Agenda of Council Meeting

Council Meeting 21 March 2017

Agenda

EVACUATION PROCEDURE

In the event of an emergency, the building may be evacuated. You will be required to vacate the building by the rear entrance and gather at the breezeway between the Library and Art Gallery buildings. This is Council's designated emergency muster point.

Under no circumstances is anyone permitted to re-enter the building until the all clear has been given and the area deemed safe by authorised personnel.

In the event of an evacuation, a member of Council staff will assist any member of the public with a disability to vacate the building.

1 Introduction.. 4

1.1 Apologies and Leave of Absence. 4

1.2 Opening Prayer. 4

1.3 Acknowledgement of Country. 4

1.4 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests. 4

2 Mayoral Minutes. 4

Nil

3 Confirmation of Minutes of Previous Meeting.. 4

3.1 Minutes of the Ordinary Meeting of Orange City Council held on 07 March 2017 5

4 Notices of Motion/Notices of Rescission.. 11

Nil

5 General Reports. 12

5.1 Recommendations and Resolutions from Policy Committees. 12

5.2 Outstanding Questions Taken on Notice. 26

5.3 Statement of Investments - February 2017. 29

5.4 Timetable - Consideration of Integrated Planning and Reporting documents 2017/2021 34

5.5 2017 Local Government Election. 36

5.6 2016/17 Water Consumption/Sewerage Charges - 9 Corporation Place Orange 41

5.7 Aquatic Centre Usage Policy. 42

5.8 Strategic Policy Review.. 49

5.9 Track from Lone Pine Avenue to Shepherd Road. 55

5.10 Accelerated Roads Program Update. 61

6 Closed Meeting - See Closed Agenda.. 66

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

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

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

6.1 Tender for the Construction of Rail Underpass Culvert 68

6.2 Land Sale. 69

6.3 Lease of Hangar Sites - Orange Airport 70

6.4 Robertson Park Toilets. 71

7 Resolutions from closed meeting.. 72

ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 7 March 2017

COMMENCING AT 7.00pm

1 Introduction

Attendance

Cr J Davis OAM (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr S Munro, Cr G Taylor (7.03pm), 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, Works Manager, Communications Officer, Manager Building and Environment

1.1 APOLOGIES

RESOLVED - 17/056 Cr C Gryllis/Cr R Gander

That the apologies be accepted from Cr A Brown, Cr J Hamling (Deputy Mayor) and Cr N Jones for the Council Meeting of Orange City Council on 7 March 2017 and Cr R Kidd leave of absence to the end of April 2017.

1.2 ACKNOWLEDGEMENT OF COUNTRY

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

Cr C Gryllis declared a pecuniary interest in item 6.1 of the Council Meeting - Old Hospital Site Demolition Tender and Option Agreement, as as a Real Estate agent with possible dealings in this matter.

Cr K Duffy declared a significant non-pecuniary interest in item 6.2 of the Council Meeting -Wastewater Negotiations, as his son is employed at Cadia Mine.

2 Mayoral Minutes

Nil

** Cr Taylor arrived at the meeting with the time being 7.03pm*

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.25PM

OPEN FORUM

Ms Roslyn Davidson - Item 4.2 - CCL - Statue - John Patrick Hamilton VC

Sought Council’s agreement to locate the statue of John Patrick Hamilton VC in front of the Memorial Hall.

Mr Ian Carter - Item 2.2 - PDC - DA 61B Moulder Street, Orange

Outlined objection to DA 4/2016(1) – 61B Moulder Street and sought Council defer consideration of the DA pending an inspection.

Mr John Mills - Item 2.2 - FPC - Financial Assistance - Poetry Festival

Mr Mills outlined success of the 2017 Festival and sought Council’s support of the 2018 Festival.

Ms Sally Sutherland - Item 2.2 - PDC - DA 61B Moulder Street, Orange

Ms Sutherland, Architect for the development at 61B Moulder Street, sought Council’s consent for the development.

THE OPEN FORUM CONCLUDED AT 7.27PM

3 Confirmation of Minutes of Previous Meeting

RESOLVED - 17/057 Cr J Whitton/Cr S Munro

That the Minutes of the Ordinary Meeting of Orange City Council held on 21 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 21 February 2017.

LATE ITEMS

RESOLVED - 17/058 Cr C Gryllis/Cr S Munro

That the following late items be dealt with at the meeting of Orange City Council held on 7 March 2017.

