Agenda of Council Meeting - 1 September 2020

ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

HELD IN Council Chamber, Civic Centre, Byng Street, Orange AND via Online Conferencing Platform Zoom

ON 18 August 2020

COMMENCING AT 7.01pm

Attendance

Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr J McRae (Zoom), Cr T Mileto, Cr S Munro, Cr S Nugent, Cr G Taylor, Cr R Turner, Cr J Whitton

Chief Executive Officer, Acting Director Corporate and Commercial Services (Redmond), Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Acting Manager Corporate Governance (Constantine), Manager Financial Services (Zoom).

1.1 APOLOGIES

Nil

1.2 LIVESTREAMING AND RECORDING

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

1.3 OPENING PRAYER

Katharine Thornley, Wontama’s Aged Care Chaplain, led the Council in Prayer.

**Cr Taylor arrived at the meeting with the time being 7.04pm**

1.4 ACKNOWLEDGEMENT OF COUNTRY

The Mayor conducted the acknowledgement of Country.

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

Nil

2 Mayoral Minutes

Nil

3 Confirmation of Minutes of Previous Meeting

RESOLVED - 20/244 Cr J Whitton/Cr S Munro

That the Minutes of the Ordinary Meeting of Orange City Council held on 11 August 2020 (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 11 August 2020.

Cr Duffy asked when Council will receive a report on the demolition of Perry Oval Amenities.

The Chief Executive Officer advised a report will be provided for the next Council Meeting on 1 September 2020.

4 Notices of Motion/Notices of Rescission

Nil

5 General Reports

5.1 Recommendations and Resolutions from Policy Committees

TRIM Reference: 2020/1456

RESOLVED - 20/245 Cr S Nugent/Cr G Taylor

1 That the resolutions made by the Planning and Development Committee at its meeting held on 11 August 2020 be noted.

2 That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 11 August 2020 be noted.

3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 11 August 2020 be noted.

4 That the resolutions made by the Finance Policy Committee at its meeting held on 11 August 2020 be noted.

5 That the resolutions made by the Services Policy Committee at its meeting held on 11 August 2020 be noted.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent , Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Nil

Cr Duffy raised concerns with the left in/left out from the southern feeder road for the shooting club.

The Director Technical Services advised staff have been in discussion with the shooters club where access is in the cut and fill line of the southern feeder road and will provide left in/left out access.

Cr Duffy also advised an old plan of the southern feeder road is on Council’s Website.

5.2 Statement of Investments - July 2020

TRIM Reference: 2020/1355

RESOLVED - 20/246 Cr J Whitton/Cr S Munro

That Council resolves:

1 To note the Statement of Investments as at 31 July 2020.

2 To adopt the certification of the Responsible Accounting Officer.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent , Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Nil

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

TRIM Reference: 2020/1272

RESOLVED - 20/247 Cr S Munro/Cr S Romano

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

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent , Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Nil

Cr Kidd commended staff on this report stating it was an excellent document.

Cr Hamling raised concerns regarding the lack of shelters on the main fields at Jack Brabham Park, and asked why they were not included with the other 10 shelters.

The Director Community, Recreation & Cultural Services advised that staff have been working with the ODFA for shelters on Bernie Stedman oval and will work through that with them, with the priority this year to update the amenities building.

Cr Hamling asked why there were seats at the field but no shelter and if it was in the budget, or if there was money in the budget to build shelters.

The Director Community, Recreation & Cultural Services advised that the design only included seating, it was not included in the budget and there was no money in the current budget to build shelters.

5.4 Community Committee - Councillor Membership and Charters

TRIM Reference: 2020/1415

RESOLVED - 20/248 Cr T Mileto/Cr J Whitton

1 That the following Community Committee Membership be updated and confirmed:

· Spring Hill Community Committee – Cr Mileto (Chairperson), Cr Munro, Cr Nugent.

· Tidy Towns Community Committee – Cr Duffy (Chairperson), Cr Munro

· Environmental Sustainability Community Committee – Cr Nugent (Chairperson), Cr Kidd.

· Airport Community Committee – Cr Romano (Chairperson), Cr Mileto, Cr Munro

· Clifton Grove Community Committee – Cr McRae (Chairperson), Cr Turner.

· Economic Development Community Committee – Cr Mileto (Chairperson), Cr Kidd, Cr Whitton

· Lucknow Community Committee – Cr Mileto (Chairperson), Cr Kidd

· Parks, Trees & Waterways Community Committee – Cr Kidd (Chairperson), Cr Nugent, Cr Hamling

2 That the following Community Committee Charters be amended relating to Councillor membership requirements:

· Spring Hill Community Committee – Councillor requirement amended to 2 or more Councillors.

· Tidy Towns Community Committee – Councillor requirement amended to 2 or more Councillors.

· Environmental Sustainability Community Committee – Councillor requirement amended to 2 or more Councillors.

· Airport Community Committee – Councillor requirement amended to 3 or more Councillors.

· Clifton Grove Community Committee – Councillor requirement amended to 2 or more Councillors.

· Economic Development Community Committee – Councillor requirement amended to 3 or more Councillors.

· Lucknow Community Committee – Councillor requirement amended to 2 or more Councillors

· Parks, Trees & Waterways Community Committee – Councillor requirement amended to 2 or more Councillors.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent , Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Nil

5.5 Strategic Policy Review

TRIM Reference: 2020/627

RESOLVED - 20/249 Cr K Duffy/Cr S Munro

That Council resolves to:

1 Place the following policies on public exhibition for a period of 28 days:

· ST138 – Related Parties

· ST106 – Priority Weeds

· ST046 – Liquid Trade Waste

· ST091 – Orange City Library – Community Use

· ST002 – Central West Libraries

2 That the policies be referred to the Councillor Policy Review Committee for comment.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent , Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Nil

Cr Taylor asked if cape weed was in response to dust storms.

Cr Kidd stated that cape weed has a prolific seed which can sit in the ground for 30+ years. After a drought when ground cover has been decimated, it is ideal conditions for Cape Weed. Once lawns are re-established you will notice less Cape Weed.

5.6 Code of Conduct Complaint Reporting

TRIM Reference: 2020/1301

RESOLVED - 20/250 Cr J Hamling/Cr S Nugent

That the report on Code of Conduct Complaint Reporting be acknowledged.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent , Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Nil

5.7 Project Activities August 2020

TRIM Reference: 2020/1206

RESOLVED - 20/251 Cr J Whitton/Cr S Munro

That the report on Capital Projects by the Chief Executive Officer be noted.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent , Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Nil

Cr Turner asked if the Anzac Park development has been put to tender, if it had closed and if there were any tenderers.

The Director Community, Recreation & Cultural Services stated that Council received four quotes and obtained an additional quote with a report due back to Council and that the costs were significantly higher than anticipated.

Cr Nugent stated this report was an excellent addition to the regular reporting and requested it be provided on a monthly basis.

The Chief Executive Officer advised that it is an ambitious building year and is open to providing the information in a table monthly or quarterly to Council.

Cr Nugent advised he would like the report monthly.

Cr Kidd requested additional columns of “Underway” and “Completed” be added to the table.

Cr Nugent asked what the next steps involved for the painting of the netball courts with bike education.

The Director Community, Recreation & Cultural Services stated that staff have engaged with the Council design team to see what can be done before going to market noting the courts cannot be painted during the colder months but aiming to be complete by December.

Cr Kidd asked where the priority was for footpaths along Gardiner Road between Peisley Street and Anson Streets and what priority is given to high traffic areas with no footpaths.

The Director Technical Services stated that the report notes new works planned for Gardiner Road on page 173.

QUESTION TAKEN ON NOTICE

Cr Mileto requested information be provided on the appetite for lighting at the roundabout on Woodward Street/Wentworth Lane.

Cr Duffy asked if Council had received quotes for the demolition of the BMX track and do Councillors get the quotes and make a decision.

