Ordinary Council Meeting
Agenda
1 October 2019
Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that a Ordinary meeting of ORANGE CITY COUNCIL will be held in the Council Chamber, Civic Centre, Byng Street, Orange on Tuesday, 1 October 2019 commencing at 7.00pm.
David Waddell
Chief Executive Officer
For apologies please contact Administration on 6393 8218.
Council Meeting 1 October 2019
EVACUATION PROCEDURE
In the event of an emergency, the building may be evacuated. You will be required to vacate the building by the rear entrance and gather at the breezeway between the Library and Art Gallery buildings. This is Council's designated emergency muster point.
Under no circumstances is anyone permitted to re-enter the building until the all clear has been given and the area deemed safe by authorised personnel.
In the event of an evacuation, a member of Council staff will assist any member of the public with a disability to vacate the building.
1.1 Apologies and Leave of Absence
1.2 Livestreaming and Recording
1.3 Acknowledgement of Country
COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE OPEN FORUM
COUNCIL MEETING RESUMES
3 Confirmation of Minutes of Previous Meeting
3.1 Minutes of the Ordinary Meeting of Orange City Council held on 17 September 2019
COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE POLICY COMMITTEES
Planning and Development - Chaired by Cr Russell Turner
Employment and Economic Development - Chaired by Cr Tony Mileto
Infrastructure - Chaired by Cr Jeff Whitton
Sport and Recreation - NO ITEMS FOR CONSIDERATION
Environmental Sustainability - Cr Mario Previtera
Finance - Chaired by Cr Joanne McRae
Services - Chaired by Cr Scott Munro
COUNCIL MEETING RESUMES
4 Notices of Motion/Notices of Rescission
4.1 Rescission Motion - DA 215/2019(1) - 36-40 Turner Crescent, Orange
4.2 Notice of Motion - Aquatic Centre Admission - Health Related Pass
5.1 Change of Council Meeting Dates
5.2 National Local Roads and Transport Congress 2019
5.3 Request to enter into new Parking Agreement at Orange Central Square
6 Closed Meeting - See Closed Agenda
6.2 Shiralee Road Land Acquisition
7 Resolutions from closed meeting
1 Introduction
1.1 Apologies and Leave of Absence
1.2 LIVESTREAMING AND RECORDING
This Council Meeting is being livestreamed and recorded. By speaking at the Council Meeting you agree to being livestreamed and recorded. Please ensure that if and when you speak at this Council Meeting that you ensure you are respectful to others and use appropriate language at all times. Orange City Council accepts no liability for any defamatory or offensive remarks or gestures made during the course of this Council Meeting. A recording will be made for administrative purposes and will be available to Councillors.
1.3 Acknowledgement of Country
1.4 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
The provisions of Chapter 14 of the Local Government Act, 1993 (the Act) regulate the way in which Councillors and designated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public role.
The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest must be disclosed as soon as practicable after the start of the meeting and the reasons given for declaring such interest.
As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussion or voting on that matter, and requires that member to vacate the Chamber.
Council’s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code of Conduct also provides for a number of ways in which a member may manage non pecuniary conflicts of interest.
Recommendation It is recommended that Councillors now disclose any conflicts of interest in matters under consideration by the Council at this meeting.
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3 Confirmation of Minutes of Previous Meeting
RECOMMENDATION That the Minutes of the Ordinary Meeting of Orange City Council held on 17 September 2019 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate records of the proceedings of the Council meeting held on 17 September 2019. |
Attachments
1 Minutes of the Ordinary Meeting of Orange City Council held on 17 September 2019
ORANGE CITY COUNCIL
MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 17 September 2019
COMMENCING AT 7.00pm
Attendance
Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J McRae, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner, Cr J Whitton
Chief Executive Officer, Acting Director Corporate and Commercial Services, Acting Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Financial Services, Manager Corporate and Community Relations, Manager Development Assessments, Manager Engineering Services, User Support Officer (Merrifield)
1.1 APOLOGIES
RESOLVED - 19/457 Cr T Mileto/Cr S Munro That the apologies be accepted from Cr J Hamling for the Council Meeting of Orange City Council on 17 September 2019. |
For: Unanimous
Against: Nil
Absent: Cr Hamling
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 G Taylor declared a pecuniary
interest in item 5.12 DA 222/2019(1) 10 William Street, Orange as he undertook
work at the property as a contractor.