· Item 4.1 (Council) - Rescission Motion - Statue - John Patrick Hamilton VC

· Item 4.2 (Council) - Notice of Motion - Statue - John Patrick Hamilton VC

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.27PM

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 9.40PM

4 Notices of Motion/Notices of Rescission

4.1 RESCISSION MOTION - Statue - John Patrick Hamilton VC

TRIM Reference: 2017/416

Motion Cr C Gryllis/Cr R Gander

That Council rescind the part of the following resolution highlighted in bold, having made the decision at the Council Meeting held on 19 May 2015, in relation to the location of the John Patrick Hamilton VC statue:

RESOLVED - 15/187 Cr J Davis/Cr S Munro

1 That Council enter a partnership with the Orange Ex-Services Club, the Federal Government and the NSW Government for the establishment of an appropriate memorial to Private John Hamilton VC, in front of the OCTEC building.

THE RESCISSION MOTION ON BEING PUT TO THE VOTE WAS TIED. THE MAYOR USED THE CASTING VOTE AGAINST THE RESCISSION MOTION.

THE RESCISSION MOTION WAS LOST.

4.2 NOTICE OF MOTION - Statue - John Patrick Hamilton VC by Cr Gryllis

TRIM Reference: 2017/406

this item was not considered as the rescission motion was not adopted.

5 General Reports

5.1 2017 National General Assembly of Local Government Call for Motions

TRIM Reference: 2017/323

RESOLVED - 17/078 Cr K Duffy/Cr J Davis

1 That Council advise the Executive Support Manager of any motions for submission to the National General Assembly.

2 That Council advise the Executive Support Manager if interested in attending the National General Assembly to be held 18 to 21 June 2017.

5.2 Classification of land - Buckland Drive

TRIM Reference: 2017/276

RESOLVED - 17/079 Cr K Duffy/Cr R Gander

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.

5.3 Classification of Land - Bulgas Road

TRIM Reference: 2017/331

RESOLVED - 17/080 Cr K Duffy/Cr R Turner

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.

5.4 Boundary Change

TRIM Reference: 2017/360

RESOLVED - 17/081 Cr R Gander/Cr K Duffy

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.

6 Closed Meeting

In response to a question from the Mayor, the General Manager advised that a written submission had been received from Cyril Smith in relation to Item 6.2.

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 advised that he considered there was insufficient information on item 6.2 to ascertain if he would make a presentation on whether or not it should be in a Closed Meeting.

RESOLVED - 17/082 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 Old Hospital Site Demolition Tender and Option Agreement

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

6.2 Wastewater Negotiations

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, (d)iii information that would, if disclosed, reveal a trade secret and (g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 9.12pm.

The Mayor declared the Ordinary Meeting of Council resumed at 9.40pm.

7 Resolutions from Closed Meeting

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

6.1 Old Hospital Site Demolition Tender and Option Agreement

TRIM Reference: 2017/336

Cr C Gryllis declared a pecuniary interest in this item as a Real Estate agent, left the Chamber, and did not participate in the voting or debate on this item.

RESOLVED - 17/083 Cr R Gander/Cr J Whitton

1 That Council decline to accept any of the tenders for the Old Orange Hospital Site Demolition, tender number F2298, as a result of all tenders exceeding the available budget.

2 That Council cancel the proposal to contract the Old Orange Hospital Site Demolition contemplated in the tender.

3 That Council note that extenuating circumstances exist, being that tenders received did not comply with the 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 suitably qualified organisations for a cost effective solution to the demolition of the Old Orange Hospital.

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

6 That Council enter into an option agreement for part of the Old Orange Hospital Site with Council accepting the offered price as identified in the report if the option is exercised and that an option agreement fee of $50,000 (ex GST) being applied, refundable only upon purchase.

** Cr Gryllis returned to the Chamber. **

6.2 Wastewater Negotiations

TRIM Reference: 2017/355

Cr K Duffy declared a significant non-pecuniary interest in this item as his son is employed at Cadia, left the Chamber, and did not participate in the voting or debate on this item.

RESOLVED - 17/084 Cr R Turner/Cr C Gryllis

That Council note the update report and endorse the actions contained in the report summary with the General Manager to report outcomes to Council.

The Meeting Closed at 9.43PM.

This is Page Number 6 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 7 March 2017.

Council Meeting 21 March 2017

5 General Reports

5.1 Recommendations and Resolutions from Policy Committees

TRIM REFERENCE: 2017/435

AUTHOR: Michelle Catlin, Manager Administration and Governance

EXECUTIVE Summary

Council’s Policy Committees (Planning and Development Committee, Employment and Economic Development Policy Committee, Infrastructure Policy Committee, Sport and Recreation Policy Committee, Environmental Sustainability Policy Committee, Finance Policy Committee and Services Policy Committee) have delegation to determine matters before those Committees, with the exception of items that impact on Council’s Delivery/Operational Plan.

