ORANGE CITY COUNCIL
Ordinary Council Meeting
Agenda
20 October 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, 20 October 2015 commencing at 7.00pm.
Garry Styles
General Manager
For apologies please contact Michelle Catlin on 6393 8246.
Council Meeting 20 October 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
1.3 Acknowledgement of Country
3 Confirmation of Minutes of Previous Meeting
3.1 Minutes of the Ordinary Meeting of Orange City Council held on 06 October 2015
4 Notices of Motion/Notices of Rescission
4.1 Support for Regional News Services by Cr Gryllis
4.2 Community Use - NSW Lands Office by Cr Jones
4.3 Rail-Coach-Local Bus Interchange by Cr Jones
5.1 Statement of Investments - September 2015
5.2 Recommendations and Resolutions from Policy Committees.
5.3 Outstanding Questions Taken on Notice
5.4 Request For Financial Assistance
5.5 Exhibition of Local and Regional Artists
5.7 Classification of Land - 230 Phillip Street
5.8 Lords Place Line-Marked Parking Spaces
5.9 Proposed Accelerated Roads Programme (Under Separate Cover)
1.1 Apologies and Leave of Absence
1.3 Acknowledgement of Country
I would like to acknowledge the Wiradjuri people who are the Traditional Custodians of the Land. I would also like to pay respect to the Elders both past and present of the Wiradjuri Nation and extend that respect to other Aboriginal Australians who are present.
The provisions of Chapter 14 of the Local Government Act, 1993 (the Act) regulate the way in which Councillors and designated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public role.
The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest must be disclosed as soon as practicable after the start of the meeting and the reasons given for declaring such interest.
As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussion or voting on that matter, and requires that member to vacate the Chamber.
Council’s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code of Conduct also provides for a number of ways in which a member may manage non pecuniary conflicts of interest.
Recommendation It is recommended that Councillors now disclose any conflicts of interest in matters under consideration by the Council at this meeting. |
3 Confirmation of Minutes of Previous Meeting
RECOMMENDATION That the Minutes of the Ordinary Meeting of Orange City Council held on 6 October 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 6 October 2015. |
Attachments
1 Minutes of the Ordinary Meeting of Orange City Council held on 6 October 2015
ORANGE CITY COUNCIL
MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 6 October 2015
COMMENCING AT 7.00pm
1 Introduction
Attendance
Cr J Davis OAM (Mayor), Cr C Gryllis (Deputy Mayor), Cr A Brown, Cr K Duffy, Cr R Gander, Cr J Hamling, Cr N Jones, Cr S Munro, Cr G Taylor (7.08pm), Cr J Whitton
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, Manager Financial Services, Works Manager
1.1 APOLOGIES
RESOLVED - 15/416 Cr J Hamling/Cr C Gryllis That the apologies be accepted from Cr R Kidd and Cr R Turner and leave of absence granted for the Council Meeting of Orange City Council on 6 October 2015. |
1.2 ACKNOWLEDGEMENT OF COUNTRY
1.3 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
PDC Item 2.2 Amendments to Orange Development Control Plan and Shiralee Development Control Plan
Cr A Brown declared a pecuniary interest in Item 2.2 as a Real Estate Agent selling land in the area.
PDC Item 2.3 Orange Local Environmental Plan 2011 – Amendment 4 Shiralee Post Exhibition
Cr A Brown declared a pecuniary interest in Item 2.3 as a Real Estate Agent selling land in the area.
FPC Item 3.3 Request for Financial Assistance from TEDxOrange
Cr A Brown declared a significant non-pecuniary interest in Item 3.3 – TEDxOrange due to financial dealings with the organisers.
FPC Item 3.4 Request for Financial Assistance – New Years Eve Party Under the Stars 2015
Cr A Brown declared a significant non-pecuniary interest in Item 3.4 – New Years Eve Party Under the Stars 2015 due to financial dealings with the organisers.
FPC Item 3.5 Request for Interest Free Loan – Orange Theatre Company
Cr A Brown declared a significant non-pecuniary interest in Item 3.5 as a Board Member of the Orange Theatre Company.
EEDPC Item 2.2 Minutes of the Orange Health Liaison Committee – 21 September 2015
Cr J Whitton declared a less than significant non-pecuniary interest in item 2.2 as he has family employed by Orange Health Service.
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.05PM
**Cr Taylor arrived at the meeting at 7.08pm**
Presentation of Financial Statements by Auditor John O’Malley
Council noted the strong financial results for 2014/15 and congratulated the Finance team for their efforts in assisting the Auditor.
FPC Item 3.3 Request for Financial Assistance from Rotary Club of Orange – Daybreak
Alison Bennett
Ms Bennett sought Council’s support of the application for funding from the Wellness Summit.
FPC Item 3.3 Request for Financial Assistance from TEDxOrange
Sonya Muir and Kyle Manning
The speakers sought Council’s support of the TEDxOrange funding application.
FPC Item 3.5 Request for Interest Free Loan – Orange Theatre Company
Scott Halls
Mr Halls sought Council’s support of the Orange Theatre Company’s request for an interest free loan.
Presentation by Prof David Perkins and Mr Trevor Hazell – Centre for Rural and Remote Mental Health
The speakers outlined the “Act, Belong, Commit” Program being undertaken at the Centre for Rural and Remote Mental Health.
THE OPEN FORUM CONCLUDED AT 7.50PM
RESOLVED - 15/417 Cr R Gander/Cr S Munro That Council note the tabling of the Register of Disclosures by Councillors and Designated Persons.
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2 Mayoral Minutes
Nil
3 Confirmation of Minutes of Previous Meeting
RESOLVED - 15/418 Cr C Gryllis/Cr S Munro That the Minutes of the Ordinary Meeting of Orange City Council held on 15 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 15 September 2015.
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THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.53PM
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 10.00PM
4 Notices of Motion/Notices of Rescission
Nil
5 General Reports
5.1 Presentation of the 2015 Financial Statements TRIM Reference: 2015/2337 |
RESOLVED - 15/466 Cr J Whitton/Cr S Munro That the Audited Financial Statements and Auditors’ report for the 2015 financial year be acknowledged.
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5.2 Robertson Park Toilets - Proposal to Co-locate with CWA Hall TRIM Reference: 2015/2490 |
RESOLVED - 15/467 Cr S Munro/Cr C Gryllis 1 That Council co-locate the new amenities block in Robertson Park with the Country Women’s Association Hall. 2 That Council proceed with option 1 as set out in this report to progress to the detailed design stage.
