87
Water Fund	44,801,594.89	43,945,565.71
Sewer Fund	41,378,864.55	40,346,125.36
Total Funds	$150,748,782.33	$146,419,299.94

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

Externally Restricted	30/09/2018	31/08/2018
General Fund	27,262,916.08	26,745,930.64
Water Fund	44,801,594.89	43,945,565.71
Sewer Fund	41,378,864.55	40,346,125.36
Auspiced	1,899,415.05	1,605,931.39
Internally Restricted	12,290,448.08	12,578,056.88
Unrestricted	23,115,543.68	21,197,689.96
Total Funds	$150,748,782.33	$146,419,299.94

The unrestricted cash position movements during the month are normal as projects commence and income is received. Movements may also arise following processing of income received between funds or into restricted assets to appropriately allocate for the purposes Council has determined.

Portfolio Advice

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

Imperium Markets major services provided to Council include:

· Quarterly portfolio summary reports

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

· Advice on policy construction

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

Portfolio Performance

Council’s current Long Term Financial Plan establishes the benchmark for Council’s interest on investments at “75 basis points above the current cash rate”. The cash rate as at 30 September 2018 remained at 1.50 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 2.88 per cent which continues to exceed Council’s benchmark i.e. the cash rate of 1.50 per cent plus 0.75 per cent (or 75 basis points).

Council has also utilised the AusBond Bank Bill Index to provide a further benchmark focused towards long term investments. As at 31 August 2018, the AusBond rate was 2.02 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 2.88 per cent.

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

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

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

Table 1: Maturity – Term Limits

Term to Maturity Allocation	Maximum	Holding	Remaining Capacity
0 - 3 Months	100.00%	33.27%	66.73%
3 - 12 Months	100.00%	43.19%	56.81%
1 - 2 Years	70.00%	10.54%	59.46%
2 - 5 Years	50.00%	13.00%	37.00%
5+ Years	25.00%	0.00%	25.00%

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

Table 2 demonstrates that Council receives a lower return for its AA rated investments than for those with ratings of A or less. The level of money held in the bank accounts has been added to the table to illustrate the ability of Council to cover the operational liabilities that typically occur (for example payroll, materials and contracts, utilities).

Table 2: Credit Rating Limits

Credit Rating	Maximum	Holding	Remaining Capacity	Value	Return on Investment
Bank Accounts	100.00%	7.36%	92.64%	$11,090,168.38	1.50%
AAA	100.00%	0.00%	100.00%	N/A	N/A
AA	100.00%	48.46%	51.54%	$73,058,613.95	2.75%
A	60.00%	18.37%	41.63%	$27,700,000.00	3.02%
BBB & NR	40.00%	25.80%	14.20%	$38,900,000.00	3.07%
Below BBB	0.00%	0.00%	0.00%	N/A	N/A

Certification by Responsible Accounting Officer

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

Council Meeting 7 November 2018

5.2 Quarterly Budget Review and Performance Indicators

RECORD NUMBER: 2018/2631

AUTHOR: Jason Cooke, Manager Financial Services

EXECUTIVE Summary

This report provides the first quarter review of the 2018/19-2021/22 Delivery/Operational Plan, as required under Section 403 of the Local Government Act 1993. This report illustrates the progress Council is making on the strategies and tasks identified in its strategic planning documents.

This report also provides a summary of Council’s financial position over the quarter. The Directions (Collaborate, Live, Prosper, Preserve) financial summary tables with the attached Performance Indicators and quarterly review documents have been reviewed and updated and include projects across all three funds (General, Water and Sewer).

Link To Delivery/OPerational Plan

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

Financial Implications

The Quarterly Review has identified variations totalling $84,789 to Council’s adopted budget. The effect of these variations results in Council’s projected year-end consolidated position moving to a surplus of $2,658,426 (from a surplus $2,743,215), including capital.

Table 1 below presents Council’s projected year-end result by Direction as identified in the Community Strategic Plan and the Delivery/Operational Plan. It is important to note that all red bracketed numbers in Tables 1-3 below indicate a surplus result for Council.

Direction	Adopted Budget	Proposed Variations	Proposed Budget
Collaborate	(27,379,891)	(246,066)	(27,625,957)
Live	13,738,245	347,444	14,085,689
Prosper	1,782,985	11,300	1,794,285
Preserve	9,115,446	(27,889)	9,087,557
Total	(2,743,215)	84,789	(2,658,426)

Table 1: Projected year-end position by Direction

Table 2 presents Council’s projected year-end result by Fund, showing Cost to Council (which includes capital expenditure, capital income and funding).

