ORANGE CITY COUNCIL

Services Policy Committee

 

Agenda

 

5 July 2016

 

 

Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that a Services Policy Committee meeting of ORANGE CITY COUNCIL will be held in the Council Chamber, Civic Centre, Byng Street, Orange on  Tuesday, 5 July 2016.

 

 

Garry Styles

General Manager

 

For apologies please contact Michelle Catlin on 6393 8246.

    

 


Services Policy Committee                                                                                5 July 2016

Agenda

  

1                Introduction.. 3

1.1            Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests. 3

2                General Reports. 4

2.1            Anson Street Landscape Median. 4

2.2            Disability Services - Transition to the National Disability Insurance Scheme. 32

 


Services Policy Committee                                                                                5 July 2016

1       Introduction

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

The provisions of Chapter 14 of the Local Government Act, 1993 (the Act) regulate the way in which Councillors and designated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public role.

The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest must be disclosed as soon as practicable after the start of the meeting and the reasons given for declaring such interest.

As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussion or voting on that matter, and requires that member to vacate the Chamber.

Council’s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code of Conduct also provides for a number of ways in which a member may manage non pecuniary conflicts of interest.

Recommendation

It is recommended that Committee Members now disclose any conflicts of interest in matters under consideration by the Services Policy Committee at this meeting.

 


Services Policy Committee                                                                                5 July 2016

 

 

2       General Reports

2.1     Anson Street Landscape Median

TRIM REFERENCE:        2016/1385

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

 

 

EXECUTIVE Summary

At its meeting held on 24 May 2016, Council resolved:

 

RESOLVED - 16/001                                                                                 Cr R Kidd/Cr G Taylor

That a report be provided on the Anson Street rose gardens prior to any further work being undertaken.

 

Following this resolution, staff sought advice from an external expert on the treatment of the landscape median in Anson Street between Byng and Kite Streets. This report provides that external advice.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “5.2 Our Community – Maintain and renew recreational spaces and infrastructure assets as specified within the Asset Management Plan at agreed levels of service to optimise community use”.

Financial Implications

Council has been advised that as a council included in the NSW Government’s merger proposals under consideration by the Office of Local Government since referral on 6 January 2016, Council must comply with the merger proposal period guidelines issued under S23A of the Local Government Act 1993.

The guidelines instruct Council it should expend money in accordance with the detailed budget adopted for the purposes of implementing the Delivery/Operational Plan for the 2015/16 year.

Any expenditure outside the adopted budget requires the identification of clear and compelling grounds and must be approved by Council at a meeting that is open to the public. The guidelines indicate the resolution of Council for increased expenditure must specify the reasons why the expenditure is required and warranted.

If increased expenditure is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, Council is required to exhibit the increase to the budget and consider comments received.


 

Council must also avoid entering into contracts or undertakings where expenditure or revenue is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, unless the contract or undertaking is as a result of a decision or procurement process commenced prior to the merger proposal period or where entering into a contract or undertaking is reasonably necessary for the purposes of meeting the ongoing service delivery commitments of the Council or was previously approved in the Council’s Delivery/Operational Plan.

Policy and Governance Implications

Nil

 

Recommendation

1        That the report on the Anson Street landscape median be acknowledged.

2        That Council proceed with either:

   a     the solution proposed for 5 to 10 years as outlined in the report by Outscape – Landscape Architecture for replanting with Nandinas to link with Summer Street, and that this be extended to the section between Summer and Byng Streets

          or

   b     replanting the median strip with roses following remediation of the ground conditions noting significant less than optimal conditions for growing roses in this particular landscape median.

 

 

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

Service delivery to maintain the landscaping contained within the median is as adopted by Council in the Public Open Space Asset Management Plan – Levels of Service.

Image and Reputation

A poorly presented and maintained landscape median reflects on Orange’s image as ‘Australia’s Colour City’

Health and Safety

Safework NSW and the Roads and Maritime Services have legislative requirements with regard to working within the road reserve to ensure the safety and wellbeing of employees and the public. 

SUPPORTING INFORMATION

Outscape – Landscape Architect was engaged to assess the landscape median in Anson Street between Byng and Kite Streets and provide a report to Council. The report was prepared by Catriona Granville and is attached for Council’s information.


 

Key findings

 

1    Roses ‘are not the choice for a busy CBD median strip today.’ With current RMS and Safework legislation access to maintain landscape areas within or adjacent to roads is restrictive. There are associated high costs and disruptions to the community involved with the implementation of appropriate traffic controls to protect workers where demands for high levels of service activities are to occur.