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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 Mayor, the General Manager advised that no written submissions had been received relating to any item listed for consideration by the Closed Meeting of Council.
The Mayor extended an invitation to any member of the public present at the meeting to make a presentation to the Council as to whether the meeting should be closed for a particular item.
RESOLVED - 15/468 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 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. |
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE CLOSED MEETING AT 10.05PM.
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 10.18PM
7 Resolutions from Closed Meeting
The General Manager read out the following resolutions made in the Closed Meeting of Council.
6.1 Sporting Facilities at Sir Jack Brabham Park - Tender TRIM Reference: 2015/2497 |
RESOLVED - 15/469 Cr J Whitton/Cr S Munro 1 That Council declines to accept any of the tenders in relation to the design and construction of sporting facilities at Sir Jack Brabham Park. 2 That Council cancels the proposal to contract for the works contemplated in the tender. 3 That Council enter into negotiations with prospective suitable organisation(s) to create a solution(s) that reflects the intent of the original tender that is most advantageous to Council for the construction of sporting facilities at Sir Jack Brabham Park. 4 That the General Manager be authorised to negotiate the terms of a contract to reflect the intent of recommendation 3 above. 5 That Council project manages the construction of sporting facilities at Sir Jack Brabham Park.
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Division of Voting |
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Voted For |
Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr N Jones, Cr S Munro, Cr G Taylor, Cr J Whitton, Cr A Brown |
Voted Against |
Nil |
Absent |
Cr R Kidd, Cr R Turner |
6.2 Showground Pavilion - Tender Outcome TRIM Reference: 2015/2498 |
RESOLVED - 15/470 Cr S Munro/Cr J Hamling 1 That Council declines to accept any of the tenders in relation to the construction of the Showground Pavilion. 2 That Council cancels the proposal to contract the Showground Pavilion contemplated in the tender. 3 That Council enter into negotiations with prospective suitable organisation(s) to create a solution(s) that reflects the intent of the original tender that is most advantageous to Council for the construction of the Showground Pavilion. 4 That the General Manager be authorised to negotiate the terms of a contract to reflect the intent of recommendation 3 above.
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Division of Voting |
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Voted For |
Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr N Jones, Cr S Munro, Cr G Taylor, Cr J Whitton, Cr A Brown |
Voted Against |
Nil |
Absent |
Cr R Kidd, Cr R Turner |
6.3 Tender for Concrete Civil Works TRIM Reference: 2015/2236 |
RESOLVED - 15/471 Cr J Hamling/Cr S Munro 1 That the contract for Concrete Civil Works be awarded as a panel contract to M & H Foley Concreting, Orange Concreting Services, J M Concreting and GR Spurr Concreting Pty Ltd for the period up to 30 June 2017. 2 That permission be granted to use the Council Seal on all relevant documents.
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Division of Voting |
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Voted For |
Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr N Jones, Cr S Munro, Cr G Taylor, Cr J Whitton, Cr A Brown |
Voted Against |
Nil |
Absent |
Cr R Kidd, Cr R Turner |
6.4 Contracts for Linemarking Services TRIM Reference: 2015/2447 |
RESOLVED - 15/472 Cr R Gander/Cr J Hamling 1 That Council enter into contracts for linemarking services with Avante Linemarking, Central West Linemarking, Complete Linemarking Services and Workforce Road Services for the two year period to 30 September 2017, with an option for a 12 month extension. 2 That permission be granted to use the Council Seal on all relevant documents.
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Division of Voting |
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Voted For |
Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr N Jones, Cr S Munro, Cr G Taylor, Cr J Whitton, Cr A Brown |
Voted Against |
Nil |
Absent |
Cr R Kidd, Cr R Turner |
6.5 CENTROC Contract for Condition Assessment of Sewer and Stormwater Mains Using CCTV TRIM Reference: 2015/2463 |
RESOLVED - 15/473 Cr S Munro/Cr C Gryllis 1 That Council accept a Schedule of Rates contract with Sewer Services for the Condition Assessment of Sewer and Stormwater Mains using CCTV Inspection Techniques for a period of three years from 1 July 2015 to 30 June 2018. 2 That permission be granted for the use of the Council Seal on any relevant document.
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Division of Voting |
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Voted For |
Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr N Jones, Cr S Munro, Cr G Taylor, Cr J Whitton, Cr A Brown |
Voted Against |
Nil |
Absent |
Cr R Kidd, Cr R Turner |
6.6 CENTROC Contract for Condition Assessment of Sewer Service Lines Using Smoke Testing TRIM Reference: 2015/2464 |
RESOLVED - 15/474 Cr J Whitton/Cr S Munro 1 That Council accept a Schedule of Rates contract with ADS Environmental Services and All About Pipes for the Condition Assessment of Sewer Service Lines using Smoke Testing for a period of three years from 1 July 2015 to 30 June 2018 with contractor selection based on the availability to undertake work within required timeframes and deadlines. 2 That permission be granted for the use of the Council Seal on any relevant document.
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Division of Voting |
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Voted For |
Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr N Jones, Cr S Munro, Cr G Taylor, Cr J Whitton, Cr A Brown |
Voted Against |
Nil |
Absent |
Cr R Kidd, Cr R Turner |
6.7 Contractor - Shiralee Urban Release Area Water and Sewer Infrastructure TRIM Reference: 2015/2537 |
RESOLVED - 15/475 Cr S Munro/Cr R Gander That the information provided in the report on Contractor – Shiralee Urban Release Area Water and Sewer Infrastructure be acknowledged.
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6.8 Lease - Clover Hill Function Centre TRIM Reference: 2015/2527 |
RESOLVED - 15/476 Cr J Hamling/Cr S Munro That Council temporarily vary the lease for the Clover Hill Function Centre as outlined in this report.
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6.9 Orange City Council Lease to Orange Helicopters Pty Ltd TRIM Reference: 2015/2508 |
RESOLVED - 15/477 Cr J Whitton/Cr S Munro 1 That Council enter into a lease with Orange Helicopters Pty Ltd for land at Orange Airport. 2 That permission be granted for the use of the Council Seal on necessary documents.
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The Meeting Closed at 10.23pm
This is Page Number 11 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 6 October 2015.