This report provides minutes of the Policy Committees held since the last meeting. Resolutions made by the Committees are for noting, and Recommendations are presented for adoption or amendment by Council.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “1.2 Our City - Information and advice provided for the decision-making process will be succinct, reasoned, accurate, timely and balanced”.

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

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

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

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

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

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

6 That the resolutions made by the Services Policy Committee at its meeting held on 7 March 2017 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 7 March 2017 all resolutions were made under delegation, and the minutes are presented for noting.

Employment and Economic Development Policy Committee

At the Employment and Economic Development Policy Committee meeting held on 7 March 2017 all resolutions were made under delegation, and the minutes are presented for noting.

Infrastructure Policy Committee

At the Infrastructure Policy Committee meeting held on 7 March 2017 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 7 March 2017, all resolutions were made under delegation, and the minutes are presented for noting.

Finance Policy Committee

At the Finance Policy Committee meeting held on 7 March 2017, all resolutions were made under delegation, and the minutes are presented for noting.

Services Policy Committee

At the Services Policy Committee meeting held on 7 March 2017, all resolutions were made under delegation, and the minutes are presented for noting.

Attachments

1 PDC 7 March 2017 Minutes, 2017/410 ⇩

2 EEDPC 7 March 2017 Minutes, 2017/411 ⇩

3 IPC 7 March 2017 Minutes, 2017/412 ⇩

4 SRPC 7 March 2017 Minutes, 2017/413 ⇩

5 FPC 7 March 2017 Minutes, 2017/414 ⇩

6 SPC 7 March 2017 Minutes, 2017/415 ⇩

Planning and Development Committee 21 March 2017

5.1 Recommendations and Resolutions from Policy Committees

Attachment 1 PDC 7 March 2017 Minutes

ORANGE CITY COUNCIL

MINUTES OF THE

Planning and Development Committee

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

ON 7 March 2017

COMMENCING AT 7.27pm

1 Introduction

Attendance

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

APOLOGIES AND LEAVE OF ABSENCE

RESOLVED - 17/059 Cr C Gryllis/Cr R Gander

That the apologies be accepted from Cr A Brown, Cr J Hamling (Deputy Mayor), Cr N Jones and Cr R Kidd for the Planning and Development Committee of Orange City Council on 7 March 2017.

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

Nil

2 General Reports

2.1 Items Approved Under the Delegated Authority of Council

TRIM Reference: 2017/25

RESOLVED - 17/060 Cr J Whitton/Cr K Duffy

That the information provided in the report by the Acting Manager Development Assessments on Items Approved Under the Delegated Authority of Council be acknowledged.

2.2 Development Application DA 4/2016(1) - 61B Moulder Street

TRIM Reference: 2017/327

RESOLVED - 17/061 Cr R Turner/Cr S Munro

That Council defer consideration of development application DA 4/2016(1) for Dwelling Alterations and Additions at Lot 13 DP 1037756 - 61B Moulder Street, Orange pending an inspection by Councillors and interested members of the public.

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

The Meeting Closed at 7.30pm.

Infrastructure Policy Committee 21 March 2017

5.1 Recommendations and Resolutions from Policy Committees

Attachment 3 IPC 7 March 2017 Minutes

ORANGE CITY COUNCIL

MINUTES OF THE

Infrastructure Policy Committee

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

ON 7 March 2017

COMMENCING AT 7.32pm

1 Introduction

Attendance

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

APOLOGIES AND LEAVE OF ABSENCE

RESOLVED - 17/064 Cr C Gryllis/Cr R Gander

That the apologies be accepted from Cr A Brown, Cr J Hamling (Deputy Mayor), Cr N Jones and Cr R Kidd for the Infrastructure Policy Committee of Orange City Council on 7 March 2017.

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 City of Orange Traffic Committee - 14 February 2017

TRIM Reference: 2017/263

RESOLVED - 17/065 Cr J Davis/Cr C Gryllis

That the recommendations made by the City of Orange Traffic Committee at its meeting held on 14 February 2017 be adopted.

MATTER ARISING

RESOLVED - 17/066 Cr G Taylor/Cr J Davis

That Council request the City of Orange Traffic Committee to consider possible improvements at the intersections of Warrendine and Anson Streets, and March and Spring Streets.

