Agenda of Council Meeting

ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 21 February 2017

COMMENCING AT 7.00pm

1 Introduction

Attendance

Cr J Davis OAM (Mayor), Cr J Hamling (Deputy Mayor), Cr A Brown, Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr N Jones, Cr S Munro, Cr G Taylor (7.06pm), 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 Corporate and Community Relations, Operations Manager, Water Treatment Manager, Commercial & Emergency Services Manager, Water & Sewerage Strategic Manager, Works Manager

RESOLVED - 17/038 Cr K Duffy/Cr C Gryllis

That Council allow Channel 9 news to record the Council Meeting.

1.1 APOLOGIES

RESOLVED - 17/039 Cr C Gryllis/Cr S Munro

That the apologies be accepted from Cr R Kidd and Cr R Turner for the Council Meeting of Orange City Council on 21 February 2017.

1.2 OPENING PRAYER

ANDREW CUNNINGHAM OF THE ORANGE UNITING CHURCH LED THE COUNCIL IN PRAYER

1.3 ACKNOWLEDGEMENT OF COUNTRY

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

Nil

LATE ITEMS

RESOLVED - 17/040 Cr K Duffy/Cr R Gander

That the following late items be dealt with at the meeting of Orange City Council held on 21 February 2017.

· Item 4.2 (Council) Notice of Motion – Meeting with Deputy Premier by Cr Gander

· Item 4.3 (Council) Notice of Motion – Forest Road Bridge Works by Cr Taylor

· Item 5.8 (Council) Improved Operating Procedures for Valves and Hydrants

· Item 6.2 (Closed Council) Tender F2396 – Construction of Concrete Roundabouts and Additional Traffic Facilities

2 Mayoral Minutes

Nil

3 Confirmation of Minutes of Previous Meeting

RESOLVED - 17/041 Cr J Whitton/Cr K Duffy

That the Minutes of the Ordinary Meeting of Orange City Council held on 7 February 2017 (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 7 February 2017.

4 Notices of Motion/Notices of Rescission

4.1 Harvest Tourism by Cr Gryllis

TRIM Reference: 2017/115

RESOLVED - 17/042 Cr C Gryllis/Cr K Duffy

1 That a report be presented to Council outlining the impact of harvest tourism on the Orange economy and what plans there are to support this sector in the coming year.

2 That Orange City Council work with Cabonne Council to support growth in this sector that could include a picking train from Central Station with connections to local transport services and orchards.

** Cr Taylor arrived with the time being 7.06pm **

4.2 Meeting with Deputy Premier by Cr Gander

TRIM Reference: 2017/301

RESOLVED - 17/043 Cr R Gander/Cr C Gryllis

1 That Orange City Council invite Deputy Premier, John Barilaro MP, to meet with Orange City Councillors and Senior Staff at the Orange Civic Centre.

2 That Council invite other relevant politicians to meet with Council at a later date.

4.3 Forest Road Bridge Works by Cr Taylor

TRIM Reference: 2017/300

RESOLVED - 17/044 Cr G Taylor/Cr J Whitton

That Council seek to negotiate with the Federal and State Government to defer the works on the Forest Road bridge until the next section of the Southern Feeder Road is complete.

5 General Reports

5.1 Recommendations and Resolutions from Policy Committees

TRIM Reference: 2017/194

RESOLVED - 17/045 Cr R Gander/Cr J Hamling

1 That the resolutions made by the Planning and Development Committee at its meeting held on 7 February 2017 be noted.

2 That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 7 February 2017 be noted.

3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 7 February 2017 be noted.

