Agenda of Council Meeting - 20 December 2016

ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 6 December 2016

COMMENCING AT 7.00pm

1 Introduction

Attendance

Cr J Davis OAM (Mayor), Cr A Brown, Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr N Jones, Cr R Kidd, Cr S Munro, Cr G Taylor (arrived at 7.06pm), Cr R Turner, Cr J Whitton

General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Administration and Governance, Manager Financial Services, Communications Officer, Financial Accountant

1.1 APOLOGIES

RESOLVED - 16/488 Cr C Gryllis/Cr S Munro

That the apology be accepted from Cr J Hamling (Deputy Mayor) for the Council Meeting of Orange City Council on 6 December 2016.

1.2 ACKNOWLEDGEMENT OF COUNTRY

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

Cr Duffy declared a significant non-pecuniary interest in item 6.5 – Cadia Valley Operations as his son is employed at Cadia.

Cr Kidd declared a significant non-pecuniary interest in item 6.1 – Sale of Part Road Reserve Surrounding 125 to 133 Bathurst Road as his parents own property in the area.

PRESENTATIONS

Phillip Donato – Member for Orange

The Mayor welcomed new Member for Orange, Mr Phillip Donato to the meeting. Mr Donato addressed Council and advised he looked forward to open, productive relationships with Council.

Auditors Report

Mr John O’Malley provided an overview of Council’s financial statements for 2015/16.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.37PM

OPEN FORUM

Mr Jason Vailes - Proposed Rezoning of Airport Land

Mr Vailes advised that he represented the Spring Hill and Surrounds Consultative Committee, and outlined the Committee’s objections to the proposed rezoning of Airport land.

THE OPEN FORUM CONCLUDED AT 7.44PM

2 Mayoral Minutes

Nil

3 Confirmation of Minutes of Previous Meeting

RESOLVED - 16/489 Cr R Gander/Cr S Munro

That the Minutes of the Ordinary Meeting of Orange City Council held on 15 November 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 15 November 2016.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.45PM

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 9.03PM

4 Notices of Motion/Notices of Rescission

Nil

5 General Reports

5.1 2015/16 Financial Statements

TRIM Reference: 2016/2677

RESOLVED - 16/490 Cr K Duffy/Cr S Munro

That the Audited Financial Statements and Auditor’s report for the 2015/16 financial year be acknowledged.

QUESTION TAKEN ON NOTICE

Cr Munro requested a report on the provision of facilities/services for people with a disability.

5.2 Tourism Transition Board

TRIM Reference: 2016/2842

RESOLVED - 16/514 Cr J Davis/Cr R Gander

1 That Council nominate the General Manager, Mayor (or nominee), Cr Hamling and Cr Whitton to be the nominees from Orange City Council on the Transition Board to enable the industry led tourism entity concept to be developed.

2 That Council note the comments in the report about director independence and the responsibilities of directors of entities formed under the Corporations Act.

3 That due to the unique knowledge of the required services, Council enter into a six month performance based funding agreement with Brand Orange from 1 January 2017 to 30 June 2017 for a value of $159,000 (ex GST) to be funded from the tourism services contract, payable in two instalments on 9 January and 3 April 2017.

5.3 Outcomes From Two Free Waste Disposal Days at the Ophir Road Resource Recovery Centre

TRIM Reference: 2016/2716

RESOLVED - 16/515 Cr N Jones/Cr S Munro

1 That Council recognise the importance of creating positive incentives to Orange residents in relation to waste minimisation and resource recovery opportunities thereby discouraging potential illegal dumping of wastes and continue appropriate education initiatives within its adopted education strategies.

2 That Council model the costs of a trial voucher system for Orange residents to make application and record against the residential address for up to one free bulky waste disposal of waste in a financial year limited to the size of a 6’x 8’ trailer or utility load size of acceptable material.

QUESTION TAKEN ON NOTICE

Cr Turner requested a review of the quality of mulch and topsoil sold at the Resource Recovery Centre.

5.4 2016/2017 Water Consumption Charges - 3 Beech Crescent, Orange

TRIM Reference: 2016/2715

RESOLVED - 16/516 Cr K Duffy/Cr C Gryllis

1 That the amended 2016 fourth quarter consumption charge of $1,403.60 be reduced to $169.40.

2 That the 2017 first quarter consumption charge of $1,122.09 be reduced to $127.12.

5.5 Tender - Water Meter Readings 2016-2019

TRIM Reference: 2016/2679

RESOLVED - 16/517 Cr R Turner/Cr R Kidd

1 That Council accept the tender from UASG (Skilltech) to provide water meter reading services for a period of three years at the rate of $2.11 per meter in residential and commercial locations and $4.40 per meter in rural, village and industrial locations.

2 That permission be granted to use the Council Seal on any relevant document if required.

Division of Voting
Voted For	Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr N Jones, Cr R Kidd, Cr G Taylor, Cr R Turner, Cr J Whitton, Cr A Brown
Voted Against	Cr S Munro
Absent	Cr J Hamling

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 - 16/518 Cr R Gander/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 Sale of Part Road Reserve surrounding 125 to 133 Bathurst Road

6.2 Tender for Clergate Road Upgrade Stage 1

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 Construction of Robertson Park Amenities - Tender Assessment

6.4 Tender - Airport Runway Micro-Seal

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 (d)i commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and (d)ii information that would, if disclosed, confer a commercial advantage on a competitor of the council.

6.5 Cadia Valley Operations

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 9.24pm.

The Mayor declared the Ordinary Meeting of Council resumed at 10.04pm.

7 Resolutions from Closed Meeting

The Mayor read out the following resolutions made in the Closed Meeting of Council.

6.1 Sale of Part Road Reserve surrounding 125 to 133 Bathurst Road

TRIM Reference: 2016/2734

Cr R Kidd declared a significant non-pecuniary interest in this item as his parents own property in the area, left the Chamber and took no part in the debate or voting on this item. Cr Kidd did not return to the meeting.

RESOLVED - 16/519 Cr C Gryllis/Cr S Munro

1 That Council proceed to sell part of the road reserve surrounding 125 - 133 Bathurst Road for the sum of $70,000 to the owner of 125-133 Bathurst Road.

2 That the proceeds of sale be allocated to the Land Development Reserve.

3 That approval be granted for the use of the Council Seal on relevant documents if required.

6.2 Tender for Clergate Road Upgrade Stage 1

TRIM Reference: 2016/2754

RESOLVED - 16/520 Cr J Whitton/Cr S Munro

1 That Council award the contract for the Clergate Road upgrade stage 1 to Hamcon Civil Pty Ltd for the amount of $2,173,451.00 exclusive of GST.

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

Division of Voting
Voted For	Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr N Jones, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton, Cr A Brown
Voted Against	Nil
Absent	Cr J Hamling

6.3 Construction of Robertson Park Amenities - Tender Assessment

TRIM Reference: 2016/2834

RESOLVED - 16/521 Cr J Whitton/Cr G Taylor

1 That Council declines to accept any of the tenders for the Construction and Part Demolition - CWA Amenities Building - Robertson Park, Tender Number F2329 as a result of all tenders exceeding the available budget.

2 That Council cancel the proposal to contract the Construction and Part Demolition – CWA Amenities Building – Robertson Park contemplated in the tender.

3 That Council note that extenuating circumstances exist, being that tenders received did not meet available budget, and that Council does not consider re-tendering will achieve a better result.

4 That the General Manager be authorised to negotiate the terms of a contract with other suitable organisation(s) for a cost effective solution which aligns with Council’s objectives to construct amenities in Robertson Park.