3 General Reports

3.1 Current Works

TRIM Reference: 2017/297

RESOLVED - 17/067 Cr J Whitton/Cr J Davis

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

QUESTION TAKEN ON NOTICE

Cr Duffy requested results of the Benkelman beam testing undertaken on the Northern Distributor Road, William Street and Ophir Road.

3.2 Developer Contributions to Footpaths

TRIM Reference: 2016/1951

RESOLVED - 17/068 Cr J Whitton/Cr J Davis

That the report on Developer Contributions to Footpaths be noted.

The Meeting Closed at 7.47pm.

Council Meeting 21 March 2017

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
7 March 2017	Cr Duffy requested results of the Benkelman beam testing undertaken on the Northern Distributor Road, William Street and Ophir Road.	Director Technical Services	Information to be provided to Councillors.	Apr 2017
7 Feb 2017	Cr Duffy asked for the expected date of commencement of works on the Robertson Park toilet block.	Director Community, Recreation and Cultural Services	Information provided to Councillors in report for March meeting.	Mar 2017
	Cr Whitton requested staff to investigate a fence in the laneway off Lords Place, adjacent to Torpy Street.	Manager Building and Environment	Fence has been inspected. Advisory note being sent to owner of site to advise that the fence should be replaced.	Mar 2017
	Cr Turner requested information on previous renovations of the Four Seasons Cottage at the Colour City Caravan Park.	Manager Business Development	Information provided to Councillors through weekly email on Friday 17 March 2017.	Mar 2017
20 December 2016	Cr Duffy asked if roadside vendors are required to submit a development application.	Director Development Services	Information to be circulated to Councillors.	April 2017
20 December 2016	Cr Taylor requested a report on whether the identity of complainants (if a Councillor) can be disclosed if considered to be in the public interest.	Manager Administration and Governance	Advice has been received from the Office of Local Government and clarification has been sought. A report will be provided to the April Council Meeting.	April 2017
6 Dec 2017	Cr Duffy requested an update on the Cycleways project.	Works Manager	Information to be provided to Councillors.	Mar 2017
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.	April 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	Orange Business Chamber now cancelled and will provide an information pack to Councillors instead.	Mar 2017

Council Meeting 21 March 2017

5.3 Statement of Investments - February 2017

TRIM REFERENCE: 2017/460

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 28 February 2017.

Link To Delivery/OPerational Plan

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

1 That Council receives the Statement of Investments as at 28 February 2017.

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 31 January 2017, the investments held by Council totalled $116,204,055.65 and is attributed to the following funds.

	28/02/2017	31/01/2017
General Fund	43,925,560.25	44,925,560.25
Sewer Local Fund	34,085,795.76	34,085,795.76
Water Supply Local Fund	38,192,699.64	38,892,699.64
Orange CBD Special Rate
	116,204,055.65	117,904,055.65

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

Externally Restricted	28/02/2017	31/01/2017
General Fund	22,353,184.13	22,139,049.74
Water Fund	38,192,699.64	39,892,699.64
Sewer Fund	34,085,795.76	34,585,795.76
Auspiced	1,522,412.52	1,522,412.52
Internally Restricted	7,485,815.41	7,396,935.86
Unrestricted	12,564,148.19	12,367,162.13
	116,204,055.65	117,904,055.65

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 28 February 2017 remained at 1.50%. The annualised average interest rate of Council’s investment portfolio at the same reporting date was 3.05% (weighted average 2.99%) 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 28 February 2017, the AusBond rate was 1.77%. The annualised average interest rate of Council’s investment portfolio at the same reporting date was 3.05%.

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%	7.75%	92.25%
3 - 12 Months	100.00%	59.93%	40.07%
1 - 2 Years	70.00%	9.69%	60.31%
2 - 5 Years	50.00%	22.63%	27.37%
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%	17.79%	82.21%
A	60.00%	39.99%	20.01%
BBB & NR	40.00%	39.49%	0.51%
Below BBB	0.00%	0.00%	0.00%

Certification by Responsible Accounting Officer

I, Kathy Woolley, 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 21 March 2017

5.5 2017 Local Government Election

TRIM REFERENCE: 2017/434

AUTHOR: Michelle Catlin, Manager Administration and Governance

EXECUTIVE Summary

Council has received confirmation that the Local Government Election will be held on Saturday 9 September 2017. For the first time, this Election will include popular election of the Mayor. This report outlines the arrangements for the Election.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “3.1 Our City – Provide opportunities for potential candidates who wish to stand for Local Government elections to become familiar with Council processes, activities and services”.