4 That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 7 February 2017 be noted.

5 That the resolutions made by the Environmental Sustainability Development Policy Committee at its meeting held 7 February 2017 be noted

6 That the resolutions made by the Finance Policy Committee at its meeting held on 7 February 2017 be noted.

7 That the resolutions made by the Services Policy Committee at its meeting held on 7 February 2017 be noted.

5.2 Outstanding Questions Taken on Notice

TRIM Reference: 2017/195

RESOLVED - 17/046 Cr J Hamling/Cr R Gander

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

5.3 Statement of Investments - January 2017

TRIM Reference: 2017/179

RESOLVED - 17/047 Cr C Gryllis/Cr S Munro

1 That Council receives the Statement of Investments as at 31 January 2017.

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

5.4 Quarterly Budget Review and Performance Indicators

TRIM Reference: 2017/124

RESOLVED - 17/048 Cr K Duffy/Cr S Munro

1 That the information provided in the report by the Director Corporate and Commercial Services on the Quarterly Budget Review and Performance Indicators – October to December 2016, be acknowledged.

2 That the variations arising from the December Quarterly Budget Review, amounting to an improvement of $2,790,682, be adopted.

5.5 At the Vineyard's Concert at Borrodell

TRIM Reference: 2017/238

RESOLVED - 17/049 Cr S Munro/Cr J Whitton

That Council assist in the promotion of the At the Vineyard’s event via a social media campaign.

5.6 Draft Infill Guidelines

TRIM Reference: 2017/111

RESOLVED - 17/050 Cr J Hamling/Cr K Duffy

That Council adopts the Infill Guidelines as a requirement for development on land on or adjoining a heritage item and within Heritage Conservation Areas; and resolves to prepare and place on public exhibition, in accordance with the Environmental Planning & Assessment Act and associated regulations, an amendment to Orange Development Control Plan 2004 to incorporate such provisions.

5.7 Building Better Regions Funding Submission

TRIM Reference: 2017/250

RESOLVED - 17/051 Cr K Duffy/Cr S Munro

1 That Council support the submission of an application under the Building Better Regions Fund (BBRF) for the construction of a four leg roundabout at the intersection of William Maker Drive and the Northern Distributor Road, including the realignment of Hill Street adjacent to the Orange Botanic Gardens.

2 That Council commit to matching funding for this project of up to $2M from development contributions and other funding sources as needed.

5.8 Improved Operating Procedures for Valves and Hydrants

TRIM Reference: 2017/296

RESOLVED - 17/052 Cr C Gryllis/Cr G Taylor

That Council acknowledge the report by the Director Technical Services on Improved Operating Procedures for Valves and Hydrants.

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.

Mr Cyril Smith requested Item 6.1 – Termination of Contract, not be dealt with in Closed Council as Mr Smith did not have enough information about the nature of the item to make a submission about whether or not it should be considered in a Closed Meeting.

RESOLVED - 17/053 Cr R Gander/Cr J Hamling

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 Termination of Contract

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 (e) information that would, if disclosed, prejudice the maintenance of law.

6.2 Tender F2396 - Construction of Concrete Roundabouts & Additional Traffic Facilities

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

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 8.43pm.

The Mayor declared the Ordinary Meeting of Council resumed at 9.10pm.

7 Resolutions from Closed Meeting

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

6.1 Termination of Contract

TRIM Reference: 2017/143

RESOLVED - 17/054 Cr C Gryllis/Cr N Jones

1 That Council note that Hibbo Hire Pty Ltd do not intend to complete the works under contract on the Widening of the East Orange Channel Byng Street to McLachlan Street (F2202) and have removed materials and amenities from the site.

2 That pursuant to Section 55(3)(i) and (k) of the Local Government Act 1993 NSW that Council complete the widening of the East Orange Channel Byng Street to McLachlan Street without further tendering because extenuating circumstances exist which require Council to undertake emergency works to ensure against damage to the environment and private property.

3 That Council make every effort to pursue its costs and/or damages from Hibbo Hire Pty Ltd to which it is entitled under the Contract or at law.

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

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

6.2 Tender F2396 - Construction of Concrete Roundabouts & Additional Traffic Facilities

TRIM Reference: 2017/295

RESOLVED - 17/055 Cr C Gryllis/Cr J Hamling

1 That Council decline to accept any of the tenders for the construction of concrete roundabouts and additional traffic facilities, tender number F2396 as a result of all tenders exceeding the available budget.