2 MAYORAL MINUTES
2.1 Central NSW Joint Organisation Meeting and Centroc Board Meeting - 22 August 2019 - Board Report TRIM Reference: 2019/1892 |
RESOLVED - 19/458 Cr S Nugent/Cr J McRae That the information contained in this Mayoral Minute be acknowledged and that: 1 Council note the advice regarding the Big Ideas Workshop to be held in Bathurst on Thursday 26 September 2019. 2 Council engage with the Rural Doctors network regarding Rural Health Pro.
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For: Unanimous
Against: Nil
Absent: Cr Hamling
RESOLVED - 19/459 Cr J Whitton/Cr S Munro That Item 5.1 and 5.2 be dealt with next on the agenda.
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For: Unanimous
Against: Nil
Absent: Cr Hamling
5.1 Election of Deputy Mayor TRIM Reference: 2019/1937 |
RESOLVED - 19/460 Cr S Munro/Cr S Romano That Council resolves: 1 That Council elect a Deputy Mayor for the 2019 to 2020 period. 2 That the method of voting for the election of Deputy Mayor be ordinary ballot. 3 That the Chief Executive Officer, acting as the Returning Officer, conduct the election for the Deputy Mayor.
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For: Unanimous
Against: Nil
Absent: Cr Hamling
The Chief Executive Officer advised that nominations for Deputy Mayor had been received from:
· Cr T Mileto
· Cr S Munro
· Cr S Romano
· Cr J Whitton
Following the first round of voting, Cr Mileto received 5 votes, Cr Romano received 3 votes, Cr Whitton received 2 votes and Cr Munro received 1 vote. As Cr Munro had the lowest number of votes his nomination was excluded and a new ballot conducted with the remaining candidates.
Following the second round of voting, Cr Mileto received 5 votes, Cr Romano received 4 votes and Cr Whitton received 2 votes. As Cr Whitton had the lowest number of votes his nomination was excluded and a new ballot conducted with the remaining candidates.
Following the third round of voting, Cr Romano received 6 votes and Cr Mileto received 5 votes.
As Cr Romano had the highest number of votes, he was declared elected to the position of Deputy Mayor.
5.2 Policy Committees of Council TRIM Reference: 2019/1938 |
RESOLVED - 19/461 Cr T Mileto/Cr S Munro That Council resolves to adopt: 1 The Policy Committee Structure set out in Attachment 1 to this Agenda; and 2 That the method of voting for the election of Policy Committee Chairs be by ordinary ballot; and 3 That the Chief Executive Officer, acting as Returning Officer, conduct the election for the Policy Committee Chairs.
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For: Unanimous
Against: Nil
Absent: Cr Hamling
The Chief Executive Officer conducted an election of Policy Committee Chairs.
Finance Policy Committee
A nomination was received for Cr McRae.
Cr McRae was elected Chairperson of the Finance Policy Committee.
Infrastructure Policy Committee
A nomination was received for Cr Whitton.
Cr Whitton was elected Chairperson of the Infrastructure Policy Committee.
Sport and Recreation Policy Committee
A nomination was received for Cr Hamling.
Cr Hamling was elected Chairperson of the Sport and Recreation Policy Committee.
Environmental Sustainability Policy Committee
Nominations were received for Cr Nugent and Cr Previtera.
Following voting, Cr Previtera received 6 votes and Cr Nugent received 5 votes.
Cr Previtera was elected Chairperson of the Environmental Sustainability Policy Committee.
Planning and Development Policy Committee
A nomination was received for Cr Turner.
Cr Turner was elected Chairperson of the Planning and Development Policy Committee.
Employment and Economic Development Policy Committee
A nomination was received for Cr Mileto.
Cr Mileto was elected Chairperson of the Employment and Economic Development Policy Committee.
Services Policy Committee
Nominations were received for Cr Nugent and Cr Munro.
Following voting, Cr Munro received 6 votes and Cr Nugent received 5 votes.
Cr Munro was elected Chairperson of the Services Policy Committee.
The Mayor read out the elected Chairpersons of the Policy Committees.