Financial Implications

Council resolved on 17 February 2015 to contract the conduct of the Election to the NSW Electoral Commission, and their quote to conduct the Election in 2016 was in the order of $245,000. The Electoral Commission have advised that a revised quote will be provided in the near future, given the delay in the election due to the merger proposal.

Council has allocated $250,000 in the Delivery/Operational Plan.

Policy and Governance Implications

The Election will be conducted by the NSW Electoral Commission, in accordance with the Local Government Act 1993 and Regulations. The role of Council staff in the process is limited to a liaison role, however a significant media and community engagement campaign is proposed to ensure voters are aware of the Election, and the Popular Election of Mayor.

Recommendation

1 That the report on the Local Government Election to be held on 9 September 2017 be acknowledged.

2 That the first meeting of the new Council be scheduled for Tuesday 26 September 2017, subject to timing of election results.

further considerations

SUPPORTING INFORMATION

Confirmation has been received that the Election will be held on Saturday 9 September 2017. 46 councils in NSW will be having an Election on this date.

This report sets out the details known to date about the Election, including the Popular Election of Mayor.

Conduct of the Election

The Election will be conducted by the NSW Electoral Commission, as has been Council’s practice in the past. Council resolved on 17 February 2015 to enter into a contract with the Electoral Commission for the conduct of the next Election.

Returning Office

Preliminary investigations are underway to identify and secure a suitable returning office. This will be required from mid-June to mid-September, and will have particular size and access requirements. To ensure appropriate access to the selected site, staff have discussed with the Electoral Commission staff the opportunity to install temporary ramps etc, following Council’s concerns about access to the Returning Office used in last year’s State by-election.

Returning Officer

The Electoral Commission have advised that they are currently recruiting Returning Officers. In the past Council has shared a Returning Officer with Cabonne Council, and an approach from Blayney Council has been received to flag the possibility of also sharing a Returning Officer. This would reduce costs to Council however will ultimately be a capacity issue for the Electoral Commission to determine.

Advertising Campaign

The NSW Electoral Commission have advised that elector awareness was the biggest issue raised by those councils who went to election in September 2016, with numbers of enrolled voters actually voting on the day decreasing.

To improve awareness, the Electoral Commission will be launching a significant advertising campaign in the weeks prior to the Election.

Council staff are also working on a campaign to promote the election and the Popular Election of Mayor. This will include traditional as well as social media.

Candidate Information Sessions

The NSW Electoral Commission has confirmed it will host information sessions. There is currently a video on the Commission’s website that is a pre-recorded information session, which is available for viewing now. This includes a helpline for candidates to speak with Electoral Commission staff. Council will promote this website as part of the broader Election campaign that Council staff are working on.

Voting

At this election, voters will receive two ballot papers, one for the election of Mayor, the other for the election of Councillors.

There is no internet voting available for Local Government Elections. Pre-poll voting will be available from Monday 28 August at 9am, to Friday 8 September at 6pm. Pre-poll will be available on Saturday 2 September from 9am to 5pm. There will be one pre-poll location in Orange, and another for absentee votes in Sydney (generally the Sydney Town Hall).

Postal voting will be available as has been the case in previous elections. Postal vote application forms will be available until Monday 4 September, and postal voting closing on Monday 11 September 2017.

Delivery of Election Results

Councillors may be aware that in the past, the votes from all elections were delivered to the NSW Electoral Commission Counting Centre in Riverwood. Orange has been selected of one of 5 sites in the New South Wales where a Counting Centre will be located for this election. Votes in our Election will therefore be counted and scrutineered in Orange.

This Counting Centre will create additional short-term jobs over the Election period as clerical staff with high level data entry skills are required as every single ballot paper is data entered.

The NSW Electoral Commission have indicated that the results of the Election will be delivered within one week of the Election.

Popular Election of Mayor and Election of Councillors

With the Popular Election of Mayor, voters are electing one Mayor and eleven Councillors for an initial three year term only, going again to the polls in 2020. From 2020, the Mayor and Councillors will be elected for a four year term.

A person who is enrolled as a voter in the Orange City Council area may stand for election as:

- Mayor only OR

- Councillor only OR

- Both as Popularly Elected Mayor and as a Councillor.

A candidate can be a candidate for Mayor and Councillor but cannot be elected to both positions. If elected as Mayor, the person must accept that Office.

The votes for the position of Mayor are counted first. Where a candidate has nominated for both the position of Mayor AND Councillor, and that candidate is successfully elected to the position of Mayor, then his/her votes for the position of Councillor are not counted for the position of Councillor, and all these votes flow down to the next preference on the ballot paper.

