ORANGE CITY COUNCIL
Ordinary Council Meeting
Agenda
17 March 2015
Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that a Ordinary meeting of ORANGE CITY COUNCIL will be held in the Council Chamber, Civic Centre, Byng Street, Orange on Tuesday, 17 March 2015 commencing at 7.00pm.
Garry Styles
General Manager
For apologies please contact Michelle Catlin on 6393 8246.
Council Meeting 17 March 2015
In the event of an emergency, the building may be evacuated. You will be required to vacate the building by the rear entrance and gather at the entrance to the car park. This is Council's designated emergency muster point.
Under no circumstances is anyone permitted to re-enter the building until the all clear has been given and the area deemed safe by authorised personnel.
In the event of an evacuation, a member of Council staff will assist any member of the public with a disability to vacate the building
1.1 Apologies and Leave of Absence
1.2 Acknowledgement of Country
3 Confirmation of Minutes of Previous Meeting
3.1 Minutes of the Ordinary Meeting of Orange City Council held on 03 March 2015
4 Notices of Motion/Notices of Rescission
5.1 Statement of Investments - February 2015
5.2 Recommendations and Resolutions from Policy Committees.
5.3 Outstanding Questions Taken on Notice
5.4 2015 National General Assembly of Local Government Call for Motions
5.5 Variation to Alcohol Free Zone
5.6 Request For Financial Assistance
6 Closed Meeting - See Closed Agenda
6.1 Request - Write off bad debt
6.2 Tender - Construction of West Orange Sewer Pump Station
7 Resolutions from closed meeting
Council Meeting 17 March 2015
1.1 Apologies and Leave of Absence
1.2 Acknowledgement of Country
I would like to show my respect and acknowledge the Traditional Custodians of the Land, of Elders past and present, on which this meeting takes place.
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.
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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
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RECOMMENDATION That the Minutes of the Ordinary Meeting of Orange City Council held on 3 March 2015 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate record of the proceedings of the Council meeting held on 3 March 2015. |
Attachments
1 Minutes of the Ordinary Meeting of Orange City Council held on 3 March 2015
ORANGE CITY COUNCIL
MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 3 March 2015
COMMENCING AT 7.00pm
1 Introduction
Attendance
Cr C Gryllis (Deputy Mayor), Cr A Brown, Cr K Duffy, Cr R Gander, Cr J Hamling, Cr N Jones, Cr R Kidd, Cr S Munro, Cr G Taylor (7.05pm), Cr R Turner, Cr J Whitton
General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Administration and Governance, Manager Corporate and Community Relations, Manager Financial Services, Works Manager
In the absence of the Mayor, the meeting was chaired by Cr Gryllis (Deputy Mayor)
1.1 APOLOGIES
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RESOLVED - 15/056 Cr K Duffy/Cr J Whitton That the apologies be accepted from Cr J Davis OAM (Mayor) and Cr G Taylor (for lateness) for the Council Meeting of Orange City Council on 3 March 2015. |
1.2 ACKNOWLEDGEMENT OF COUNTRY
1.3 DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON PECUNIARY INTERESTS
SDC Item 2.2 Development Application DA 181/2014(1) – 2 Elizabeth Street
Cr J Whitton declared an interest in Item 2.2 as his company has commercial dealings with Telstra.
Cr R Kidd declared an interest in Item 2.2 as he is a resident of the area and his wife attended the onsite inspection.
SDC Item 2.4 Development Application DA 348/2014(1) – 21 and 23-25 Peisley Street
Cr C Gryllis declared an interest in Item 2.4 as he is involved as a real estate agent in this property.
SDC Item 2.5 Development Application DA 369/2014(1) – 2 Japonica Place
Cr A Brown declared an interest in Item 2.5 as he has business dealings with the developer.
Cr C Gryllis declared an interest in Item 2.5 as he is involved as a real estate agent in this property.
SDC Item 2.6 Development Application DA 18/2015(1) – 302-304 Summer Street
Cr C Gryllis declared an interest in Item 2.6 as as he is involved as a real estate agent in this property.