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.30PM.
OPEN FORUM
Item 4.1 – Rescission Motion – DA 141/2019(1) - Lot 78 Lantana Place
78 Lantana Place
Luke Holden – spoke against the development
Jordan Naylor – spoke against the development
Andrea Ferry – spoke against the development
Joshua Ferry – spoke against the development
Mark Turner – spoke against the development
Martin Berndt – spoke against the development
Jessica Berndt – spoke against the development
Catherine Clark – spoke against the development
Danielle Collison – spoke against the development
David Fisher (Housing Plus) - Applicant
Sarah Priestley (Housing Plus) - Applicant
Scott Taylor (Housing Plus) - Applicant
Justin Cantelo (Housing Plus) - Applicant
Item 5.12 - DA 222/2019(1) - 10 William Street
Dianne Gee – spoke in favour of having tree removed
Lisa Brisbane – spoke in favour of having tree removed
Item 5.11 - Gosling Creek Reserve Plan of Management
Nick King (ECCO) – expressed concerns about the revised Gosling Creek Reserve Plan of Management.
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL
RESUMED AT 8.45 PM
3 CONFIRMATION OF MINUTES OF PREVIOUS MEETING
RESOLVED - 19/462 Cr S Romano/Cr T Mileto That the Minutes of the Ordinary Meeting of Orange City Council held on 3 September 2019 (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 3 September 2019. |
For: Unanimous
Against: Nil
Absent: Cr Hamling
RESOLVED - 19/463 Cr R Turner/Cr S Nugent That the Minutes of the Extraordinary Meeting of Orange City Council held on 10 September 2019 (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 10 September 2019. |
For: Unanimous
Against: Nil
Absent: Cr Hamling
4 Notices of Motion/Notices of Rescission
4.1 Rescission Motion - DA 141/2019(1) - Lot 78 Lantana Place, Orange TRIM Reference: 2019/1951 |
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RESOLVED - 19/464 Cr K Duffy/Cr G Taylor That Council rescind the following resolution of the Planning and Development Committee Meeting of 3 September 2019.
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For: Cr Duffy, Cr Kidd, Cr Whitton, Cr Taylor, Cr Munro, Cr Previtera, Cr Romano, Cr Turner
Against: Cr McRae, Cr Mileto, Cr Nugent
Absent: Cr Hamling
MATTER ARISING Cr Duffy requested a report be brought to Council identifying the mechanisms available to address suitable locations in Orange for development of social housing. |
5 General Reports
5.3 Dates for Meetings of Council TRIM Reference: 2019/1939 |
RESOLVED - 19/465 Cr S Nugent/Cr T Mileto That Council approves as follows: 1 The meeting schedule as set out in the Code of Meeting Practice; and 2 An Ordinary Meeting of Council be held on the first Tuesday of the month at 7pm; and 3 Ordinary Policy Committees (being the Planning and Development Committee, Employment and Economic Development Policy Committee, Infrastructure Policy Committee, Sport and Recreation Policy Committee, Environmental Sustainability Policy Committee, Finance Policy Committee, Services Policy Committee) be held on the first Tuesday of each month as part of a Council Meeting to commence at 7pm; and 4 An Open Forum is held at the first and/or second meeting of each month subject to requirement; and 5 An Ordinary Council Meeting be held on the third Tuesday of each month commencing at 7pm; and 6 Councillor Workshops/Briefings be held on the second Tuesday of each month if required, commencing at 6pm.
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For: Unanimous
Against: Nil
Absent: Cr Hamling
5.4 Recommendations and Resolutions from Policy Committees TRIM Reference: 2019/1953 |
RESOLVED - 19/466 Cr S Nugent/Cr M Previtera 1 That the resolutions made by the Planning and Development Committee at its meeting held on 3 September 2019 be noted. 2 That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 3 September 2019 be noted. 3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 3 September 2019 be noted. 4 That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 3 September 2019 be noted. 5 That the resolutions made by the Finance Policy Committee at its meeting held on 3 September 2019 be noted. 6 That the resolutions made by the Services Policy Committee at its meeting held on 3 September 2019 be noted.