If any of the candidates for position of Councillor are also candidates for the position of Mayor, the counting of votes for the election of Mayor is completed, and results obtained, before the distribution of preferences in the election of Councillors.

How the Mayor is elected

The system of voting the direct election of Mayor is “optional preferential”, which means that the voter must place a number “1” in the square next to their first choice candidate, but they have the option whether to mark preferences for other candidates.

The candidate who received an absolute majority of votes is elected. If no candidate received an absolute majority, a process of excluding candidates with the fewest first preference votes commences.

How Councillors are elected

The system of voting for Councillors is “proportional” which means that a candidate who has, upon the first preferences being counted, a number of first preferences equal to or greater than the quota, is elected.

If groups of candidates are nominated, voters have two ways of voting on the ballot papers. To vote for a group, voters must put a number 1 for their choice above the line, and may indicate more groups.

To vote for individual Councillors, voters vote below the line, and must show choices for at least half the number of Councillors to be elected. Voters may indicate more choices.

As the Mayor would be directly elected, they do not occupy a Councillor position.

Past Orange City Council elections have included candidate groups.

Deputy Mayor

Section 231 of the Local Government Act 1993 states:

(1) The councillors may elect a person from among their number to be the deputy mayor.

(2) The person may be elected for the mayoral term or a shorter term.

(3) The deputy mayor may exercise any function of the mayor at the request of the mayor or if the mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the office of mayor.

(4) The councillors may elect a person from among their number to act as deputy mayor if the deputy mayor is prevented by illness, absence or otherwise from exercising a function under this section, or if no deputy mayor has been elected.

These provisions apply in both the case of popularly elected Mayor and election of Mayor by the Council. There is no provision under the Act for the direct election of the Deputy Mayor.

A report will be prepared to the first meeting of the new Council that will seek the election of the Deputy Mayor, as well as the establishment of Council Policy and Community Committees.

Key dates

Monday 31 July	Close of Electoral Rolls Nominations open
Wednesday 9 August	Nominations closes Registration closes for candidates and groups Registration of electoral material commences
Monday 28 August	Pre-poll voting opens
Friday 1 September	Registration of electoral material closes Registration closes for third-party campaigners
Monday 4 September	Postal vote applications close
Friday 8 September	Pre-poll voting closes 6pm
Saturday 9 September	Election Day Polling places open 8am to 6pm

First meeting of new Council

While the Electoral Commission anticipates the result to be achieved within one week, it is proposed to conduct the first meeting of the new Council on Tuesday 26 September 2017.

Council Meeting 21 March 2017

5.7 Aquatic Centre Usage Policy

TRIM REFERENCE: 2017/441

AUTHOR: Chris Devitt, Director Technical Services

EXECUTIVE Summary

The contents of this report will be the basis Aquatic Centre Usage Policy to be developed to enable Council staff to manage the limited lane space at the Centre. An Operational Policy was first considered by Council in August 2016 with Council resolving to take the unusual step of calling for submissions on the content of an Operational Policy. This resulted in a large number of public submissions which are considered in this report. Based on these submissions, as well as moves over recent months by the two Orange Swimming Clubs to explore in detail the option of a single club, it is becoming increasingly apparent that the only viable long term option for managing the limited lane space for organised swimming at the Aquatic Centre in an efficient and sustainable manner is through a single swimming club. This report identifies a process by which this may be achieved.

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

Nil

Policy and Governance Implications

The management of the Orange Aquatic Centre is an operational issue and therefore the Aquatic Centre Usage Policy is to be an operational policy of Council. Given the degree of community interest in this issue this Policy has been the subject of a number of reports to Council.

Recommendation

That Council:

1 Note the content of the report will form the basis of the Council’s Aquatic Centre Usage Operational Policy.

2 Support the establishment of a new Council based swimming club at the Orange Aquatic Centre in conjunction with Swimming NSW which, upon establishment, will be the only group under Category 2 of the Council’s Aquatic Centre Usage Operational Policy.

further considerations

SUPPORTING INFORMATION

Background

Response to draft policy

Following the development of the basis for the new Aquatic Centre Usage Operational Policy, the policy position was advertised and comments sought from interested parties. As this is an Operational Policy, Council does not normally seek public input for these policies, however this approach was adopted in this case due to the extensive interest in this matter.

The proposed Aquatic Centre Usage Operational Policy represents the need for Council to make changes at the Aquatic Centre that can be long lasting and will cater for the increasing demand for water space (especially in the winter season) from many diverse users.