THE DEPUTY MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.04 PM
Graham Davidson
Mr Davidson spoke on the upgrade of Edye Park, Glenroi.
** Cr Taylor arrived at the meeting at 7.05pm**
THE OPEN FORUM CONCLUDED AT 7.08PM
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QUESTION TAKEN ON NOTICE Cr Gander requested a report on works undertaken in the Glenroi area. |
APOLOGIES BY CR REG KIDD
Cr Kidd made some pre-amble comments and then made the following apologies:
1 Mr Acting Mayor, at the Council Meeting on 4 March 2014 Item 3A Funding Request – Racing Orange, I stated in Open Council that I had doubts over information provided by the Director Corporate and Commercial Services in relation to this item. I had no right or justification for making this allegation and apologise without reservation to the Director for my comments. I provide an undertaking that I will meet the requirements of Council’s Code of Conduct in the future and request Mr Mayor that a copy of this apology be included in the Minutes of this Council Meeting.
2 Mr Mayor, at the Council Meeting on 4 March 2014, Item 3A Funding Request – Racing Orange, I declared an interest in this matter but continued to comment on the item prior to leaving the Chamber. In accordance with the Code of Conduct and having declared an interest, I should have made no further comment and left the meeting. Accordingly, I apologise without reservation to the Council for this error and now assure Council that I will meet the requirements of the Code of Conduct in the future. I will adhere to all aspects of the Code and will not breach the Code of Conduct again. I request Mr Mayor that a copy of this apology be included in the Minutes of this Council Meeting.
2 Mayoral Minutes
Nil
3 Confirmation of Minutes of Previous Meeting
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RESOLVED - 15/057 Cr K Duffy/Cr R Turner That the Minutes of the Ordinary Meeting of Orange City Council held on 17 February 2015 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate record of the proceedings of the Council meeting held on 17 February 2015.
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THE DEPUTY MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.15PM
THE DEPUTY MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.49PM
4 Notices of Motion/Notices of Rescission
Nil
5 General Reports
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5.1 Sporting Event - Traffic and Police Approvals TRIM Reference: 2015/244 |
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RESOLVED - 15/085 Cr J Hamling/Cr S Munro That the report by Director Community, Recreation and Cultural Services on Sporting Event – Traffic and Police Approvals be noted.
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5.2 Acquisition of Crown Land - Macquarie Pipeline Project TRIM Reference: 2015/460 |
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RESOLVED - 15/086 Cr S Munro/Cr R Gander 1 That Council approve the making of an application to the Minister for Local Government and the Governor for approval to amend the Proposed Acquisition Notice previously approved under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) to: a) remove references in the Schedule to the following parcels: i. ‘Crown Road Reserve adjoining Oaky Lane and Lookout Road – Easement for Macquarie Orange Pipeline Project (variable width) and affecting the part(s) shown so burdened in DP1178645’ ii. ‘DP1179042 – Lot 7002 DP1000865 – Easement for Macquarie Orange Pipeline Project (variable width) and affecting the part(s) shown so burdened in DP1179042’ iii. ‘Crown Road Reserve adjoining Spring Glen Road – Easement for Macquarie Orange Pipeline Project (variable width) and affecting the part(s) shown so burdened in DP1180098’ b) amend the following items in the Schedule by removing Lot 7001 DP93431 where it appears so that it will read as follows: i. DP1184097 Lots 1, 2 and 3 DP1196966 – Easement for Macquarie Pipeline Project (6 wide and variable) and affecting the part(s) shown so burdened in DP1184097 and DP1196966 ii Crown Road adjoining Lots 1, 2 and 3 DP1196966 - Easement for Macquarie Pipeline Project (6 wide and variable) and affecting the part(s) shown so burdened in DP1184097 and DP1196966 iii. Lots 1 and 2 DP1196966 – Easement for overhead powerlines 20 wide and affecting the parts) shown so burdened in DP1184097 and DP1196966 iv. Crown Road adjoining Lot 1 DP1196966 - Easement for overhead power lines 20 wide and affecting the parts) shown so burdened in DP1184097 and DP1196966 2 That permission be granted to use the Council Seal on any documents as part of the compulsory acquisition process for the easements contained in an amended Proposed Acquisition Notice approved by the Minister for Local Government and the Governor. 3 That the General Manager be delegated authority to execute on behalf of Council any document associated with the compulsory acquisition. 4 That all land on as listed on the Schedule be classified operational.