2 That Council cancel the proposal to contract the construction of concrete roundabouts and additional traffic facilities contemplated in the tender.

3 That Council note that extenuating circumstances exist, being a better outcome would not be achieved within the available timeframe by inviting fresh tenders or applications.

4 That Council staff project manage the construction of the Wentworth/Kenna intersection realignment with Council staff undertaking the majority of works within the existing project budget.

5 That the General Manager be authorised to enter into negotiations with suitably qualified organisations to meet time and cost objectives to deliver the construction of concrete roundabouts at Moulder Street and Woodward Road, and Lords and March Streets.

6 That Council staff liaise with the Roads and Maritime Service to source any possible additional project funding to enable these projects to proceed.

7 That permission be granted to affix the Council Seal to all documents if required.

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

The Meeting Closed at 9.13pm

This is Page Number 12 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 21 February 2017.

Council Meeting 7 March 2017

5 General Reports

5.1 2017 National General Assembly of Local Government Call for Motions

TRIM REFERENCE: 2017/323

AUTHOR: Catherine Thomas, Executive Support Manager

EXECUTIVE Summary

Council has received correspondence regarding the 2017 National General Assembly of Local Government to be held in Canberra from 18 to 21 June 2017. The correspondence calls for motions to the Assembly to be submitted by 21 April 2017.

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.

Policy and Governance Implications

Nil

Recommendation

1 That Council determine any motions for submission to the National General Assembly.

2 That Council determine which Councillors will represent Orange at the National General Assembly to be held 18 to 21 June 2017.

further considerations

Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.

SUPPORTING INFORMATION

The National General Assembly (NGA) of Local Government will be held in Canberra from 18 to 21 June 2017.

The theme for this year’s Assembly is “Building Tomorrow’s Communities”.

Attached for the information of Councillors is a discussion paper on the call for motions for the Assembly. The attachment identifies the parameters for motions.

The NGA typically attracts more than 700 Mayors, Councillors and senior staff across Australia, and provides an opportunity to contribute to the development of national local government policy. Those motions adopted by the NGA are pursued by the Australian Local Government Association.

The Mayor and General Manager generally attend the National General Assembly however other interested Councillors may also attend.

Attachments

1 National General Assembly of Local Government - Building Tomorrow's Communities - 18-21 June 2017, IC17/3033 ⇩

Council Meeting 7 March 2017

5.2 Classification of land - Buckland Drive

TRIM REFERENCE: 2017/276

AUTHOR: Michelle Catlin, Manager Administration and Governance

EXECUTIVE Summary

This report seeks Council’s consent to classify land situated at Lot 439 DP 1228050 Buckland Drive, Orange, acquired for the purposes of drainage reserve, 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

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

Classifying this land as Operational Land will allow Council to utilise this parcel as a drainage reserve in accordance with the Local Government Act 1993.

Recommendation

1 That Lot 439 DP 1228050 Buckland Drive be classified as Operational Land pursuant to Chapter 6, Part 2 of the Local Government Act 1993.

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

further considerations

SUPPORTING INFORMATION

As part of the subdivision of Lot 348 DP 1208773, the developer was required in accordance with Council’s development consent and the Orange Development Control Plan 2004, to create a lot for a flood path from the adjoining land. Council acquired such land through the subdivision. The parcel has an area of 161.7m². This report seeks to classify this parcel, known as Lot 439 DP 1228050, as Operational Land. The subject land is shaded on the plan below.

Council Meeting 7 March 2017

5.3 Classification of Land - Bulgas Road

TRIM REFERENCE: 2017/331

AUTHOR: Michelle Catlin, Manager Administration and Governance

EXECUTIVE Summary

This report seeks Council’s consent to classify land situated at Lot 990 DP 1196320 Bulgas Road, Orange, acquired for the purposes of drainage reserve, as Operational Land.

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

Nil

Recommendation

1 That Lot 990 DP 1196320 be classified as Operational Land pursuant to Chapter 6, Part 2 of the Local Government Act 1993.

