ORANGE CITY COUNCIL

Ordinary Council Meeting

 

Agenda

 

6 September 2016

 

 

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, 6 September 2016  commencing at 7.00pm.

 

 

Garry Styles

General Manager

 

For apologies please contact Michelle Catlin on 6393 8246.

    

 


Council Meeting                                                                                      6 September 2016

Agenda

EVACUATION PROCEDURE

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                Introduction.. 3

1.1            Apologies and Leave of Absence. 3

1.2            Acknowledgement of Country. 3

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

2                Mayoral Minutes. 4

2.1            Meteorology Bureau Weather Data. 4

COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE OPEN FORUM

COUNCIL MEETING RESUMES

3                Confirmation of Minutes of Previous Meeting.. 9

3.1            Minutes of the Ordinary Meeting of Orange City Council held on 16 August 2016  10

COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE POLICY COMMITTEES

COUNCIL MEETING RESUMES.

4                Notices of Motion/Notices of Rescission.. 16

4.1            Vintage Rail Tourism by Cr Duffy. 16

5                General Reports. 18

5.1            Classification of Land - Drainage Retention Basin - Lot 26 DP1221604. 18

5.2            Lease of Hangar C Orange Airport 20

6                Closed Meeting - See Closed Agenda.. 22

6.1            Tender for the construction of the Waratah link road. 23

6.2            Tender for Ready Mixed Concrete 2016/17. 24

6.3            Demolition of 250-262 Peisley Street 25

7                Resolutions from closed meeting.. 26

 


Council Meeting                                                                                      6 September 2016

1       Introduction

1.1     Apologies and Leave of Absence

1.2     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.

1.3     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 Councillors now disclose any conflicts of interest in matters under consideration by the Council at this meeting.

 

 


Council Meeting                                                                                      6 September 2016

 

 

2       Mayoral Minutes

2.1     Meteorology Bureau Weather Data

TRIM REFERENCE:        2016/2028

 

 

Mayoral Minute

 

 

Recommendation

That Council acknowledge the attached memo regarding Meteorology Bureau Weather Data for Orange for the last 50 years which highlights:

·    The 2016 May-June-July period is the wettest of any 3 month period on the 50 year record with 549.6 mm rain and where the average for the May-June-July period is 237.6 mm.

 

 

John Davis
Mayor

SUPPORTING INFORMATION

There has been comment and debate amongst Councillors in regard to the wet period and impact on roads with some parties appearing to doubt the extent of the rains and suggesting the rains were being used as some sort of excuse in relation to roads, with subsequent requests for clarity over the extent of rains.

In discussion with Cr Taylor, I wish to have the information acknowledged so have put it forward as a Mayoral Minute.

I also note that Orange and district has been acknowledged as a national disaster area due to the extent of the weather impacts with some funding starting to flow.

 

Attachments

1          Memo to Councillors - Rainfall Data - Bureau of Meteorology, D16/39337

  


Council Meeting                                                                                     6 September 2016

2.1                       Meteorology Bureau Weather Data

Attachment 1      Memo to Councillors - Rainfall Data - Bureau of Meteorology

D16/39337

MEMO TO               COUNCILLORS

 

FROM                       GENERAL MANAGER

 

DATE                        31 AUGUST 2016

 

ON                           RAINFALL DATA – BUREAU OF METEOROLOGY

          F260

 

 

In response to a request from Cr Duffy, the rainfall data from the Bureau of Meteorology is attached.

 

The attached table gives monthly rainfall totals for the Orange Ag Station site over the past 50 years.

 

The rainfall totals for each year for the months of May, June and July, the period which has had a prolonged impact on the city's road network, are shown in the highlighted column.

 

At the bottom of the table the average rainfall for these 3 months over the past 50 years is shown as 237.6 mm.

 

The top five highest years for this 3 month period are:

 

1.    2016                549.6mm

2.    1981                435.6mm

3.    1998                435.2mm

4.    1995                428.8mm

5.    1968                373.4mm

Average        237.6mm

 

Therefore the 2016 rainfall for May -July is around 114mm higher than the next wettest year, and almost more than double the average rainfall for this 3 month period ie 549.6mm vs 237.6mm.