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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 Deputy 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 Deputy 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.
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RESOLVED - 15/087 Cr R Kidd/Cr S Munro That Council adjourn into a Closed Meeting and members of the press and public be excluded from the Closed Meeting, and access to the correspondence and reports relating to the items considered during the course of the Closed Meeting be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions: 6.1 Airport Project Update 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 - Supply of Ready Mixed Concrete 2015/16 This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. |
THE DEPUTY MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE CLOSED MEETING AT 8.54PM
THE DEPUTY MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 9.15PM
7 Resolutions from Closed Meeting
The General Manager read out the following resolutions made in the Closed Meeting of Council.
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6.1 Airport Project Update TRIM Reference: 2014/1974 |
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RESOLVED - 15/088 Cr R Turner/Cr S Munro That Council: 1 Approve amendments to the Orange Airport budget for a total of $18,050,000 to cover out of scope items, processes to make good previous works and poor subgrade conditions which impacted on the project 2 Approve increasing the second loan from $3M to $3,641,600 3 Note a potential contingency of $90,000 has been identified but will be the subject of further reports to Council via a quarterly review request if further project increases are required. 4 Note the progress and proposed actions to complete the delivery of infrastructure at the Orange Airport as outlined in the report.
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Council congratulated staff on the management of the Airport Project.
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6.2 Tender - Supply of Ready Mixed Concrete 2015/16 TRIM Reference: 2014/2253 |
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RESOLVED - 15/089 Cr R Turner/Cr S Munro 1 That Council include Hanson Construction Materials and Boral Country Concrete and Quarries on the supply panel for the period to 30 June 2016 for 20 MPa, 25 MPa and 32 MPa standard mix concrete for quantities of two cubic metres and above, with Hanson given first preference. 2 That Council include Boral Country Concrete and Quarries and Hanson Construction Materials on the supply panel for the period to 30 June 2016 for kerb and gutter mix concrete for quantities of two cubic metres and above, with Boral given first preference. 3 That Council acknowledge some work sites will have limited access and ready mixed concrete will need to be supplied with specialist equipment. 4 That Council not award a Contract for the supply of ready mixed concrete for quantities of less than two cubic metres and alternatively request quarterly quotations from the three tenderers, Hanson Construction Materials, Boral Country Concrete and Mid Western Mini Mix, for such supply. 5 That permission be granted to affix the Council seal to all relevant documents. 6 That a report be presented to Council on the negotiations undertaken as per resolution 4 above and include details of monthly usage of concrete for jobs under one cubic metre.
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Division of Voting |
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Voted For |
Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr N Jones, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton, Cr A Brown |
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Voted Against |
Nil |
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Absent |
Cr J Davis (Mayor) |
The Meeting Closed at 9.17PM
This is Page Number 10 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 3 March 2015.
TRIM REFERENCE: 2015/594
AUTHOR: Brock Gannon, Financial Accounting Officer
EXECUTIVE Summary
The purpose of this report is to provide a statement of Council’s investments held as at 28 February 2015.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “1.2 Our City - Information and advice provided for the decision-making process will be succinct, reasoned, accurate, timely and balanced”.
Financial Implications
Nil
Policy and Governance Implications
Council’s investment policy has been developed to minimise risks arising from Council’s investment activity by establishing value and credit rating limits with whom investments may be placed. This diversification of Council’s investment practices essentially provides a safeguard of Council’s investment portfolio. As disclosed in the certification by the Responsible Accounting Officer, all of Council’s investment activity has been conducted in accordance with Council’s adopted investment policy and applicable legislation.