 

2    Even with the appropriate level of resources (staff, equipment and budget), the growing environment available in Anson Street falls well short of meeting the optimum cultural conditions for growing healthy and attractive roses that perform to the expectations of the community with flowering and presentation. A summary of the shortfalls is listed below:

 

·    The median has shallow depth of soil before either bitumen or road base is encountered

·    Each rose has less than the ideal volume of growing media to support a healthy and attractive specimen

·    The median planting does not allow for the incorporation of humus/compost on an annual basis as is required to enrich the soil and provide the necessary nutrients for optimal growth

·    Irrigation is not currently available within the median

·    In the section of Anson Street between Summer and Kite Streets Plane tree roots have invaded the median and compete with roses for nutrients

·    The median is limited to a short duration of full sunlight – affects the vigour of roses

·    The volume of vehicle and pedestrian traffic – leading to damage to rose stems and compaction of growing media.

3    The report includes a paraphrased extract from an authoritative reference book by Valerie Swane; from Australia’s rose growing dynasty, the Swane’s, “Valerie Swane’s Rose Book” on the requirements for growing roses successfully. It notes that if one of the main cultural requirements for growing roses cannot be met, then there is every opportunity to establish a successful rose bush.

Conversely if more than one of the main cultural requirements for growing roses is not met then the success of growing roses that are healthy and vigorous with attractive floral displays is significantly compromised.

The Anson Street median falls short on several of the significant cultural elements required for growing roses:

·    Soil depth and soil volume for each plant

·    Insufficient exposure to full sun – section between Summer and Kite Streets

·    Competition from tree roots

·    Difficulty in incorporating compost on an annual basis

·    Irrigation

·    Roses are a hardy plant and can perform well when one of the optimal growing conditions is absent, but is unable to perform well when more than one element is absent.

Other matters

The report also makes note that the entire street requires a replacement and renewal due not only to the existence of the Plane Trees in the current environment, but also the access to Woolworths car park, poor driver sight lines and poor pedestrian access.

 

The recommendations in the report are cognizant of the need for these works, which Council has previously recognised, and has proposed a solution that will provide a benefit for the medium term of 5-10 years without doubling up on the expense incurred in conducting these works.

 

Staff comment

Councillors have queried maintenance levels in discussing the poor performance of the roses. Councillors should be aware that staff have maintained the roses to a reasonable standard over many years based on professional judgement for the particular level of service historically provided for the specific landscaping as opposed to a premium level of service. This has included the formal interventions of:

·    Spraying of weeds and spot maintenance carried out on:

15/12/2014

09/02/2015

11/03/2015

18/05/2015

01/07/2015

30/09/2015

10/11/2015

21/01/2016

24/03/2016

 

·    Fertilizing of the roses was performed on 01/07/2015

·    The annual pruning of the roses was conducted on 30/07/2015 and was scheduled to be conducted at the same time in 2016.

 

·    Irrigation has not been available since the mid-2000s.  

The matter of staff qualifications and specialisation has also been raised in discussion of this matter. Staff hold the necessary qualifications to conduct their tasks in accordance with their respective position descriptions. Council also has a formal annual staff training program to ensure that staff maintain and increase their high level of acumen and skill. So whilst some staff attained their qualifications 20 years or more ago, the annual training program ensures their skills and knowledge are current.

In addition staff have access to specialists as evidenced in the attached consultant report where additional information is needed.

The Anson Street median, as noted in the above dot points, falls short on several of the significant cultural elements required for growing roses and it is for this reason that the roses have performed poorly.


 

This position has been supported by the independent report attached which also supports the staff view that if a rose variety was selected to refurbish the median be that the existing Hybrid Tea, Floribunda or Carpet varieties the growing conditions fall short in the provision of the aspects mentioned in the list above.

Staff have identified a preferred position to replace the roses with a more suitable plant in the circumstances which has been supported by the consultant. Council has the option to replace with roses if it wishes whilst acknowledging the short falls of the growing environment for roses which may lead to poor performance. Additionally should a change in level of service be required appropriate additional funding ought be identified to meet the new level of service.

The consultant report does not consider the northern section of Anson Street, however it is noted that the environment for growth, whilst not as poor as the section between Kite and Summer Streets, is also sub-optimal. It is the opinion of staff that this section should also be remediated.

It is therefore the recommendation to implement the medium term solution as recommended in the report by Outscape and connect Anson Street visually and cohesively to Summer Street through like planting for the median strip between Kite and Byng Streets.

 

Attachments

1          Statement of Expertise 2016 - CATRIONA GLANVILLE, D16/26864

2          CV 2016 - CATRIONA GLANVILLE, D16/26865

3          Rose planting report - Anson Street Median Strip between Kite Street - Summer Street, IC16/9073

  


Services Policy Committee                                                                                   5 July 2016

2.1                       Anson Street Landscape Median

Attachment 1      Statement of Expertise 2016 - CATRIONA GLANVILLE

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Services Policy Committee                                                                                   5 July 2016

2.1                       Anson Street Landscape Median

Attachment 2      CV 2016 - CATRIONA GLANVILLE

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Services Policy Committee                                                                                   5 July 2016

2.1                       Anson Street Landscape Median

Attachment 3      Rose planting report - Anson Street Median Strip between Kite Street - Summer Street

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Services Policy Committee                                                                                5 July 2016

 

 

2.2     Disability Services - Transition to the National Disability Insurance Scheme

TRIM REFERENCE:        2016/1355

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

 

 

EXECUTIVE Summary

The NSW Ageing, Disability and Home Care (ADHC), Department of Family and Community Services have recently provided notification of the funding arrangements for Council’s Disability Services transition to the National Disability Insurance Scheme (NDIS). The service most impacted by this change is Council’s Disability Services.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “9.3 Our Community – Ensure the precincts, buildings, programs and activities provided by the Council’s ageing and disability services are professionally managed, integrated and meet demonstrated needs”.