 

The table also shows that 2010 was the wettest of the 50 years of record, with total rainfall of 1592 mm. The wettest 3 month period of this year was from October –December, when a total of 544.1mm of rain fell.

 

Further analysis of the data shows that the previous 3 months of 2016 were the wettest 3 month period of rainfall in Orange over the past 50 years:

 

1     

May/Jun/July 2016

549.6mm

2     

Oct/Nov/Dec 2010         

544.1mm

3     

Jun/Jul/Aug 1998              

528.2mm

4     

Oct/Nov/Dec 1973           

528.1mm

5     

Dec 91/Jan/Feb 1992       

517.6mm

 

Of particular relevance is the fact that a prolonged period of wet weather in late autumn/winter has a more pronounced impact than during warmer months, as it takes much longer for roads to dry out during winter.  The lower temperatures also limit the use of the jetpatcher, which is a much more efficient means of patching large areas, with crews having to rely almost exclusively on coldmix for pothole patching.


2

 

RAINFALL DATA – BUREAU OF METEOROLOGY

31 August 2016

 

In addition, during winter there is more freezing of the road pavement and, where water has infiltrated the pavement due to rain, this water expands under freezing conditions creating or exacerbating the pothole problem.

 

The next column gives the year-to-date rainfall total for all 50 years of record up until the end of July, with the average rainfall for this period shown below the table ie 521.8mm.

 

The top 5 years rainfall to the end of July are also highlighted:

 

1      1990       -837.1mm

2      1978       -801.5mm

3      1973       -792.1mm

4      2016       -753.2mm

5      2010       -730.8mm

 

Again this shows that the current year's rainfall to date is much higher than normal, and the 4th wettest on record. As well in both 1973 and 1978 the very heavy rainfall which helped generate these high totals occurred in January and February, not during the critical winter months.

 

 

 

Garry Styles

GENERAL MANAGER


Council Meeting                                                                                                                6 September 2016

2.1                       Meteorology Bureau Weather Data

Attachment 1      Memo to Councillors - Rainfall Data - Bureau of Meteorology

 