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That Council 1 Receives the Statement of Investments as at 28 February 2015. 2 Receives and adopts the certification of the Responsible Accounting Officer. |
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
Regulation 212(1) of the Local Government (General) Regulation 2005 requires that a written report be presented each month at an Ordinary Meeting of the Council detailing all money that Council has invested under Section 625 of the Local Government Act 1993.
As at 28 February 2015, the investments held by Council totalled $100,595,243.25 and is attributed to the following funds:
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General Fund |
43,812,785.36 |
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Sewer Local Fund |
36,913,845.68 |
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Water Supply Local Fund |
18,070,649.73 |
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Orange CBD Special Rate |
1,797,962.48 |
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100,595,243.25 |
A reconciliation of Council’s investment portfolio provides a summary of the purposes for which Council’s investments are being held.
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Externally Restricted |
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General Fund |
22,163,082.96 |
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Water Fund |
18,070,649.73 |
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Sewer Fund |
36,913,845.68 |
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CBD Fund |
1,797,962.48 |
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Auspiced |
1,266,113.71 |
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Internally Restricted |
12,643,806.62 |
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Unrestricted |
7,739,782.07 |
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100,595,243.25 |
Portfolio Performance
Council’s current Long Term Financial Plan establishes the benchmark for Council’s interest on investments at “75 basis points above the current cash rate”. The cash rate as at 28 February 2015 had been decreased to 2.25%. The annualised average interest rate of Council’s investment portfolio at the same reporting date was 3.99% (weighted average 3.91%) which continues to exceed Council’s benchmark i.e. the cash rate of 2.25% plus 0.75% (or 75 basis points).
Council has also adopted the AusBond Bank Bill Index to provide a further benchmark focused towards long term investments. This change was made to the recently adopted amendments to the Strategic Policy council has in place for Investments. As at 28 February 2015 The AusBond rate was 2.76%. The annualised average interest rate of Council’s investment portfolio at the same reporting date was 3.99%.
Council’s adopted Investment Policy establishes limits in relation to the maturity terms of Council’s investments as well as the credit ratings of the institutions with whom Council can invest.
The following tables provide a dissection of Council’s investment portfolio as required by Council’s Investment Policy. The Policy identifies the maximum amount that can be held in a variety of investment products or with institutions based on their respective credit ratings.
Table 1 and Table 2 shows the percentage held by Council (holdings) and the additional amount that Council could hold (capacity) for each respective category in accordance with limits as established by Council’s Policy.
Table 1: Maturity – Term Limits
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Term to Maturity Allocation |
Maximum |
Holdings |
Capacity |
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0 - 3 Months |
100.00% |
9.41% |
90.59% |
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3 - 12 Months |
100.00% |
48.74% |
51.26% |
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1 - 2 Years |
70.00% |
17.26% |
52.74% |
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2 - 5 Years |
50.00% |
24.58% |
25.42% |
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5+ Years |
25.00% |
0.00% |
25.00% |
Table 2: Credit Rating Limits
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Maximum |
Holding |
Capacity |
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AAA |
100.00% |
0.00% |
100.00% |
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AA |
100.00% |
28.16% |
71.84% |
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A |
60.00% |
45.16% |
14.84% |
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BBB & NR |
40.00% |
26.67% |
13.33% |
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Below BBB |
0.00% |
0.00% |
0.00% |
Certification by Responsible Accounting Officer
I, Kathryn Woolley, hereby certify that all investments have been made in accordance with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy.
TRIM REFERENCE: 2015/604
AUTHOR: Michelle Catlin, Manager Administration and Governance
EXECUTIVE Summary
Council’s Policy Committees (Sustainable Development Committee, Infrastructure Policy Committee, Services Policy Committee, Environment and Economic Development Policy Committee and Finance Policy Committee) have delegation to determine matters before those Committees, with the exception of items that impact on Council’s Delivery/Operational Plan.