The Director Community, Recreation & Cultural Services stated a report will be provided to the next Council Meeting.

5.8 Minutes of the Audit and Risk Management Committee meeting of 29 May 2020

TRIM Reference: 2020/904

RESOLVED - 20/252 Cr S Munro/Cr J Whitton

1 That Council acknowledge the reports presented to the Audit and Risk Management Committee at its meeting held on 29 May 2020.

2 That Council determine recommendation 4.5 from the minutes of the Audit and Risk Management Committee meeting of 29 May 2020.

4.5 (2) That the Committee be renamed the Audit, Risk and Improvement Committee (ARIC) in line with the proposed New Framework.

4.5 (3) That the Charter be confirmed subject to the following amendments

a. update the Charter to replace the term General Manager with, Chief Executive Officer (CEO).

b. section 5.5. of the Charter, delete the words “and executive sessions”.

c. section 7.3(a) the third bullet point. Replace the words “rely on” with “refer to”; delete the words “based on external auditor’s management letter”;

3 That the remainder of the minutes of the Audit and Risk Management Committee at its meeting held on 29 May 2020 be adopted.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent , Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Nil

QUESTION TAKEN ON NOTICE

Cr Mileto requested a risk audit report be provided to Council on the risk for all Council owned sporting amenity facilities with fibro/asbestos risks identifying a capital works list for repair.

5.9 Initial Categorisation of Council Managed Crown Land

TRIM Reference: 2020/1232

RESOLVED - 20/253 Cr J Whitton/Cr R Turner

That Council requests approval from the Minister Administering the Crown Lands Management Act 2016 to categorise under the Local Government Act 1993 the land contained in the schedule below.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent , Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Nil

QUESTION TAKEN ON NOTICE

Cr Turner asked where the Civic Square reserve was up to with State Government classification changes for the Museum/Conservatorium.

Cr Nugent asked how the reports for item 5.9 – Initial Categorisation of Council Management Crown Land and item 5.12 – Classification of Council Managed Crown Land as Operational Land worked together.

The Acting Director Corporate & Commercial Services stated that item 5.9 talks about categorisation of items like Jack Brabham Park from general community use to sporting facility use and item 5.12 relates to the differences in Operational Land and Community Land.

5.10 Request for Financial Assistance - Orange Wine Festival

TRIM Reference: 2020/1308

MOTION Cr S Nugent/Cr R Turner

That Council resolves that funding of $10,000 be made from the Event Sponsorship Program to Orange Region Vignerons Association for the sponsorship of the 2020 Orange Wine Festival.

Amendment Cr R Kidd/Cr S Munro

That this item be deferred to the Council Meeting of 15 September 2020 for confirmation of the event proceeding.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent , Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Nil

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 - 20/254 Cr R Kidd/Cr S Munro

That this item be deferred to the Council Meeting of 15 September 2020 for confirmation of the event proceeding.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent , Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Nil

Cr Munro questioned what happens to the funds should the event not take place.

The Director Corporate & Commercial Services stated that the process of some events involved planning and funds will be expended, Council will then ask for a refund of unused funds.

Cr Kidd stated there is a need for consistency.

Cr Duffy stated there should be a way we can approve it but delay it for 6 months.

Cr McRae stated that most of the events that have been cancelled are volunteer led events, there is a need to balance what we do personally and what the policy says and that we may require a COVID policy relating to events.

Cr Duffy stated we had signs stating ‘welcome visitors’, and a lot of visitors to these events come from hotspots, we don’t want to deny people coming to Orange but need to look after the community, adding we should leave it a while then re-assess.

Cr Whitton stated staff have followed policy but it is up to Council to approve or not, the event may or may not go ahead regardless of the financial assistance.

Cr Kidd stated we do not want to get into a debate about who can come to Orange.

Cr Whitton stated we do not have authority to stop people coming to our city.

Cr Hamling stated that the onus comes back to the event organisers if anything goes wrong.

Cr Turner stated that part of the application acknowledges it cannot hold significant events as in previous years, that we can’t close the city down and have to take precautions with most people being responsible.

Cr Mileto commended local hotels for their reinforcement of COVID practices with visitors.

5.11 Extension of Tenure of Independent Members of the Audit Risk and Improvement Committee

TRIM Reference: 2020/1317

RESOLVED - 20/255 Cr S Nugent/Cr S Munro

That Council extend the appointment of Mr Phillip Burgett and Mr Bill Gillooly AM as the two independent members of the Audit and Risk Management Committee until September 2021 unless otherwise resolved by Council.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent , Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Nil

5.12 Classification of Council Managed Crown Land as Operational Land

TRIM Reference: 2020/1319

RESOLVED - 20/256 Cr S Munro/Cr S Nugent

That Council requests approval from the Minister Administering the Crown Land Management Act 2016 to classify the land Reserve numbered and named in the schedule below Operational Land to be administered under the Local Government Act 1993.

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent , Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Nil

5.13 Development Application DA 356/2019(1) - 149 Byng Street

TRIM Reference: 2020/1400

RESOLVED - 20/257 Cr S Munro/Cr S Nugent

That Council consents to development application DA 356/2019(1) for Information and Education Facility (alterations and additions to art gallery) and Signage at Lots 8 and 9 DP 820905 - 149 Byng Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.

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

5.14 Development Application DA 140/2020(1) - 5-17 and 46-60 Edward Street

TRIM Reference: 2020/1420

RESOLVED - 20/258 Cr T Mileto/Cr R Turner

That Council consents to development application DA140/2020(1) for Mixed Use Development: General Industry (aluminium extrusion and powder coating industry) and Warehouse and Distribution Centre at Lot 11 DP 575694, Lot 2 DP 544083, and Lot 501 DP 1122616 – 5-7, 9-17 and 46-60 Edward Street, Orange pursuant to the conditions of consent in the attached Notice of Determination.

Cr Nugent asked if Council received reports back about the process of cleaning up contamination on the site.

The Director Development Services stated that it is declared a significantly contaminated site and managed by the EPA, Council receives copies of reports which are also publically available on the EPA website.

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

5.15 Federal Local Roads and Community Infrastructure Program and Resources for Regions Projects

TRIM Reference: 2020/1434

RESOLVED - 20/259 Cr S Munro/Cr S Romano

That Council submits the following projects for approval:

1 Refurbishment of Hockey Centre Car Park and installation of security lighting

2 New Toilets in 3 local parks

3 New Canteen and Kitchen Facilities and Amenities and Shower Block at Naylor Pavilion

4 Youth Resilience Project to Orange School Students

For: Cr Kidd, Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent , Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Nil

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 Chief Executive Officer 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 - 20/260 Cr S Munro/Cr S Romano

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 Sale 24 Astill Drive 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 Tender for Construction of Orange Regional Gallery Extension

6.3 Tenders Stage 2 - Internal Fitout of the Animal Shelter

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 8.09pm.

*Cr Kidd left the meeting with the time 8.09pm, Cr Romano (Deputy Mayor) assumed the role of Chairperson**

**Cr Kidd returned to the meeting with the time being 8.40pm and resumed the chair**

*Cr Romano left the meeting with the time being 8.46pm**

**Cr Romano returned to the meeting with the time being 8.49pm**

The Mayor declared the Ordinary Meeting of Council resumed at 8.50pm.

7 Resolutions from Closed Meeting

The Chief Executive Officer read out the following resolutions made in the Closed Meeting of Council.

6.1 Sale 24 Astill Drive Orange

TRIM Reference: 2020/1385

RESOLVED - 20/261 Cr G Taylor/Cr S Munro

That Council resolves:

1 That Council sell part 24 Astill Place Orange for the sum of $595,000 plus.

2 That the proceeds be applied to the Land Development Reserve.

3 That permission be granted for the use of the Council Seal on any relevant documentation.

For: Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent , Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Kidd

6.2 Tender for Construction of Orange Regional Gallery Extension

TRIM Reference: 2020/1409

RESOLVED - 20/262 Cr S Nugent/Cr S Munro

That Council resolves:

1 That Tender F3020-8 for the Construction of the Orange Regional Gallery Extension be awarded to Renascent Regional Pty Ltd for their tendered price of $4,340,572 (ex GST).