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

further considerations

SUPPORTING INFORMATION

As part of the Suma Park upgrade Council was required to acquire a section of land from an adjoining land owner to enable works to be undertaken. The parcel has an area of 326 m². This report seeks to classify Lot 990 DP 1196320 as Operational Land to enable Council to carry out any future drainage works. The subject land is shaded on the map below.

Council Meeting 7 March 2017

5.4 Boundary Change

TRIM REFERENCE: 2017/360

AUTHOR: Garry Styles, General Manager

EXECUTIVE Summary

This report details a recent approach from the Cabonne Eastern Rural Sector Group (CERSG) seeking Council support for a proposed boundary change. This approach comes after the recent announcement by the NSW Government that it is no longer progressing a proposed merger between Blayney, Orange and Cabonne Councils.

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

Nil

Recommendation

1 That Council reaffirm its support for boundary change.

2 That Council support in principle the Cabonne Eastern Rural Sector Group proposal.

3 That Council engage in dialogue with Cabonne Council on this matter.

further considerations

SUPPORTING INFORMATION

Recently the NSW Government announced that it was not proceeding further with the remaining NSW Government initiated proposed mergers in several locations across NSW including the Blayney, Cabonne and Orange proposed merger.

In recent weeks it is understood that a meeting was held with Deputy Premier The Hon. John Barilaro attended by a number of residents (circa 70 attendees reported) including some Orange Councillors, NSW Farmers representatives and other residents, where the matter of the reactivation of the 2011 CERSG Boundary Adjustment Submission was put forward with support from a number of those present including NSW Farmers. The CERSC proposal is a community led boundary change proposal. It is understood that a large majority of this group reside in the eastern area of Cabonne, the subject area of the proposed boundary change.

Since then, the CERSG has met with the Mayor and senior staff, advising of their intent to re-activate the 2011 boundary change submission. The CERSG has publicly announced their intention to seek to re-activate the boundary submission from 2011 and have written to Orange City Council in that regard. It is understood that a meeting has also been held with Cabonne Council.

The letter from the CERSG is attached to this report along with relevant recent media articles and releases.

The 2011 submission is provided under separate cover.

The CERSG has requested support from Orange City Council in undertaking the boundary adjustment.

During the recent merger proposal process alternatives to mergers such as boundary change were mooted by various parties.

As part of the process going forward on this matter, it would be appropriate that Orange City Council meet or otherwise communicate with Cabonne Council to exchange views on this option. This action is recommended to Council.

Orange City Council’s resolved position on the matter of both boundary change and mergers is as follows:

Council resolved on 23 June 2015:

2.1 Fit for Future Submission

TRIM Reference: 2015/1552

RESOLVED - 15/001 Cr S Munro/Cr K Duffy

That Council endorse the Fit for Future submission outlining:

1 A standalone proposal showing that Council satisfies the criteria noting that both Blayney and Cabonne declined to proceed with a merger option as recommended by the Independent Local Government Review Panel; and that should a merger not occur, Council identify to the NSW Government a desire to see full consideration of appropriate boundary changes.

Council resolved on 17 November 2015:

2.1 Fit for the Future

TRIM Reference: 2015/3068

RESOLVED - 15/002 Cr R Gander/Cr S Munro

That in response to the NSW Government’s Fit for the Future program and the findings of IPART, Orange City Council:

4 In the event of a merger with Blayney and Cabonne Councils or either Blayney Council or Cabonne Council singularly that it be recommended to the newly merged Council that it seek sensible boundary changes over the areas of the current Local Government Areas of Cabonne, Blayney and Orange.

During the debate/discussion in recent years about mergers, numerous supportive comments have been made in favour of boundary change. This has been without reference to what the specific boundary change may generally be.

A CERSG submission received by the Minister is referred to either the Boundaries Commission or the Departmental Chief Executive (or their delegate).

