Agenda of Council Meeting - 6 October 2015

ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 15 September 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

Acting General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Acting Director Technical Services (Boyd), Manager Administration and Governance, Manager Corporate and Community Relations, Works Manager

In the absence of the Mayor, the Deputy Mayor, Cr C Gryllis, chaired the meeting.

1.1 APOLOGIES

RESOLVED - 15/398 Cr J Hamling/Cr S Munro

That the apologies be accepted from Cr J Davis OAM (Mayor), Cr R Turner and Cr J Whitton for the Council Meeting of Orange City Council on 15 September 2015.

1.2 OPENING PRAYER

Andrew Wratten of Mountain Hope Church led the Council in prayer.

1.3 ACKNOWLEDGEMENT OF COUNTRY

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

Item 6.3 Land Sale – Narrambla

Cr C Gryllis declared a pecuniary interest in Item 6.3 as a Real Estate Agent acting in the area.

Item 6.4 Land Sale – Colliers Avenue

Cr C Gryllis declared pecuniary interest in Item 6.4 as a Real Estate Agent acting in the area.

2 Mayoral Minutes

Nil

3 Confirmation of Minutes of Previous Meeting

RESOLVED - 15/399 Cr R Kidd/Cr S Munro

That the Minutes of the Ordinary Meeting of Orange City Council held on 1 September 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 1 September 2015.

RESOLVED - 15/400 Cr R Gander/Cr S Munro

That the Minutes of the Extraordinary Meeting of Orange City Council held on 1 September 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 Extraordinary Council Meeting held on 1 September 2015.

4 Notices of Motion/Notices of Rescission

Nil

5 General Reports

5.1 Statement of Investments - August 2015

TRIM Reference: 2015/2327

RESOLVED - 15/401 Cr K Duffy/Cr S Munro

1 That Council receives the Statement of Investments as at 31 August 2015.

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

5.2 Recommendations and Resolutions from Policy Committees

TRIM Reference: 2015/2315

RESOLVED - 15/402 Cr J Hamling/Cr S Munro

1 That the resolutions made by the Sustainable Development Committee at its meeting held on 1 September 2015 be noted.

2 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 1 September 2015 be noted.

3 That the resolutions made by the Services Policy Committee at its meeting held on 1 September 2015 be noted.

4 That the resolutions made by the Environment and Economic Development Committee at its meeting held on 1 September 2015 be noted.

5 That the resolutions made by the Finance Policy Committee at its meeting held on 1 September 2015 be noted.

5.3 Outstanding Questions Taken on Notice

TRIM Reference: 2015/2321

RESOLVED - 15/403 Cr K Duffy/Cr S Munro

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

QUESTIONS TAKEN ON NOTICE

Cr Gander requested the ‘no stopping’ signage be reviewed, in front of Bletchington School adjacent to the previous location of the pedestrian crossing.

Cr Hamling requested Council review the weekend frequency of waste collection and cleaning of BBQs at the Adventure Playground.

Cr Hamling requested letters of congratulations be sent to Orange football clubs for the success of many Orange teams in various football codes particularly acknowledging the efforts of volunteers.

Cr Kidd requested a letter of appreciation be forwarded to Council staff on the condition of Wade Park.

MATTER ARISING

RESOLVED - 15/404 Cr R Kidd/Cr J Hamling

That a report be presented to Council on the current condition of the Adventure Playground and the works required to ensure the playground is safe and functioning correctly.

5.4 Request for Financial Assistance

TRIM Reference: 2015/2281

RESOLVED - 15/405 Cr N Jones/Cr R Gander

1 That Council approve the donation request of $4,294 to No Limit Management Event, and $1,000 to CSU SEGRA conference as exhibited.

2 That Council approve the request from the Orange & District Softball Association – Disability Program for merchandise, which can be drawn from Council stock.

3 That Council defer a decision on the request from Orange Local Ability Links Program and seek further information.

4 That Council fund the approved donation request for the Orange Regional Museum Trust of $725 from the Major Promotions Budget.