2 That permission be granted to affix the Council Seal on any relevant document.

For: Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent , Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Kidd

6.3 Tenders Stage 2 - Internal Fitout of the Animal Shelter

TRIM Reference: 2020/1425

RESOLVED - 20/263 Cr S Nugent/Cr G Taylor

That Council:

1 Grant permission to the Chief Executive Officer, or his nominee, to enter into a standard contract with Inscape for the internal fitout and out-of-hours drop-off kennels (stage two) of the Animal Shelter at 36 Astill Drive, Orange for the amount of $324,960 exclusive of GST, as per the approved design.

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 the affixing of the Council Seal to all relevant documents if required.

For: Cr Duffy, Cr Hamling, Cr McRae, Cr Mileto, Cr Munro, Cr Nugent , Cr Romano, Cr Taylor, Cr Turner, Cr Whitton

Against: Nil

Absent: Cr Kidd

The Meeting Closed at 8.55pm

This is Page Number 19 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 18 August 2020.

Council Meeting 1 September 2020

5 General Reports

5.1 Election of Deputy Mayor

RECORD NUMBER: 2020/1299

AUTHOR: David Waddell, Chief Executive Officer

EXECUTIVE Summary

The Local Government Act 1993 provides that Council may elect a Councillor to be the Deputy Mayor (section 231). This report is prepared on the basis that Council wishes to elect a Deputy Mayor, and provides a process for this election to take place.

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

Section 231 of the Local Government Act provides that the term of the Deputy Mayor can be for the mayoral term or a shorter term. This report proposes an annual election of Deputy Mayor given that this mayoral term concludes in September 2020.

Recommendation

That Council resolves:

1 That Council elect a Deputy Mayor for the 2020 to 2021 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.

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 procedure to be followed for the conduct of the Elections is to be in accordance with Schedule 7 of the Local Government (General) Regulation 2005 which states (in part):

1 The General Manager [CEO] is the Returning Officer.

2 a) A Councillor may be nominated without notice for election as Deputy Mayor

b) The nomination is to be made in writing by two or more Councillors (one of whom may be the nominee). The nomination is not valid unless the nominee has indicated consent to the nomination in writing

c) The nomination is to be delivered or sent to the Returning Officer

d) The Returning Officer is to announce the names of the nominees at the Council Meeting at which the election is to be held.

Nominations can be lodged in a locked ballot box, which is located in the Chief Executive Officer’s office and will be in the Council Chamber prior to the Meeting. A nomination form has been provided with this report and will be available in the chamber at the start of the meeting.

At the start of the meeting, the Returning Officer will unlock the box and announce the nominated Councillors for the position of Deputy Mayor. Nominated Councillors will be given the opportunity to decline nomination for position of Deputy Mayor at this time.

The Election count and procedures for nominations, as set out in the Local Government (General) Regulation 2005 Schedule 7, are detailed below:

Election

3 (1) If only one Councillor is nominated, that Councillor is elected.

(2) If more than one Councillor is nominated, the Council is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot or by open voting.

(3) The election is to be held at the Council Meeting at which the Council resolves on the method of voting.

(4) “ballot” has its normal meaning of secret ballot

“open voting” means voting by a show of hands or similar means.

Ordinary Ballot or Open Voting

Marking of Ballot Papers

5 (1) If the election proceeds by ordinary ballot, the Returning Officer is to decide the manner in which votes are to be marked on the ballot-papers.

(2) The formality of a ballot-paper under this Part must be determined in accordance with clause 345 (1) (b) and (c) and (6) of this Regulation as if it were a ballot-paper referred to in that clause.

(3) An informal ballot-paper must be rejected at the count.

Count - 2 Candidates

6 (1) If there are only 2 candidates, the candidate with the higher number of votes is elected.

(2) If there are only 2 candidates and they are tied, the one elected is to be chosen by lot.

Count - 3 or more candidates

7 (1) If there are 3 or more candidates, the one with the lowest number of votes is to be excluded.

(2) If 3 or more candidates remain, a further vote is taken of those candidates and the one with the lowest number of votes from that further vote is to be excluded.

(3) If, after that, 3 or more candidates still remain, the procedure set out in subclause (2) is to be repeated until only 2 candidates remain.

(4) A further vote is to be taken of the 2 remaining candidates.

(5) Clause 6 of this Schedule then applies to the determination of the election as if the 2 remaining candidates had been the only candidates.

(6) If at any stage during a count under subclause (1) or (2), 2 or more candidates are tied on the lowest number of votes, the one excluded is to be chosen by lot.

It is recommended the ballot be undertaken by Ordinary Ballot. The process for a Preferential Ballot is outlined below.

Preferential Ballot

Ballot-papers and Voting

9 (1) The ballot-papers are to contain the names of all the candidates. The Councillors are to mark their votes by placing the numbers ‘1’, ‘2’ and so on against the various names so as to indicate the order of their preference for all the candidates.

(2) The formality of a ballot-paper under this Part is to be determined in accordance with clause 345 (1) (b) and (c) and (5) of this Regulation as if it were a ballot-paper referred to in that clause.

(3) An informal ballot-paper must be rejected at the count.

Count

10 (1) If a candidate has an absolute majority of first preference votes, that candidate is elected.

(2) If not, the candidate with the lowest number of first preference votes is excluded and the votes on the unexhausted ballot-papers counted to him or her are transferred to the candidates with second preference on those ballot-papers.

(3) A candidate who then has an absolute majority of votes is elected, but, if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the lowest number of votes and counting each of his or her unexhausted ballot-papers to the candidates remaining in the election next in order of the voter’s preference is repeated until one candidate has received an absolute majority of votes. The latter is elected.

(4) In this clause, absolute majority, in relation to votes, means a number that is more than one-half of the number of unexhausted formal ballot-papers.

In the past, Council has nominated to conduct the election of Deputy Mayor by Ordinary Ballot and therefore that method of voting is recommended.

Choosing by Lot

12 To choose a candidate by lot, the names of candidates who have equal numbers of votes are written on similar slips of paper by the Returning Officer, the slips are folded by the Returning Officer so as to prevent the names being seen, the slips are mixed and one is drawn at random by the Returning Officer and the candidate whose name is on the drawn slip is chosen.

Result

13 The result of the election is:

a) To be declared to the Councillors at the Council Meeting at which the election is held by the Returning Officer; and

b) To be delivered or sent to the Chief Executive of the Office of Local Government and to the Secretary of Local Government New South Wales.

NOMINATION FOR THE POSITION OF DEPUTY MAYOR

(Under Schedule 7, Local Government (General) Regulation 2005)

We, the undersigned, hereby nominate __________________________________________

for the position of DEPUTY MAYOR for the 2020/21 Term of Office.

** A minimum of two nominators is required**

Nominator
	Name	Signed


Nominator
	Name	Signed


Nominator
	Name	Signed


Nominator
	Name	Signed


		Date 2020

I,________________________________________ CONSENT TO MY NOMINATION FOR THE

POSITION OF DEPUTY MAYOR FOR THE 2020/21 TERM OF OFFICE

SIGNED ____________________________ DATE __________________________

Council Meeting 1 September 2020

5.2 Policy Committees of Council - Election of Chairpersons

RECORD NUMBER: 2020/1300

AUTHOR: David Waddell, Chief Executive Officer

EXECUTIVE Summary

It has been Council’s practice to establish a number of Policy Committees, and to delegate authority to those Committees to determine a range of matters, with exception to matters that would cause expenditure outside Council’s adopted Community Strategic Plan and Delivery Operational Plan.