An assessment of proposals is done against specific criteria which would allow consideration of the request from the CERSG. Submissions can be made by councils impacted by a proposal. The Minster is required to refer a submission that indicates the proposal is not supported from an impacted Council to the Boundaries Commission (Local Government Act s218F(6)). The Minister ultimately determines if a proposal is to be recommended to the Governor for a proclamation to be made and thus the decision is ultimately made by the NSW Government.

Given the resolved position of Orange City Council, informed by the many debates on mergers and alternatives over recent years, it would be consistent of Council to support the CERSG to get their community led request heard.

A detailed analysis of the proposal would be undertaken by Council should the matter proceed to a review through the Boundary Commission or Departmental Chief executive (or delegate) to provide specifics of Council’s position on the detail of the proposal.

Alternatively, Council could form the view that it would provide a submission to the Boundary Commission/Departmental Chief Executive should the proposed boundary change progress to an assessment without identifying support or not for the proposal at this stage.

Attachments

1 Request Support - Boundary Change - Cabonne Eastern Rural Sector Submission, IC17/2644 ⇩

2 Letter from NSW Farmers seeking support for Boundary Adjustment, D17/8687 ⇩

3 CWD article - Orchard hosts the deputy premier, D17/8561 ⇩

4 CWD article - No merger, but links between Orange and Blayney must be kept: Mayor, D17/8560 ⇩

5 CWD article - Eastern Cabonne residents want to move from Cabonne Council to Orange, D17/8563 ⇩

6 Media Release - Amalgamation by Stealth, D17/8558 ⇩

7 Media Release - Eastern Cabonne Boundary Adjustment, D17/8562 ⇩

Council Meeting 7 March 2017

5.4 Boundary Change

Attachment 1 Request Support - Boundary Change - Cabonne Eastern Rural Sector Submission

The Mayor , Mr John Davis

Orange City Council

Orange 2800

Tuesday, 14 February 2017

Dear Councillor John Davis, Mayor and fellow Councillors

Dear John

We are writing to you to seek Orange City Councils support of our submission to the Minister of Local Government.

As you are well aware we are requesting the Eastern Section of Cabonne to be made as a boundary adjustment to Orange City Council.

Please find enclosed a copy of a letter sent to the new Local Government Minister, The Hon. Gabrielle Upton MP, Minister for Local Government.

We are aware that your council unanimously supported sensible boundary adjustment in the now finalised review process.

Yours sincerely

W S Trimmer (Bill)

Chairman

The Hon. Gabrielle Upton MP Tuesday, 14 February 2017

Minister for Local Government

Parliament House , Sydney 2000

Vaucluse@parliament.nsw.gov.au

Dear Minister

My name is Bill Trimmer. I am the chairperson of the Cabonne Eastern Rural Sector that lodged a submission to be forwarded to the Boundary Commission. This letter is to confirm as Chair the following process.

We originally lodged the Submission with the then Minister Hon Don Page in November 2011. We were advised that the Submission would not be acted upon until the whole Local Government Review process was over. Today that decision was made with the Amalgamation of Cabonne, Blayney and Orange Councils been halted.

We wish to meet with you to discuss the ignition of our Submission in Sydney with yourself, The Hon John Barilaro, MP Deputy Premier, The CEO of the Office of Local Government Tim Hurst.

We have also had numerous discussions with Ms Sue Hartley from the Office of Local Government.

I am also aware The Hon. Mr Barilaro MP Deputy Premier has met with members of our Committee on a recent visit to Orange at Mr Guy Gaeta’s property. They have requested the same. We are also aware that the Mayor of Cabonne and Mrs Marj Bollinger met with the Deputy Premier just recently and said they would accept suggested Boundary Adjustments.

We would be happy to meet at your earliest convenience. A suitable time for us is next Wednesday in the AM. As the Eugowra Community have a submission in as well, we are happy to link with them in the same discussion. Numerous copies of the Submission have been given to The Hon. Mr Barilaro MP Deputy Premier. As you can see we have been waiting a considerable time and are eager to ignite this process.

Thank you for your time and consideration and look forward to our meeting.