Fund	Adopted Budget	Proposed Variations	Proposed Budget
General	(32,430)	(49,997)	(82,427)
Water	(1,429,188)	114,786	(1,314,402)
Sewer	(1,281,597)	20,000	(1,261,597)
Total	(2,743,215)	84,789	(2,658,426)

Table 2: Projected year-end position by Fund

Table 3 presents Council’s projected year-end Operating Result (before capital) by Fund.

Fund	Adopted Budget	Proposed Variations	Proposed Budget
General	(196,399)	147,083	(49,316)
Water	(1,534,290)	114,786	(1,419,504)
Sewer	(1,138,557)	20,000	(1,118,557)
Total	(2,869,246)	281,869	(2,587,377)

Table 3: Projected year-end operating result by Fund

Material changes to budget in the September quarterly review

Further information on the individual variations proposed as part of this review, which have a material effect on Council’s financial results, has been detailed over the following pages and in Table 4.

While there are a number of variations detailed in Table 4, the significant changes contributing to the net variations are due to:

A. An increase in general fund material and contracts budget of $50,000 for an update of the 2008 Blayney, Cabonne and Orange sub-regional rural and industrial land use strategy as per Council resolution 18/179.

B. Removal of $50,000 Roads and Maritime Services cycleway general fund operational grant that has not been secured.

C. An increase in the water fund budget for water maintenance and inspections totalling $114,786.

D. A $20,000 increase in the sewer fund budget for additional CCTV inspections of the sewer network.

Where amounts are shown against equity in Table 4 below, this indicates that money has been transferred in to and out of Council’s restricted asset funds to pay for nominated projects that are mostly capital in nature. For example, if Council receives grant monies in advance for projects that may happen over a number of years, the grant is transferred to a restricted asset account and held until the year in which the expenditure takes place. These transactions are thus recording internal transfers.

Table 4: Proposed material variations

Activity	Adopted 18/19 budget	Quarter 1 budget revision combined	Revised Sep18 budget	Comment
General Fund
Collaborate
1. Other Income	(677,523)	(85,000)	(762,523)	Insurance Incentive Bonus Budget. Offset at line items 3 and 5.
2. Employee Costs	11,319,973	21,300	11,341,273	Additional Staffing Budget. Offset by a reduction in line item 3.
3. Materials and Contracts	6,944,886	129,600	7,074,486	Additional costs funded from line item 1. plus additional $50,000 as per Council resolution for Orange Sub-Regional Rural & Industrial Land use Strategy. Refer to material changes Note A.
4. Other Expenses	1,616,488	1,334	1,617,822
5. Internal Transfer	(8,844,606)	15,000	(8,829,606)	Reallocation of Costs for training funded from line item 1.
6. Non-Current Fixed Assets	2,475,188	(191,300)	2,283,888	Net movement related to transfer of asset renewal budget to specified jobs in various directorates
7. Equity	1,009,975	(137,000)	872,975	Transfer from restricted asset to fund various capital projects

Activity	Adopted 18/19 budget	Quarter 1 budget revision combined	Revised Sep18 budget	Comment
Prosper
8. Other Income	(1,086,022)	(34,000)	(1,120,022)	Income for Scout camp offset by expenditure at line items 10-15.
9. Operational Grants	0	(55,000)	(55,000)	Grants to fund expenditure at line items 11. re Industry migration and small business month
10. Employee Costs	1,330,152	5,000	1,335,152
11. Materials and Contracts	1,655,953	60,800	1,716,753	Increase in expenditure related to increased income at line items 8 and 9.
12. Other Expenses	216,343	7,000	223,343
13. Council Rates - Internal	346,826	3,000	349,826
14. Garbage Charges - Internal	0	8,000	8,000
15. Water Usage - Internal	22,811	4,000	26,811
16. Non-Current Fixed Assets	2,743,700	(296,992)	2,446,708	Land sales offset by transfer to restricted asset at line item 17.
17. Equity	454,408	309,492	763,900	Transfer to restricted asset for land sales at line item 16.