4 Notices of Motion/Notices of Rescission
TRIM REFERENCE: 2015/2561
I, CR Chris Gryllis wish to move the following Notice of Motion at the Council Meeting of 20 October 2015:
That Orange City Council writes to Prime Minister The Hon Malcolm Turnbull, Minister for Communications Senator The Hon Mitch Fifield and Member for Calare The Hon John Cobb MP backing media reform that gives greater support to regional news services. |
Background
Save Our Voices is a campaign launched by Australia’s four independent regional broadcast networks - Prime, WIN, Southern Cross Austereo and Imparja. The following has been taken from the Save Our Voices website:
“Over the past 15 years television newsrooms have been closed in Griffith, the Gold Coast, Newcastle, Wollongong, Canberra, Orange, Wagga Wagga, Mildura and Albury and news services and local coverage scaled back in Bendigo, Ballarat, Gippsland, Mt Gambier, Albany, Bunbury, Geraldton and Broome.
Further closures are inevitable unless there is a change in Government policy. This campaign hopes to bring about change so that the voices of regional Australia are protected with a range of strong regional media services to ensure coverage of important news, current affairs and community information.
The Broadcasting Services Act restricts the number of types of media any one media company can own in a licence area (i.e. TV, radio, newspaper) and the number of Australians each television network is allowed to reach.
But it doesn’t account for the internet, or the fact that big city TV networks, internet news services, and Pay TV now reach 100% of the Australian population via smartphones, tablets, live streaming services and catch-up TV.
The Broadcasting Services Act was passed in 1992 and was designed for a world that simply no longer exists. Back then we had only a few local TV and radio stations and small newspapers servicing each major region.
Today, every internet news service, the big city TV and radio networks, pay TV and countless other services stream their content into our markets. However, only the regional broadcasters are subjected to restrictions about what can be broadcast in regional areas. The rest do so unrestricted and without paying a licence fee.
These rules were designed to ensure regional media markets were not monopolised by any one company, back in 1992, at a time when there were only a few TV stations, radio broadcasters and local newspapers servicing each major region. These days, regional media markets are full of competition, as regional Australians use online channels to access news, big city TV and radio, and Pay TV, which can be streamed across Australia unrestricted.”
Save Our Voices is asking the Government to amend two sections of the Broadcasting Services Act 1992:
The ‘2 out of 3 rule’ that prevents mergers that involve more than two of three regulated media platforms (commercial television, commercial radio, and associated newspapers) in any commercial broadcast license area.
The ’75 percent reach’ rule that prevents individuals or companies from controlling a total license area that exceeds 75% of the Australian population – capital city networks already reach much more than 75% of the population
Signed Cr Chris Gryllis
STAFF COMMENT
The Federal Government had proposed making changes similar to that proposed by Save Our Voices however when The Hon Tony Abbott was Prime Minister, media reform was taken off the agenda.
With the former Minster for Communications The Hon Malcolm Turnbull now Prime Minister, the reform process may be revisited.
In recent media coverage the new Communications Minister The Hon Mitch Fifield was quoted as saying current media rules were outdated in an age when the internet had opened new avenues with audiences.
Senator Fifield told The Australian he would push for reform but would seek industry support before outlining any planned policy changes.
TRIM REFERENCE: 2015/2668
I, CR Neil Jones wish to move the following Notice of Motion at the Council Meeting of 20 October 2015:
That Orange City Council prepare a proposal for community use of the NSW Lands Office in Kite Street should the NSW Government decide at some time in the future to relocate current services, thereby leaving the building vacant. |
Background
The Lands Office in Kite Street currently offers greatly reduced services from this building. If the NSW Government decides to relocate remaining services and vacate the building, Orange City Council should identify potential community uses of the building in readiness to make a submission to the NSW Government. This matter was raised with Member for Orange Andrew Gee during the recent meeting with Councillors, where Mr Gee advised that it was appropriate for Council to prepare a proposal. He stated that as far as he was aware, there was no decision to vacate the building in the immediate future.
The Lands Office is a heritage building centrally located within the Central Business District which could be used by a variety of community organisations and services.
Signed Cr Neil Jones
TRIM REFERENCE: 2015/2669
I, CR Neil Jones wish to move the following Notice of Motion at the Council Meeting of 20 October 2015:
That Orange City Council seek a meeting with Member for Orange Andrew Gee and NSW Trains to investigate the opportunity to expand the previously announced upgrade of the Orange Railway Station Coach waiting area, to embrace the concept of a rail-coach-local bus interchange. |
Background
In order to better serve the needs of passengers seeking access to, and transfers between transport services, it is proposed that better parking facilities for coaches and local buses could be provided as well as improved passenger comfort and protection for those waiting for coach and bus connections and/or better access to the existing Railway Station waiting room. It is envisaged that local buses could converge at the Railway Station making cross-city bus transfers easier, and also providing better linkages to buses servicing the Orange Hospital. Depending on the outcome of such a meeting, discussions would need to be held with Orange Buslines to further explore possible improvements to connecting services.
Signed Cr Neil Jones
TRIM REFERENCE: 2015/2619
AUTHOR: Brock Gannon, Financial Accounting Officer
EXECUTIVE Summary
The purpose of this report is to provide a statement of Council’s investments held as at 30 September 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
Nil
1 That Council receives the Statement of Investments as at 30 September 2015. 2 That Council 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 30 September 2015, the investments held by Council totalled $120,803,927.93 and is attributed to the following funds.
|
30/09/2015 |
31/08/2015 |
General Fund |
53,845,005.28 |
51,088,619.93 |
Sewer Local Fund |
33,068,449.85 |
32,789,122.07 |
Water Supply Local Fund |
31,761,986.14 |
33,986,067.05 |
Orange CBD Special Rate |
2,128,486.66 |
2,011,893.99 |
120,803,927.93 |
119,875,703.04 |
A reconciliation of Council’s investment portfolio provides a summary of the purposes for which Council’s investments are being held.
Externally Restricted |
30/09/2015 |
31/08/2015 |
General Fund |
22,965,190.72 |
22,965,190.72 |
Water Fund |
31,761,986.14 |
33,986,067.05 |
Sewer Fund |
33,068,449.85 |
32,789,122.07 |
CBD Fund |
2,128,486.66 |
2,011,893.99 |
Auspiced |
1,409,738.30 |
1,409,738.30 |
Internally Restricted |
14,930,187.44 |
14,930,187.44 |
Unrestricted |
14,539,888.82 |
11,783,503.47 |
120,803,927.93 |
119,875,703.04 |
Portfolio Performance
Council’s current Long Term Financial Plan establishes the benchmark for Council’s interest on investments at “75 basis points above the current cash rate”. The cash rate as at 30 September 2015 remained at 2.00%. The annualised average interest rate of Council’s investment portfolio at the same reporting date was 3.50% (weighted average 3.38%) which continues to exceed Council’s benchmark i.e. the cash rate of 2.00% plus 0.75% (or 75 basis points).