A significant number of responses were received, and while the policy position was supported by both the Jets and City of Orange clubs, a large number of objections were received from members of the Orange District Swim Group ODSG (formerly known as the Peter Archer group), who have been identified as a Category 3 group under the policy.

Historically this group has been afforded equal status with the 2 swim clubs (Jets and City of Orange), and many of the submission comments refer to the fact that they are now worse off compared to the lanes allocated to the two registered swimming clubs.

The following outlines the key issues raised in the submissions and Council’s response.

Issues:

1. The centre is a community facility

2. All swimming groups should have equal access

3. Groups should share morning and evening times

Response: ODSG has stipulated this is a community facility and they should have equal access. It is a community facility and council needs to implement a policy that will allow for public access and also structured club use. There is a limit on space and to allow for efficient use of water space there must be limitations put in place. Council cannot cater for every community group that applies for lane space as it would be unsustainable.

Issues:

4. 2 clubs should not get preferential treatment

5. 2 clubs have 90% of prime time use

Response: Swimming NSW (SNSW) registers swimming clubs based on them operating out of a designated centre. Normally only one club is registered at a single location however a number of years ago SNSW registered a second club, Jets, at the Orange Aquatic Centre. Consequently, having followed the SNSW registration process, each club has an expectation of equal access to the centre. As well the clubs also have an expectation of more access to the centre from community groups who are not clubs registered by SNSW and based at the Orange Aquatic Centre. The proposed policy supports this. Ideally Council would prefer only one registered club at the centre, as the presence of two clubs has caused issues over access to lane space in the past, and is now being used by other swimming groups to argue for Council to effectively treat these groups the same as a registered club in regard to equal provision of lane space. Such an approach makes the process of equitable lane allocation even more difficult, as any other community swimming group could make the same claim for lane space. The best option for Council and the swimming clubs is to have one club.

Issue:

6. access should be determined by actual numbers of swimmers

Response: ODSG numbers can’t be verified, clubs registered with Swimming NSW can. This approach would give priority to new groups who come with large numbers – i.e. Triathlon or masters swimmers – currently Triathlon would have bigger numbers than all groups.

Issue:

7. all children should have equal usage, regardless of belonging to club or not

Response: There are no restrictions on child entry however again it comes down to the amount of water available for organised swimming. There has been a swimming club associated with the centre for a long time. The lane allocation issue only became complicated when the second club was formed, and will only be further exacerbated if a third group is given the same access.

Issue:

8. ODSG should be category 2 user

9. ODSG and clubs should take turns training in peak times

Response: Category 2 is defined as an affiliated swim club so they could only become Category 2 if they affiliated with Swimming NSW. Alternatively if ODSG are allowed to be classified as Category 2 how do we legitimately stop other groups from doing the same?

Issue:

10. Most category 3 users have access to other pools (in Orange – Kinross, gyms )

Response: These groups are still part of the Orange community and therefore entitled to access the Aquatic Centre in the same way that all other community groups do, including ODSG.

Issue:

11. Clubs can share and negotiate lane allocations – groups can’t

Response: The policy requires the clubs to share and negotiate lane allocations to relieve Council staff from having to allocate lanes if the clubs can’t each agreement. Under the policy the category 3 groups could also share and negotiate lanes if they can reach agreement within the policy.

The relationship between clubs cycles with them getting on and then there is an issue and there is trouble again. The third group only adds to this issue and Council should consider not allowing any private coaching at the centre if one club is formed.

Issue:

12. Category 3 has to apply seasonally – clubs have 2 year allocation

Response: This is incorrect – the policy requires all category 2 and 3 groups to review lane allocations every two years as below

The overall lane allocations provided in this policy within Category 2 and Category 3 will be reviewed at least every two years to ensure they reflect the ongoing demand and utilisation at the Aquatic Centre.

Issue:

13. Clubs have times increased while ODSG has allocations and times reduced

Response: This has occurred with the creation of Category 2 and Category 3 which is designed to give all users a clear outline of how Council wishes to manage the limited lane space at the centre.

General

These comments serve to highlight the key issue at the centre-limited lane space for users of the facility. Concerns were generally not raised about the Category 1 allocation, effectively endorsing the policy position that the centre is predominantly for community use. Therefore the issues becomes one of how to equitably share the remaining 17% of lane time between registered swimming clubs and community/sporting groups.

Given the finite amount of lane space and the increasing demand for organised swimming at the centre, the solution lies in how the lane space is managed. As the comments above indicate, while ever there are large groups of swimmers seeking to gain access to the pool, there will always be an element of conflict between these groups for the limited lane space.