Jan

Feb

Mar

Apr

May

Jun

Jul

May, June, July

Year to date

Aug

Sep

Oct

Nov

Dec

Total

1966

36.1

0

117.4

26.9

79.5

57.7

66.1

203.3

383.7

127.2

88.8

217.8

106.7

130.7

1054.9

1967

87.7

47.9

18.6

0

35.1

40.4

15.9

91.4

245.6

161.5

42.7

81.8

45.1

8.4

585.1

1968

142.6

4.6

74.9

34.5

249.1

73.6

50.7

373.4

630

81.2

46.7

98.9

57.4

189.3

1103.5

1969

69.1

148.9

137.4

91.7

82.7

73.7

100.3

256.7

703.8

72.9

50.8

116.3

118.1

33.5

1095.4

1970

139

79.6

52.1

52.1

113.1

47.7

11.2

172

494.8

107.5

123.1

115.9

100.8

138.1

1080.2

1971

130

148.7

6.1

38.6

48.1

23.8

105.1

177

500.4

128.5

108.2

7.4

154.3

168.7

1067.5

1972

161.5

134.6

16.8

41

16.5

0.8

29.7

47

400.9

97.2

19.8

65.9

66

27

676.8

1973

109.4

285

41.2

54.6

36.9

159.8

105.2

301.9

792.1

130.6

63.4

176.9

191.1

160.1

1514.2

1974

75.3

111.6

4.7

203.4

47.9

32.6

181.4

261.9

656.9

116.6

110.8

114.8

26

1.8

1026.9

1975

38.2

84.6

67.6

30.8

26.6

60.8

59.6

147

368.2

147

135.6

164

22.8

52.6

890.2

1976

237.1

80.6

72.4

43.8

36.2

12.4

88.6

137.2

571.1

48.4

110.6

180

42.8

33

985.9

1977

71.4

53.4

77

23

149.9

110.6

34.6

295.1

519.9

42.8

70.7

23.6

9.2

22

688.2

1978

300.7

13

121.6

12.6

132.4

84.8

136.4

353.6

801.5

52.8

196.8

58.5

110.4

64.2

1284.2

1979

15.6

5.2

58

95.6

95.1

12.8

26.5

134.4

308.8

66

118.9

59

44.4

0.4

597.5

1980

57.7

57.3

23

11.9

70.1

121.8

104.7

296.6

446.5

35.3

28

43.8

11.2

61.1

625.9

1981

53.8

135.4

0.4

14.3

77.1

153.8

204.7

435.6

639.5

92.8

29.6

63.7

83.4

84.6

993.6

1982

25.8

24.2

69.2

17.4

26.6

41.6

33

101.2

237.8

3.1

54.8

12.7

7

8.6

324

1983

49.8

28.3

78.2

97.4

134

43.2

62.1

239.3

493

64.6

122.1

81.1

118.1

117.4

996.3

1984

269.7

59.4

41.3

63.1

31.5

9.7

207.7

248.9

682.4

131.1

88.4

95.1

48.1

25

1070.1

1985

7.5

42.5

112.9

36.1

52.3

59.1

28.1

139.5

338.5

178.7

74.2

120.4

144.5

101

957.3

1986

91.2

12.5

6

19.6

69.3

28.5

153.1

250.9

380.2

118.9

96.5

108.2

96

11

810.8

1987

29.7

82.2

174.4

30.8

105.9

82.9

37

225.8

542.9

100.8

25.6

72.2

43.7

169.9

955.1

1988

75.8

24.7

71.7

82.5

67.3

73.9

125.4

266.6

521.3

85.3

98.8

24.4

72.6

117.2

919.6

1989

117

24.4

108.8

145.1

102.7

83.4

108

294.1

689.4

90.5

28.7

45.8

32.1

66.6

953.1

1990

85.4

100.8

16

329

89.2

65.6

151.1

305.9

837.1

270.8

66.9

65.2

21.6

13.8

1275.4


 

Year

Jan

Feb

Mar

Apr

May

Jun

Jul

 

 

Aug

Sep

Oct

Nov

Dec

Annual

1991

39

7

50.8

23.6

55.4

101.2

108.8

265.4

385.8

167

101.8

30

58.8

117.6

861

1992

164.4

235.6

28.8

36.7

46.6

51.2

55

152.8

618.3

176.6

92.2

127.4

93.8

213.6

1321.9

1993

64

45.2

90.8

13

61.8

53.2

159.4

274.4

487.4

66

170.4

138.6

84.8

34.3

981.5

1994

11.2

138.4

32.8

31.4

30

82

50.4

162.4

376.2

31.4

24.8

47

115.6

104

699

1995

185.4

11

0

16.7

195.8

77.8

155.2

428.8

641.9

10.6

56.2

30.1

71.2

88.2

898.2

1996

 

56.6

39.6

3

46.4

152.8

156.1

355.3

454.5

157.2

85

105

63

63

 

1997

79.8

105.4

17.2

1

63.4

30.7

39.8

133.9

337.3

51.4

117.3

50.9

37.8

61.4

656.1

1998

119.4

49.8

3.8

106.2

86.2

178.6

170.4

435.2

714.4

179.2

123.1

113.8

110.4

40.2

1281.1

1999

36.8

20

107

52.6

40.6

76.2

66.5

183.3

399.7

107

58.4

223.1

63.2

157

1008.4

2000

21.8

22.2

146.9

76.9

 

81.4

68.9

150.3

418.1

147.3

70.3

178.7

152.1

26.6

 

2001

22.2

42.1

89.5

84.7

47.2

67.4

67.4

182

420.5

94.4

85

94

44.3

26.9

765.1

2002

64.9

179.6

43.2

39.3

68

35.9

43.4

147.3

474.3

23

65

0.2

27.2

35.2

624.9

2003

36.2

157

45.8

48

32.4

95.5

76.8

204.7

491.7

168.6

33.3

 

62.3

87

 