Council has also utilised the AusBond Bank Bill Index to provide a further benchmark focused towards long term investments. As at 30 September 2015, the AusBond rate was 2.16%. The annualised average interest rate of Council’s investment portfolio at the same reporting date was 3.50%.
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
Term to Maturity Allocation |
Maximum |
Holdings |
Capacity |
0 - 3 Months |
100.00% |
12.22% |
87.78% |
3 - 12 Months |
100.00% |
55.63% |
44.37% |
1 - 2 Years |
70.00% |
8.15% |
61.85% |
2 - 5 Years |
50.00% |
24.00% |
26.00% |
5+ Years |
25.00% |
0.00% |
25.00% |
Table 2: Credit Rating Limits
|
Maximum |
Holding |
Capacity |
AAA |
100.00% |
0.00% |
100.00% |
AA |
100.00% |
29.35% |
70.65% |
A |
60.00% |
41.66% |
18.34% |
BBB & NR |
40.00% |
28.99% |
11.01% |
Below BBB |
0.00% |
0.00% |
0.00% |
Certification by Responsible Accounting Officer
I, Aaron Jones, 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: 2015/2623
AUTHOR: Michelle Catlin, Manager Administration and Governance
EXECUTIVE Summary
Council’s Policy Committees (Planning and Development Committee, Employment and Economic Development Policy Committee, Infrastructure Policy Committee, Sport and Recreation Policy Committee, Environmental Sustainability Policy Committee, Finance Policy Committee and Services 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
1 That the resolutions made by the Planning and Development Committee at its meeting held on 6 October 2015 be noted. 2 That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held 6 October 2015 be noted. 3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 6 October 2015 be noted. 4 That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 6 October 2015 be noted. 5 That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 6 October 2015 be noted. 6 That the resolutions made by the Finance Policy Committee at its meeting held on 6 October 2015 be noted. 7 That the resolutions made by the Services Policy Committee at its meeting held on 6 October 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
Planning and Development Committee
At the Planning and Development Committee meeting held on 6 October 2015, all resolutions were made under delegation, and the minutes are presented for noting.
Employment and Economic Development Policy Committee
At the Employment and Economic Development Policy Committee meeting held on 6 October 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 6 October 2015 all resolutions were made under delegation, and the minutes are presented for noting.
Sport and Recreation Policy Committee
At the Sport and Recreation Policy Committee meeting held on 6 October 2015, all resolutions were made under delegation, and the minutes are presented for noting.
Environmental Sustainability Policy Committee
At the Environmental Sustainability Policy Committee meeting held on 6 October 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 6 October 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 6 October 2015 all resolutions were made under delegation, and the minutes are presented for noting.
1 PDC 6 October 2015 Minutes, 2015/2639⇩
2 EEDPC 6 October 2015 Minutes, 2015/2640⇩
3 IPC 6 October 2015 Minutes, 2015/2641⇩
4 SRPC 6 October 2015 Minutes PDF, 2015/2642⇩
5 ESPC 6 October 2015 Minutes, 2015/2643⇩
6 FPC 6 October 2015 Minutes, 2015/2644⇩
7 SPC 6 October 2015 Minutes, 2015/2645⇩
Council Meeting 20 October 2015
5.2 Recommendations and Resolutions from Policy Committees
Attachment 1 PDC 6 October 2015 Minutes
5.2 Recommendations and Resolutions from Policy Committees
Attachment 2 EEDPC 6 October 2015 Minutes
5.2 Recommendations and Resolutions from Policy Committees
Attachment 3 IPC 6 October 2015 Minutes
5.2 Recommendations and Resolutions from Policy Committees
Attachment 4 SRPC 6 October 2015 Minutes PDF
5.2 Recommendations and Resolutions from Policy Committees
Attachment 5 ESPC 6 October 2015 Minutes
5.2 Recommendations and Resolutions from Policy Committees
Attachment 6 FPC 6 October 2015 Minutes
5.2 Recommendations and Resolutions from Policy Committees
Attachment 7 SPC 6 October 2015 Minutes
TRIM REFERENCE: 2015/2624
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
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 20 October 2015
5.3 Outstanding Questions Taken on Notice
Attachment 1 Outstanding Questions Taken on Notice
OUTSTANDING QUESTIONS TAKEN ON NOTICE
COUNCIL MEETINGS
Date of Meeting |
Question |
Responsible Staff Member |
Action |
6 Oct 2015 |
Cr Taylor suggested Council write to local service clubs to ascertain interest in participating in an annual maintenance day for the Adventure Playground. |
Manager City Presentation |
A program of works is being developed for the Adventure Playground which will be communicated to service clubs to seek their support to conduct. Council will also include some works on the surrounds of Emmaville Cottage. Oiling and minor maintenance is scheduled for the first quarter of 2016 in the event that service clubs are unable to assist. |
Cr Gryllis requested information on revenue generated at the Theatre by Orange Theatre Company performances. |
Director Community Recreation and Cultural Services |
Information to be circulated to Councillors. |
|
Cr Gander requested a report on the possibility of providing a cover over the specialised equipment installed at the velodrome for use by the disabled. |
Manager City Presentation |
A report on cost of covering the equipment will be provided to Council when quotes are received. |
|
15 Sept 2015 |
Cr Kidd requested a letter of appreciation be forwarded to Council staff on the condition of Wade Park. |
Executive Support Manager |
A letter of appreciation was provided to relevant staff. |
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. |
Executive Support Manager |
Letters of congratulations have been sent to all relevant Clubs. |
|
Cr Gander requested the ‘no stopping’ signage be reviewed in front of Bletchington School adjacent to the previous location of the pedestrian crossing. |
Commercial and Emergency Services Manager |
Review to be conducted. |
|
1 Sept 2015 |
Cr Jones requested that the placement of sandwich boards on footpaths in the Central Business District be reviewed to ensure these boards are either against the building or at the kerb to ensure a safe clear pedestrian passageway. |
Manager Development Assessments |
A letter has been sent to all businesses in the Central Business District regarding placement of billboards and other material on the footpath. |
Cr Gander requested the parking limits in Edward Street in front of Electrolux be reviewed. |
Commercial Emergency Services Manager |
Parking limits to be reviewed. |
|
Cr Taylor requested the Parking Officers inspect the loading areas in the Anson Street carpark as cars appear to be parking in these areas. |
Manager Development Assessments |
Inspection to be completed. |
|
18 August 2015 |
Cr Taylor requested a report on the leash free area in Riawena Oval. |
Manager Building and Environment |
Information is to be reported to Companion Animals Community Committee Meeting of 19 October 2015 as an operational update. |
Cr Duffy requested information on the current operational status of the RSPCA in Orange. |
Manager Building and Environment |
The RSPCA continue to operate in Orange and are subject to the contract in place with Council. |
|
4 August 2015 |
Cr Kidd requested an update on plans for landscaping the triangle section of land between the Northern Distributor Road and the Mitchell Highway |
Director Technical Services |
Information to be circulated to Councillors. |
7 April 2015 |
Cr Taylor requested a review of Council’s process for determining requests to waive hire fees for the Orange Function Centre, and include a review of costs for making the Centre available. |
Director Community, Recreation and Cultural Services |
Information is currently being collated for consideration by Council. |
17 Mar 2015 |
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. |
2 Sept 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 |
The design of a suitable sound mound has been completed. This project, including landscaping options and ongoing maintenance costs, will be reported to Council for consideration as an initiative for funding. |
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 |
The design of a suitable sound mound has been completed. This project, including landscaping options and ongoing maintenance costs, will be reported to Council for consideration as an initiative for funding. |
TRIM REFERENCE: 2015/2629
AUTHOR: Josie Sanders, Management Accountant
EXECUTIVE Summary
Council is in receipt of requests for financial assistance under section 356 of the Local Government Act 1993. As a result of the Finance Policy Committee Meeting 6 October 2015, Council resolved to donate monies, with a funding source to be identified. This report identifies the funding sources.