5 That permission be granted for the use of the Council Seal on all relevant documents if required.

Division of Voting
Voted For	Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr N Jones, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton, Cr A Brown
Voted Against	Nil
Absent	Cr J Hamling

6.4 Tender - Airport Runway Micro-Seal

TRIM Reference: 2016/2844

RESOLVED - 16/522 Cr C Gryllis/Cr R Turner

1 That Council declines to accept any of the tenders for the Orange Airport Runway Micro-Seal, Tender Number F2354 as a result of all tenders failing to comply with key tender requirements and exceeding the available budget.

2 That Council cancel the proposal to contract the Orange Airport Runway Micro-Seal contemplated in the tender.

3 That Council note that extenuating circumstances exist, being that tenders received did not comply with tender requirements and available budget, and that Council does not consider re-tendering will achieve a better result.

4 That the General Manager be authorised to enter into negotiations with other suitably qualified organisation(s) for a cost effective solution which aligns with Council’s objectives to achieve a suitable sealed surface for the runway at the Orange Airport.

5 That permission be granted for the use of the Council Seal on all relevant document if required.

Division of Voting
Voted For	Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr N Jones, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton, Cr A Brown
Voted Against	Nil
Absent	Cr J Hamling

6.5 Cadia Valley Operations

TRIM Reference: 2016/2879

Cr K Duffy declared a significant non-pecuniary interest in this item, as his son is employed at Cadia, left the Chamber and took no part in the debate or voting on this item.

RESOLVED - 16/523 Cr R Gander/Cr G Taylor

That Council note the report and endorse the actions contained in the report summary.

The Meeting Closed at 10.07PM

This is Page Number 12 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 6 December 2016.

Council Meeting 20 December 2016

5 General Reports

5.1 Recommendations and Resolutions from Policy Committees

TRIM REFERENCE: 2016/2980

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

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

Nil

Policy and Governance Implications

Nil

Recommendation

1 That the resolutions made by the Planning and Development Committee at its meeting held on 6 December 2016 be noted.

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

3 That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 6 December 2016 be noted.

4 That the resolutions made by the Environmental Sustainability Development Policy Committee at its meeting held 6 December 2016 be noted

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

6 That the resolutions made by the Services Policy Committee at its meeting held on 6 December 2016 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 December 2016, 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 December 2016 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 December 2016, 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 December 2016, 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 December 2016, 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 December 2016 all resolutions were made under delegation, and the minutes are presented for noting.

Attachments

1 PDC 6 December 2016 Minutes, 2016/2897 ⇩

2 IPC 6 December 2016 Minutes, 2016/2899 ⇩

3 SRPC 6 December 2016 Minutes, 2016/2900 ⇩

4 ESPC 6 December 2016 Minutes, 2016/2898 ⇩

5 SPC 6 December 2016 Minutes, 2016/2902 ⇩

6 FPC 6 December 2016 Minutes, 2016/2901 ⇩

Infrastructure Policy Committee 20 December 2016

5.1 Recommendations and Resolutions from Policy Committees

Attachment 2 IPC 6 December 2016 Minutes

ORANGE CITY COUNCIL

MINUTES OF THE

Infrastructure Policy Committee

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

ON 6 December 2016

COMMENCING AT 7.47pm

1 Introduction

Attendance

Cr G Taylor (Chairperson), Cr J Davis OAM (Mayor), Cr C Gryllis, Cr A Brown, Cr K Duffy, Cr R Gander, Cr N Jones, Cr R Kidd, Cr S Munro, Cr R Turner, Cr J Whitton

APOLOGIES AND LEAVE OF ABSENCE

RESOLVED - 16/491 Cr C Gryllis/Cr S Munro

That the apology be accepted from Cr J Hamling (Deputy Mayor) for the Infrastructure Policy Committee of Orange City Council on 6 December 2016.

1.1 DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS

Nil

2 General Reports

2.1 Current Works

TRIM Reference: 2016/2809

RESOLVED - 16/492 Cr J Davis/Cr S Munro

That the information provided in the report on Current Works be acknowledged.

2.2 Airport Initiatives

TRIM Reference: 2016/2836

RESOLVED - 16/493 Cr J Davis/Cr R Turner

1 That Council commit to actively promoting improved service levels and increased aviation activity at the Orange Airport through a detailed assessment of the demand for:

a Provision of a secure paid parking area at the Orange Airport, and

b Construction of hangars by Council at the Orange Airport for commercial lease as land/hangar packages

with the aim of developing detailed business cases and identifying capital funding options within current or future Delivery Plans to develop these opportunities.

2 That Council note that where new aviation related activities at Orange Airport which create new jobs through the provision of new services and business opportunities be based on an agreement negotiated by the General Manager with any revenue shortfall to be funded from the Jobs Creation Program budget in 2016/17.

3 That Council consider amending the fees and charges in 2017/18 to include the ability to negotiate commercial agreements at the Airport for new operators.

QUESTION TAKEN ON NOTICE

Cr Duffy requested an update on the Cycleways project.

The Meeting Closed at 8.16PM.

Sport and Recreation Policy Committee 20 December 2016

5.1 Recommendations and Resolutions from Policy Committees

Attachment 3 SRPC 6 December 2016 Minutes

ORANGE CITY COUNCIL

MINUTES OF THE

Sport and Recreation Policy Committee

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

ON 6 December 2016

COMMENCING AT 8.16pm

1 Introduction

Attendance

Cr J Davis OAM (Mayor), Cr C Gryllis, Cr A Brown, Cr K Duffy, Cr R Gander, Cr N Jones, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton

In the absence of the Chairperson, Cr Taylor chaired the meeting

APOLOGIES AND LEAVE OF ABSENCE

RESOLVED - 16/494 Cr C Gryllis/Cr S Munro

That the apology be accepted from Cr J Hamling (Chairperson) (Deputy Mayor) for the Sport and Recreation Policy Committee of Orange City Council on 6 December 2016.

1.1 DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS

Nil

2 Committee Minutes

2.1 Minutes of the Australia Day Community Committee Meeting – 17 November 2016

TRIM Reference: 2016/2832

RESOLVED - 16/495 Cr R Kidd/Cr J Davis

1 That the recommendations made by the Australia Day Community Committee at its meeting held on 17 November 2016 be adopted, with the exception of the matter arising from item 3.1.

2 That in relation to item 3.1, Council consider the matter of fee payment for Welcome to Country at Australia Day.

MATTER ARISING

MOTION Cr R Turner/Cr R Kidd

That Council invite a representative of the Orange Aboriginal Land Council to give the Welcome to Country at the Australia Day event on a voluntary basis.

THE MOTION ON BEING PUT TO THE MEETING WAS LOST

RESOLVED - 16/496 Cr C Gryllis/Cr K Duffy

1 That Council meet the cost of the fee payment for the Welcome to Country at Australia Day on the basis that these funds are directed to community projects

2 That the Orange Aboriginal Land Council be invited to be a member of the Australia Day Committee.

The Meeting Closed at 8.30PM

Services Policy Committee 20 December 2016

5.1 Recommendations and Resolutions from Policy Committees

Attachment 5 SPC 6 December 2016 Minutes

ORANGE CITY COUNCIL

MINUTES OF THE

Services Policy Committee

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

ON 6 December 2016

COMMENCING AT 8.50pm

1 Introduction

Attendance

Cr R Gander (Chairperson), Cr J Davis OAM (Mayor), Cr C Gryllis, Cr A Brown, Cr K Duffy, Cr N Jones, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton

APOLOGIES AND LEAVE OF ABSENCE

RESOLVED - 16/505 Cr C Gryllis/Cr S Munro

That the apology be accepted from Cr J Hamling (Deputy Mayor) for the Services Policy Committee of Orange City Council on 6 December 2016.