Activity	Adopted 18/19 budget	Quarter 1 budget revision combined	Revised Sep18 budget	Comment
Live
18. User Charges	(6,804,182)	83,697	(6,720,485)	Reclassification of income from User Charges to Operational Grant at line item 20.
19. Other Income	(950,686)	7,358	(943,328)
20. Operational Grants	(2,831,979)	(470,781)	(3,302,760)	Reclassification of income from line item 18. and increase in grant funds for various projects offset at line items 23 and 24.
21. Capital Grants	(4,632,000)	(430,336)	(5,062,336)	Grant funding for CCTV and gallery extension offset at line item 27.
22. Operational Contributions	(2,536,101)	(750)	(2,536,851)
23. Employee Costs	14,420,148	132,911	14,553,059	Employee costs funded from line item 20.
24. Materials and Contracts	5,576,538	264,612	5,841,150	Expenditure funded from line items 20 and 28.
25. Other Expenses	2,585,455	500	2,585,955
26. Internal Transfer	1,698,973	(12,500)	1,686,473	Reallocation of budget to fund additional staff training
27. Non-Current Fixed Assets	9,586,770	1,002,073	10,588,843	Capital projects funded from line items 6 and 21.
28. Equity	(1,845,988)	(229,340)	(2,075,328)	Transfer from restricted asset to fund pool changerooms, museum collection and carriage cottage.

Activity	Adopted 18/19 budget	Quarter 1 budget revision combined	Revised Sep18 budget	Comment
Preserve
29. Other Income	(224,536)	(94,636)	(319,172)	Increased income from recycling processing costs to fund expenditure at line item 33.
30. Operational Grants	(2,625,412)	(197,475)	(2,822,887)	Grant for review of Blackmans Swamp risk management study and waste FOGO uptake offset at line item 33. and removal of RMS cycleway grant offset (refer to material changes Note B).
31. Capital Grants	(26,033,000)	(7,370,992)	(33,403,992)	Grants for SFR and traffic facilities offset at line item 34.
32. S93F Planning Agreements - Capital	(968,000)	(708,645)	(1,676,645)	Income to fund Forest Rd SFR to hospital offset at line item 34.
33. Materials and Contracts	9,211,860	353,113	9,564,973	Expenditure funded from line items 29 and 30.
34. Non-Current Fixed Assets	46,235,361	12,218,162	58,453,523	Capital projects for roads and waste funded from line items 31, 32. and 35.
35. Equity	(3,290,982)	(4,362,202)	(7,653,184)	Transfer from restricted asset to fund capital projects at line item 34.

Activity	Adopted 18/19 budget	Quarter 1 budget revision combined	Revised Sep18 budget	Comment
Water Fund
Water Supply
36. Employee Costs	2,401,135	63,047	2,464,182	Increase for water maintenance and inspections. Refer to material changes Note C.
37. Materials and Contracts	2,238,959	22,591	2,261,550	Increase for water maintenance and inspections. Refer to material changes Note C.
38. Plant Expenses	210,480	29,148	239,628	Increase for water maintenance and inspections. Refer to material changes Note C.
39. Non-Current Fixed Assets	6,444,879	80,671	6,525,550	Water treatment capital projects funded from restricted asset at line item 40.
40. Equity	(911,575)	(80,671)	(992,246)	Transfer from restricted asset to fund capital projects at line item 39.

Activity	Adopted 18/19 budget	Quarter 1 budget revision combined	Revised Sep18 budget	Comment
Sewerage Fund
Sewer Operations
41. Employee Costs	1,634,872	20,000	1,654,872	Additional CCTV inspections of the sewer network. Refer to material changes Note D.
42. Non-Current Fixed Assets	2,719,392	136,537	2,855,929	Solar Panels & STP UV concept design funded from restricted asset at line item 43.
43. Equity	952,785	(136,537)	816,248	Transfer from restricted asset to fund capital projects at line item 42.

Note: Equity includes the funds internally or externally restricted. Examples include funds collected through Section 94 Developer Contributions, the balance of unexpended specific purpose grants, or other funds preserved by a specific Council resolution. Variations below $10,000 are classified as immaterial and therefore no comments are required.

Policy and Governance Implications

Nil

Recommendation

That Council resolve:

1 That the information provided in the report on the quarterly budget and performance indicators review for July to September 2018 be acknowledged.

2 That the bank reconciliation statement be acknowledged.

3 To adopt the variations arising from the September 2018 quarterly review amounting to a decrease of $84,789 in the consolidated surplus.