5.5 Strategic Policy Review

TRIM Reference: 2015/2249

RESOLVED - 15/406 Cr K Duffy/Cr R Gander

That the following Strategic Policies be placed on public exhibition:

· ST019 - Councillors Access to Information and their Interaction with Staff

· ST020 – Councillors – Payment of Expenses and Provision of Facilities

· ST021 - Customer Service Obligation

· ST039 - Gifts and Benefits, Procedures, Political Donations and Gifts Procedure

· ST050 - Code of Meeting Practice

· ST052 - Road Naming

· Statement of Business Ethics.

5.6 Christmas/New Year Recess

TRIM Reference: 2015/2268

RESOLVED - 15/407 Cr J Hamling/Cr S Munro

1 That Council approves the Christmas close down from Friday 25 December 2015 to Friday 1 January 2016 (inclusive).

2 That Council advertise that no meetings of Council or Policy Committees will be held in January 2016.

3 That during the period from 24 December 2015 to 31 January 2016, Council delegate its function to determine development applications and planning matters, with the exception of matters that cannot be delegated under the Local Government Act 1993 or the Environmental Planning and Assessment Act 1979, in circumstances where it is unreasonable to defer consideration of the matter, to the Mayor, Chairperson of the Planning and Development Committee, and the General Manager (so that the General Manager and either the Mayor OR the Chairperson of the Planning and Development Committee, are available to determine matters).

5.7 Councillor Briefings - Update

TRIM Reference: 2015/2368

RESOLVED - 15/408 Cr J Hamling/Cr S Munro

That Council:

1 Note the information provided on the mining exploration activities.

2 Continue its involvement in the crime prevention activities across the Council area and consider the opportunities for enhanced coordination across multiple agencies.

5.8 Murrary Darling Medical School

TRIM Reference: 2015/2369

RESOLVED - 15/409 Cr R Gander/Cr S Munro

That Council acknowledge its support for the Murray Darling Medical School and write to the Federal Government seeking funding and program support for the initiative.

6 Closed Meeting

In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the Acting 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 Acting General Manager advised that no written submissions had been received relating to any item listed for consideration by the Closed Meeting of Council.

The 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.

RESOLVED - 15/410 Cr J Hamling/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 2015 Third Quarter Water/Sewerage Charges - 68-72 Bathurst Road Orange

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (b) the personal hardship of any resident or ratepayer.

6.2 Tender for Structural Repairs to Robertson Park Channel

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

6.3 Land Sale - Narrambla

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

6.4 Land Sale - Colliers Avenue

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

6.5 Heads of Agreement - Lease of Land Adjacent to Orange Airport

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 7.35PM

THE DEPUTY MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.50PM

7 Resolutions from Closed Meeting

The Manager Administration and Governance read out the following resolutions made in the Closed Meeting of Council.

6.1 2015 Third Quarter Water/Sewerage Charges - 68-72 Bathurst Road Orange

TRIM Reference: 2015/2187

RESOLVED - 15/411 Cr K Duffy/Cr S Munro

1 That the 2015 third quarter water consumption charge for 68-72 Bathurst Road Orange of $3,027.98 be reduced to $92.92.

2 That the 2015 third quarter sewerage charge for 68-72 Bathurst Road Orange of $2,876.58 be reduced to $88.27 and the trade waste charge of $2,119.59 be reduced to $65.04.

6.2 Tender for Structural Repairs to Robertson Park Channel

TRIM Reference: 2015/2331

RESOLVED - 15/412 Cr K Duffy/Cr S Munro

1 That Council award the contract for the Structural Repairs to Robertson Park to Forefront Services as per their alternate tender for a lump sum price of $200,002 including GST.

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

Division of Voting
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 A Brown
Voted Against	Nil
Absent	Cr J Davis (Mayor), Cr R Turner, Cr J Whitton

6.5 Heads of Agreement - Lease of Land Adjacent to Orange Airport

TRIM Reference: 2015/2252

RESOLVED - 15/413 Cr S Munro/Cr K Duffy

1 That Council accept the terms of the Heads of Agreement for the lease of land at the Orange Airport as set out in this report.