1.1 DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS

Nil

2 Committee Minutes

2.1 Minutes of the Orange Regional Museum Committee - 15 August 2016

TRIM Reference: 2016/2858

RESOLVED - 16/506 Cr R Turner/Cr J Davis

That the recommendations made by the Orange Regional Museum Committee at its meeting held on 15 August 2016 be adopted, with the correction of “Orange Regional Museum Foundation” to “Orange Regional Museum Fund” in items 3.3 and 4.1.

2.2 Minutes of the Orange and Cabonne Road Safety Community Committee Meeting - 12 October 2016

TRIM Reference: 2016/2633

RESOLVED - 16/507 Cr K Duffy/Cr J Davis

That the recommendations made by the Orange & Cabonne Road Safety Community Committee at its meeting held on 12 October 2016 be adopted.

2.3 Minutes of NAIDOC Week Working Committee - 14 October 2016, 21 October 2016, 28 October 2016 and 4 November 2016

TRIM Reference: 2016/2634

RESOLVED - 16/508 Cr C Gryllis/Cr J Davis

That the recommendations made by the NAIDOC Week Community Committee at its meeting held on 14 October 2016, 21 October 2016, 28 October 2016 and 4 November 2016 be adopted.

2.4 Minutes of the Central West Libraries Committee - 26 October 2016

TRIM Reference: 2016/2819

RESOLVED - 16/509 Cr R Kidd/Cr C Gryllis

That the recommendations made by the Central West Libraries at its meeting held on 26 October 2016 be adopted.

2.5 Minutes of the Ageing and Access Community Committee - 3 November 2016

TRIM Reference: 2016/2756

RESOLVED - 16/510 Cr J Davis/Cr C Gryllis

That the recommendations made by the Ageing and Access Community Committee at its meeting held on 3 November 2016 be adopted.

QUESTION TAKEN ON NOTICE

A request was made that notice be provided to the NSW Electoral Commissioner of the concerns with access to the returning office in Moulder Street, particularly for people with a disability.

2.6 Minutes of the Community Safety and Crime Prevention Committee - 14 November 2016

TRIM Reference: 2016/2796

RESOLVED - 16/511 Cr C Gryllis/Cr J Davis

That the recommendations made by the Community Safety & Crime Prevention Committee at its meeting held on 14 November 2016 be noted.

MATTER ARISING

RESOLVED - 16/512 Cr J Whitton/Cr S Munro

That Council invite Essential Energy to a Councillor briefing to discuss maintenance levels with the planned reduction in maintenance staff numbers.

3 General Reports

3.1 Choices at Home Ageing and Disability Services Update - 2017

TRIM Reference: 2016/2782

RESOLVED - 16/513 Cr C Gryllis/Cr N Jones

1 That the report from the Community Development and Support Coordinator on the Choices at Home Ageing and Disability Services Update be acknowledged.

2 That Council write to the Australian Government seeking ongoing support for the delivery of the Home Support Program beyond 1 July 2018.

The Meeting Closed at 9.03PM.

Council Meeting 20 December 2016

5.2 Outstanding Questions Taken on Notice

TRIM REFERENCE: 2016/2983

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

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.

Implications in this report

Nil

Policy and Governance Implications

Nil

Recommendation

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

further considerations

SUPPORTING INFORMATION

Attached is a table of outstanding questions taken on notice from the Council Meetings held from 2 February 2016 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.

Attachments

1 Outstanding Questions Taken on Notice, 2014/745 ⇩

Council Meeting 20 December 2016

5.2 Outstanding Questions Taken on Notice

Attachment 1 Outstanding Questions Taken on Notice

2014/745

OUTSTANDING QUESTIONS TAKEN ON NOTICE

COUNCIL MEETINGS

Date of Meeting	Question	Responsible Staff Member	Action	Date for completion
`	Cr Turner requested a review of the quality of mulch and topsoil sold at the Resource Recovery Centre.	Manager Waste Services and Technical Support	Update to be provided to Councillors.	Jan 2017
	Cr Munro requested a report on the provision of facilities/services for people with a disability.	Community Services Manager	Information to be provided to Councillors.	Feb 2017
	A request was made that notice be provided to the NSW Electoral Commissioner of the concerns with access to the Returning Office in Moulder Street, particularly for people with a disability.	Manager Administration and Governance	A letter has been provided to the NSW Electoral Commissioner.	Dec 2016
	Cr Duffy requested an update on the Cycleways project.	Works Manager	Information to be provided to Councillors.	Jan 2017
	Cr Kidd requested a public awareness campaign on the procedure if members of the public find stray animals to include cats, dogs and large animals such as cattle, horses etc to include Council’s after hours system.	Manager Building and Environment	Information being developed and updated on Council’s website.	Dec 2016
	Cr Duffy asked if Council made a submission to Cabonne Council in relation to the recently approved hydroponic sheds.	Planning Team Leader	Information to be provided to Councillors.	Dec 2016
	Cr Jones requested an update on the Kurim Shopping Centre.	Planning Team Leader	Information to be provided to Councillors.	Dec 2016
	Cr Jones requested an update on the development at 161-165 Peisley Street.	Planning Team Leader	Information to be provided to Councillors.	Dec 2016
15 Nov 2016	Cr Duffy requested comparative information on infringements issued over 2015 under the manual system.	Director Development Services	Information to be provided to Councillors.	Dec 2016
1 Nov 2016	Cr Jones requested information on the frequency and monitoring of the No Smoking laws by Department of Health.	Director Community, Recreation and Cultural Services	Information to be provided to Councillors.	Feb 2017
6 September 2016	Cr Gryllis requested that Council invite the President of the Orange Chamber of Commerce to attend either a Council Meeting, or the Economic Development Community Committee meeting, to outline the Chamber’s suggestions on ways to encourage development in the City.	Executive Office Manager	Has been rescheduled to the February briefing session.	Feb 2017
16 Aug 2016	Cr Duffy asked if Council is able to apply a bond for developments in relation to any damage to infrastructure.	Manager Engineering Services	Following detailed investigation into this matter, Council staff believe a damage bond should be applied to development work. A detailed report will be prepared for Councillor’s consideration in the New Year.	Feb 2017
5 Jul 2016	Cr Duffy requested that Essential Energy be asked to review lighting levels around taxi ranks in the City and particularly the taxi rank in Anson Street.	Commercial and Emergency Services Manager	Council staff have undertaken a lighting audit at both taxi ranks. The lighting at both ranks exceed the lux requirements of the Australian Standard.	Dec 2016
2 Feb 2016	Cr Jones requested a briefing to discuss progress on a new caravan park.	Director Corporate and Commercial Services	Councillors have been provided with updates on progress on the relocation of the harness racing facility to Towac Park in two reports to Council (4 October 2016). Planning proposal to seek a re-zoning on the site purchased for a new caravan park at the entry to town have commenced. Item will be added to briefing schedule as updates occur.	Feb 2017

Council Meeting 20 December 2016

5.4 Statement of Investments - November 2016

TRIM REFERENCE: 2016/2913

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 November 2016.

Link To Delivery/OPerational Plan

Financial Implications

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.

Implications in this report

Nil

Policy and Governance Implications

Nil

Recommendation

1 That Council receives the Statement of Investments as at 30 November 2016.

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

further considerations

SUPPORTING INFORMATION

Section 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 November 2016, the investments held by Council totalled $120,319,494.44 and is attributed to the following funds.

	30/11/2016	31/10/2016
General Fund	50,892,545.53	48,680,359.53
Sewer Local Fund	32,566,616.93	31,661,867.43
Water Supply Local Fund	36,860,331.98	36,263,483.15
Orange CBD Special Rate
	120,319,494.44	116,605,710.11

A reconciliation of Council’s investment portfolio provides a summary of the purposes for which Council’s investments are being held.