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For: Unanimous
Against: Nil
Absent: Cr Hamling
5.5 Update on Outstanding Resolutions of Council including Questions Taken on Notice and Notices of Motions. TRIM Reference: 2019/1955 |
RESOLVED - 19/467 Cr S Nugent/Cr R Turner 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.
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For: Unanimous
Against: Nil
Absent: Cr Hamling
MATTER ARISING
Cr Taylor requested Councillors be provided with an update on the upgrading of line marking for disabled carparks in Orange. |
Crs Taylor and Duffy requested a report be provided to Council on the policy framework for issuing parking infringements and detailing the numbers and breakdown of penalty notices issued in Orange and the basis of the fine. |
5.6 2018/19 Financial Statements TRIM Reference: 2019/1829 |
RESOLVED - 19/468 Cr J Whitton/Cr S Munro 1 That Council resolve to authorise the Mayor, Chairperson of Finance Policy Committee, Chief Executive Officer and Responsible Accounting Officer to sign the Statement by Council and Management for the General Purpose and Special Purpose Financial Statements in order for Council’s Auditors to conduct the audit and upon completion of the audit, issue an audit statement in accordance with section 413(2)(c) of the Local Government Act 1993. 2 That Council’s Auditor be invited to present the Audit Report to Council.
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For: Unanimous
Against: Nil
Absent: Cr Hamling
5.7 Statement of Investments - August 2019 TRIM Reference: 2019/1949 |
RESOLVED - 19/469 Cr J Whitton/Cr R Turner That Council resolves: 1 To note the Statement of Investments as at 31 August 2019. 2 To adopt the certification of the Responsible Accounting Officer.
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For: Unanimous
Against: Nil
Absent: Cr Hamling
5.8 Stronger Country Communities Round 3 TRIM Reference: 2019/1899 |
RESOLVED - 19/470 Cr S Munro/Cr S Nugent That Council resolves the following projects are to be submitted in order to the Stronger Country Communities Fund Round 3: 1 New toilet in three local parks. 2 Extra footpaths. 3 ANZAC Park netball courts. 4 Supported Housing for youth. 5 Bicycle education park. 6 Orange Youth Hub
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For: Unanimous
Against: Nil
Absent: Cr Hamling
** Cr Taylor left the Chamber. **
5.9 Performance Indicators - Final Quarter 2018/19 TRIM Reference: 2019/1934 |
RESOLVED - 19/471 Cr J Whitton/Cr M Previtera That the Performance Indicators - Final Quarter 2018/19 be acknowledged.
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For: Unanimous
Against: Nil
Absent: Cr Hamling, Cr Taylor
5.10 Requests for Financial Assistance - Quarter 2 of 2019/20 General Donations - Correction of Missing Resolution TRIM Reference: 2019/1945 |
RESOLVED - 19/472 Cr S Nugent/Cr T Mileto The Council resolves: 1 That a donation of $2,000.00 be made from the General Donations Program to Come Together Choir (Purchase of Uniforms).
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For: Unanimous
Against: Nil
Absent: Cr Hamling, Cr Taylor
** Cr Taylor returned to the Chamber. **
5.11 Gosling Creek Reserve Plan of Management TRIM Reference: 2019/1944 |
RESOLVED - 19/473 Cr S Romano/Cr K Duffy That Council resolve to forward the amended draft Gosling Creek Reserve Plan of Management and comments received during the public exhibition period to the Minister for Lands and Forestry for approval and adoption.
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For: Cr Kidd, Cr Duffy, Cr McRae, Cr Mileto, Cr Munro, Cr Previtera, Cr Romano, Cr Taylor, Cr Turner, Cr Whitton
Against: Cr Nugent
Absent: Cr Hamling
5.12 Development Application DA 222/2019(1) - 10 William Street TRIM Reference: 2019/1946 |
Cr G Taylor declared a pecuniary interest in this item as he undertook work at the property as a contractor, left the Chamber, and did not participate in the voting or debate on this item. |
MOTION That Council refuses development application DA 222/2019(1) for Demolition (tree removal) at Lot 2 Sec C DP 714681 - 10 William Street, Orange for the following reasons: 1 The subject tree is a healthy specimen and structurally sound. 2 Tree removal will have adverse impacts on the heritage significance of this neighbourhood in the East Orange Heritage Conservation Area. 3 Tree removal will have adverse visual impacts on the streetscape. 4 Tree removal will have adverse impacts on the landscape setting in the locality. |
AMENDMENT Cr K Duffy/Cr S Munro That Council staff bring back to the Council within 14 days a notice of approval to development application DA 222/2019(1) for Demolition (tree removal) at Lot 2 Sec C DP 714681 - 10 William Street, Orange. |
THE AMENDMENT ON BEING PUT TO THE MEETING WAS CARRIED AND BECAME THE MOTION THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED |
RESOLVED - 19/474 Cr K Duffy/Cr S Munro That Council staff bring back to the Council within 14 days a notice of approval to development application DA 222/2019(1) for Demolition (tree removal) at Lot 2 Sec C DP 714681 - 10 William Street, Orange.