2004

50.4

66.2

35.4

8

65.3

130.3

71.9

267.5

427.5

102.1

65.7

70.6

96.9

119.1

881.9

2005

83.2

83.4

27.3

7.4

4.2

71.6

122.1

197.9

399.2

66.8

141.6

103.3

204.3

59.6

974.8

2006

146.4

50.3

12.4

6.6

9.2

37.6

91

137.8

353.5

11.7

24.2

4

26.8

69.2

489.4

2007

95

78.5

47

58.3

75.6

86.6

90.6

252.8

531.6

33.1

9

14.4

145.2

107.2

840.5

2008

54.2

105

62.1

26.5

20

58.7

69.6

148.3

396.1

83.1

128.2

72.1

120.3

110.3

910.1

2009

62.7

55.7

50.4

62.2

17.6

98.2

73.5

189.3

420.3

40.9

54.2

54.3

31.2

128.2

729.1

2010

72.2

151.4

129.3

93.9

77.8

51.6

154.6

284

730.8

214.5

102.6

119.4

124.8

299.9

1592

2011

39

71.3

140.6

42

74.6

27.4

 

102

394.9

89.1

77.8

59.6

166.9

128.8

 

2012

71.6

107.8

126.8

14.3

62.6

63.6

83.2

209.4

529.9

45.4

58.2

9

23.3

25.7

691.5

2013

70

115.4

119.6

21.4

35.1

149.8

51.5

236.4

562.8

59.4

51.9

25.6

30.9

46

776.6

2014

31.6

96.2

132.8

39.6

54.1

123.8

71.4

249.3

549.5

31.1

 

1.5

23.6

0

 

2015

184.4

62.3

19.8

144.6

59.4

53

111.2

223.6

634.7

71.2

13

17.8

58.8

75

870.5

2016

112.2

1.6

37.2

52.6

126.8

265

157.8

549.6

753.2

 

 

 

 

 

753.2

50 year average

237.6

521.8

       


Council Meeting                                                                                      6 September 2016

 

 

3       Confirmation of Minutes of Previous Meeting

RECOMMENDATION

That the Minutes of the Ordinary Meeting of Orange City Council held on 16 August 2016 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate records of the proceedings of the Council meeting held on 16 August 2016.

 

Attachments

1        Minutes of the Ordinary Meeting of Orange City Council held on 16 August 2016



ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 16 August 2016

COMMENCING AT 7.00pm


 1      Introduction

Attendance

Cr C Gryllis (Deputy Mayor), Cr K Duffy, Cr R Gander, Cr J Hamling, Cr R Kidd, Cr S Munro, Cr G Taylor (7.10pm), Cr J Whitton

General Manager, Acting Director Development Services (Hodges), Director Community, Recreation and Cultural Services, Director Technical Services,  Manager Administration and Governance, Works Manager, Communications Officer

In the absence of the Mayor, the Deputy Mayor, Cr Gryllis, Chaired the meeting.

2.1     APOLOGIES

 

RESOLVED - 16/335                                                                                 Cr R Kidd/Cr K Duffy

That the apologies be accepted from Cr J Davis OAM (Mayor), Cr A Brown, Cr N Jones and Cr R Turner for the Council Meeting of Orange City Council on 16 August 2016 and leave of absence granted to Cr Jones to Monday 5 September 2016.

 

2.2     OPENING PRAYER

ROBERT MCKEAN OF THE ORANGE PRESBYTERIAN CHURCH LED THE COUNCIL IN PRAYER

 

2.3     ACKNOWLEDGEMENT OF COUNTRY

 

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

Nil

2       Mayoral Minutes

Nil   


3       Confirmation of Minutes of Previous Meeting

RESOLVED - 16/336                                                                         Cr J Hamling/Cr S Munro

That the Minutes of the Ordinary Meeting of Orange City Council held on 2 August 2016 (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 2 August 2016.

 

4       Notices of Motion/Notices of Rescission

Nil

5       General Reports

5.1     Recommendations and Resolutions from Policy Committees

TRIM Reference:        2016/1746

RESOLVED - 16/337                                                                          Cr R Gander/Cr S Munro

1        That the resolutions made by the Planning and Development Committee at its meeting held on 2 August 2016 be noted.