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 Performance Indicators highlight progress in achieving the strategies and actions set by Council’s Delivery/Operational Plan. The “traffic light” indicators show the status of each task. A green light indicates the task is on track. An amber light suggests some delay and a red light is provided to those tasks that are unable to be achieved. All tasks have a comment that indicates progress.

SUPPORTING INFORMATION

Highlights of the Quarter

Key achievements over the quarter include:

· Orange CYMS Cricket Club - Construction of cricket practice nets at Norton Park (James Sheahan Catholic High School) - $9,000

· Orange PCYC - Replacement of the Sir Neville Howse Stadium scoreboards - $9,000

· Orange & District Softball Association - Extension of the existing canteen facility for storage - $5,000

· Spring Hill Recreation Ground Trust - Replacement and upgrade of synthetic cricket wicket at the Spring Hill Recreation Ground - $4,500

· Council Weed Management Officers undertook 247 property inspections in the last quarter. Of these inspections 20 were OCC managed lands, 1 State Government and the remainder private property inspections.

· Council continues to provide Learn to Swim Classes on a regular basis.
Learn to Swim currently at 88% occupancy rate in Term 3. Anticipating 90% - 100% for Term 4.

· Upgrades undertaken on the Canobolas Scout Camp facility. It is now being hired for use. Bookings are arranged through Council’s Events Officer.

· Orange Liquor Accord member reported downward trend for incidents in hotels across Orange at the Orange Community Safety and Crime Prevention Committee.

· The Orange Regional Gallery (ORG) was successful in securing a $4 Million grant through the Regional Cultural Fund to expand the Gallery's exhibition, storage and engagement spaces.

· During ARTEXPRESS 2018, the Gallery hosted visits from 8 high schools from this region as well as further afield including Willoughby Girls High School, Red Bend Catholic College, Wellington High, Mary McKillop and Trundle.

· Council's Public Engagement and Education Officer visited Glenroi Heights Public School and delivered portrait drawing workshops to over 200 children in preparation for the Young Archies Exhibition in February 2019.

· The ORG July School Holiday programs were fully subscribed.

· The East West Rooms upgrades were completed

· Usage rates above 80% on average across all Council Children's Services.

· 118 development applications were determined, comprising 104 new DAs (median processing time of 26 days) and 14 modifications (median processing time of 30.5 days).

· 5 complying development certificate applications were determined (median processing time of 10 days).

· 53 construction certificate applications were determined (median processing time of 14 days).

· Council completed 31 Water Service Renewals for the first quarter of 2018.

· Council changed 426 water meters ranging in size from 20mm to 80mm diameter.

· BookEasy online site has 28 bookable accommodation providers. This quarter the sale of tickets to the Regional NSW Tourism Awards in Orange was coordinated online through Visit Orange website. An increase of 78% in online sales. Online booking for accommodation will be managed by Orange360 in future months with the launch of the Orange360 new website.

· Hosting the Destination NSW Country and Outback Tourism Awards (July 28) - Orange Visitor Information Centre being a finalist in these Awards for the first time

· Council secured the hosting rights for the following events which were successfully staged in Orange during the reporting period:

- 2018 NSW Masters Road Cycling Championships - 400 competitors for 3 days of competition.

- 2018 NSW Inter Academy of Sport Netball Challenge - 336 competitors for 3 days of competition.

· Shop Orange has 88 businesses participating.

· 279 jobs loaded onto the Evocities website.

· New Council website launched in August 2018.

Other Expenses

The format of the attached financial reports and the financial statements is prescribed. Council has requested details of the “Other Expenses” element in the statements given the high value of this item. The additional information is provided in Table 5 below.

Table 5: Details of other expenses

Review of Income

Figure 1 below provides a snapshot of the split of Council’s income against budget.

Figure 1: Details of Council’s income as a percentage of annual budget as at 30 September (25% through the financial year)

Income streams such as User Charges and Fees and Other Revenues are currently on track as generally their rate of receipt is consistent throughout the year.

As Council’s annual rates are levied in July of each year, this income is almost fully recognised in the first quarter.

Other income streams are subject to external influences including interest rates, occurrences of development, or the success of grant applications and as such, it is difficult to ascertain their current performance. These income streams are routinely reviewed, and adjusted as appropriate, at each quarterly review.