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Division of Voting |
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Voted For |
Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J McRae, Cr T Mileto, Cr S Munro, Cr M Previtera, Cr R Turner, Cr J Whitton |
Voted Against |
Cr S Nugent |
Absent |
Cr J Hamling, Cr G Taylor |
** Cr Taylor returned to the Chamber. **
** Cr Romano left the Chamber. **
5.13 2020 Local Government Election TRIM Reference: 2019/2027 |
RESOLVED - 19/475 Cr K Duffy/Cr S Nugent That Council resolves: 1 That Pursuant to s.296(2), (3) and (5A) of the Local Government Act 1993 (NSW) (“the Act”) that an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council. 2 That pursuant to s.296(2), (3) and (5A) of the Act, as applied and modified by s.18, that a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council. 3 That pursuant to s.296(2), (3) and (5A) of the Act, as applied and modified by s.18, that a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council. 4 That permission be granted for the use of the Council Seal on all relevant documents.
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For: Cr Kidd, Cr Duffy, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Romano, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Hamling, Cr Taylor
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 - 19/476 Cr S Munro/Cr T Mileto 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 Acceptance of Tender for CBD Under Awning Whiteway Lighting This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 6.2 Crown Land Negotiation 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. |
For: Cr Kidd, Cr Duffy, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Hamling, Cr Romano
The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 9.45pm.
The Mayor declared the Ordinary Meeting of Council resumed at 10.05pm.
7 Resolutions from Closed Meeting
The Chief Executive Officer read out the following resolutions made in the Closed Meeting of Council.
6.1 Acceptance of Tender for CBD Under Awning Whiteway Lighting TRIM Reference: 2019/1858 |
RESOLVED - 19/477 Cr S Nugent/Cr J Whitton That Council resolves to: 1 Accept the coloured lighting tender from Large Industries Pty Ltd as for Separable portions Design, 3, 4 and 6 at a cost of $1,719,372.66. 2 Grant permission to the Chief Executive Officer or nominee to do such things as may be necessary or convenient to give effect to this decision, including affixing the Council Seal to all relevant documents if required.
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For: Cr Kidd, Cr Duffy, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent, Cr Previtera, Cr Taylor, Cr Turner, Cr Whitton
Against: Nil
Absent: Cr Hamling, Cr Romano
6.2 Crown Land Negotiation TRIM Reference: 2019/1634 |
RESOLVED - 19/478 Cr R Kidd/Cr G Taylor That Council resolves to defer this item.
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For: Unanimous
Against: Nil
Absent: Cr Hamling
The Meeting Closed at 10.10PM
This is Page Number 13 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 17 September 2019.
4 Notices of Motion/Notices of Rescission
RECORD NUMBER: 2019/1952
We, Cr Kevin Duffy, cr glenn taylor and cr jeff whitton wish to move the following Notice of Rescission at the Council Meeting of 1 October 2019:
That Council rescind the following resolution of the Planning and Development Committee Meeting of 3 September 2019.
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Signed Cr Kevin Duffy Cr Glenn Taylor Cr Jeff Whitton
STAFF COMMENT
It is noted that if the rescission motion is successful then Council will need to resolve either a refusal or a deferral for redesign, as is often the case.