Externally Restricted	30/11/2016	31/10/2016
General Fund	21,135,061.56	22,178,518.96
Water Fund	34,321,821.51	33,770,684.39
Sewer Fund	32,973,012.21	31,661,867.43
Auspiced	1,522,752.52	1,522,752.42
Internally Restricted	7,654,128.32	9,451,577.88
Unrestricted	22,712,718.32	18,020,308.93
	120,319,494.44	116,605,710.11

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 November 2016 remained at 1.50%. The annualised average interest rate of Council’s investment portfolio at the same reporting date was 3.06% (weighted average 2.97%) which continues to exceed Council’s benchmark i.e. the cash rate of 1.50% 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 November 2016, the AusBond rate was 1.77%. The annualised average interest rate of Council’s investment portfolio at the same reporting date was 3.06%.

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 show 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	Holding	Capacity
0 - 3 Months	100.00%	11.57%	88.43%
3 - 12 Months	100.00%	50.69%	49.31%
1 - 2 Years	70.00%	19.19%	50.81%
2 - 5 Years	50.00%	18.55%	31.45%
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%	22.24%	77.76%
A	60.00%	41.87%	18.13%
BBB & NR	40.00%	32.35%	7.65%
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.

Council Meeting 20 December 2016

5.5 Request For Financial Assistance

TRIM REFERENCE: 2016/2911

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. The report provides details of applications received.

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

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.

Implications in this report

None of the applications are recommended to be funded because there are no uncommitted available funds for the applications attached to the report given both the General Donations and Major Promotions budget have been fully expended.

The Donations Policy is promoted widely as part of the budget process and all applicants (successful or not) who have sought donations in the past couple of years, are individually written to with an invitation for them to make submissions for donations/sponsorships so their allocation is more certain given it is included in the budget processes.

For the first time this year, $2,000 for each Councillor has been reserved to enable Councillors to allocate up to $2,000 each to requests as they arise throughout the year. If any of the attached are supported by a Councillor, an allocation can be made from their remaining allocation. A table is provided below and it will be updated with each report to show how much each Councillor has apportioned to their supported projects.

The overall donations/sponsorship budget for 2016/17 is as follows:

Program	Adopted Budget	Actual/Committed	Remaining balance
General Donations	84,378	84,378*	Nil
Major Promotions	72,127	72,127	Nil

* The allocation of 19 x $100 reserved for school prize giving is accounted for in the actual/committed column of the table. The actual/committed column also includes the Councillor allocation of $24,000 ($2,000 per Councillor) which is available to be allocated by Councillors throughout the year.

Process for the application of the remaining budget allocation

A Council resolution is required to allocate funds to any external entity, including as a donation. Hence, the provision of donations can only occur upon a Councillor’s request being specifically included in a resolution.

Applications are considered against the criteria outlined in the Donations Policy. There is an application form that should be submitted to commence the process of making a donation to another entity. The form contains details that inform Council that the donation aligns with the intentions the Council has established in the Community Strategic Plan.

Where a Councillor has advised they wish to pledge money to a particular cause, the pledge will be noted in the financial assistance report.

The steps to have donations considered are as follows:

1 Applicant completes donations form – available on the Council website or can be sent to the applicant.

2 Application is assessed against the criteria in the Donations Policy and reported to Council in the financial assistance report.

3 Council considers applications at a Council Meeting with Councillors specifically including in a resolution the amount and recipient of any donations supported.

4 In accordance with s356 of the Local Government Act, some donations require advertising and then a report back to Council of any submissions is required (i.e. where the recipient acts for financial benefit for example).

Individual Councillor allocations are as follows:

Councillor	Adopted Budget	Actual/Committed (as resolved)	Remaining balance
Councillor Davis	$2,000	$2,000 – Forbes Flood Appeal	Nil
Councillor Hamling	$2,000	$500 – Canobolas High School $500 – Orange White Ribbon $500 – Clontarf Foundation	$500
Councillor Brown	$2,000	$2,000 - Leukaemia Foundation	Nil
Councillor Duffy	$2,000	$500 – Come Together Choir $500 – Foodcare Orange $500 – Fusion $500 – Carewest Preschool	Nil
Councillor Gander	$2,000	$1,500 – Foodcare Orange $500 - Fusion	Nil
Councillor Gryllis	$2,000	$500 – Canobolas High School $500 – Carewest Preschool $1,000 – Forbes Flood Appeal	Nil
Councillor Jones	$2,000	$2,000 - Riding for the Disabled	Nil
Councillor Kidd	$2,000	$2,000 – Light it Red for Dyslexia	Nil
Councillor Munro	$2,000	$2,000 – Anson St School	Nil
Councillor Taylor	$2,000	$500 – Community Christmas Lunch	$1,500
Councillor Turner	$2,000	$500 – Come Together Choir	$1,500
Councillor Whitton	$2,000	$350 – Riding for the Disabled $500 – Community Christmas Lunch	$1,150

Policy and Governance Implications

Nil

Recommendation

1 That a donation of $500 be made to the Orange Bush Nippers from Cr Hamling’s allocation.

2 That Councillors specify any other donation recipients and the amounts for each donation.

further considerations

SUPPORTING INFORMATION

Orange Bush Nippers Inc.

Is run by volunteers who teach local children aged 3-16 years about water safety, survival swimming, water rescue, and first-aid. Policy position – Complies with policy and if budget had been available staff would have recommended approval of the application. General request of $500 has been made of Council for operational expenses.

· Cr Hamling has pledged to support this request to the value of $500, from his individual allocation. This pledge has been converted into the recommendation.

Tiarah Jade Fisher

Is holding a Charity Ball in conjunction with Rainbow Child Foundation at Emu’s on 21 Jan 2017 to raise funds for underprivileged children throughout the world. $700 has been requested from Council. Policy position – Outside scope of Council Policy so no funding under policy would be applied.

Attachments

1 Donation Table, D16/59438 ⇩

2 Orange Bush Nippers Inc., IC16/19732 ⇩

3 Tiarah Jade Fisher, IC16/19271 ⇩

Council Meeting 20 December 2016

5.6 Changes to the Local Government Act

TRIM REFERENCE: 2016/2885

AUTHOR: Kathy Woolley, Director Corporate and Commercial Services

EXECUTIVE Summary

This report provides Council with a summary of changes to the Local Government Act 1993.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “1.1 Our City - Provide easily obtainable information on the legal responsibilities of Councillors, Council staff and the community”.

Financial Implications

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.

Policy and Governance Implications

Nil

Recommendation

That Council note the amendments to the Local Government Act 1993.

further considerations

SUPPORTING INFORMATION

The attached circulars from the Office of Local Government summarise recent changes to the Local Government Act 1993. These changes arise from the commencement of the outcomes of the NSW Government’s review of the Local Government Act. The Office of Local Government has indicated further amendments will be implemented.

In summary, the changes enacted are as follows:

· New purpose and principles for local government (Chapter 3)

· New roles and responsibilities for Mayors, Councillors and General Manager (Part 2 of Chapter 9)

· New functions for General Managers

· The Auditor General will be appointed as the auditor for all councils with transition schedules set out in Part 8 of the Local Government Act and in the Regulations (s415 and Chapter 13, Part 3)

· Two year term for mayors (s230(1)) applying for Mayors elected on or after 30 August 2016. Councillors will recall the advice provided by the Office of Local Government when the last Mayoral election was held in September 2016 that given the merger proposal, the Mayoral term would be for 12 months only under our circumstances.

· All councillors will be required to swear an oath or affirmation of office (s233A)

· Ongoing professional development will be provided to councillors and attendance at raining will be the subject of a public report

· Determination of the structure of the Council is by the Council in consultation with the General Manager for all senior staff positions. The remainder of the structure is determined by the General Manager (s332)

· Amendment so that Council can delegate the acceptance of tenders and granting of financial assistance (s377 Act) – this item has been considered in the delegations report to this same meeting.