This report provides minutes of the Policy Committees held since the last meeting. Resolutions made by the Committees are for noting, and Recommendations are presented for adoption or amendment by Council.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “1.2 Our City - Information and advice provided for the decision-making process will be succinct, reasoned, accurate, timely and balanced”.
Financial Implications
Nil
Policy and Governance Implications
Nil
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1 That the resolutions made by the Sustainable Development Committee at its meeting held on 3 March 2015 be noted. 2 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 3 March 2015 be noted. 3 That the resolutions made by the Services Policy Committee at its meeting held on 3 March 2015 be noted. 4 That the resolutions made by the Environment and Economic Development Committee at its meeting held on 3 March 2015 be noted. 5 That the resolutions made by the Finance Policy Committee at its meeting held on 3 March 2015 be noted. |
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
Sustainable Development Committee
At the Sustainable Development Committee meeting held on 3 March 2015, all resolutions were made under delegation, and the minutes are presented for noting.
Infrastructure Policy Committee
At the Infrastructure Policy Committee meeting held on 3 March 2015, all resolutions were made under delegation, and the minutes are presented for noting.
Services Policy Committee
At the Services Policy Committee meeting held on 3 March 2015 all resolutions were made under delegation, and the minutes are presented for noting.
Environment and Economic Development Policy Committee
At the Environment and Economic Development Policy Committee meeting held on 3 March 2015, all resolutions were made under delegation, and the minutes are presented for noting.
Finance Policy Committee
At the Finance Policy Committee meeting held on 3 March 2015 all resolutions were made under delegation, and the minutes are presented for noting.
1 SDC 3 March 2015 Minutes, 2015/611⇩
2 IPC 3 March 2015 Minutes, 2015/612⇩
3 SPC 3 March 2015 Minutes, 2015/613⇩
4 EEDPC 3 March 2015 Minutes, 2015/614⇩
5 FPC 3 March 2015 Minutes, 2015/615⇩
Council Meeting 17 March 2015
5.2 Recommendations and Resolutions from Policy Committees
Attachment 1 SDC 3 March 2015 Minutes
5.2 Recommendations and Resolutions from Policy Committees
Attachment 2 IPC 3 March 2015 Minutes
5.2 Recommendations and Resolutions from Policy Committees
Attachment 3 SPC 3 March 2015 Minutes
5.2 Recommendations and Resolutions from Policy Committees
Attachment 4 EEDPC 3 March 2015 Minutes
5.2 Recommendations and Resolutions from Policy Committees
Attachment 5 FPC 3 March 2015 Minutes
TRIM REFERENCE: 2015/590
AUTHOR: Michelle Catlin, Manager Administration and Governance
EXECUTIVE Summary
Councillors have the opportunity to ask questions of the General Manager throughout Council and Committee meetings. While many questions asked can be answered at the meeting, or via a memo circulated to Councillors after the meeting, some questions require further action.
To ensure these questions are recorded and monitored, the attached table is updated, and is provided to Council for information.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “1.2 Our City - Information and advice provided for the decision-making process will be succinct, reasoned, accurate, timely and balanced”.
Financial Implications
Nil
Policy and Governance Implications
Nil
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That the information provided in the report by the Manager Administration and Governance on Questions Taken on Notice be acknowledged. |
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
Attached is a table of outstanding questions taken on notice from the Council Meetings held from 15 April 2014 to present. Where action has been taken on a particular question, this is noted in the “action” column. A new section has been added to the report where a matter arising has been progressed as a works request so Councillors are provided with an update on those items that require works to be scheduled.