RECORD NUMBER: 2019/2038
I, CR Reg Kidd wish to move the following Notice of Motion at the Council Meeting of 1 October 2019:
That Orange City Council investigate a support program to accommodate disadvantaged persons that need to access the Aquatic Centre for health and rehabilitation purposes. |
Background
Please see the attached letter which I received requesting assistance for a community member who is suffering financial disadvantage and health issues who could benefit from a program being introduced which would see her gain free access to the Aquatic Centre.
A person who is on a minimum of support funding, experiencing financial disadvantage and who has been advised by their GP that swimming is required for rehabilitation of a physical condition, would benefit from a subsidised entry fee into the Aquatic Centre. The cost of admission to the Aquatic Centre on a daily/weekly/yearly basis becomes prohibitive for a financially disadvantaged person.
A mechanism introduced to aid those in real need, backed by a medical certificate from a GP would assist this sector of the community.
Signed Cr Reg Kidd
STAFF COMMENT
If Council was to consider support for people in the circumstance outlined in the correspondence, Council should also consider support for children who would benefit from the use of the Aquatic Centre.
In particular children from trauma backgrounds, behavioural challenges or children with disabilities who benefit greatly from being able to access the Aquatic Centre free of charge.
Council could partner with Medical Paediatric Specialists or Paediatric Occupational Therapists who could provide a referral to the service as the mechanism to assist this sector of the community.
There are also a much broader range of members of the community who could benefit from access to the Aquatic Centre free of charge, quite apart from the group mentioned in the correspondence or children as referred to above. These include:
· Pensioners (aged and other)
· Veterans
· Lower socio economic groups including those with a health card
· Persons recovering from injury or surgery
Staff are able to bring a report to Council on how such a program could operate including its financial implications.
Financial Implications
It could be argued that there are no financial implications as it is unlikely that groups mentioned in the staff comment are currently accessing the facility.
However, as Council is technically waiving these fees if they provide entry free of charge, this would need to recognise this cost in its donations expenditure.
There would also be an administrative cost to operate the program which would depend on the extent of the program offered.
POLICY AND GOVERNANCE IMPLICATIONS
Nil. Council’s donations operational policy would be applied to enable the waiving of fees.
1 Redacted Letter from Catherine Bloomfield - Aquatic Centre and Financially Disadvantaged, D19/58187⇩
Attachment 1 Redacted Letter from Catherine Bloomfield - Aquatic Centre and Financially Disadvantaged
RECORD NUMBER: 2019/2134
AUTHOR: Samantha Freeman, Acting Director Corporate and Commercial Services
EXECUTIVE Summary
This year’s Local Government NSW Annual Conference will be held from Monday 14 October 2019 to Wednesday 16 October 2019 at Warwick Farm, Sydney. At this stage, five Councillors will be attending. This report proposes that the Council Meeting scheduled for Tuesday 15 October 2019 be re-scheduled to be held on Tuesday 22 October 2019 at 7pm.
It is also proposed to move the Council Meeting scheduled for Tuesday 5 November 2019 to Thursday 7 November 2019 given this is Melbourne Cup Day and traditionally Councillors have other commitments on this day.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “17.1 Collaborate - Provide representative, responsible and accountable community governance”.
Financial Implications
Nil
Policy and Governance Implications
Council will advertise the change of meeting dates in accordance with the Code of Meeting Practice.
1 That the Council Meeting scheduled for Tuesday 15 October 2019 be held on Tuesday 22 October 2019 at 7.00pm. 2 That the Council and Policy Committee meetings scheduled for Tuesday 5 November 2019 be held on Thursday 7 November 2019 commencing at 7.00 pm. |
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
With five Councillors at this stage proposed to attend the Local Government NSW Annual Conference from 14 to 16 October 2019, and to avoid the possibility of there not being a quorum, it is proposed to reschedule the meeting scheduled for Tuesday 15 October 2019 to Tuesday 22 October 2019 to allow all Councillors to attend.
As the Council and Policy Committee meetings scheduled for Tuesday 5 November 2019 is Melbourne Cup day, it is proposed that the meeting be moved to Thursday 7 November 2019 commencing at 7pm. This is to accommodate other commitments traditionally occurring on this day.
Council will advertise the change of meeting dates.