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 resolves as per recommendations of this report, the following balances remain in the 2015/16 budget.
Program |
Adopted Budget |
Actual/Committed |
Remaining balance |
General Donations |
108,305 |
108,305* |
Nil |
Major Promotions |
30,900 |
30,519 |
381 |
Sports Participant |
13,900 |
5,450 |
8,450 |
Sports Facility |
50,000 |
50,000 |
Nil |
*NB: Includes 20 x $100 reserved for school prize giving
Policy and Governance Implications
Nil
1 That Council’s contribution to TEDxOrange of $2,500 to be funded from the Major Promotions budget, leaving a remaining balance of $381 for the remainder of 2015/16 financial year. 2 That the waiver of Aquatic Centre fees to ODEEP $280, and Orange Local Ability Links $500, be funded as a reduction to the Aquatic Centre income, as the General Donations budget has been fully expended. 3 That the reduction of Function Centre venue hire fees of $650 to the Rotary Club of Orange – Daybreak, be funded as a reduction to the Function Centre income, as the General Donations budget has been fully expended. |
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.
TRIM REFERENCE: 2015/2726
AUTHOR: Scott Maunder, Director Community, Recreation and Cultural Services
EXECUTIVE Summary
At its meeting of 6 October 2015 the Services Policy Committee resolved:
RESOLVED - 15/464 Cr C Gryllis/Cr J Hamling That a report be presented to the Council meeting on 20 October 2015 advising of the opportunity to host an exhibition of local and regional artists’ work in early 2016.
|
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “8.1 Our Community – Identify changing community aspirations and undertake community engagement and planning for the development of cultural facilities and services, that reflect the interests and aspirations of the broader and culturally diverse community”.
Financial Implications
Nil
Policy and Governance Implications
Nil
1 That Council acknowledge the information contained in the report. 2 That a local artist exhibition be held 11 June to 3 July 2016 in Alan Sisley Gallery. |
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
Council has been requested to host a local art exhibition where Orange artists have the opportunity to exhibit their works in the Orange Regional Gallery.
As previously reported to Council to address the future exhibits for a local artist exhibition commencing in 2017 the Gallery will hold the third version of the 100km Exhibition project and thereafter in January of each year. The 100km Exhibition is open to all artists and schools falling within the 50km radius of Orange. There are no criteria to meet to be exhibited and it encompasses all mediums.
It was recognised that an exhibit was required in 2016. To enable this to occur the exhibition schedule for 2016 was reviewed and a period from the 11 June to 3 July 2016 has been made available in the Alan Sisley Gallery (formerly Gallery one) for the staging of a local art exhibition.
This exhibition will be open only to artists who reside in the 2800 postcode and will not include schools who will be involved in the 100km Exhibition.
The schedule for the Orange Regional Gallery for 2016 and 2017 follows. This now includes the “2800 Local Art Exhibition”.
ALAN SISLEY GALLERY (Former Gallery 1) |
||
1 to 28 February 2016 |
Refurbishment |
|
12 March to 5 June 2016 |
Dogs in Australian Art |
12 weeks |
11 June to 3 July 2016 |
2800 local art exhibition |
3 weeks |
9 July to 28 August 2016 |
Country and Western |
7 weeks |
3 September to 6 November 2016 |
Roy Jackson |
10 weeks |
12 November to 15 January 2017 |
Scanlines |
9 weeks |
21 January to 19 March 2017 |
100 km exhibition |
8 weeks |
25 March to 25 June 2017 |
Trees in Australian Art |
12 weeks |
8 July to 10 September 2017 |
Private Treasure Public Pleasure III |
8 weeks |
17 September to 12 November 2017 |
Mandy Martin |
8 weeks |
18 November to 21 January 2018 |
Bill Viola + off-site |
9 weeks |
GALLERY 2 |
||
1 to 28 February 2016 |
Refurbishment |
|
12 March to 12 June 2016 |
Local artists respond to collection |
13 weeks |
18 June to 28 August 2016 |
Jenny Cuthbert - installation |
10 weeks |
3 September to 16 October 2016 |
Kedumba Award |
6 Weeks |
22 October to 4 December 2016 |
Warwick Keen (NAIDOC) |
6 Weeks |
10 December to 5 February 2017 |
Euan Macleod Prints |
8 weeks |
11 February to 26 March 2017 |
Geoffrey de Groen |
6 weeks |
1 April to 14 May 2017 |
Peter Wilson |
6 weeks |
20 May to 2 July 2017 |
Ros Auld and Claire Primrose |
6 weeks |
8 July to 20 August 2017 |
Wiradjuri focus (NAIDOC - national dates) |
6 weeks |
27 August to 8 October 2017 |
Orange Camera Club |
6 weeks |
14 October to 10 December 2017 |
Kedumba |
8 weeks |
16 December - 11 February 2018 |
Local sculpture |
8 weeks |
GALLERY 3 - UPSTAIRS |
||
1 to 28 February 2016 |
Refurbishment |
|
12 March to 12 June 2016 |
Local artists respond to collection |
13 weeks |
18 June to 31 December 2016 |
Collection highlights |
ongoing |
1 January to 31 December 2017 |
Collection highlights |
ongoing |
FOYER |
||
12 March to 5 June 2016 |
Snapshot: William Wegman (dogs) |
12 weeks |
11 June to 31 December 2016 |
Focus gallery exhibitions x 6 |
ongoing |
1 January to 31 December 2017 |
Focus gallery exhibitions x 12 |
ongoing |
TRIM REFERENCE: 2015/2595
AUTHOR: Kathy Woolley, Director Corporate and Commercial Services
EXECUTIVE Summary
This report seeks Council’s approval to finalise the proposed donation of $30,000 to Mission Australia, for the construction of a purpose built, high quality aged-care facility in Orange, to be known as the Benjamin Short Grove. This funding proposal has been on exhibition, with no submissions received. It is therefore recommended for Council’s approval.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “9.1 Our Community – Undertake community engagement, identify changing community aspirations, undertaken planning, and advocate for the development of facilities and services recognising the need for accessible and integrated community and health services for older people, and services for Aboriginal people, people from culturally diverse backgrounds and people with a disability”.