2        That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held 2 August 2016 be noted.

3        That the resolutions made by the Infrastructure Policy Committee at its meeting held on 2 August 2016 be noted.

4        That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 2 August 2016 be noted.

5        That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 2 August 2016 be noted.

6        That the resolutions made by the Finance Policy Committee at its meeting held on 2 August 2016 be noted.

7        That the resolutions made by the Services Policy Committee at its meeting held on 2 August 2016 be noted.

 

 

MATTER ARISING

RESOLVED - 16/338                                                                                 Cr K Duffy/Cr R Kidd

1               That Council conduct a workshop with Councillors and relevant senior staff to assess the asset renewal program for roads and the budget.

2               That this workshop be held in 2016 and not at as part of a Councillor Briefing.


 

5.2     Outstanding Questions Taken on Notice

TRIM Reference:        2016/1745

RESOLVED - 16/339                                                                            Cr K Duffy/Cr J Hamling

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

 

 

QUESTION TAKEN ON NOTICE                                                                                                   

Cr Duffy asked if Council is able to apply a bond for developments in relation to any damage to infrastructure.

 

5.3     Statement of Investments - July 2016

TRIM Reference:        2016/1835

RESOLVED - 16/340                                                                            Cr K Duffy/Cr R Gander

1        That Council receives the Statement of Investments as at 31 July 2016.

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

 

 

5.4     Performance Indicators - Final quarter 2015/16

TRIM Reference:        2016/1712

RESOLVED - 16/341                                                                         Cr J Hamling/Cr S Munro

That the Performance Indicators – Final quarter 2015/16 be acknowledged.

 

 

5.5     Regional Express Airlines

TRIM Reference:        2016/1637

RESOLVED - 16/342                                                                         Cr J Whitton/Cr S Munro

That the information provided in the report on Regional Express Airlines be acknowledged.

 

 

QUESTION TAKEN ON NOTICE                                                                                                   

Cr Gryllis requested information be circulated to Councillors on passenger numbers at the Orange Airport for the last 10 years.

 


 

 

5.6     McNamara Lane Parklet

TRIM Reference:        2016/1805

RESOLVED - 16/343                                                                         Cr S Munro/Cr J Hamling

That this item be withdrawn to allow assessment of two late submissions.

 

 

5.7     Draft Contaminated Land Policy

TRIM Reference:        2016/922

RESOLVED - 16/344                                                                             Cr K Duffy/Cr S Munro

That draft Strategic Policy ST018 - Contaminated Land be placed on public exhibition.

 

 

5.8     Orange Showground Pavilion

TRIM Reference:        2016/1820

RESOLVED - 16/345                                                                          Cr C Gryllis/Cr J Hamling

That Council construct the 80m x 33m pavilion at the Orange Showground at an additional cost of $150,000 with the funding source to comprise $100,000 being reallocated from the budgeted stormwater harvesting works at Showground and $50,000 being reallocated from Moulder Park capital works with these works being deferred by 12 months.

 

 

QUESTION TAKEN ON NOTICE                                                                                                   

Cr Kidd requested information on the implementation of Council’s decision in July 2009 to allocate $250,000 per annum into the Showground reserve.

 

QUESTION TAKEN ON NOTICE                                                                                                   

Cr Duffy requested information on the depth of concrete required on sheds used by Finemores Transport and Whites Transport.

 


 

 

5.9     Development Application DA 159/2016(1) - 212-220 Summer Street

TRIM Reference:        2016/1848

RESOLVED - 16/346                                                                         Cr J Whitton/Cr S Munro

That Council consents to development application DA 159/2016(1) for Commercial Premises (alterations and additions to existing building) at Lot 564 DP 776383 – 212‑220 Summer Street, Orange pursuant to the conditions of consent in the attached Notice of Approval.

 

 

Division of Voting

Voted For

Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr J Hamling, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr J Whitton

Voted Against

Nil

Absent

Cr J Davis (Mayor), Cr N Jones, Cr R Turner, Cr A Brown

 

5.10   Classification of land - drainage reserve in William Maker Drive

TRIM Reference:        2016/1706

RESOLVED - 16/347                                                                         Cr J Hamling/Cr S Munro

1        That Lot 26 DP 1221604 William Maker Drive be classified as Operational Land pursuant to the Local Government Act 1993.