RECORD NUMBER: 2019/2039
AUTHOR: Catherine Davis, Executive Support Manager
EXECUTIVE Summary
The National Local Roads and Transport Congress will be held in Hahndorf, Adelaide Hills, South Australia from 18-20 November 2019. This Congress is hosted by the Australian Local Government Association (ALGA). Traditionally the Chairperson of the Infrastructure Policy Committee and relevant Council staff have attended this Congress
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “16.1 Collaborate - Work in partnership with other Councils, regional organisations and State and Federal Governments”.
Financial Implications
The cost of this Conference and associated accommodation/flights are provided for in the current Delivery/Operational Plan. Registration fees are $990 per delegate plus flights SYD/ADL are approximately $1000 return plus accommodation at approximately $200/night for 3 nights and possibly car hire.
Policy and Governance Implications
In accordance with Council’s Strategic Policy ST020 Councillors – Payment of Expenses and Provision of Facilities, Section 6.7 “Councillors seeking approval for any interstate and long distance intrastate travel must submit a case to, and obtain the approval of, the Chief Executive Officer prior to travel”. Upon approval by the Chief Executive Officer, Council will meet the cost of registration, accommodation and travel expenses to a maximum of $4,000 per annum for interstate travel across all Councillors. If a partner/spouse attends, all expenses are to be covered by the Councillor.
That Council resolve Councillor attendance for the National Local Roads and Transport Congress to be held in Hahndorf, South Australia on 18-20 November 2019. |
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 Congress is an opportunity for councils to come together as a united force to develop and refine a coherent national case for improved investment in Local Government roads as well as in other transport infrastructure for which Local Government is responsible that impacts on our community. The Congress is the only national Local Government event devoted entirely to roads and transport.
The preliminary program is as per below:
Preliminary Program
MONDAY 18 NOVEMBER 2019
10.00am |
TECHNICAL TOURS |
1.00pm |
LIGHT LUNCH |
1.45pm |
OPENING CEREMONY |
2.00pm |
OPENING ADDRESS |
2.20pm |
GOVERNMENT ADDRESS (invited) |
3.00pm |
AFTERNOON TEA |
3.30pm |
The State of Australia’s
Infrastructure |
4.00pm |
UK Perspective on Funding Local Roads Matthew Lugg OBE, Head of Profession, Local Government, WSP, UK |
4.30pm |
ARRB and its Work with Local Government Michael Caltabiano, CEO, Australian Road Research Board (ARRB) |
5.00pm |
WELCOME RECEPTION & EXHIBITION
OPENING |
TUESDAY 19 NOVEMBER 2019 |
|
8.00am |
LIGHT BREAKFAST |
9.00am |
The Future of Transport – How Local Government Can Benefit |
9.30am |
PANEL DISCUSSION |
11.00am |
MORNING TEA |
11.30am |
Drones – A New Take on First
Mile, Last Mile and Asset Management |
12.30pm |
The Latest from Austroads |
1.00pm |
LUNCH |
2.00pm |
Heavy Vehicle National Regulatory Review |
2.30pm |
Road Funding – What are We
Asking for and Why |
3.00pm |
AFTERNOON TEA |
3.30pm |
Circular Economy |
4.30pm |
ASSISTANT MINISTER ADDRESS (invited) |
5.00pm |
DAY TWO CONCLUDES |
6.30pm |
CONGRESS DINNER |
WEDNESDAY 20 NOVEMBER 2019 |
|
7.30am |
LIGHT BREAKFAST |
8.30am |
Elimination of Harm from Road Use |
9.00am |
Making Our Roads Safer - The Big
Picture |
10.00am |
Mobility as a Service (MaaS) |
10.20am |
OPPOSITION ADDRESS |
10.50am |
CLOSING ADDRESS |
11.00am |
MORNING TEA |
|
Concludes |
RECORD NUMBER: 2019/1890
AUTHOR: Paul Johnston, Manager Development Assessments
EXECUTIVE Summary
Orange City Council has an existing agreement with Charter Hall to carry out parking patrols at Orange Central Square (resolved by Council on 17 December 2013 to enter into such agreement).
Under such agreement, Council provides a parking area attendant for periods totalling six hundred and twenty four (624) hours per annum to supervise the Orange Central Square car park as a free parking area for a maximum parking period of two hours for which a vehicle may stop or park in the free parking area. Thereafter, Council issues infringement notices in respect of vehicles which stop or park in the said area in excess of the permitted maximum two-hour period.