Financial Implications
The $30,000 donation will be funded from the Jobs Creation Strategy budget.
Policy and Governance Implications
Nil
That Council provide $30,000 to Mission Australia’s Benjamin Short Grove Aged Facility, to be funded from the Jobs Creation Budget. |
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
At its meeting held on 18 August 2015, Council considered a report on Mission Australia’s facility, which will provide 24-hour residential aged care and support for up to 60 vulnerable men and women who are homeless, at risk of homelessness or are financially or socially disadvantaged.
The development application for this project was approved in March 2015, and 17 full-time and 13 part-time jobs have been identified.
Council, on 18 August 2015, resolved:
RESOLVED - 15/345 Cr G Taylor/Cr J Whitton That Council place on public exhibition a donation to Mission Australia’s Benjamin Short Grove Aged Facility of $30,000 to be funded from the Jobs Creation Budget.
|
The public exhibition of this proposed funding concluded on 25 September 2015, and no submissions were received. The donation is recommended for approval.
TRIM REFERENCE: 2015/2628
AUTHOR: Garry Styles, General Manager
EXECUTIVE Summary
This report seeks Council’s consent to correct a staff error in the classification of Council-owned land at 230 Phillip Street. Council resolved in mid-2014 after thorough consideration to zone the land General Industrial however an administrative oversight has failed to achieve Council’s resolution. An unfortunately complicated process is now required to be undertaken, to remove the dedication of this parcel as a Public Reserve to allow the land to be sold.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “11.1 Our Economy – Encourage the growth of local business, support emerging industry sectors and attract new investment to Orange”.
Financial Implications
Nil
Policy and Governance Implications
An amendment to the Orange Local Environmental Plan (LEP) 2011 will be required to resolve this matter.
1 That Council re-classify 230 Phillip Street (Lot 24 DP 1035913) from Operational Land to Community land, in accordance with Section 33 of the Local Government Act 1993 2 That Council prepare an amendment to Orange Local Environmental Plan 2011 to re-classify 230 Phillip Street (Lot 24 DP 1035913) from Community Land to Operational Land, to include the specific provision that on commencement of the Plan the land ceases to be a Public Reserve in accordance with Section 30 the Local Government Act 1993. |
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 parcel of land known as 230 Phillip Street (Lot 24 DP 1035913) came into Council’s ownership by dedication as a Public Reserve in July 2002. At that time, the land was public land classified as community land. The making of the Orange LEP on 24 February 2012 zoned the land RE1 Public Recreation. The land is shown on the plan below (shaded red).
This land is located within the Narrambla Industrial Estate and it became apparent that the land is unable to be reasonably used as a Public Reserve and that it would be better put to use as industrial land. As part of Amendment No 1 of the LEP which came into force on 14 March 2014, the land was rezoned IN1 General Industrial Zone.
The land was reclassified from community to operational land in Amendment No 3 of the LEP (which came into force on 25 July 2014).
At the time of these amendments, the process to remove the Public Reserve restriction on the title of the land should have been undertaken however as an oversight in Amendment No 3 of the LEP this did not occur. This oversight became apparent as part of Council’s negotiations with a purchaser for this land.
Only as part of the re-classification of land from Community land to Operational land can the title restriction “public reserve” be removed from land. This process occurs through the preparation of a Local Environmental Plan as an amendment to the principal LEP (Orange LEP 2011).
The following process is now required to resolve the matter and allow Council to complete the sale of this land.
1 A resolution of Council is required to re-classify the land from Operational to Community land.
2 A further resolution of Council is required to prepare an amendment to Orange LEP 2011 in accordance with Section 30 of the Local Government Act 1993 so as to reclassify the Community Land to Operational Land, and remove the Public Reserve status.
3 Once the above resolutions are made, staff will prepare a planning proposal to reclassify the community land to operational land, and removing the title restriction and dedication of the land as a Public Reserve.
4 The planning proposal is then sent to the Department of Planning and Environment for the Gateway process.
5 Following Gateway Determination, a 28 day public exhibition process would apply, followed by a post exhibition public hearing.
6 Report back to Council
7 Upon adoption by Council, submit to Department of Planning and Environment to seek Governors sign off (required due to the removal of the Public Reserve status).
8 Once the amendment is published, the process is complete and Council can conclude the sale of the land.
Given the lengthy process described above, and the significant inconvenience and difficulty of this matter, particularly for the intended purchaser, staff have thoroughly investigated alternatives however no alternative has been identified.
TRIM REFERENCE: 2015/866
AUTHOR: Allan Renike, Manager Development Assessments
CONSULTATION: Garry Styles, General Manager
EXECUTIVE Summary
The General Manager has been requested by a Councillor to provide advice in relation to the line-marked parking spaces in Lords Place between Summer and Kite Streets.
The line marking was established as a trial to try to cause better parking by users so as to maximise parking efficiency in a high demand area. Since the line marking, there have been numerous examples reported of inefficient parking. Several complaints regarding enforcement have been raised, in some cases complainants have also raised complaints with Councillors. In a small number of cases complaints have consistently been raised by members of Council expressing dissatisfaction with the enforcement and discretion exercised by staff.