1 Outstanding Questions Taken on Notice, 2014/745⇩
Council Meeting 17 March 2015
5.3 Outstanding Questions Taken on Notice
Attachment 1 Outstanding Questions Taken on Notice
OUTSTANDING QUESTIONS TAKEN ON NOTICE
COUNCIL MEETINGS
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Date of Meeting |
Question |
Responsible Staff Member |
Action |
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3 Mar 2015 |
Cr Gryllis requested information on the amount of rates income received from the Leewood Estate. |
Manager Financial Services |
A memo will be circulated to Councillors. |
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Cr Gander requested information on the amount of rates income that is collected from waste and recycling charges. |
Manager Financial Services |
Council’s adopted 2014/2015 budget estimates that $4.7M will be collected in waste and recycling charges. |
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Cr Kidd requested an updated on the progress, costs and funding of the Suma Park Dam upgrade project. |
Operations Manager |
This will be included in the Current Works report to the Infrastructure Policy Committee. |
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Cr Duffy requested an update on progress and costs of the Macquarie Pipeline Project. |
Operations Manager |
This will be included in the Current Works report to the Infrastructure Policy Committee. |
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17 Feb 2015 |
Cr Gander requested information on the annual costs of operating the pound facility by the RSPCA |
Manager Building and Environment |
Information will be circulated to Councillors. |
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2 Dec 2014 |
Cr Kidd requested an update on whether land used by the Rifle Range or Sporting Shooters Association of Australia is used by the Defence Force. |
Manager Administration and Governance |
Council has received confirmation that the Defence Force do not have any use or agreement of this site, and while the Rifle Range was used for training many years ago, it has not been used for a considerable time. |
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6 Nov 2014 |
A request was made for the City of Orange Traffic Committee to review the operation of the bus stop in Summer Street adjacent to Orange Central (given concerns that two buses cannot easily fit in this space). |
Commercial and Emergency Services Manager |
A plan will be presented at the next meeting of the City of Orange Traffic Committee.
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7 Oct 2014 |
Cr Gryllis requested guidance in relation to determining any interest when dealing with company names only and not owners of that company. |
General Manager |
Further clarification is being sought by the Office of Local Government following the training with Councillors held on 23 February 2015. |
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2 Sept 2014
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Cr Hamling requested a briefing to consider options for private cars for sale being parked on Council land, particularly on the Northern Distributor Rd and the Escort Way, and Jack Brabham Park. |
Director Development Services |
This item will be included on the Councillor Briefing Schedule. |
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15 April 2014 |
Cr Taylor requested consideration be given to further noise abatement issues at the residential properties in Anson Street adjacent to the Northern Distributor Road. |
Director Technical Services |
A detailed noise abatement plan involving consideration of earth bunds and associated landscaping is being investigated. On completion, a report will be prepared for Council. |
TRIM REFERENCE: 2015/658
AUTHOR: Michelle Catlin, Manager Administration and Governance
EXECUTIVE Summary
Council has received correspondence regarding the 2015 National General Assembly of Local Government to be held in Canberra from 14 to 17 June 2015. The correspondence calls for motions to the Assembly to be submitted by 17 April 2015.
The report also provides an opportunity for Council to confirm those delegates to attend the Assembly.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “1.2 Our City - Information and advice provided for the decision-making process will be succinct, reasoned, accurate, timely and balanced”.
Financial Implications
Council’s Delivery/Operational Plan provides funding for interested Councillors to attend the National General Assembly.
Policy and Governance Implications
The attendance of Councillors at the National General Assembly is expressly approved in Council’s Policy – Payment of Expenses and Provision of Facilities for Councillors.
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1 That Council consider any Motions to the National General Assembly. 2 That Council determine which Councillors will represent Orange at the National General Assembly to be held 14 to 17 June 2015 in Canberra. |
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 National General Assembly (NGA) of Local Government will be held in Canberra from 14 to 17 June 2015. The theme for this year’s Assembly is “Closest to the Community: Local Government in the Federation”. Attached for the information of Councillors is a discussion paper on the call for motions for the Assembly.
The NGA typically attracts more than 700 Mayors, Councillors and senior staff across Australia, and provides an opportunity to contribute to the development of national local government policy. Those motions adopted by the NGA are pursued by the Australian Local Government Association.
The Mayor and General Manager generally attend the National General Assembly; however other interested Councillors may also attend.