The Office of Local Government has also recently commenced consultation on the Model Code of Conduct and on a proposed Model Code of Meeting Practice.

Attachments

1 Council Circular 16-35 - Phase 1 Amendments - Local Government Act commenced by proclamation, IC16/15207 ⇩

2 Council Circular 16-30 - Local Government Amendment (Governance and Planning), IC16/13517 ⇩

Council Meeting 20 December 2016

5.7 Crown Land Gazettal Gosling Creek

TRIM REFERENCE: 2016/2912

AUTHOR: David Waddell, Director Development Services

EXECUTIVE Summary

NSW Department of Industry has requested that Council provide a resolution to request the Department to add the purpose of "Public Recreation" to the reserve which is currently not the case despite the status of the land being Public Recreation.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “10.1 Our Economy – Capitalise on the character and lifestyle of Orange to enhance tourism”.

Financial Implications

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.

Policy and Governance Implications

Nil

Recommendation

That Council request the Department of Industry - Lands to add the purpose of "Public Recreation" to the Gosling Creek Reserve.

further considerations

SUPPORTING INFORMATION

The Gosling Creek Reserve is Crown Land, under Orange City Council’s trusteeship.

A recent meeting with staff from the NSW Department of Industry – Lands has identified that the Gosling Creek Reserve which is zoned Public Recreation is not include as part of its purpose, a status of Public Recreation. Subsequently, Lands have requested that Council resolve to request the Department add the purpose of "Public Recreation" to the reserve. This will facilitate the use of the Reserve for general public recreation which is consistent with the zoning as well as the conduct of events.

Council Meeting 20 December 2016

5.8 Complaints under Council's Code of Conduct

TRIM REFERENCE: 2016/2924

AUTHOR: Michelle Catlin, Manager Administration and Governance

EXECUTIVE Summary

The General Manager is required to report annually on complaints made under Council’s Code of Conduct.

This report summarises the complaints processed up to 30 September 2016. The statistics provided in this report have been supplied to the Office of Local Government, as required by the Procedures for the Administration of the Code of Conduct.

Link To Delivery/OPerational Plan

Financial Implications

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.

Policy and Governance Implications

Complaints made under the Code of Conduct and managed in accordance with the Procedures for the Administration of the Code. Part 12 of these Procedures requires a report be provided on an annual basis, summarising the complaints made over the year.

Recommendation

That the report on complaints under Council’s Code of Conduct for the 2016 year be acknowledged.

further considerations

SUPPORTING INFORMATION

The Procedures for the Administration of the Code of Conduct require a range of statistics to be reported to Council annually. The following table provides information in relation to Code of Conduct matters dealt with for the twelve months to the start of September 2016.

Required information	Comment
Total number of Code of Conduct complaints made about Councillors and the General Manager under the Code of Conduct in the year to September	4
Number of Code of Conduct complaints referred to a Conduct Reviewer	4
Number of Code of Conduct complaints finalised by a Conduct Reviewer at the Preliminary Assessment stage and the outcome of those complaints	1 complaint finalised, which was referred to a Conduct Reviewer who determined to take no further action. 1 complaint referred back to General Manager to resolve by alternate means
Number of Code of Conduct complaints investigated by a Conduct Reviewer	2
Number of Code of Conduct complaints investigated by a Conduct Review Committee	0
Without identifying particular matters, the outcome of Code of Conduct complaints investigated by a Conduct Reviewer or Conduct Review Committee under the Procedures	Only one matter finalised in the period, with no further action determined by the Conduct Reviewer.
Number of matters reviewed by the Office, and without identifying particular matters, the outcome of the reviews	0
The total cost of dealing with Code of Conduct complaints made about Councillors and the General Manager in the year to September, including staff costs.	$11,828

Council Meeting 20 December 2016

5.9 Tourism Strategy - Completion of Exhibition

TRIM REFERENCE: 2016/2988

AUTHOR: Kathy Woolley, Director Corporate and Commercial Services

EXECUTIVE Summary

The draft Tourism Strategy exhibition has been completed and the report seeks to formalise the Strategy.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “10.1 Our Economy – Capitalise on the character and lifestyle of Orange to enhance tourism”.

Financial Implications

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.

Policy and Governance Implications

Nil

Recommendation

That the Tourism Strategy be adopted with the noted amendments identified in the report and the proposed activities be considered in future budget preparations.

further considerations

SUPPORTING INFORMATION

The draft Tourism Strategy was considered by Council at the 15 November 2016 meeting. The draft Strategy has been on exhibition and is presented back to Council for adoption.

It is noted that the current situation is that Council has resolved to support the creation of a Transition Board that has been tasked with preparing a proposal for the possible creation of an industry led tourism entity to take on regional tourism promotion. Council will consider the proposal and determine what level of funding it might make available to such an entity via a performance based funding agreement. The Strategy assumes that such an entity will be formed but there was some concern raised in submissions about the confusion the current state of play has created regarding what Council will do and what an industry led entity might end up doing. The Strategy can be updated and will be presented back to Council for amendment as required given the changing environment.

The exhibition period provided an opportunity for feedback on the draft Strategy.

Some of the feedback suggests a lack of clarity around the role of Council and the role of a new industry led entity. With a level of uncertainty about whether the entity will be created as Council awaits the presentation of a proposal from the Transition Board who have been tasked with making a more sophisticated presentation of a model for such an entity to be funded by Council, some lack of clarity is inevitable. If the entity is formed, there will be the ability to clarify more easily the respective roles. This will assist in outlining the process and providing clarity however, further comment will be made in the Strategy update to attempt to detail what an industry led entity might deliver.

There is an array of additional services Council offers that are not being contemplated to be transferred to an industry led entity should it be formed, including:

· Visitor Information Centre Services will remain under Council’s control

· Regional marketing initiatives that are at a broader Central West level, particularly those partnering with Destination NSW as they are government to government initiatives (noting funding agreements made by DNSW direct with event organisers will continue to be the organisers’ responsibility), will continue to be managed by Council – i.e. marketing initiatives with other Councils or the NSW Government entities that cover a region broader than the Orange region of Blayney, Cabonne and Orange LGAs or related specifically to a Council led initiative

· Council’s donations vote of $100,000 per annum and $30,000 major sponsorships vote are largely applied to events and this funding is included in the subsequent years of the current Delivery/Operational Plan

· Council also actively pursues sporting events and uses an agency to find and book events. Council has allocated over $80,000 in the 2016/17 year for hosted sporting events which is around $20,000 more than previous years

· Council also provides $50,000 per annum for capital works by sporting groups to do improvements to facilities.

· The Theatre, Museum, Gallery and Caravan Park, Parks, Sportsgrounds and other facilities will all continue to be run by Council.

A summary of the submission is provided below.