Financial Implications

Council has been advised that as a council included in the NSW Government’s merger proposals under consideration by the Office of Local Government since referral on 6 January 2016, Council must comply with the merger proposal period guidelines issued under S23A of the Local Government Act 1993.

The guidelines instruct Council it should expend money in accordance with the detailed budget adopted for the purposes of implementing the Delivery/Operational Plan for the 2015/16 year.

Any expenditure outside the adopted budget requires the identification of clear and compelling grounds and must be approved by Council at a meeting that is open to the public. The guidelines indicate the resolution of Council for increased expenditure must specify the reasons why the expenditure is required and warranted.

If increased expenditure is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, Council is required to exhibit the increase to the budget and consider comments received.

Council must also avoid entering into contracts or undertakings where expenditure or revenue is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, unless the contract or undertaking is as a result of a decision or procurement process commenced prior to the merger proposal period or where entering into a contract or undertaking is reasonably necessary for the purposes of meeting the ongoing service delivery commitments of the Council or was previously approved in the Council’s Delivery/Operational Plan.

 

Policy and Governance Implications

Nil

 

Recommendation

1        That the report on Disability Services – Transition to the National Disability Insurance Scheme be acknowledged.

2        That Council support the continued provision of Disability Services to June 2018 with services to be reviewed in the third quarter of the 2017-2018 Financial Year.

 

further considerations

The recommendation of this report has been assessed against Council’s other key risk categories and the following comments are provided:

Image and Reputation

Council has been providing these services for more than 30 years and is highly regarded for the quality of care provided by both users of the services and Government agencies. A clear direction in the service provision is essential during the period of transition to the National Disability Insurance Scheme “NDIS”.

Employees

It is important that Council has a clear direction for the provision of services to provide a stable environment for staff and users of the services provided by Council.

Stakeholders

Individuals who utilise Councils services will be going through a period of change under the NDIS program which will cause some concern to those individuals and their carers. Council needs to provide a clear direction on the range of services to enable clients to make informed decisions regarding their future care. This direction will also provide staff with a level of stability.

SUPPORTING INFORMATION

Council is currently funded by the NSW Government through the Department Family and Community Services via Ageing, Disability and Home Care (ADHC) for the provision of a range of services for people with a disability. Council currently has a funding agreement with ADHC for the delivery of these services for people with disability. The current funding agreement is in place to 30 June 2018 after which services will be funded under the National Disability Insurance Scheme (NDIS).

Clients of Council’s services will commence the transition to the NDIS during the period 1 July 2017 with completion by 30 June 2018.

 

A key principal of the NDIS is for individuals to be involved in the decision making process for the type and extent of services that an individual receives. They will also be involved in deciding who provides these services.

During the transition year individuals will be assessed and allocated an individual funding plan based on identified need. This funding plan will also include identified levels of funding to provide key elements of the care. For example a defined amount will be allocated for residential care that is agreed as required and is unable to be used for other services.

As clients receiving services are transitioned to the NDIS and receive funding according to their individual plans, ADHC’s funding to service providers will reduce. When clients are transitioned, Council is able to make a claim to the NDIS for payment for services provided if the client chooses to use Council’s services.

Services that are eligible to attract NDIS funding will include Residential Services, Teen Time Services and Respite Individual Support.

Whilst this poses a risk to Council, as Council will need to meet the costs for the provision of services without being certain as to who will utilise them, it is considered unlikely that clients having been with Council for, in cases decades, would choose to move to another provider. It is however a possibility those individuals will choose another provider and Council will be unable to meet the infrastructure cost of these services through individual contributions.

Details of this process will be provided to Council in 2017.

On receipt of this information, Council will determine the impact on its service delivery and the likely cost or otherwise for the delivery of these services. The current services are delivered at no cost to Council as they are funded through existing funding with any shortfalls met by reserves accumulated within the programs and held for that purpose. It is projected that these reserves will meet any shortfalls to 30 June 2018.

 

 

Attachments

1          Explanation funding variations - Commonwealth and NSW Government - National Disability Insurance Scheme (NDIS), IC16/7750

 


Services Policy Committee                                                                                   5 July 2016

2.2                       Disability Services - Transition to the National Disability Insurance Scheme

Attachment 1      Explanation funding variations - Commonwealth and NSW Government - National Disability Insurance Scheme (NDIS)

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