This report seeks Council’s determination of the Policy Committee structure and to elect Chairpersons of each Policy Committee for the period September 2020 to September 2021.

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

All Committees are subject to Council’s Code of Meeting Practice.

Recommendation

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.

further considerations

SUPPORTING INFORMATION

The current Policy Committee structure is:

a Planning and Development Committee

b Employment and Economic Development

c Infrastructure

d Sport and Recreation

e Environmental Sustainability

f Finance

g Services

For Council’s information, the reporting line for the current Community Committees through the above Policy Committees is attached.

Council will be required to determine the Chairperson for each Policy Committee established at the meeting. Also attached are the Charters for the Policy Committees.

Election of Chairperson(s)

Council will need to resolve the method of voting. It is recommended that the method of voting be ordinary ballot.

The procedure to be followed for the conduct of the elections will be similar to the process adopted for the election of the Deputy Mayor, except for the requirement to provide nominations in writing.

Councillors may nominate for the position of Chairperson without notice at the meeting, and nominations do not need to be in writing. The General Manager will call for nominations and conduct the election for one Policy Committee at a time.

Procedures for the election count, as set out in the Local Government (General) Regulation 2005 Schedule 7, are detailed below:

Election

3 (1) If only one Councillor is nominated, that Councillor is elected.

(2) If more than one Councillor is nominated, the Council is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot or by open voting.

(3) The election is to be held at the Council Meeting at which the Council resolves on the method of voting.

(4) “ballot” has its normal meaning of secret ballot

“open voting” means voting by a show of hands or similar means.

Ordinary Ballot or Open Voting

Marking of Ballot Papers

5 (1) If the election proceeds by ordinary ballot, the Returning Officer is to decide the manner in which votes are to be marked on the ballot-papers.

(3) An informal ballot-paper must be rejected at the count.

Count - 2 Candidates

6 (1) If there are only 2 candidates, the candidate with the higher number of votes is elected.

(2) If there are only 2 candidates and they are tied, the one elected is to be chosen by lot.

Count - 3 or more candidates

7 (1) If there are 3 or more candidates, the one with the lowest number of votes is to be excluded.

(2) If 3 or more candidates remain, a further vote is taken of those candidates and the one with the lowest number of votes from that further vote is to be excluded.

(3) If, after that, 3 or more candidates still remain, the procedure set out in subclause (2) is to be repeated until only 2 candidates remain.

(4) A further vote is to be taken of the 2 remaining candidates.

(5) Clause 6 of this Schedule then applies to the determination of the election as if the 2 remaining candidates had been the only candidates.

(6) If at any stage during a count under subclause (1) or (2), 2 or more candidates are tied on the lowest number of votes, the one excluded is to be chosen by lot.

It is recommended that an Ordinary Ballot be conducted. The process for a preferential ballot is included for information below.

Preferential Ballot

Ballot-papers and Voting

(3) An informal ballot-paper must be rejected at the count.

Count

10 (1) If a candidate has an absolute majority of first preference votes, that candidate is elected.

(4) In this clause, absolute majority, in relation to votes, means a number that is more than one-half of the number of unexhausted formal ballot-papers.

Choosing by Lot

Attachments

1 Policy and Community Committee Structure - September 2018, D18/44147 ⇩

2 Policy Committee Charters - 2018, D18/44563 ⇩

3 Nomination Form - Chairperson - Policy Committee, D15/31558 ⇩

Council Meeting 1 September 2020

5.3 Event Approval Process - COVID 19 Restrictions

RECORD NUMBER: 2020/1556

AUTHOR: Tony Boland, Acting Business Development Manager

EXECUTIVE Summary

There is an increasing number of applications to host an event on Council owned and/or managed land. These events include food and non-food market events. This report is to seek resolution of how these applications will be assessed and a decision made on the event proceeding, particularly in light of the current COVID-19 restrictions.

It proposed that the decision to approve straight-forward events organised by local event organisers continues to be determined by staff. Due to the contentious nature of visitors during COVID-19 restrictions it is proposed that applications from external organisers of events (i.e. those from outside the Orange region) will be submitted to Council for a decision while current COVID-19 restrictions are in place. Any locally organised events that are considered by staff to be contentious in terms of COVID compliance will also be referred to Council.

All events will still require all documentation outlined in the event application, including a COVID-19 Safety plan. Event applications will firstly be measured against the Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No 4) 2020 (or a subsequent Health Order) to ensure they are permissible by the State Government.

The first of these applications to be reviewed from an external event organiser is included in this report.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “11.2 Prosper - Develop and attract a variety of events, festivals, venues and activities for locals and visitors, ensuring accessibility for all”.

Financial Implications

Council will not receive hire fees if the event does not go ahead. This will have negligible impact on the overall budget.

Policy and Governance Implications

Council's Strategic Policy - ST142 - Events on Council Owned and/or Managed Land Policy and its related Event Application documents are used to assess applications for Event approval. These approvals are usually made by staff, however with the additional heightened concern due to COVID-19, the Councillors are being asked by ratepayers to not approve events. Without a temporary modification to the policy (ST142), Councillors would not see external events prior to approval. This modification is only expected to last while Public Health Orders remain in place regarding attendance at events.

Recommendation

That Council resolves:

1 To permit non-contentious events hosted by local event organiser (i.e based within the Orange Region) to be approved by staff in line with the current Strategic Policy;

2 To temporarily modify Strategic Policy - ST142 - Events on Council Owned/Managed Land so that that events hosted by external event organisers (i.e. from outside the Orange Region) or contentious local events to be determined by a report submitted to Council while current COVID-19 restrictions are in place;

3 That if part ii of this resolution is adopted, to make a determination on the application for the Orange Fun Fair hosted by Ace Attractions Pty Ltd, Sydney, proposed to be held at the Orange Showground.

further considerations

Service Delivery	A determination on the process for Strategic Policy - ST142 - Events on Council Owned/Managed Land during the COVID-19 restrictions will allow staff to provide timely advice to applicants on the process and timeframes for applications and approvals or other outcomes.
Image and Reputation	There has been some pressure on Council from social media and other sources to not have events that allow people from other locations to attend. This pressure is more prevalent in COVID-19 infection surges.
Political	As the Councillors are able to vary policy in regards to events and staff are not, the temporary modification to the Strategic Policy - ST142 - Events on Council Owned/Managed Land will allow Councillors to make a decision based on the prevailing COVID-19 infection rates at the time.
Health and Safety	All events are analysed for risk measures and in particular a COVID Action Plan.

SUPPORTING INFORMATION

In determining approval for an event during COVID restrictions, staff must first apply the Public Health Order that exists at the time. This Health Order is applied to all events, whether held by local organisers or not.

Information regarding events under the Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No 4) 2020 is summarised below, including a definition of the permissible venues under the Major Reaction Facilities (outdoor):

1. Premises listed in the schedule 1 of the Public Health Order (included are Major recreation venues & non-food markets) are to develop and comply with a COVID safety plan.

2. Public gatherings in an outdoor public gathering of no more than 20 people.

Definition Public gathering: means a meeting or assembly of person for a common purpose include an organised or planned event in a public place (ticketed or not)

3. Major recreation facilities must not allow person to be on premise unless;

a. Admission is by the way of ticket and each person has been assigned seating AND the total number is lesser than 25% of the capacity of premise or 10,000 persons

b. Admission to the premises is limited to a maximum of 500 person AND the size of the premise is sufficient to ensure there is at least 4 square metres of space per person.

Definition Major Recreation facilities: means a building or place used predominately for large-scale sporting or recreation activities that are attended by large number of people whether regularly or periodically and includes theme parks, sports stadiums, showgrounds, racecourses and motor racing tracks.