In providing an update, it is an opportune time to consider the trial and also other parking initiatives raised in briefing sessions since the trial was implemented.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “15.1 Our Environment – Maintain and renew traffic and transport infrastructure assets and services as specified within the Asset Management Plan at agreed levels of service”.
Financial Implications
If the line-marking were to be removed, it is estimated that the cost of removing the line-marking would be in the order of $1,500.
Policy and Governance Implications
Council has, for quite a number of years, been responsible for the enforcement of parking matters under the delegation of the State Government. Council has responsibilities to manage the provisions of the Road Rules 2014, including the enforcement of offences in relation to parking matters. Authorisation for parking related matters is made under the Road Transport Act 2013 and its associated Road Transport (General) Regulation 2013.
1 That Council remove the line-marking of rear-to-kerb parking spaces in that area of Lords Place between Summer Street and Kite Street, and that the parking be reinstated to 45 degree angle parking. 2 That the costs associated with the removal of the line marking be funded from the existing budget associated with car parking. |
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
A Councillor has requested a report in relation to the line-marked parking spaces in Lords Place between Summer and Kite Streets.
The line-marking in question was installed in around late May 2011.
Council’s resolution was to install the line-marking for a trial period. Council’s resolution also proposed to install line-marking in Anson Street between Summer and Byng Streets, however the line-marking has not been installed in this street, seemingly due to an oversight.
As advised to Council in a briefing held in May 2014, Council’s approach to managing car parking in the City includes a range of measures. Council has purchased vehicle number place recognition technology, and analysis of timed areas is being undertaken with a view to this technology being implemented in 2016. Council staff are also investigating options for sensor technology.
The installation of parking information signage, identifying the number of spaces available in key car parks, is being assessed.
Opportunities for further public car parking areas are being identified, and as discussed at the briefing, Council could consider making the Ophir car park a free parking area to provide additional free spaces within the Central Business District.
Council has not yet considered the trial of the operation of the line-marked parking spaces in Lords Place. Therefore, it is intended to address this issue as well as those raised through the General Manager in this report. The questions raised by the Councillor relate to the enforcement of the marked parking spaces.
ENFORCEMENT/OPERATIONAL ISSUES
Background
Councils in NSW have, for quite a number of years, been responsible for the enforcement of parking matters under the delegation of the State Government. Council has responsibilities to manage this parking function under the provisions of the Road Rules 2014, including the enforcement of offences. Authorisation for parking related matters is made under the Road Transport (General) Regulation 2013. Orange City Council, together with all other councils throughout the State, utilises the State Debt Recovery Office to administer the parking infringement process, including the adjudication of requests for review of the issue of a penalty notice. Council pays a fee of $18.80 per penalty notice for this administration process.
Officers of the NSW Police Service can also enforce parking matters.
The parking spaces in question are parking bays as defined in the Dictionary of the Road Rules. Under Section 211 of the Road Rules 2014, the driver of a vehicle must position the vehicle completely within a single parking bay unless the vehicle is too wide or long to fit completely within the bay.
Since Council’s parking attendants commenced carrying out parking patrols in the line-marked section of Lords Place about 2-3 weeks after the provision of the line-marking, a total of 305 penalty notices have been issued for the offence “Not park wholly within parking bay”. When a penalty notice is issued for this offence, the parking attendant takes photos of the offending vehicle in case the driver questions the issue of the penalty notice or the driver elects to take the matter to Court.
QUESTIONS RAISED THROUGH THE GENERAL MANAGER
Has Council the ability to not enforce the offence for not parking wholly in a parking bay?
Council has received advice from the legal section of State Debt Recovery that it is up to Council whether or not to issue penalty notices for certain offences. The source of power to issue infringements for parking offences is Section 195 of the Road Transport Act 2013, which provides that “an authorised officer may serve a penalty notice” and it was thought that this provision does not place any positive duty on the council to serve penalty notices - it is a permissive power. This provision supports the general proposition that penalty notices are issued at the discretion of Council.
Thus, if Council decided to not issue penalty notices for the subject offence, it would need to formally determine this approach.
Whilst it would appear that this option is available to Council to resolve to implement, it is considered that the fact that Council chooses to enforce one rule and not others could lead to criticism that Council is being inconsistent in the enforcement of parking rules, and could lead to an expectation that Council should not enforce other parking rules.
A risk that people will simply disregard the line-marking in the knowledge arises if they suspect that they will not receive a penalty notice, thus making the policy ineffective. The current situation is that those people who appear to make a genuine attempt to park within the lines (within reasonable limits) are not penalised whilst those that ignore the lines are penalised. It is recommended to Council that in order to address the problems currently associated with the provision of marked parking spaces, that the line marking be removed.
The parking signs in the area in question do not state that vehicles must park wholly in a marked parking bay
There is nothing in the Australian Standard – Manual of Uniform Traffic Control Devices – Parking Controls that shows that such a rule needs to be placed on linear parking control signs for on-street parking. This is typical of a number of parking rules that are contained in the Road Rules. Similarly to traffic rules, drivers are expected to understand the rules that apply, in order to be licensed.
The inconsistent enforcement of the rule in question
Since the time in which the line-marking was installed (the parking attendants did allow an initial 2-3 week grace period) a total of 305 penalty notices have been issued for the offence in question.
It is evident that a lenient view is taken in deciding when to issue a penalty notice. Under the Road Rules, a driver must position a vehicle completely within a marked single bay. Some encroachment into the adjoining bay is allowed which then allows a number of adjoining vehicles to be similarly positioned provided the ability to utilise all the spaces within a defined row is not lost. This, however, must be within a reasonable limit and as evidenced by the photos taken at the time of issue of a penalty notices, the drivers of those vehicles position their vehicle well outside the bay.
Observation of parking in this area of Lords Place since the implementation and during a survey carried for an extended period around 12 months after the line-marking was first implemented, shows that the line marking does not greatly assist drivers when they reverse into those spaces. This is witnessed by a large proportion of vehicles being parked at angles that are not consistent, and sometime in great variance to the line-marking (see photograph below). In effect there has not been a high level of compliance nor a steady improvement in motorists’ parking behaviour.
This, however, raises another problem with providing line-marking for reverse-in angle parking as there may be a different degree of allowance given by each of the parking attendants because this is a subjective decision. It is considered that it would be impossible to have a consistent consideration on this matter between parking attendants as the angle that the vehicle is parked over a line does significantly affect the way it compromises the ability of another driver to park within an adjoining bay.