2        That authority be granted to affix the Council Seal on all necessary documentation.

 

 

5.11   COUNCIL FOLDER

·         Letter from Come Together Choir thanking Council for the approval of their recent grant funding application.

·         Certificate of thanks from the Orange Eisteddfod thanking Council for their support.

 

RESOLVED - 16/348                                                                          Cr R Gander/Cr S Munro

That the contents of the Council folder be noted.

 

MATTER ARISING

RESOLVED - 16/349                                                                         Cr S Munro/Cr J Whitton

That Council write to the Minister for Education suggesting that CPR training be mandatory for students.

 


 

6       Closed Meeting

In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.

In response to a question from the Deputy Mayor, the General Manager advised that no written submissions had been received relating to any item listed for consideration by the Closed Meeting of Council.

The Deputy Mayor extended an invitation to any member of the public present at the meeting to make a presentation to the Council as to whether the meeting should be closed for a particular item.

 

RESOLVED - 16/350                                                                        Cr J Whitton/Cr R Gander

That Council adjourn into a Closed Meeting and members of the press and public be excluded from the Closed Meeting, and access to the correspondence and reports relating to the items considered during the course of the Closed Meeting be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions:

6.1     Sale of land - Narrambla Industrial Estate

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

 

 

The Deputy Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 8.14pm. The Deputy Mayor declared the Ordinary Meeting of Council resumed at 8.17pm.

7       Resolutions from Closed Meeting

The General Manager read out the following resolutions made in the Closed Meeting.

6.1     Sale of land - Narrambla Industrial Estate

TRIM Reference:        2016/1839

RESOLVED - 16/351                                                                             Cr K Duffy/Cr S Munro

1        That Council sell 25 Colliers Avenue (Lot 92 DP 1180866) for $100m2 plus GST.

2        That the proceeds of sale be applied to the land development reserve.

3        That authority be granted to affix the Common Seal on all necessary documentation.

 

The Meeting Closed at 8.20 PM

 

This is Page Number 6 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 16 August 2016.  


Council Meeting                                                                                      6 September 2016

 

 

4       Notices of Motion/Notices of Rescission

4.1     Vintage Rail Tourism by Cr Duffy

TRIM REFERENCE:        2016/2010

 

 

I, CR Kevin Duffy wish to move the following Notice of Motion at the Council Meeting of 6 September 2016:

 

Motion

That, as part of Council’s economic development and jobs creation strategy, Council pursue vintage rail tourism for Orange and District, and that Council:

1    Liaise with John Holland Rail as to the availability of facilities to house and accommodate the growth of rail tourism.

2    Authorise the General Manager to negotiate access to railway stations and sidings for long term use to develop such tourism strategy.

 

Background

Vintage rail tourism is a great opportunity for Orange as it is centrally located on the two main rail lines. The Western line that links the East Coast of Australia with the West Coast of Australia and the Western Dubbo line.

East Fork at South Orange is a major focal point in the Rail network of the two rail branches.

East Fork has a large disused rail siding and works area, including turning table, that would be suitable for vintage rail organisations to expand or relocate to give them access to the Central West main rail links.

Steam trains - Tin Hares are very popular tourist attractions as indicated by the numerous events that have occurred over the years.

Orange is strategically placed in the rail network linking it directly to Zig Zag, Lithgow, Bathurst, Parkes, Forbes, Wellington and Dubbo. It is not out of the question to relive the glory days of the Silver City Comet trail to Broken Hill.

It would complement our Museum as rail was a major part of Regional Australia's development in produce and passenger transport. With network of smaller stations and sidings it would be important strategically to secure access to centres such as Millthorpe, Molong, Manildra, Stuart Town and any other location that could be deemed suitable to enhance the Economic Development of the activity. The rail link between Molong and Orange is the longest gradient in Australia.

Vintage train travel plays a part in tourism in Victoria.

 

Signed Cr Kevin Duffy


 

 

STAFF COMMENT

Investigation of regional opportunities might enhance the effectiveness of this investigation as other Councils have identified interest in train history.  It may also be advisable to broaden the liaison to organisations associated with rail development and history to maximise the opportunities,  rather than restricting to John Holland Rail only. 