It is proposed that staff will remain responsible for determining what constitutes a Major Recreation Facility Based on the definitions placed within the Public Health Order. This is due to the flexible nature of the definition. As an example, Robertson Park would not fit the definition of a Major Recreation Facility as it currently stands. However, if the park was segregated with posts and bunting and individual tickets issued, the site can then become a Major Recreation Facility. Staff have a range of variables to determine if the site meets the criteria, including size, access points and traffic issues.

Council has faced increasing public pressure against approving organised events inviting outsiders from Sydney to occur in Orange. Under the current policy the Councillors would not have the opportunity to see an application or have input into the determination as this is delegated to staff through the Policy (ST142). Given the contentious nature of these approvals under current restrictions, staff are seeking a position through a formal resolution from Council on who should approve these events.

The proposed resolution seeks to leave locally managed event approval with staff. This process is for expediency as a continuous process of reporting applications to Council and seeking approval for events that already occur on a regular basis will be very time consuming for both staff and Councillors. Council still has the recourse to direct an event to not proceed or to seek clarification or report on locally organised events from staff. Any local application deemed contentious will still be referred to Council for decision.

Attachments

1 Redacted - Event Application Form, Site Plan, Risk Assessment & COVID Safety Plan - Orange Showground - Orange Funfair - Ace Attractions 28 & 29 November 2020, D20/51689 ⇩

Council Meeting 1 September 2020

5.4 Demolition of Perry Oval Amenities Building

RECORD NUMBER: 2020/1578

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

EXECUTIVE Summary

The purpose of this report is to seek Council’s approval to demolish a Council-owned amenities building located at Perry Oval, being the land known as Lot 10 DP9575.

The building is located on the western side of the property and connects to Victoria Street.

The building has male and female toilets as well as a modest change room area. The building originally contained a small canteen area.

The subject property is marked with a star below.

Figure 1: Location Map of Amenities Block

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “5.2 Live - Ensure the community services provided by Council are professionally managed, integrated and meet demonstrated needs”.

Financial Implications

The demolition works has been provided for in the 2020/2021 budget. The anticipated cost for demolition works is $20,000.00.

The resolution to adopt the 20/21 Delivery Operational Plan included the following:

“That $50,000 be allocated to the upgrade of Perry Oval.”

Policy and Governance Implications

Nil

Recommendation

1 That Council approve the demolition of the Perry Oval Amenities building.

2 That a new amenities building be constructed on Perry Oval utilising funding received from the Resources for Regions fund.

further considerations

SUPPORTING INFORMATION

Structural issues with the amenities building were first identified by Council in 1995 with cracking of the structure evident.

On 23 April 2013 a structural report on Perry Oval Amenities Building was undertaken by Lynar Consulting. They identified asbestos present on site in the ceiling, cracks in the concrete slab and brick walls and the roof sagging. The report provided a recommendation “that the building remains locked until future demolition and removal.” After this report was received, Council locked the building and prevented use by the public and it was also removed from Council’s asset register.

On 9 July 2020 a second structural inspection was undertaken by Cook and Roe to confirm the structural adequacy of the building and any significant changes since the previous report. Its purpose was to also identify works that may be required to repair the facility.

Their recommendation paralleled Lynar Consulting advising that “Given the extensive rectification works and noting that a high level of ongoing maintenance will be required for the life of the structure, it is our opinion that Council complete demolition and replacement of the amenities block that is more appropriate for the site conditions is the most viable and efficient option.”

Both reports concluded that the main issue with the building is from a poor slab design and highly reactive clay soil. The large nearby gum trees are also pulling a large amount of water out of the ground which causes movement in the slab.

If Council were to undertake the repairs required to make the building structurally adequate and safe the following work would be required to be undertaken:

- Underpinning of concrete slab involving excavating sections under the existing slab and filling them with concrete to strengthen the existing slab

- Replacement of roofing system including timber structure

- New Gutters and downpipes to be installed as the building is not compliant

- Construction of new stormwater pits for water to drain from the building

- Re-grading of the surrounding area so water falls away from the building

- Repoint all cracks in the masonry walls involving removing mortar where cracked and replacing it with new mortar

- Removal of all asbestos contaminated building products and disposal

- Remove large gum tree that is in close proximity to building that is effecting water in highly reactive clay soil.

Council would also have to undertake the following work to make the building functional:

- Render repairs where cracked

- Replacement of asbestos linings with new sheeting

- Painting internally and externally

- Replacement of glass in windows broken by vandals

- Assessment of plumbing and electrical services, with intention of it requiring full replacement.

To undertake the repair works outlined above it would be in the vicinity of $122,000.00. Undertaking these works does not guarantee that the issues would not occur again therefore requiring further maintenance and repair in the future. With the large amount of work required to make the amenities serviceable again, it is unfeasible to undertake these works and it is recommended to demolish the building.

Councillor Inspection

An inspection of the building was conducted on site on Monday 17 August which was attended by the author of the structural engineering report, Councillors, Senior Council staff and members of the public.

During the site inspection the issues with the building were discussed with all present.

A further meeting was conducted with Senior Staff and Councillors on Tuesday 18 August where the information was relayed.

Usage

Perry Oval has been exclusively used as a training venue since 1988.

Major renovation and shaping occurred in 1989/90 at a cost of $25,000 to improve the surface for winter training. More extensive works were proposed but scaled back due to the field only being used for training purposes.

A petition was submitted to Council in 1996 (from community members not sporting groups) to request that the further development of Perry Oval be undertaken to allow sporting events to be conducted at the venue however at the time all sporting clubs had suitable “homes” and it was resolved that Perry Oval retain its classification as a training facility.

However a lighting upgrade was completed in 1999 and remains operable today.

Service Level

As mentioned Council previously resolved to designate Perry Oval as a training facility only. The service level (grounds maintenance) has been conducted by Orange City Council consistent with that designation.

Irrigation has not been operable at the grounds since the mid 1990’s and consisted of a quick coupler system. This system was a manual system that required spikes being driven into the pipes (similar to a fire hydrant). Water flows until the spikes are removed.

A new irrigation system is to be installed in this financial year to improve the field, but there are no plans for it to be utilised further other than for training purposes. However its operation and effectiveness in maintaining the field will be limited by any water restrictions that may be in place.

Replacement Amenities Building

With this limited amount of usage on the oval and other better equipped ovals in the city, an amenities building with a canteen and change room is deemed unnecessary for the site.

However it would be appropriate to install a modular unit or similar amenities. This is recommended to be constructed on the Eastern Side of Perry Oval.

The proposed use for the site would only require three toilets inclusive of a disabled bathroom which the current amenities does not allow for. A modular unit has been costed and would allow for the slab to be designed correctly to allow for the ground conditions without the need to remove any nearby trees.

Council has approved an application for allocation of funds under the resources for regions grant program. An example of the facility is attached for information.

Attachments

1 Perry Oval - Cook and Roe Structural Report, D20/43782 ⇩

2 Perry Oval - Lynar Consulting Structural Report, D20/43780 ⇩

3 Perry Oval - Yarra-3 Toilet Building, D20/51273 ⇩

Council Meeting 1 September 2020

5.5 OC Future City

RECORD NUMBER: 2020/1614

AUTHOR: Nick Redmond, Acting Director Corporate and Commercial Services

EXECUTIVE Summary

The last significant update of the CBD was undertaken in the 1990s. Since then there has been significant changes in the city and in the retail sector.

The OC Future City Framework aims to build on the existing strengths and pivot to support new opportunities.

SJB consultants were engaged by Council in late 2018 to undertake a review and master planning exercise for the Orange CBD. The scope was broad and ambitious covering a range of disciplines from urban design, traffic and transport planning, engineering, land use and a variety of community initiatives. Essentially to consider any and all means to enhance and upgrade the CBD recognising its role as foundational to Orange not just economically but also socially and culturally.