This then would influence how a parking attendant would act on this matter. It is much easier for the parking attendants to have consistent consideration of parking over the line of a parking bay when the parking is at 90 degrees, such as occurs in the majority of off-street car parks within the City.
These comments are focussed on on-street reverse-in angle parking. This is not to say that line marking in other circumstances is ineffective. In fact, it is essential in some circumstances, particularly off-street parking in order to achieve fairness and efficiency.
REVIEW OF THE TRIAL PERIOD
The line-marking in question was installed and regulatory signs erected in late May 2011. The line-marking was placed at 60 degrees as staff were of the view that this was the angle at which the majority of people park throughout the City, and which provides more spaces in a row.
The car parking spaces in this area of Lords Place have been for many years generally considered to be moderately to significantly busy during normal business hours and totally occupied at night, particularly on Friday and Saturday nights. This was particularly the case when the Australia Cinema was operating. The daytime use of parking in this area has increased in recent times due to the opening of the two discount chemist shops in this area.
One of these chemist shops has recently relocated to premises in Summer Street which resulted in a noticeable decrease in demand for parking in this area until it was recently re-occupied.
Prior to the line-marking being implemented, surveys showed that a total of 36 cars could and did park on the eastern side of Lords Place, and a total of 29 cars could and did park on the western side of that street in the areas that were line-marked. This is a total of 65 spaces, although a plan that was drawn in preparation for the line-marking indicates that 69 car parking spaces existed prior to the line-marking. This number does not include the single car parking spaces for disabled persons and parallel spaces located on both sides of the street.
Following the line-marking, 30 spaces are available on the eastern side of Lords Place and 26 spaces are provided on the western side of that street, exclusive of the spaces for disabled persons.
This represents a loss of nine car parking spaces. This can be attributed to the distance that is available to provide spaces of a consistent line-marked width between driveways, the landscaped blisters adjacent to the roundabout at Kite Street and the tree kerbs around the street trees along Lords Place. The main difference, however, is that prior to the line-marking people tended to park closer together than they currently do, particularly of a night time when parking was in great demand. Whilst there would have been instances where previously a car was parked at a greater distance to the vehicle or obstacle next to it, resulting in a gap that another vehicle could not park in and fewer vehicles being parked than normal, it is considered that this would have happened in the minority of cases and overall people did park close together in this area of Lords Place.
In view of the line-marking being implemented as a trial, a survey was carried out in January 2012 to gauge the effectiveness of the line-marking, particularly as to the level of guidance that the line-marking provided to drivers entering those spaces. The survey did not include the single spaces for disabled persons on each side of the street. The decision to determine whether a vehicle was parked incorrectly was subjective, and the test used was whether a vehicle parked in this manner affected the ability of a driver to enter and park their vehicle in an adjoining space, which normally would warrant the issue of a penalty notice. If a vehicle was parked slightly over the line it was not taken to be parked incorrectly.
The survey showed that the average percentage of vehicles that parked incorrectly in relation to total vehicles parked on the eastern side of the street was 14 and on the western side 18 - a total percentage of 16. The highest percentage of vehicles parked incorrectly in relation to total vehicles parked on the eastern side of the street was 30 and on the western side 38. The lowest percentage of vehicles parked incorrectly in relation to total vehicles parked on the eastern side was 3% and on the western side 0%. Photographs were taken during this survey to record the extreme cases of irregular parking.
Personal experience using a number of different types of vehicles demonstrated that it is difficult to see the lines when reversing. The majority of people who contest the issue of a penalty notice claim that the lines are difficult to see when reversing, or that they were influenced to park in the manner that they did based on the way that the car in the adjoining spaces had parked, such that if the car in the adjoining space had encroached into the space that they were intending to occupy then they in turn encroached into the next adjoining space. It is considered that the majority of people rely upon the position of adjacent vehicles to park when the parking spaces are mostly occupied rather than relying on the line-marking as a guide. Observation during the survey and since showed that vehicles parking in this area park at varying angles, which supports the view that not all drivers rely on the line-marking to park.
From the abovementioned survey and observation carried out by staff and daily observation of the parking attendants when carrying out their patrols, it is the view of staff that the line-marking in this area of Lords Place should be removed.
This opinion is supported by the number of penalty notices that have been issued for the offence of “not park wholly within a parking bay”, as defined in the (State Debt Recovery Office) SDRO Fixed Penalty Handbook. It is considered that is a reflection that the majority of people have difficulty in seeing the lines due to the reverse parking manoeuvre. Principal to this opinion is the loss of the ability to park a further 9 cars in this area where it is generally acknowledged there is at most times, particularly on Friday and Saturday nights, a shortage of parking spaces. A number of persons who have objected to the issue of penalty notices have expressed the same opinions and concerns.
THE IMPACT OF THE STREET TREES AND KERB TREE GUARDS ON PARKING
There are ten trees planted in the road area in the line-marked section of Lords Place. These are surrounded by concrete kerbs. The kerbs were placed at 45 degrees, which was the angle of parking prior to the implementation of the line-marking, which as mentioned above has been placed at 60 degrees. Obviously the tree guards were placed at the current size to give protection to those trees and to provide sufficient permeable surface area to ensure that the trees receive sufficient moisture and the like.
The width of the guards also gives persons sufficient room to easily enter or leave a vehicle without the trees restricting the opening of car doors.
The trees and kerbed guards occupy around the equivalent of seven parking spaces. This estimate would be subject to detailed design.
There has been discussion at previous Council meetings regarding the removal of the concrete kerbs that form the guards. The removal of the kerbed tree guards and retention of trees would possibly result in an increase of only a small number of spaces, due mainly to the spacing between trees, driveways and landscaped blisters near the intersection of roads (however this would need to be the subject of a detailed investigation to establish a true estimate).
An alternative to the existing kerbed tree guards, if it is intended to remove those structures, is the use of vertical bollards or inverted U shaped pipe placed at the road side of the tree, of sufficient width, which would provide sufficient protection to the trees, be visible to drivers and allow additional space for people to enter and exit vehicles. Such structures will allow drivers to park correctly at the angle that applies in this area irrespective of the decision that Council makes regarding the retention of the line marking.
TRIM REFERENCE: 2015/2392
AUTHOR: Wayne Gailey, Manager Works
Under separate cover
6 Closed Meeting – (Nil)
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.