1 2015 National General Assembly of Local Government Call for Motions, D15/6261⇩
Council Meeting 17 March 2015
5.4 2015 National General Assembly of Local Government Call for Motions
Attachment 1 2015 National General Assembly of Local Government Call for Motions
TRIM REFERENCE: 2015/586
AUTHOR: Andrew Crump, Senior Planner
EXECUTIVE Summary
A formal request has been received by Council to amend the Alcohol Free Zone (AFZ) of the footpath outdoor dining area associated with Scrumptious on Summer Café at Shop 8, 142-146 Summer Street, Orange.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “13.4 Our Environment – Monitor and enforce regulations relating to City amenity”.
Financial Implications
Nil
Policy and Governance Implications
This application will have the effect of a localised variation to Council’s Alcohol Free Zone policy.
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That Council agrees to remove the Alcohol Free Zone immediately in front of Shop 8 Orange Arcade at 142-146 Summer Street, Orange such that alcohol can be served with food to patrons seated within the approved footpath outdoor dining area associated with Scrumptious on Summer Café. |
further considerations
The recommendation of this report has been assessed against Council’s other key risk categories and the following comments are provided:
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Environmental |
Council needs to be satisfied that varying the AFZ area immediately in front of the subject café will not result in unacceptable social impacts. Due to the use of the subject land being for the purposes of a café (rather than a small bar or pub) and the hours of operation proposed (ceasing no later than 8pm), the extent of anti-social behaviour as a result of varying the AFZ will be negligible. |
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Health and Safety |
As the variation of the AFZ is located on Council’s footpath, Council needs to be satisfied there will not be any liability risks as a result of serving alcohol on the footpath. A current footpath dining licence exists for the footpath dining which comprises a current public liability insurance policy noting Council as an interested party. |
SUPPORTING INFORMATION
A formal request has been received by Council to amend the Alcohol Free Zone (AFZ) within Summer Street, specifically to have it removed in front of the Scrumptious on Summer Café located at 142-146 Summer Street, Orange. This request has been made such that the proprietor can seek a liquor licence for the café and serve alcohol with meals to patrons seated within the footpath outdoor dining area.
Council recently issued consent to place furniture on Council’s footpath immediately in front of the subject tenancy. The area identified on those plans will be the area in question
The applicant submits the hours of operation associated with the alcohol licence will be 10am to 8pm Monday to Saturday and 10am to 3pm Sundays.
NSW POLICE REFRRAL
The request was referred to the NSW Police Canobolas Local Area Command for comment. At the time of writing this report no formal response had been received from the NSW Police, however it is understood that the NSW Police have no objections to this request.
SOCIAL IMPACTS
Given the land use, being a café rather than a small bar or pub type operation, coupled with the hours of operation being not later than 8pm on any evening, there is not anticipated to be any social impacts associated with this request.
As such, it is recommended that the request be granted.
TRIM REFERENCE: 2015/593
AUTHOR: Josie Sanders, Management Accountant
EXECUTIVE Summary
Council is in receipt of a number of requests for financial assistance under section 356 of the Local Government Act 1993. This report declines all requests as both budgets relating to General Donations and Major Promotions are fully expended.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “3.3 Our City – Recognise that members of the community will take different leadership pathways, the Council will support this growth and development through appropriate activities, initiatives and assistance”.
Financial Implications
If Council resolve as per recommendations of this report, the following balances remain from the 2014/2015 Budget.
· General Donations: Nil
· Major promotions: Nil
· Sports Participant Program: $7,118.18
· Sports Facility Program: Nil
Policy and Governance Implications
Nil
|
1 That Council decline the requests for financial assistance from Laurence Montague, Trudy Swain, Melanie Gooneratne, Kyan Lucas, and Heart Beats & Sahayas Pty Ltd, as the General Donations budget has been fully expended. 2 That Council decline the request from the Orange Domestic Violence Action Group, as the General Donations budget is fully expended, and they have already received a separate donation this year. 3 That Council decline the request for financial assistance from Duntryleague, as the Major Promotions budget has been fully expended, and they have already received a separate donation this year. |
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.
Comment from the Director Corporate and Commercial Services
Council will note from the information above that the General Donations budget, the Major Promotions budget and Sports Facility donations budgets are all fully expended. Consequently the requests for donations have been recommended to be declined.