Submission from Len Banks

Issue	Suggested amendments to the Strategy
Industry led tourism entity should be well defined and the tourism industry be understood to include community groups as well as commercial operators	Agree. Include in the Strategy the expectation of inclusion of the community groups as part of the tourism sector.
Separation of the duties of the industry led tourism entity and Council will not create a single entity	A clear definition what the responsibilities of the industry led board and council are to be added. Council will continue to offer a range of services not expected to be undertaken by the new entity if it is formed.
Assessing current events should be done by the industry led tourism entity	The Transition Board is tasked with assessing the current events and including in their proposal to Council which events the new entity should seek funding to continue. There is a second process for Council to assess which events offer value for money and to determine where public money will be allocated. The Strategy can be amended to cover both tasks that will ultimately lead to a better assessment of which events are delivered.
Interim arrangement while the new entity is formed are needed	Council resolved to offer a 6 month funding agreement to continue to fund Brand Orange until June 2017. A Transition Board has been put in place to progress the ideas around the new industry led entity. In the interim, Council continues to offer other tourism services in the 2016/17. There will be no interruption to the delivery of services funded by Council while the Transition Board is preparing its proposal for how an industry led tourism entity might be established and what it will do.
Budget allocations need to be clarified	Budget allocations will be clarified in finalising the strategy. There is a vast array of related activities associated with the tourism services Council offers. Only Strategy action items are specifically costed.
No identification of events such as New Year’s Eve, Banjo Paterson Australian Poetry Festival etc.	An addition to the Strategy will outline how Council provides funds to current events. Council has allocated over $150,000 in 2016/17 in donations and funding of events, including those listed, plus many other events. This funding arrangement will be retained and managed by Council as a separate component of its functions. There is no intention for the industry led entity to take on the donations processes Council runs.
Signage issues	The Strategy will be amended to identify the different types of signage so that the tourism signage that is included in the Strategy is put into context of the broader signage works undertaken.
Community engagement materials	The Strategy will be augmented with details of the materials Council produces.

Submission from the Orange Accommodation Group

“This email is to comment on the draft tourism strategy as a representative of Orange Accommodation Group.

The overall draft strategy has solid merit, the content and initiatives are well presented in the strategy. The draft strategy has very achievable and realistic initiatives.

Well done.

However, given the joint venture is now moving forward this entire tourism strategy needs to be amended to reflect that it be driven and taken on in entirety by the industry lead new joint venture as highlighted in the recently held tourism workshops.

Whilst the strategy is a solid document and solid initiatives, it appears quite premature that council adopt it until its reviewed thoroughly by the industry lead joint venture. This was a key point of the tourism workshops.”

Comment on the Orange Accommodation Group submission

The feedback is acknowledged. There is still uncertainty about the creation of an industry led Board and there is still a need for planning for the future. The Strategy will be able to be amended should the industry led entity be formed and can actually be used to inform the new entity on what it could be aiming to deliver, and possibly improve upon, with heightened engagement and participation from industry entities.

Submission from Trevor and Pam King

Issue	Suggested amendments to the Strategy.
Document doesn’t present a vision.	Amendments to better illustrate the vision will be included. The objectives are identified to enable one brand, improve the knowledge about the sector’s offerings and the participation of those offering events and services and to build on the infrastructure.
Increased visitation throughout the year and need to target key markets	The Strategy includes the assessment of events and determining which events should be part of the ongoing offering. It also includes better awareness of the characteristics of visitors to enable more targeted marketing activities. Marketing activities are identified with a heightened involvement being sought from industry to match the dollar contributions for marketing programs being specifically identified.
An effective tagline is required	Consideration of this will be made. The Strategy identifies the need to use visitOrange as the single brand. Establishing the collateral, including taglines, around the brand is a logical next step.
Tourism board membership should be appointed by the industry and there should be more Council representatives on the Board as Council is the key funder	The Transition Board has been tasked with developing the governance model of the new entity. The appointment of Directors to the new entity will be covered in that process. The comments made in the submission will be provided to the Transition Board for their consideration. Good corporate governance suggests a skills based board is the best model given the Directors must act in the interest of the entity at all times.
More focus on increasing the reasons to come to Orange rather than out of region events	There is a review of events identified and this will enable an assessment of the success and value for money they offer. A key issue is identified that all event outcomes will be measured. In particular, the direct visitation arising from the attendance at out of region events will be a key performance indicator and a commonly used simple survey tool is proposed to see operators and service providers plus council’s tourism service centres all collecting relevant information on our visitors in a common manner. This will assist in building better awareness of what drives visitation which can then be tailored into marketing campaigns.
Broader promotion based on history, villages, rural settings, natural features, aboriginal art and culture	There is an identified component in the Strategy to promote the areas specified.
Focus on regional and state awards not local	Council has been advised by Destination NSW that they will not be holding awards in 2017. Council had secured the hosting of the 2017 state awards night but as this has now been cancelled, Council will host in 2018 instead. The idea of a local award was to have an awards process in 2017 anyway for the Central NSW region. There are business awards that are offered to other categories already in place run by others. Interest from other centres in the Central West for a regional events night is yet to be tested.

Attachments

1 Submission - Len and Maria Banks - Tourism Strategy 2016 (For InfoCouncil), D16/61194 ⇩

2 Submission - (Trevor King and Pam King) - Tourism Strategy 2016, IC16/20232 ⇩

Council Meeting 20 December 2016

5.9 Tourism Strategy - Completion of Exhibition

Attachment 1 Submission - Len and Maria Banks - Tourism Strategy 2016 (For InfoCouncil)

General Manager

Attached is a submission in response to the public exhibition of the Draft Orange Region Tourism Strategy 2016-17 to 2018-19. The submission has been prepared in conjunction with David Williams, Murray Spicer and Alicia McDonell, reflecting our views on this very important issue for the Orange region.

There are many more opportunities for Orange to capitalise on tourism, but that depends on a high level of collaboration and active engagement with local community members, all of whom should be advocates for tourism in the region.

I look forward to receiving a response to the issues raised in the submission.

Regards

Len Banks

DRAFT ORANGE REGION TOURISM STRATEGY 2016-17 TO 2018-19

Response to public exhibition

Prepared by:

Len Banks, member of the Rotary Club of Orange, member of the Banjo Paterson Australian Poetry Festival committee, member of the Orange Art Society, worker in Mac-Hire.

Supported by:

· David Williams, member of the Rotary Club of Orange, member of the Banjo Paterson Australian Poetry Festival committee, member of the Orange City Council Economic Development Committee;

· Murray Spicer, member of the Rotary Club of Orange, member of the Banjo Paterson Australian Poetry Festival committee;

· Alicia McDonell, Managing Director of Mac-Hire, member of the St Mary’s Catholic Primary School P&F, member of Brand Orange.

Overview

It is pleasing to see that a Draft Tourism Strategy has been prepared and is available for public comment. It appears to be generally in line with the public engagement meetings held in August 2016 by recognising the need for “industry” involvement in tourism planning and management, the need to engage the local community in tourism promotion and the need to promote the wide range of tourism opportunities in the Orange region.

However there are also some recommendations from the public engagement meetings that fall short in the draft strategy or have no budget; such as building local community engagement, maintenance of heritage icons, and promotion of hero events (festivals).

Industry led tourism entity

The term “industry led” needs to be well defined and understood by all who are working under this Strategy. The tourism “industry” does not only include the commercial sector (such as vineyards, restaurants, accommodation providers etc.). It also includes community organisations made up generally of volunteers; such as service clubs, historical and heritage interest groups, cultural groups, environmental interest groups, sporting clubs, etc. These groups may not have the capacity to coordinate effectively amongst themselves due to limited resources, but with coordination and communication from a central tourism entity, these groups will add enormous value (as well as value for money) to the tourism activity of the region.

Within the draft strategy, there appears to be a notional separation of roles between Council and the industry led tourism entity. Responsibility for any activities that have a local focus has been assigned to a Council officer, whereas responsibility for any out of region activities has been assigned to the industry led tourism entity. This is hardly in the spirit of a single entity as recommended by the public engagement meetings and perpetuates the problem of lack of teamwork. This is particularly evident in the following issues:

· 1E Calendar of events (Council officer);

· 2A in region event survey (Council officer) but out of region survey (industry led tourism entity);

· 2B local businesses recognised in local awards (Council officer) but local businesses recognised in NSW awards programs (industry led tourism entity).