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

Cr G Taylor chaired the meeting for Item 6.3 and 6.4

6.3 Land Sale - Narrambla

TRIM Reference: 2015/2336

Cr C Gryllis declared a pecuniary interest in Item 6.3 as a Real Estate Agent acting in the area, left the Chamber, and did not participate in the voting or debate on this item.

RESOLVED - 15/414 Cr J Hamling/Cr R Gander

That Council sell Lot 98 DP1180866, known as 26 Colliers Avenue, for $93.50 per m² (inclusive of GST) and the proceeds be applied to the land development reserve.

6.4 Land Sale - Colliers Avenue

TRIM Reference: 2015/2338

Cr C Gryllis declared a pecuniary interest in Item 6.4 as a Real Estate Agent acting in the area, left the Chamber, and did not participate in the voting or debate on this item.

RESOLVED - 15/415 Cr K Duffy/Cr A Brown

That Council sell the land Lot 93 DP 1180866, known as 27-29 Colliers Avenue, for $110 per m² (inclusive of GST) and proceeds be applied to the land development reserve.

The Meeting Closed at 7.52pm

This is Page Number 8 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 15 September 2015.

Council Meeting 6 October 2015

5.2 Robertson Park Toilets - Proposal to Co-locate with CWA Hall

TRIM REFERENCE: 2015/2490

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

EXECUTIVE Summary

This report provides Council with options to co-locate a new amenities block with the Country Women’s Association (CWA) Hall in Robertson Park. Council’s agreement to this proposal is sought, and if obtained, options for design are presented for determination.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “5.1 Our Community – Identify changing community aspirations and undertake community engagement and planning for the creation of open spaces, recreational facilities and services, recognising the special needs of older people and those with disabilities”.

Financial Implications

This project is currently not budgeted. If Council chooses to proceed, funds will be identified at the next quarterly budget review.

Policy and Governance Implications

Nil

Recommendation

1 That Council determine if the new amenities block in Robertson Park is to be co-located with the Country Women’s Association Hall.

2 That Council, if it resolves to proceed with the co-location, determines either option 1 or option 2 as set out in this report, to progress to the detailed design stage.

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	No public amenity is available in Robertson Park.
Image and Reputation	Council has received criticism in relation to the lack of public amenities in Robertson Park, particularly at times of major events held in the Park.

SUPPORTING INFORMATION

The discussion relating to the construction of an amenity block in Robertson Park has been an ongoing process. In December 2014 Council resolved:

RESOLVED – 14/1053 Cr N Jones/Cr R Turner

That Council defer development application DA 295/2014(1) for Recreation Area (amenities facility) at Lot 702 DP 1002273 - Robertson Park - 269-279 Summer Street, Orange pending further investigation of alternate locations (including the CWA Hall).

Discussions were held with the Country Women’s Association (CWA), requesting the Association reconsider the co-location of new amenities facility with the CWA Hall to which they agreed to this request. The CWA have now agreed that there is a possibility for co-location pending designs and impacts on the Hall.

Council called for quotations from an experienced designer to develop a concept design for the demolition and rebuild of existing amenities block at the CWA Hall.

In engaging with the designer, it was requested that the concept design should include three external public use toilets, three to four internal only use toilets and the option for access from the CWA rooms to the external toilets if required.

After appropriate consultation with CWA representatives and the architect, two design options have been received and an overview of each option outlined below.

Option 1

The design of option 1 will deliver a facility which will include two general cubicles and one cubicle for people with a disability which can be accessed from within the building, and public toilets which would include two general cubicles and one cubicle for people with disability.

The design would also see the addition of a new mothers room, kitchen and secure courtyard which would complement the façade of the building.

Option 1 will also deliver the following outcomes:

· Resolve the issue of the need for disability access to building. In its current form there is no disabled access to the building and/or toilet facilities.