While the OC Future City Design Framework represents a long term strategy, the objective of this stage of the process is to detail community feedback and to prioritise works into three tranches. These tranches do not include all projects listed in the framework and the focus, particularly in the first two tranches is to activate the CBD by both undertaking the works and to stimulate the retail sector by encouraging visitation. It should be noted that numerous projects will be run across multiple years due to the scale of the work.

As well as hard infrastructure projects to be undertaken by Council there are also opportunities for projects that support business transition or fund private works.

There has been three strong themes:

1 Attract more people

2 Increase the number of people living and working in the City Centre

3 Make the City Centre more walkable - addressing the dominance of private vehicles in the City Centre, reducing reliance on the use of private vehicles as the primary mode of transport and making the City Centre more attractive, comfortable and safe to walk around.

While the adopted OC Future City Design Framework will be the overarching document to guide development over the longer term, as the project moves to the build stage it will be the CBD Upgrade Project.

While it will remain a whole of Council project this change in emphasis will also be reflected in how it is managed within Council as it moves from blueprint to delivery.

The OC Future City Project emerged from the Activate Orange Economic Strategy. The intent of the OC Future City Project is to identify and address how the City Centre will respond to the evolving needs of the region, local residents and businesses, workers and visitors to Orange.

The project provides an opportunity to support existing businesses and attract new investment. It is about encouraging people, both local and regional, to come into the CBD and spend more time there once they have arrived.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategies:

· “9.1. Construct and maintain a road network meets the community’s transport and infrastructure needs”

· “9.2. Ensure that adequate car parking spaces are available to support growth”

· “12.1 Prosper - Attract and grow strategic investment”

· “9.4. Develop a vibrant civic and commercial precinct as a centre for the community”

· “11.1. Capitalise on the character and lifestyle of Orange to remain a destination of choice”

· “12.1. Attract and grow strategic investment”

· “12.4. Partner with key stakeholders to enhance opportunities for local business to grow and prosper”

Financial Implications

The CBD Upgrade project is a 2 year $30 million plan. Council has committed $5 million per year, for 2 years, to this project. Full implementation will be contingent on external funding sources however the intent is to get started on the project with Council funding.

Tranche 1: $5 million Est

Tranche 2: $5 million Est (excludes the March Street crossing which is proposed for grant funding)

Tranche 3: Further work required to establish costs but preliminary estimates are $15.5 million.

The funds that Council has adopted is for capital works and the program elements which are operational will be part of a quarterly review.

Policy and Governance Implications

Nil

Recommendation

That Council adopt Tranche 1 and 2 as per the detail of this report.

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 delivery of this project will rely on a whole of Council approach to ensure success. In the section above where the project is linked to the Delivery/Operational Plan multiple strategies have been identified. However the impact of the project has relevance to numerous objectives on the Community Strategic Plan.
Image and Reputation	While there are many benefits detailed in the report a significant challenge during the delivery phase will be, to where possible, limit impacts on CBD businesses.
Political	The total project relies heavily on State and Federal Funding of $20M to deliver all projects detailed within the OC Future City Strategy. Were this Government funding is not forthcoming, the delivery of projects would be reduced to those funded by Council’s contribution.
Environmental	A key aspect of the project is to make the city more pedestrian (and alternative travel modes) friendly. This is considered a prerequisite for reducing car dependency, which in turn can help to reduce traffic, congestion and fossil fuel consumption.
Health and Safety	The relevant work, health and safety requirements will be complied with.
Employees	As mentioned above under service delivery the project requires a whole of Council approach. To that end small staff project teams have been established to focus on specific elements.
Stakeholders	While the disruptions created by COVID-19 will be long-lasting, the finalisation of this strategy and the implementation is an opportunity to form part of the recovery. Demonstrating the benefits and limiting the impact of implementation on key stakeholders will be an important engagement project. Such is the scope of the project stakeholders are community-wide.
Projects	In a COVID-19 climate there may be some reluctance to proceed with such a transformative and long term project. However there is also a need to make sure we continue to plan for the future.

SUPPORTING INFORMATION

Community coNsultation

There has been a number of community consultations both online and face to face.

More than 100 ideas were developed and several precinct project areas identified.

SJB, in conjunction with Council staff, undertook a range of community engagement initiatives including the formation of a Community Reference Group (CRG) of over 30 members from a wide cross section of Orange. The key role of the CRG was to review and comment on progress as each stage of the project was delivered.

Stage 1 was a familiarisation exercise where SJB came to Orange, explored our city, work-shopped with staff, councillors and the community. This enabled them to better understand the local issues and context as well as see first-hand the existing structure and performance of the CBD.

Stage 2 was essentially a return brief where SJB confirmed to Council their understanding of the project and what was to be delivered.

Stage 3 entailed brainstorming and envisaging as wide a range of options as possible, obtaining feedback from staff and the CRG to refine these ideas. This saw the delivery of several component parts. An economic component, a heritage component, traffic and movement component.

Feedback on these elements was provided leading to the main Future City document. The main document comprises an overview of the above process as well as suggested projects and an implementation plan. The project list is extensive and comprises both general CBD-wide and more localised precinct specific suggestions.

During the exhibition period of the draft OC Future City Planning and Design Framework Strategy, Council received 5 written submissions. Those submissions and a response table are attached.

The draft OC FutureCity Planning and Design Framework/Strategy was also exhibited on the Orange your say site.

Future City YourSay Orange online consultation report

The sheer number and scale of the proposals in the Future City documents was an obstacle for the general community to engage with the details. It would be valuable to do more in-depth community engagement about specific proposals as they progress.

During the 6-week online consultation, there were 384 visits to the site.

There were 109 visits to the download section. Visitors made 201 downloads of relevant documents, and 132 participants visited multiple project pages.

The site offered three different ways to express a view about the Future City strategies:

· Leaving an online comment

· Completing a survey

· Posting an idea about one of ten zone-based Future city projects

18 participants responded to the survey. 2 left online comments. 6 people made 14 contributions to the zone-based discussion.

Survey Responses:

There was overwhelming support (94%) for the Future City idea of attracting people to spend more time in the Orange CBD.

That support declined but was still solid (70%) when asked if respondents supported strategies to increase the number of people living in the CBD. 17% were undecided. 12% opposed the idea.

There was strong support (84%) for the Future City idea of making the CBD more ‘walkable’.

Individual Responses:

Suggestions and responses from individuals covered a breadth of topics.

General comments

The area to the immediate west of the DPI headquarters attracted attention with a number of suggestions to limit the amount of medium-density housing allowed on the site, and instead create green spaces for nearby employees and residents.

Commenters valued the number of children’s playgrounds to be found throughout Orange, but pointed to the lack of a playground in the CBD, suggesting the Northcourt area should be considered.

A commenter pointed to the lack of a mention of the Occasional Care Child care centre in Kite St, wondering if this facility could be included in the multi-level car park or alongside an entrance.

A respondent pointed to the need for Orange to remain affordable to residents of all demographic sectors, not only ‘affluent Sydneysiders’.

There was a suggestion for wheel-chair friendly green spaces in the CBD.

There was a suggestion to lock-in maximum building heights in an attempt to streamline future DA assessments and minimise uncertainty for investors.

There was a suggestion that Orange has less to offer for ‘family shopping fun times’ since the demise of key retail outlets.

Parking

There was a suggestion for more electric vehicle charging to be used by students and CBD staff through the day.

A respondent affirmed the idea of more multi-storey car parking, but suggested these facilities should be within the CBD not on the edges.

A commenter suggested new parking areas should come with cabling to allow for development of electric charging in future. Further development of public transport to and from the CBD would also reduce car traffic

Two lanes in Summer St

A respondent affirmed the proposal to reduce Summer St to two lanes if more trees and green spaces were added.

A respondent suggested that for the two-lane option in Summer St to work, there would need to be a new alternative route to remove almost all of the existing traffic (by adding of such as ‘Local traffic only’ signs at William St/Bathurst Rd intersection.)