Council adopted in the December 2014 Quarterly Review for the General Fund a deficit of $65,362. Assigning any additional donation monies from these requests would worsen this deficit position.
However, an option is that, should Council wish to allocate any funding for these requested donations, a further report be brought back identifying specific programs to be taken out of the current Delivery/Operational Plan to free up the necessary funding. This would mean other projects would not be undertaken however.
1 Donation Table, D15/5816⇩
2 Laurence Montague, IC15/1589⇩
3 Trudy Tackles MS, IC15/2449⇩
4 Orange Domestic Violence Action Group, IC15/2630⇩
5 Melanie Gooneratne, IC15/2046⇩
6 Kyah Lucas, IC15/2431⇩
7 Heart Beats & Sahayas Pty Ltd, IC15/2733⇩
8 Duntryleague, IC15/2693⇩
Council Meeting 17 March 2015
5.6 Request For Financial Assistance
Attachment 1 Donation Table
|
No.
|
Applicant |
Amount Sought |
Policy Position |
Purpose |
Comment |
Recommendation |
To be advertised |
|
A.1 |
Laurence Montague |
$250 |
General Requests – Miscellaneous. Up to a maximum of $500 |
Youth Off the Streets – Cycle event to be held 2 May 2015. Sydney to Surfers. |
Budget fully expended.
|
Nil |
No |
|
A.2 |
Trudy Tackles MS |
$930 |
General Requests – Reduction in Council Venue Hire Fees – 50 % up to $500 |
Use of Orange Function Centre, for fundraising ball for Trudy Swain.
|
Budget fully expended.
|
Nil |
No |
|
A.3 |
Orange Domestic Violence Action Group |
$1,218 |
Orange Domestic Violence Action group has already received a separate donation from Council this year. |
Event held 8 March 2015 to support and empower women in Orange. |
Budget fully expended.
|
Nil |
No |
|
A.4 |
Melanie Gooneratne |
$900 |
General Requests – Miscellaneous. Up to a maximum of $500 |
Regional Showgirl Finals held in Bathurst 28 February 2015. –To assist in expenses relating to dress, hair, makeup and shoes.
|
Budget fully expended.
|
Nil |
No |
|
A.5 |
Kyan Lucas |
$5,000 |
General Requests – Miscellaneous. Up to a maximum of $500 |
Costs associated with car conversion for disabled child. |
Budget fully expended.
|
Nil |
No |
|
A.6 |
HeartBeats & Sahayas Pty Ltd |
$6,390 |
General Requests – Reduction in Council Venue Hire Fees – 50 % up to $500 |
Orange Function Centre fees for this event amount to $1,390, plus they are seeking an addition $5,000 for costs associated with bringing Indian Musicians and performers to Australia on an Entertainment visa.
|
Budget fully expended.
|
Nil |
Yes |
|
No. |
Applicant |
Amount Sought |
Policy Position |
Purpose |
Comment |
Recommendation |
To be advertised |
|
B.1 |
The Orange Golf Club – T/as Duntryleague |
$1,650 |
Duntryleague has already received a separate donation from Council this year. |
Assist with costs associated with new tournament to coincide with Food Week. |
Policy has been applied |
Nil |
No |
5.6 Request For Financial Assistance
Attachment 4 Orange Domestic Violence Action Group
5.6 Request For Financial Assistance
Attachment 7 Heart Beats & Sahayas Pty Ltd
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 Request - Write off bad debt This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (b) the personal hardship of any resident or ratepayer. 6.2 Tender - Construction of West Orange Sewer Pump Station 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. |
6.1 Request - Write off bad debt
TRIM REFERENCE: 2015/552
AUTHOR: Donna Newell, Revenue Officer - Debtors
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 (b) the personal hardship of any resident or ratepayer.
6.2 Tender - Construction of West Orange Sewer Pump Station
TRIM REFERENCE: 2015/578
AUTHOR: Joshua Barnes, Water and Sewer Engineer
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.