Consideration of this opportunity will be included in the review of the council’s tourism strategy which is currently being conducted with a planned report to Council at the next round of meetings.

 

   


Council Meeting                                                                                      6 September 2016

 

 

5       General Reports

5.1     Classification of Land - Drainage Retention Basin - Lot 26 DP1221604

TRIM REFERENCE:        2016/1845

AUTHOR:                       Jackie Foxall, Legal and Property Officer    

 

 

EXECUTIVE Summary

This report seeks Council’s consent to classify Council owned land situated Lot 26 William Maker Drive, Orange described as Lot 26 DP 1221604, acquired for the purposes as a stormwater retention basin, as operational land.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “1.3 Our City - Ensure a robust framework that supports the community’s and Council’s current and evolving activities, services and functions”.

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 Lot 26 DP 1221604 be classified as operational land pursuant to Chapter 6, Part 2 of the Local Government Act 1993 (NSW).

2        That authority be granted to affix the Common Seal of Council to any documentation necessary to allow the classification.

 

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

As part of the subdivision development of Lot 24 DP 1203016 William Maker Drive precinct, the developer was required in accordance with Council’s development consent and the Orange Development Control Plan 2004, to construct a stormwater retention basin. Council acquired such land through funding from Section 94 contributions. The subject land is outlined red on the below map.

The plan of subdivision was registered on 13 July 2016 and allocated DP1221604. The retention basin, comprising 3,725m2, is identified on such registered plan as Lot 26 DP 1221604 and dedicated as drainage reserve under Section 49(3) of the Local Government Act 1993. This report seeks to make the land operational.

  


Council Meeting                                                                                      6 September 2016

 

 

5.2     Lease of Hangar C Orange Airport

TRIM REFERENCE:        2016/1931

AUTHOR:                       Shirley Hyde, Legal and Property Officer    

 

 

EXECUTIVE Summary

This report seeks Council’s agreement to enter into a lease with the new owner of Hangar C at the Orange Airport.

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

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. 

Implications in this report

Council will receive income from rent payments of $5,022 per annum inclusive of GST.

Policy and Governance Implications

Nil

 

Recommendation

1        That Council enter into a lease with the purchaser of Hangar C for a term of 3 years plus two 3 year options.

2        That approval be granted for the use of the Council Seal on all relevant documents.

 

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

Hangar C at the Orange Airport has recently been sold and negotiations with the new owner have commenced to enter into the standard lease being offered for all tenants at the Airport. The purchaser has requested a three year lease with two three year options. 

This lease is recommended for approval.

 

     


Council Meeting                                                                                      6 September 2016

 

6     Closed Meeting - See Closed Agenda

The General Manager will advise the Council if any written submissions have been received relating to any item advertised for consideration by a closed meeting of Orange City Council.

The Mayor will extend an invitation to any member of the public present at the meeting to make a representation to Council as to whether the meeting should be closed for a particular item.

 In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.

Recommendation

That Council adjourn into a Closed Meeting and members of the press and public be excluded from the Closed Meeting, and access to the correspondence and reports relating to the items considered during the course of the Closed Meeting be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions:

6.1     Tender for the construction of the Waratah link road

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

6.2     Tender for Ready Mixed Concrete 2016/17

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     Demolition of 250-262 Peisley Street

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.

 

 


Council Meeting                                                                                      6 September 2016

 

6.1     Tender for the construction of the Waratah link road

TRIM REFERENCE:        2016/1898

AUTHOR:                       Mark Frecklington, Assistant Works Manager    

Reason for Confidentiality

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

 

 


Council Meeting                                                                                      6 September 2016

 

6.2     Tender for Ready Mixed Concrete 2016/17

TRIM REFERENCE:        2016/2005

AUTHOR:                       Michelle Catlin, Manager Administration and Governance    

Reason for Confidentiality

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

 

 


Council Meeting                                                                                      6 September 2016

 

6.3     Demolition of 250-262 Peisley Street

TRIM REFERENCE:        2016/1864

AUTHOR:                       Logan Hignett, Engineering Officer    

Reason for Confidentiality

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

 

  


Council Meeting                                                                                      6 September 2016

 

7       Resolutions from closed meeting