Inner City Residential

A respondent affirmed the proposal for more inner-city living if housing was done tastefully with environmental value priorities. Others were concerned at high-rise, suggesting part of the appeal of Orange as a country town was the lack of high-rise building.

A respondent believed medium density two and three storey buildings would be attractive for people with a mix of 1 and 2 bedroom units.

Respondents suggested residential options would clutter the CBD, suggesting the CBD is for shopping and activities but not living there. The same respondent suggested reduced lanes in the Summer Street would be damaging for business.

Walkable Orange

A respondent suggested for Orange should be walkable and rideable. ‘Walking is good once people are in the CBD, but rideable allows people to get there without a car. This would attract tourists.’

The design should have an emphasis on less use of private cars, so that the CBD would not be dominated by car parks.

A commenter suggested Orange’s CBD was difficult to get around currently, especially Summer, Byng and roundabouts. They affirmed Summer St as a venue for outdoor dining, by positioning multi-storey car parking and small buildings on the edge of CBD with clear walking routes to connect to shopping areas.

A commenter saw the lack of large shopping malls as a problem, and people having to drive between existing malls and re-park in new locations in order to shop as a problem.

There should be more infrastructure for cyclists such as places to park/lock bikes, as well as borrow/hire cycles, and more dedicated cycling lanes.

There was a suggestion for council to build more footpaths from existing suburbs to the CBD.

The feedback in submissions and on the Your Say site was positive and the recommendations for the next stages align with those community views.

Continued community engagement will be critical to the success of the project particularly around elements that are likely to cause business disruptions.

Submissions

There were 6 long form submissions lodged during the exhibition period. There was general support for the project, however such is the scope of the work proposed, future engagement will be a critical element going forward to ensure the Orange community is part of the journey. For example work with TfNSW will be required particularly around the Summer Street element of Tranche 3.

More recent commentary has been around the need to get work started.

Implementation Plan

The FutureCity document sets out a series of visions, themes and objectives.

They are:

· Regional Destination

· Identity

· Liveability and Lifestyle

· Connected

· Ideas City

· A centre for work and study

Chapter 9 of the FutureCity document contains a Kit of Parts that has been divided into 2 main categories:

1 City wide projects and programmes

2 Precinct specific projects and projects

The Kit of Parts has 106 projects that have been compiled using ideas from the Visions of the document, the Community Reference Group, Project Steering Committee, Case Studies and staff. Some of the projects are very descriptive such as “Develop a Night Time Economy Policy” to very objective such as “Community Greening”.

In parallel to the finalisation of the FutureCity document Council has created 10 implementation groups containing various staff members who have workshopped the 106 projects in sympathy to the vision, themes and objectives. Not surprisingly the 10 groups have common interpretations of the FutureCity document. The common interpretations are currently being drafted into a 3D model of the city.

PROJECTS/ PRECINCTS

It should be noted that some of the projects in the City Wide Projects and Programmes list while not dealt with specifically in the tranches will form the basis of later work or will be used as the basis for how projects proceed. An example of this is the Water Sensitive Orange Strategy. Water sensitive design will be a consideration in the project roll out.

Additionally the precinct elements of the framework will also require additional work.

One of the important goals of the Institutional Precinct around Tafe and new DPIE was to create connections to the CBD. That has already commenced with the white way lighting project.

The Eastside Precinct including the current DPIE site and the commercial activities to its west also provide some opportunities. Separate to the OC Future City Framework, Council has developed a discrete precinct plan for this area that would support activation of the area post DPIE.

Tranche 1

Projects to June 2021

High Impact, short timeframe, achievable quickly

McNamara Street South Upgrade

The existing architecture, car parks, blank walls and footpaths can all be refreshed and upgraded to better support a lively city centre.

Improvements could include:

· New street trees

· Bud lights over the street and/or pedestrian lighting

· Repave footpaths

· Change road surface with graphics

· Planted gardens, pots, verges and new outdoor dining

· Public art

· Trellises, awnings and minor facade works

Est: $500,000

McNamara Lane

Anson Street - Summer to Kite upgrade Stage 1

Enhance the experience of city centre, particularly for those on foot. Provide an active mobility gateway to the Retail Core from the north and south. Improve the safety of pedestrians crossing between the city centre Shopping Centre and the Woolworths car park.

Transformative projects within the street corridor can include:

· outdoor dining

· new trees and shade

· innovative planting design

· water sensitive urban design measures

· rain gardens and storm water reuse

· street furniture and lighting

· innovative materials selection

· new technology such as smart meters

· solar power

· carbon reduction.

Est $500,000

Anson Street

Byng Street (Lords to McNamara) and Lords Place (Byng to Summer) Stage 1

A deliberate strategy for better connecting the Civic Precinct to Robertson Park.

Robertson Park is celebrated as the social meeting place for the community. Investments are made to ensure the park is active, multifunctional and represents the diverse cultures and people of Orange.

This should explore a number of permanent and temporary projects including:

· Tactical urbanism projects that temporarily test different street configurations using inexpensive means (planters, paint and temporary barriers)

· The conversion of Byng Street in front of the Civic Precinct into a shared street through hard and soft landscaping and the rationalisation of car parking.

Temporary closures for special events to test the appetite of the community before structural/ permanent changes are made to close this section of the street. Install permanent removable bollards for special events along Byng Street between Lords Place and Peisley Street to restrict vehicular access at specific turns.

The transformation of Lords Place to Summer could include:

· new separated bicycle lanes on the eastern side

· new street trees and shade

· water sensitive urban design measures

· rain gardens and stormwater reuse

· outdoor dining areas

· innovative planting design

· additional street furniture and lighting

· innovative materials selection

· solar power

· relocated taxi rank

· rationalised car parking

Est: $1.7 million

Byng Street

Lords Place

Community/ Council greening projects

Community facilitated projects that aim to green the City through community gardens, pavement gardens, vertical gardens, parklets, vines, trellises, etc.

Est: $200,000

Orange Public Art Program

Council, together with key stakeholders, develop a public art strategy for the commissioning of public art in the form of murals / graffiti art on blank façades of public and private buildings, sculptures and installations in the public domain. A key consideration should be building the profile of local and indigenous artists.

Est: $300,000

Lighting

Extend Summer Street festoon lights to Hill Street rather than stopping at Anson Street.

Council together with key property owners develop a strategy and programme for the lighting of specific buildings and external building façades after hours, throughout the year as well as for special events/ seasons.

Projects will include:

· White way

· Fairy lighting in trees

· Prominent building up-lighting

· Prominent tree up-lighting

Est: $700,000

Scrambled crossings

Investigate scrambled crossings at Lords Place and Summer, Anson and Summer and Sales and Sumer intersections.

Est: $100,000

Matthews Park

The park could be transformed to attract a broader cross section of the community and become a regional play destination, building on the existing transportation theme present in the form of the model train railway.

Matthews Park is a unique public park for the city and the region. One day a month the park is used for the running of model steam trains by a local volunteer club. Trains run on the substantial track system and two bridges that cross the creek using both the west and east sides of the park. The eastern side of the park also houses platforms and storage sheds.

The park and its use as a model train attraction is special and should be enhanced. The park should also be designed for more intensive uses for the days when the trains are not running. A new playground could built around the rail and transport theme, providing a multidimensional experience and destination for local families and visitors.

Est: $250,000

Programs

The first tier of the stimulus package is ensuring that businesses have a suitable digital presence. Working in conjunction with the Digital Advisor from BizHQ, Council will form a panel of web designers and a panel of content writers. It is proposed that the companies on the panel will be offered a flat fee for their work. This element will involve a $100,000 program to support retail businesses transitioning to digital.

The second tier of the stimulus package is ensuring that appropriate and willing businesses have a suitable digital sales presence. Working in conjunction with the Digital Advisor from BizHQ, Council will negotiate with contractors from the panel to move into the digital sales space.