There are also some actions, especially in data collection and surveying, which should be done by an independent body, such as assessing current events to determine value for money. An independent report should then go to the industry led tourism body for consideration of how events should be funded. Obviously Council needs to determine its level of funding for any activity, but in relation to tourism, Council should also be guided by recommendations from the industry led tourism entity.

Budget allocations

It is difficult to reconcile budgets for the various outcomes and actions. Some allocations are for 2016-17 only, others appear to be annual and others are over several years. It is understood that some budgets are not determined for the full strategy period, but it would be good to show in different columns, the budget allocated at this stage for each year of the strategy for each action.

It is also not clear what the Tourism Services Contract allocation is and what it is for. In Outcome 1A it is listed as $50,000 for 2016-17 (covering some actions in 1A, 1B, 1E, and 2A) but in 2C there is mention of the Tourism Services Contract of $400,000, of which only $20,000 is specified in this draft strategy.

There is also mention of a Regional Promotion budget of $60,000 in 2016-17 under 2E, of which only $24,000 is specified in this draft strategy.

While there is an action to assess the current events for their value for money (1B) which will report in February and March 2017, there is no allocation to those events that will be held before that report is considered. For example there is no mention of the New Year’s Eve event or the Banjo Paterson Australian Poetry Festival (to name only 2 that I am aware of) even though Council has made allocations to these events. In addition, planning is well underway for FOOD week (April 2017) and other events to which Council is committed, but with no mention in this draft strategy.

Interim arrangements

It will clearly be some time before the industry led tourism entity is up and running. The draft strategy should therefore detail the involvement of Council and other organisations in managing tourism in partnership in the mean time. This is a strategy for 2016-17 to 2018-19 so it needs to specify how tourism will be or is being managed in 2016-17.

In 1B, there is to be a review of a donations and sponsorship policy with a new policy adopted in February 2017. This is in advance of the assessment of which events should be sponsored (presumably by Council) into the future, so the new policy needs to be flexible enough to recognise changing priorities over time and existing commitments to programs that need to run their current course.

Signage

There needs to be consideration of a wide range of signs. Visitors to the region must be confused by the current array of signs. Signs to wineries are good, but signs to other attractions, surrounding towns and villages and for local events are terrible. For example, drive along the Northern Distributor Road as a tourist (especially with a caravan) and there is little to attract you to stop in Orange. Bunnings, McDonalds and Woolworths advertise their businesses clearly, but where is the signage to the showground, golf courses, schools, the caravan park, Emmaville Cottage, Banjo Paterson Memorial Park, Waratahs, Wade Park, the Aquatic Centre or the Hospital for example?

Community engagement

It is good to see that local community engagement is prominent in the draft strategy; however it has attracted a zero budget allocation. The best way to look after visitors to the region and to ensure that they have a full tourist experience is for every business and every worker who deals with the public to be aware of what is on in the region and to be an active advocate for the activities of the region. This requires the production of resources to have on hand in every business that a visitor may go into (shops, doctors, motels, pubs, government service offices, restaurants etc.). It also requires ongoing updating and therefore an allocation of resources.

I look forward to Council’s response to these issues.

Len Banks

5 Valencia Drive

ORANGE NSW 2800

0428 459 117

Council Meeting 20 December 2016

5.10 Strategic Policy Review

TRIM REFERENCE: 2016/2991

AUTHOR: Michelle Catlin, Manager Administration and Governance

EXECUTIVE Summary

As part of the ongoing review of Council Policies, a new Strategic Policy on related party declarations is required. A draft is presented for public exhibition. This policy is required as a result of a determination by the Australian Accounting Standards Board, that from 1 July 2016, the requirements for related party disclosures will apply to government entities, including local governments.

In the annual statements for 2016/17, Council must disclose related party relationships, transactions and outstanding balances, including commitments.

Link To Delivery/OPerational Plan

Financial Implications

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.

Policy and Governance Implications

Council is required to develop a Related Parties Policy following the determination by the Australian Accounting Standards Board that the requirements for related party transactions now apply to Local Government.

Recommendation

That Council place Strategic Policy ST138 – Related Parties on public exhibition.

further considerations

SUPPORTING INFORMATION

Attached is a draft Strategic Policy covering Related Parties. The Policy will provide the broad parameters for how Council will comply with the requirements set by the Australian Accounting Standards Board, and a more detailed operational procedure is currently being developed which will outline the mechanics of how this compliance will be achieved.

Attachments

1 Draft Strategic Policy - ST138 - Related Parties, D16/60253 ⇩

Council Meeting 20 December 2016

5.10 Strategic Policy Review

Attachment 1 Draft Strategic Policy - ST138 - Related Parties

RELATED PARTIES

ST138 F22

ObjectiveS

From July 2016, the Australian Accounting Board Standard – Related Parties Disclosures (AASB 124) applies to councils in New South Wales.

Council is required to disclose Related Party Transactions and Relationships and Key Management Personnel compensation in the annual Financial Statements to comply with AASB 124.

Applicability

Key Management Personnel named in this policy.

General

AASB 124 framework and requirements

The Policy establishes that Related Parties and Key Management Personnel will be identified such that transactions between Council and Related Parties can be identified and where assessed as being required to be disclosed, be reported in the annual Financial Statements in accordance with AASB 124.

AASB 124 requires that Council must disclose the following financial information in its annual Financial Statements:

· disclosure of any Related Party relationships outlining the relationship with any Related Parties or subsidiaries (where applicable), whether or not there have been transactions within the relevant reporting period

· Key Management Personnel (KMP) Compensation Disclosures

The disclosure of Related Parties information requirements under AASB 124 are additional to those in place under Section 449 of the Local Government Act 1993 regarding the annual returns disclosing interests of Councillors and designated persons. Additionally, the requirements under this Policy do not supplant the responsibilities to declare conflicts of interest as identified in the Council’s Code of Conduct.

In the preparation of the annual Financial Statements, an assessment of the materiality and significance of the Related Party Transactions will be made to determine the level of disclosure.

AASB 124 identifies that the purpose of disclosing Related Parties is to assess where transactions or relationships could impact on the profit and loss of an entity. This may be because a Related Party may enter into transactions in a manner that other parties may not due to the relationship with the Council or Key Management Personnel. Alternatively, there may be a personal relationship between a Key Management Personnel and their relatives or other persons that could influence the transactions of the Council with another party.

Key Management Personnel are responsible for planning, directing and controlling the Council.

Key Management Personnel are required to identify Related Parties and Related Transactions that they expect will or do occur between those Related Parties and Council. Council will itself have Related Parties and Related Transactions which similarly need to be identified.

The Policy identifies the requirement to capture disclosures of Related Parties and Transactions between those Parties and Council and the need to collate the disclosures in a Register. The Register will be used to prepare the required components for inclusion in the annual Financial Statements.

Related Parties Identification and Disclosure timetable

Disclosures of Related Parties and Transactions will be required of Key Management Personnel at least twice annually.

The due dates for Disclosures will be 15 January and 15 June annually.

Key Management Personnel should provide updates on Related Parties and Transactions as issues arise by submitting an updated Related Parties Disclosure Form at times other than the two collection dates listed above if their situation changes.

The Council will also disclose any Related Parties and Related Transactions for inclusion in the Related Parties Disclosures register by 15 January and 15 June annually.

Related Parties Disclosure Register

Information collected on the Related Parties Disclosure Form (attached) will be securely stored in Council’s Related Parties Disclosure Register.

Access to the Related Parties Disclosure Register will be available only to those who may lawfully be granted access after consideration of matters of privacy and other legislative requirements.

The Related Parties Disclosures Register will be used as the basis for the information included in the annual Financial Statements to satisfy the Related Party reporting requirements.

The Manager Financial Services is responsible for the updating and maintenance of the Related Parties Disclosures Register.