On the assumption that all income is received at a constant consistent rate over the year, by the end of the September quarter 25 per cent should have been received. However, given the recognition of almost all rates and annual charges in the first quarter, approximately 48 per cent of revenue should have been received. The “all income” bar of Figure 1 shows progress is slightly below this expected figure due mainly to the timing of capital grants and contributions still to be received.

Rates and Charges Collection

For the first quarter, a total of $3.57 million (17.47 per cent) remains outstanding for rates and annual charges. For the purposes of comparison, for the same quarter last financial year 14.83 per cent of the amount payable remained outstanding.

Figure 2: Outstanding rates Q1 2018/19 vs Q1 2017/18

Review of Expenditure

Figure 3 provides a snapshot of the progress of Council’s expenditure.

Figure 3: Details of Council’s expenditure as a percentage of annual budget

In general, Council’s routine operational expenses should be incurred at a consistent rate. These include expense groupings such as Employee Costs, Materials and Contracts, Plant Expenses, and Other Expenses. As presented in Figure 3 above, most of these expense groups are slightly below budget. Depreciation ordinarily would be consistent throughout the year, however depreciation is not able to be generated until after the finalisation of the previous year’s financial statements. As at the end of the quarter, these statements were still in the process of being prepared and audited.

Council rates for Council-owned properties are paid in full at the start of the year.

On the assumption that all expenses are incurred at a constant consistent rate over the year, by the end of the September quarter 25 per cent should have been paid out. The “all expenditure” bar of Figure 3 shows performance is exceeding this expected figure. This holds true even when depreciation is excluded from the analysis.

Financial Performance Indicators

Figures 4 to 6 below represent financial performance against local government industry indicators from the annual financial statements. The charts compare annualised actual performance from 2017/18 against the original 2018/19 budget and the proposed revised 2018/19 budget.

Figure 4: Operating performance ratio

The purpose of the operating performance ratio is to measure the extent to which Council succeeds in containing operating expenditure within operating revenue (excluding capital grants and contributions). The formula is as follows:

(Total continuing operations revenue excluding capital grants and contributions minus operating expenses) divided by (Total continuing operations revenue excluding capital grants and contributions)

Reporting this ratio needs a full year’s data in order to be fully comparable. However, the performance to date indicates Council is tracking in advance of the benchmark and largely consistent with the 2018/19 budget. 2017/18 was an exceptional year in terms of performance due to actual non-grant related revenue coming in above budget and actual expenditure being well below budget.

Figure 5: Own source operating revenue ratio

The purpose of the own source operating revenue ratio is to measure fiscal flexibility by analysing the degree of reliance on external funding sources. The formula is as follows:

(Total continuing operations revenue minus all grants and contributions) divided by

(Total continuing operations revenue inclusive of all grants and contributions)

The performance to date indicates Council is tracking just below the benchmark, with an increased level of funding coming from capital grants and contributions for significant projects in 2018/19 when compared to 2017/18.

Figure 6: debt service cover ratio

The purpose of the debt service cover ratio is to measure the availability of operating cash to service debt including interest, principal and lease payments. The formula is as follows:

(Operating results before capital excluding interest and depreciation) divided by

(Principal repayments from the cashflow statement plus borrowing costs from the income statement)

The performance to date indicates Council is tracking in advance of the benchmark and consistent with the original 2018/19 budget. The budgeted performance is below the 2017/18 ratio due to the exceptional operating result achieved in 2017/18 combined with lower loan repayments and interest than is forecast for 2018/19.

In addition to the information presented in the report, the latest bank reconciliation report is attached for Council’s information.

Report by Responsible Accounting Officer

The following statement is made in accordance with Clause 203(2) of the Local Government (General) Regulation 2005:

As the Responsible Accounting Officer, it is my opinion that the Quarterly Budget Review Statement for Orange City Council for the quarter ended 30 September 2018 indicates that Council’s projected financial position for 30 June 2019 will be satisfactory having regard to the project estimates of income and expenditure, and variations contained therein.

Jason Cooke, Responsible Accounting Officer

Attachments

1 Performance Indicators - 2018/22 Quarter 1 (July 2018 - September 2018), D18/59023 ⇩

2 September 2018 Quarterly Review, D18/58183 ⇩

3 Major Works Table - September 2018 Quarter, D18/58186 ⇩

4 September 2018 Quarterly Bank Reconciliation, D18/58188 ⇩