· Allows the mothers/meeting room to open out onto the fenced courtyard which provides an enclosed safe and secure area within the park.

· Includes the upgrade of the kitchen and mothers room which will assist hirers of the Hall by providing modern and up to date facilities benefiting numerous community groups especially during significant events such as Orange Food Week and Anzac Day.

· Will result in increased hiring of the building and will be seen as an added community benefit.

· Sees the addition of a private courtyard with a surrounding fence reducing the opportunity of vandalism which historically occurs in concealed spaces.

· An enclosed courtyard will also allow the responsible service of alcohol to take place, which again will increase the use of the building and will also enforce greater controls around this area especially during the times of festivals and functions.

In addition Option 1 allows the CWA building and amenities block to be seen as a holistic building whilst consolidating social infrastructure, avoiding a fragmented design and providing a clean integration with the CWA Building.

The cost estimate to proceed to appropriate design to development application stage is:

Architectural fee for DA/CC Drawings	$15,000
Structural fee for construction drawings	$920
	$15,920

It is estimated that the total construction cost for Option 1 would be in the vicinity of $228,000 which includes new building works based on square metre rates and external works. It should be noted that this estimation is based on a square metre rate which is higher because of the amount of wet area to be constructed and a contingency of 20%.

Option 2

Option 2 provides an upgrade to the existing amenities within the CWA building, without making any structural modification to the current CWA Building and existing layout. In particular, the mother’s room and the kitchen will remain in their current state.

Similarly to Option 1, Option 2 also sees an addition of a secured CWA courtyard in front of the mother’s room with the amenities structure being a separate structure located next to this courtyard area.

This amenities block will provide three external use cubicles and one cubicle for people with a disability. The courtyard also provides access to the amenities area via the CWA secure courtyard if required.

Option 2 provides the following outcomes:

· Permits the addition of toilet facilities for people with disabilities.

· Allows the mother’s/meeting room to open out onto an enclosed safe and secure area within the park.

· The upgrade will increase the function/hire of the building and will be seen as an added community benefit.

· The enclosed courtyard will also allow the responsible service of alcohol to take place, which again will increase the use of the building and will also enforce greater controls around this area especially during the times of festival and functions.

The cost estimate to proceed to appropriate design to development application stage:

Architectural fee for DA/CC Drawings	$9,000
Structural fee for construction drawings	$690
	$9,690

The estimated total for construction cost for Option 2 is $95,000, again based on square metre rates that being marginally higher due to the large amount of wet area incorporated into construction and a contingency of 20%.

Consultation regarding the two options took place with Orange CWA representatives and after consideration and discussion with their Executive Officer it was agreed in principle to support both options, however the CWA had a strong preference for Option 1 as their preferred option for the co-location of the amenities block in terms of amenity and access to the Hall and rooms.

In selecting the final option, the CWA Central Western Group and the State CWA Executive noted there remains a requirement for approve any major works prior to the lodgement of a development application.

Attachments

1 Option 1 - Co-location of amenities with CWA Building, D15/36067 ⇩

2 Option 2 - Co-location of amenities with CWA Building, D15/36068 ⇩

3 CWA - Advice received regarding co-location of CWA Hall with Robertson Park Amenities Building, IC15/14172 ⇩

Council Meeting 6 October 2015

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

6.1 Sporting Facilities at Sir Jack Brabham Park - Tender

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 Showground Pavilion - Tender Outcome

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

6.3 Tender for Concrete Civil Works

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

6.4 Contracts for Linemarking Services

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

6.5 CENTROC Contract for Condition Assessment of Sewer and Stormwater Mains Using CCTV

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.

6.6 CENTROC Contract for Condition Assessment of Sewer Service Lines Using Smoke Testing

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.

6.7 Contractor - Shiralee Urban Release Area Water and Sewer Infrastructure

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.

6.8 Lease - Clover Hill Function Centre

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.

6.9 Orange City Council Lease to Orange Helicopters Pty Ltd

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.