KEY MANAGEMENT PERSONNEL (KMP)

Key Management Personnel are identified as those persons having authority and responsibility, either directly or indirectly, for planning, directing and controlling the activities of the entity.

Orange City Council has identified as Key Management Personnel:

· Councillors

· Administrators

· General Manager

· Directors

Compensation Disclosure requirements

KMP Compensation Disclosures require that information on all forms of paid, payable, or provided in exchange for services provided must be disclosed.

This information may include:

· Short-term employee benefits - such as:

o wages, salaries and social security contributions

o paid annual leave and paid sick leave

o profit sharing and bonuses (if payable within twelve months of the end of the period

o non-monetary benefits (such as medical care, housing, cars and free and subsidised goods or services) for current employees.

· Post-employment benefits such as:

o pensions, other retirement benefits

o post employment life insurance

o post-employment medical care

· Other long-term employee benefits, including:

o long-service leave or sabbatical leave

o jubilee or other long-service benefits

o long-term disability benefits

o and, if they are not payable wholly within twelve months after the end of the period, profit sharing, bonuses and deferred compensation

· Termination benefits.

Close members of the family of KMP

The method for identifying the close family members and associated entities of KMP will be by KMP self-assessment with details to be submitted on the Related Parties Disclosure form.

KMP have an ongoing responsibility to advise Council immediately of any changes to Related Parties and associated Transactions.

Close family members of the KMP are those family members who may be expected to influence, or be influenced by, that person in their dealings with the Council, and include:

· that person’s children

· that person’s spouse/domestic partner

· children of that person’s spouse/domestic partner

· dependants of that person or that person’s spouse/domestic partner.

In addition to those family member identified above as close family members, a KMP may have other members of their extended family who they should identify as close family members if these family members could be expected to influence, or be influenced by, that person in their dealings with Council. This could include:

· that person’s brothers and sisters

· that person’s spouse/domestic partner’s brothers and sisters

· aunts, uncles, and cousins of that person’s or that person’s spouse/domestic partner

· dependants of those person’s or that person’s spouse/domestic partner

· that person's or that person's spouse/domestic partners', parents and grandparents.

It is the responsibility of KMP to assess and report all related parties that they know do, or expect are likely to, have transactions with Council.

RELATED PARTIES AND RELATED PARTY RELATIONSHIPS

Related Party

A Related Party is:

a) a person who is a close family member of a KMP where that person has control or joint control of the reporting entity or has significant influence over, or could be influenced by any nominated person in the key management personnel.

b) an entity related to the Council if the entity is the member of the same group of companies (e.g. parent company or one of its subsidiaries), is part of arrangements such as joint ventures or is an associate of the reporting entity, is a post employment benefit plan, is an entity controlled, jointly controlled or is significantly influenced by a person identified in (a), is an entity that a person identified in (a) is a key management personnel of, as a related party.

Entities frequently carry on parts of their activities through subsidiaries, joint ventures and associates. Entities may also include companies, trusts, partnerships, incorporated association or unincorporated groups or bodies and non-profit associations such as sporting clubs. In those circumstances, there is the possibility of the entity having the ability to affect the financial and operating policies of Council through the presence of control, joint control or significant influence.

A KMP and the Council needs to consider what associated entities exist when compiling their Related Parties Disclosures form.

Related Party Relationships

Related Party relationships are a normal feature of commerce and business.

A Related Party relationship could influence the normal business operations of Council even if Related Party Transactions do not occur.

The mere existence of the relationship may be sufficient to affect the transactions of the Council with other parties.

Related Party Transactions

Related Party Transactions are the transfer of resources, services or obligations between Council and a related party. They are considered to be transactions whether or not a price is charges.

Such transactions may include:

· purchase or sale of goods (finished or unfinished)

· purchase or sale of property and other assets

· rendering or receiving services

· leases

· transfers of research and development

· transfers under licence agreements

· transfers under finance arrangements (including loans and equity contributions in cash or in kind)

· provision of guarantees or collateral

· commitments to do something if a particular event occurs or does not occur in the future, including executory contracts (recognised and unrecognised)

· quotations and/or tenders

· commitments

· settlements of liabilities on behalf of Council or by Council on behalf of the related party.

Regard must also be given if transactions that are collectively or individually significant.

ISSUES THAT WILL BE ASSESSED IN CONSIDERING RELATED PARTY TRANSCTIONS

The Disclosure process will consider all transactions between Council and persons and entities the Council or KMPs have named as related parties.

Collations of the disclosures may be made in some circumstances. AASB 124 provides that Council must disclose all material and significant Related Party Transactions and outstanding balances, including commitments, in its annual Financial Statements. Generally, reporting will be made where a transaction has occurred between Council and a related party of Council where the transaction is material and/or significant in nature or size when considered individually or collectively.

For the purpose of this policy, it is not considered appropriate to set either a dollar value or a percentage value to determine materiality. In preparing the information for the annual Financial Statements, the Council will consider the information in the Related Parties Disclosures Register on the basis of materiality and significance.

Ordinary citizen transactions

Ordinary citizen transactions do not need to be disclosed on the basis of services being available to all citizens at the same fee or level of service. Examples include:

· paying rates and charges

· paying normal entry fee for use of the Council’s swimming pool

· attending the theatre when tickets have been bought at prices other patrons would pay

· fines on normal terms and conditions

DISCLOSURES

AASB 124 provides that Council must disclose all material and significant Related Party Transactions in its annual Financial Statements by aggregate or general description and include the following detail:

· the nature of the Related Party Relationship, and

· relevant information about the transactions including:

o the amount of the transaction;

o the amount of outstanding balances, including commitments, and

o their terms and conditions, including whether they are secured, and the nature of the consideration to be provided in the settlement; and

o details of any guarantee given or received;

· provision for doubtful debts related to the amount of outstanding balances; and

· the expense recognised during the period in respect of bad or doubtful debts due from Related Parties.

Generally, transactions with amounts receivable from and payable to KMP or their Related Parties which occur within normal employee, customer or supplier relationships and at arm’s length and are not material or significant, shall be excluded from detailed disclosures, but they will be disclosed in the financial statements by general description.

Disclosures that Related Party Transactions were made on terms equivalent to an arm’s length transaction can only be made if such terms can be substantiated.

Review of this policy

This policy will be reviewed annually but may also be reviewed if any of the following occur:

· corporate restructure that impacts on the KMPs,

· legislative, accounting standard or Local Government Code of Accounting Practice change that impacts on the application of the Policy, or

· other circumstances as determined from time to time by a resolution of Council

Related Policies/Documents

Related Party Disclosure form (attached)

Local Government Act 1993

Australian Accounting Board Standard – Related Parties Disclosures AASB 124

Council’s Code of Conduct

Related Parties Operational Policy

Responsible Area – Corporate and Commercial Services

REVISION
	DATE	RESOLUTION		DATE	RESOLUTION
1	December 2017 – New policy		6
2			7
3			8
4			9
5
All policies can be reviewed or revoked by resolution of Council, at any time.

SUMMARY OF AMENDMENTS

Amendment Date	Section/Reference and Amendment
Dec 2017	New Policy

Council Meeting 20 December 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.

Recommendation

6.1 Proposed acquisition of land/easements - Southern Cyclelink

6.2 Easement Purchase for Sewer Main - 98 Gorman Road Lot 1 DP 581736 Gorman Road, Orange

6.3 Tender - Monitoring and Reporting for Operation Environmental Management Plan for Orange Raw Water Supply System

6.4 Tender for reconstruction of Burrendong Way Stage 4

6.5 Inquiry for Potential Sale of Land

6.6 Land sale heads of agreement

6.7 Complaints under Orange City Council Code of Conduct (Restricted)

Name of related person or entity	Relationship of KMP with the person or entity	Nature of transaction(s)