Yours Sincerely

W S Trimmer (Bill)

CC : John Barilaro, Deputy Premier MP monaro@parliament.nsw.gov.au

Council Meeting 7 March 2017

5.4 Boundary Change

Attachment 5 CWD article - Eastern Cabonne residents want to move from Cabonne Council to Orange

Eastern Cabonne residents want to move from Cabonne council to Orange

Central Western Daily 21 Feb 2017

Roads, rates and rubbish are the key reasons behind a demand from eastern Cabonne Shire residents for a boundary adjustment that would allow them to join the Orange City Council area.

About 25 farmers, orchardists and residents announced their demands in Robertson Park on Tuesday.

It comes just days after the Premier Gladys Berejiklian announced that the State government had abandoned a forced merger between Orange, Cabonne and Blayney councils.

Ratepayer and orchardist Guy Gaeta said the residents made up about 20 per cent of the Cabonne council area and provided 38 per cent of the council’s rates, but received few services from the Molong-based council.

“We get nothing, it’s a joke,” he said.

“If they can’t look after us why have us?”

Mr Gaeta said the Cabonne ratepayers were paying close to twice the rates of neighbouring Orange rural ratepayers yet they did not get garbage collected and had poor roads.

“The rural residents want to be able to vote and contribute to their local community of interest, which is Orange City rather than Molong, which has no real connections with eastern Cabonne residents.

“These eastern Cabonne ratepayers are subsidising the Cabonne villages and yet are being ignored when it comes to services in the east of the shire, including road maintenance.

“Some of the residents have had to fill in their own dirt road potholes.”

The group will meet Cabonne mayor Ian Gosper on Friday to state its case.

It has asked Cabonne council to pass a motion to allow the change and failing that plan to take the case to the State government to ask the local government minister launch an inquiry.

The residents first sought the change in 2011 but their efforts were stalled by the now-abandoned merger plan.

Another ratepayer and orchardist Fiona Hall said they did not use facilities in Molong, instead went to Orange.

“It does make common sense,” she said.

“I was disappointed the amalgamation didn’t go through.”

Mrs Hall said Cabonne council did not have the resources to expand agri-tourism around Mount Canobolas and Lake Canobolas.

Wayne and Lynette Culverson run three fine wool and prime lamb properties in the region.

Mrs Culverson said they were closer to Orange than Molong.

“We get no services in Cabonne. We shop and do everything in Orange.”

Mr Culverson said local roads urgently needed upgrading as they had “become dangerous.”

Allen Hawke runs a prime lamb farm in Byng and was disappointed the council merger was defeated.

“It was a brilliant PR exercise aided and abetted by those Hadleys and Joneses [radio commentators] who gave it a terrific run.”

NSW Farmers Orange branch chair Bruce Reynolds said they supported the residents as higher rates impacted farmers’ businesses.

Cabonne Council mayor Ian Gosper has called an urgent meeting with disgruntled eastern Cabonne ratepayers to hear their claims.

MAYOR CALLS MEETING WITH RATEPAYERS

Cr Gosper said council first learned this week of the push from ratepayers to have the boundary readjusted to allow them to join Orange City Council.

He said he would meet with the group at the council chamber in Molong on Friday.

However, Cr Gosper said it was “premature” for council to make a comment about the proposal as they were still technically in a merger situation.

“We feel that is a bit premature as we have no official announcement or advice from the Minister for Local Government or the Office of Local Government to state that we are no longer in a merger [with Orange and Blayney councils].”

Premier Gladys Berejiklian announced last Tuesday the merger would not go ahead.

At the time Cr Gosper said the decision vindicated the legal action the council had taken.

“Our communities indicated they are worried about the lack of rural or small town representation an amalgamation with a city council may deliver,” he said.

Orange City Council mayor John Davis said the council was interested in the new push for boundary changes.

“Given where we have been and that we have finished up with no mergers I am not surprised boundary changes are on the table,” he said.

“The people seeking changes are passionate about it and are making a strong case.

“We are obviously interested in where it is heading.”

Cr Davis said there was still interest in mergers.