Orange Central wishes to increase the parking limit from two hours to three hours and requests Council’s approval to update the existing agreement to reflect the same.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “9.2 Preserve - Ensure that adequate car parking spaces are available to support growth”.
Financial Implications
It is anticipated with the increase in parking times, whilst patrol hours will remain under the contract, a reduction in fines is predicted to a value of around $40,000.
Policy and Governance Implications
Nil
1 That Council resolve to support the proposal to enter into a new parking agreement with Orange Central Square on the basis of a three-hour patrol and that the General Manager be authorised to negotiate the finer details of the parking agreement with the owners or Manager of Orange Central Square at 227-237 Summer Street, Orange under Section 650(6) of the Local Government Act 1993 and on the terms of this report and to implement such parking agreement so that it is at full cost recovery and satisfactory to Council. 2 That permission be granted to affix the Council Seal on all relevant documents. |
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 only means available for Council to set parking time rules and to enforce the parking rules on private land, is for Council to enter into a lease agreement with the owners of that land and to declare that land to be a Free Parking Area under Section 650(6) of the Local Government Act 1993.
Council has previously resolved to enter into such lease agreements with Orange Central Square, Orange City Centre, K-Mart and the Orange Summer Centre.
It should be noted that Council resolved at its meeting held 21 August 2018 to support a similar proposal from the Orange City Centre to enter into a new parking agreement with the Centre to increase the parking limit from two hours to three hours. The Orange City Centre requested that patrols be conducted every three hours as the Centre was experiencing lower traffic flow and it felt by offering customers increased parking time that the businesses within the Centre would benefit.
The majority of parking patrols are carried out by Council’s parking attendants within the central area of the Central Business District (CBD). These patrols are designed to cover the main car parks, other nearby minor car parks and on-street parking such that the parking attendant can return to carry out checks of the marks placed on the tyres of vehicles shortly after the completion of the relevant time limit (usually two hours). Some patrols are carried out in areas outside the CBD, such as school zones or the fringe areas of the CBD, but these areas are patrolled on an irregular basis.
Orange Central Square has requested that patrols be conducted every three hours instead of every two hours, citing similar reasons to those of the Orange City Centre stated above and that it will bring consistency across both shopping centres in Orange (refer to attached letter from Charter Hall dated 1 August 2019). It should be noted that Charter Hall has indicated that Kmart wish to retain the two-hour parking limit and Charter Hall will ensure changes are made to existing signage which will highlight the proposed changes and clearly delineate the two separate car park areas.
Council staff have carried out a review of patrol scheduling throughout the City and have determined that it is possible for staff to patrol the Orange Central Square on a three-hour basis, should Council agree to do so. Council staff have identified the following issues for consideration in determining whether or not to support the request:
§ May lead to confusion for shoppers having different time limits in different shopping centres and, in particular, K-Mart and Orange Central Square car parks. Emphasis would need to be placed on clear signage.
§ Technically challenging but possible for staff to patrol the car park with three patrols on a on a three hour basis.
§ It will change the manner in which staff patrol the surrounding street networks in terms of sequencing.
1 Request increase parking limit - two hours to three hours - Orange Central Square, IC19/16796⇩
Council Meeting 1 October 2019
Attachment 1 Request increase parking limit - two hours to three hours - Orange Central Square
6 Closed Meeting - See Closed Agenda
The General Manager will advise the Council if any written submissions have been received relating to any item advertised for consideration by a closed meeting of Orange City Council.
The Mayor will extend an invitation to any member of the public present at the meeting to make a representation to Council as to whether the meeting should be closed for a particular item. In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.
Recommendation That Council adjourn into a Closed Meeting and members of the press and public be excluded from the Closed Meeting, and access to the correspondence and reports relating to the items considered during the course of the Closed Meeting be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions: 6.1 Asphalt Plant Orange This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 6.2 Shiralee Road Land Acquisition 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. |
RECORD NUMBER: 2019/1947
AUTHOR: Nick Redmond, Manager Corporate and Community Relations
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
RECORD NUMBER: 2019/1699
AUTHOR: Shirley Hyde, Legal and Property Officer
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.