The CBD Shop front activation will be in the form of a vinyl sticker that covers most of the window. The design should be consistent with appropriate uses for the shop i.e. a fashion shop could have a sketch of people trying on dresses or similar. A former café could have a sketch of people sitting down to eat. Heritage images will also be used and council has already had discussions with land lords on this.

Council to provide technical guidance and financial assistance to property owners to reinstate and introduce awnings and verandahs along key public streets. It is proposed that council will provide seed funding for these works at high profile sites in the CBD.

Est: $300,000

Wayfinding/Furniture/Painting upgrades

This element of the project will focus on areas in the CBD that can be upgraded now that might not be impinged as part of future works in the tranches.

Est: $450,000

Parking/Transport Review

Review parking times and zones and develop a permit scheme to encourage CBD workers to park away from high turnover zones.

The transport review of this element of the project will include a transport modelling assessment. The transport modelling assessment is to understand the impacts to the local road network as a result of the proposed network changes, for example how changes in Summer Street might impact other parts of CBD. The modelling will also look at public transport and how the redevelopment of the CBD will respond to issues such as those raised by TfNSW and ORAG.

Pop-up/Start-up Support

The framework found that persistently high retail rents in certain sections of the city centre present difficulties for new businesses to enter the market.

There are two approaches possible. Council could subsidise rents in existing vacancies or create new space. The latter is proposed using converted shipping containers. The key advantages are the containers are affordable, adaptable and mobile.

Council would work with Biz HQ to develop a EOI process to identify retail focussed start-up or pop businesses that would benefit from rental assistance as they kick-off.

The criteria would be around that these businesses could not establish if required to meet the existing CBD rental market. The intention is that as these businesses become sustainable they could transition to the open rental market.

The pop-up would be in the form of fitted out shipping containers located on Council owned property.

Est: $50,000

Shipping container pop-up

Tranche 2

Projects to June 2022

High Impact, medium timeframe, achievable with care and design

Lords Place upgrade

Transform Lords Place from Summer to Kite.

The transformation of Lords Place could include:

· bicycle lanes on the eastern side

· new street trees and shade

· water sensitive urban design measures

· rain gardens and stormwater reuse

· outdoor dining areas

· innovative planting design

· additional street furniture and lighting

· innovative materials selection

· solar power

· relocated taxi rank

· rationalised car parking

Est: $1.5 million

Lords Place

Robertson Park and McNamara North (Summer to Byng)

The upgrade will include a new Plan of Management for Robertson Park that considers:

· An indigenous revelation project

· A new children’s play space

· A new pavilion café

· The relocation of selected existing heritage items within the park

· Symbolically celebrating water in the park and the buried Blackmans Swamp Creek

The McNamara North project will include:

· Tactical urbanism projects that temporarily test different street configurations using inexpensive means (planters, paint and temporary barriers)

· Public domain improvements to McNamara Street and existing roundabouts to reduce traffic flow

· Temporary closures for special events to test the appetite of the community before structural/ permanent changes are made to close this section of the street.

Est million: $1.4 million

Programs 2

The first tier of the stimulus package is ensuring that businesses have a suitable digital presence. Working in conjunction with the Digital Advisor from BizHQ, Council will form a panel of web designers and a panel of content writers. It is proposed that the companies on the panel will be offered a flat fee for their work (see separate report). This element will involve a $100,000 program to support retail businesses transitioning to digital.

Est: $300,000

Community/ Council greening projects 2

Community facilitated projects that aim to green the City through community gardens, pavement gardens, vertical gardens, parklets, vines, trellises, etc.

Est: $200,000

Orange Public Art Program 2

Est: $300,000

Wayfinding/Furniture/Painting upgrades 2

This element of the project will focus on areas in the CBD that can be upgraded now that might not be impinged as part of future works in the tranches.

$450,000

March Street rail crossing

The CBD upgrade project includes changes to how traffic will move through the CBD with a focus on making the centre more walkable which was one of the key principles of the strategy.

This will impact on vehicular movements in the CBD which will in turn effect traffic volumes on the CBD periphery. The new crossing is part pf the management of that impact.

Est: $1.8 million (proposed to be funded through grants)

Anson Street upgrade Stage 2

Byng Street (Lords to McNamara) and Lords (Byng to Summer) Stage 2

A deliberate strategy for better connecting the Civic Precinct to Robertson Park.

Tranche 3

Projects to June 2023

High Impact, medium to long timeframe, achievable with care and design

Summer Street Public domain plan

Council to develop a plan for the entire length of Summer Street with TfNSW that sets out a long term vision for the street and clear programme for the renewal and transformation of the street over the short to medium term. This should include a variety of permanent and temporary measures to reinforce the character and identity of Orange.

Summer Street is a State highway and the extent of change will largely be determined by its required future movement function.

If only minor changes are undertaken, the role and nature of the street will essentially remain the same.

With the completion of the Northern and Southern Distributor, a major reconfiguration of Summer Street should be considered. Pending NSW Government approval and a downgrading of the street from State Highway, a redesign could greatly improve the retail high street as the heart of the city centre. The primary change would be a reduction in travel lanes from four to two and widening of the existing median.

Minor improvements could include:

· New smart poles to replace existing street lights

· New pedestrian lighting

· Additional street trees between parking bays and potentially within median

· Seasonal flower displays

· Improved bus shelters, seating and service information

· Relocation of taxi ranks to more appropriate locations

· Reinstatement of awnings where missing

· Reinstatement of verandahs and posts

· Review of street furniture locations

· Buffer planting between travel lanes and footpaths

Major changes would consider:

· Work with TfNSW to investigate the potential of reducing the carriageway from four travel lanes to two 3.5m lanes

· New footpath paving materials

· New street furniture suite

· Additional pedestrian and dining spaces (e.g. 50%)

· Substantial increases in public seating

· Relocation of bus stops to north—south side streets

· Additional trees to increase canopy cover (e.g. 40%)

· Planting of vines on trellises

· Improvements to shopfronts and signage

· Decorative building lighting

· Investigation of additional pedestrian crossings

· Permeable gardens and paving (min. 20%)

· Rain gardens and water retention

Lords South Kite to Moulder

The Lords South project would be an extension of the work carried out in Tranche 1 and 2.

Decked parking

Decked parking has been a community issue for some time. As the CBD upgrade will change the ways the centre of the city operates it is proposed that this be dealt with in the tranche 3 as a clearer picture of the parking demand will be known by that time.

Tranche 3 will also include consideration where necessary of extensions to:

· Programs

· Community/ Council greening projects

· Orange Public Art Program

· Wayfinding/Furniture/Painting upgrades

Attachments

1 Chris Brown Submission, D20/51783 ⇩

2 Nicholas Drage Submission, D20/51784 ⇩

3 Put Orange Fist Submission, IC20/15299 ⇩

4 ORAG Submission, IC20/16054 ⇩

5 Orange Society of Model Engineers, IC20/16053 ⇩

6 TfNSW Submission, D20/52281 ⇩

7 OC Future City Planning and Design Framework, D20/30043 ⇩

Orange City Council
Policy Committees (comprise all Councillors only)
Employment and Economic Development	Finance	Services	Infrastructure	Sport and Recreation	Environmental Sustainability	Planning and Development
Community Committees reporting to the Policy Committees – Members include Councillors and members of the public
Economic Development Orange Health Liaison Sister Cities	Audit and Risk Management	Ageing and Access Clifton Grove Cultural Heritage Community Safety and Crime Prevention Lucknow NAIDOC Week Orange Regional Museum Orange Conservatorium and Planetarium Spring Hill	City of Orange Traffic (**statutory committee) Floodplain Risk Management Orange Airport Orange and Cabonne Road Safety	Sport and Recreation (incl Bicycling) Orange Showground Australia Day	Companion Animals Environmental Sustainability Parks, Trees and Waterways Tidy Towns