“In a lot of comments I hear there is surprise mergers are not proceeding and I think because of that the push for boundary adjustments is the silent majority starting to find a voice.

“That’s democracy,” he said.

A group that successfully fought the forced amalgamations said the latest push for boundary changes by ratepayers showed councils needed to work together to solve the issues.

Marj Bollinger, spokesperson for Cabonne Amalgamation No Thank You, said forced amalgamations and holding government inquiries to find solutions to local disputes were expensive and frustrating if ratepayers did not get a say.

“If we could get Orange, Blayney and Cabonne to get together in a cohesive way it would be much better.”

She said the border adjustment proposal would likely be discussed at the group’s next meeting on Wednesday night.

Mrs Bollinger said they needed to look at the costs and benefits.

Council Meeting 7 March 2017

5.4 Boundary Change

Attachment 6 Media Release - Amalgamation by Stealth

CABONNE AMALGAMATION NO THANK YOU

“The Orange Revolution”

MEDIA RELEASE

27^th February, 2017

AMALGAMATION BY STEALTH?

Cabonne Amalgamation No Thank You Chairman Jock Haynes says, “Whilst recognising the rights of all residents in Cabonne to assert their views and also that there are a proportion of residents who were in favour of the forced merger, the best interests for all of our communities must be considered when looking into the issues of boundary changes to ensure that this current push for change isn’t just a case of forced amalgamation by stealth under another name, as significant boundary changes might very well render Cabonne unsustainable.”

Jock went on to say, “Our concern is that these significant boundary changes will cause the death of Cabonne Council and then make a merger inevitable.

We at ANTY have always maintained and believed that we represent the majority of Cabonne residents and this is supported by the swing at Cabonne polling booths (and others) in the Orange by election.

No matter where the boundary lines are drawn some of those favouring a forced merger will remain on the fringes of their preferred Council - Orange City Council.

These residents no doubt have and will have some legitimate grievances as many residents in any council area usually do, however, we hope that many of these issues can addressed through consultation with respective Council representatives.

To cite some examples regarding the conduct of Orange City Council in relation to rural ratepayers as a warning to those wishing for boundary changes –

· The imposition of the Hub waste facility where Orange City (and the NSW Government) rode roughshod over the concerns of nearby farmers.

· The rezoning of industrial land for residential development, where this land is adjacent to orchards, and will significantly impact those farmer’s ability to conduct their operations.

· The complete lack of consultation in relation to the proposed Orange Airport industrial zone.

Bruce Reynolds, who has been vocal in his call for boundary changes congratulated Cabonne Council above Orange City when he said at the Boundaries Commission inquiry that Cabonne Council responded to his request to repair pot holes in one day, whilst it took Orange City two days.

He made the point that Cabonne and Blayney made significant repairs to that road after Orange City had effectively destroyed it by accessing a gravel quarry for the airport upgrade and notes that “Orange City didn’t put in a cent towards fixing it”. Given this we question why a move from his current Blayney shire to Cabonne, rather than Orange City, would not be his preferred option.

Those calling for boundary changes are also quoting one farmer paying $22,000 in rates. This is a significant financial burden based on the fact that in this case, farm land values are driven by factors other than agricultural returns, however many farmers in other parts of Cabonne also pay significant amounts of rates (and probably more than most of those who are supporting boundary changes), and see similar service levels.

We agree that there needs to be a better solution, but also acknowledge that rates are actually a form of land tax, the outcome of which is that all farmers in Cabonne, not just those adjacent to Orange City, pay over the odds for services received. Those with farms crossing both Cabonne and the former Wellington Council will note that farm rates in the now Dubbo Regional Council are around two thirds higher than those in Cabonne, so the issue of different ratings is not unique to those farmers adjoining Orange City.

Cabonne should be looking to resolve any reasonable grievances with those pushing for boundary changes if they are to ensure their ongoing existence, however those wanting change need to be very wary of the motives and past actions of Orange City Council,” Jock said.

Further information or Comment, Jock Haynes 63641054 or Marj Bollinger 63668593