These groups expect Council, through this policy, to try and meet the needs and expectations of all groups equitably. However, as has been the case in the past, and is highlighted in the feedback to this policy, this ultimately requires compromise amongst these groups and when this doesn’t happen to the satisfaction of all groups Council has to intervene. On occasions this has been extremely challenging, especially for young staff on the pool deck who have been subjected to highly inappropriate behaviour from centre users due to arguments about issues such as the allocation of lanes at the centre.

The proposed policy seeks to provide a structured mechanism to manage lane space at the centre. The response from the ODSG is not unsurprising. However the policy provides all users with clarity in relation to how Council will manage the limited lane space available, as well as limiting the potential in the future for other groups to insist on access to lanes which cannot be provided.

Formation of a single swimming club

This issue was discussed in the report to Council on 2 August 2016. It remains the preferred option of Council staff.

As identified in that report:

A single swimming club could enable more efficient overall management of lanes and facilitate a smooth transition between learn to swim and club involvement, ensuring an ongoing participation in swimming as skills develop. As well a large broad based club would be encouraged to promote swimming more broadly in the community, not just focussed on competition.

Swimming NSW has indicated they do not oppose a move to a single club and has indicated they would assist Council and the two Orange clubs in working towards this goal.

The two swimming clubs have recently put the idea of a merger into a single club to a vote of their members. Jets resolved unanimously (29 votes) to proceed with the merger. City of Orange voted against the merger by a majority of 22 against to 13 for the merger.

This process has revealed that there is a strong desire amongst many parents to form a single club, and when viewed from the perspective of the combined votes of families involved in club swimming in Orange this suggests around 65% support for this idea.

Discussions have been held with Swimming NSW on the processes involved in bringing about a single club at Orange. They outlined that a similar situation had occurred recently at Randwick in Sydney where issues had existed for a long time between two existing registered clubs. In this case the Randwick City Council, in conjunction with Swimming NSW, formed a new Council operated swim club to take over the management of organised swimming. The new club is run by an executive committee made up of:

· the Manager of the Swimming Centre

· the head swim coach responsible for the Squad program and appointed by Council and

· the President of the Club Board

The Club Board was established as an advisory committee, whose role is to make recommendations to the executive committee in relation to the affairs and objectives of the Club. The board is open to all financial members of the club who demonstrate a commitment to the club, its activities and a willingness to be actively involved in Club issues.

The two existing swimming clubs were free to continue to function however the Council based club oversees all individual participants swimming plans to ensure they achieve their individual swimming goals. One of the clubs subsequently disbanded and merged with the new Council based club while the other club continues to operate.

It is suggested that an option similar to this be explored with Swimming NSW for Orange as a matter of priority, especially with the history of issues between Jets and City of Orange over the years and now, as outlined above, the similar issues about equitable access to lane space being raised by community swimming groups.

A new entity, a club affiliated with Swimming NSW, offers a range of participation opportunities including

a. Competitive swimming

b. Social swimming for health and wellbeing

c. Masters swimming

d. Swim development (beyond our Learn to Swim programs) for health and wellbeing

Swimming NSW would support this move and assist with the creation of the new club.

This new club would be the only Category 2 user under the Council policy. This approach would enable the Council based club to manage the allocation of lanes, thus ensuring maximum efficiency in utilising the limited space available.

The formation of this new club would provide a new beginning for organised swimming whilst still allowing the two existing clubs to continue to exist if they choose. The new club would be open to all swimmers in Orange, not just existing members of Jets and City of Orange. This would address some of the concerns raised in the submissions to the proposed Policy around swimmers not being able to join an existing club or being unhappy with the existing club culture in Orange. The new Council club would have its focus solely on the swimmers and their needs, hence the reason why they have maximum access to lanes as the only Category 2 group. If the two existing clubs wish to continue and participate in competitions as Jets or City of Orange, they will still be free to do this if they so choose.

By maximising the efficiency of lane allocations the new club would be able to accommodate more members of varying abilities, thus providing more opportunity for organised swimming across the community.

Under a new club arrangement existing coaches and officials would be given the opportunity to affiliate or participate in the operation of the new club under the direction of the executive committee and the head coach. The new club would have the capacity to advertise and appoint coaches, and would provide a more efficient system for coach development and succession planning, creating many opportunities for program development that currently don’t exist –for example streamlining of top end learn to swim programs into clubs or social swimming groups.

From a facility management perspective, ONE main user during peak times (which could conservatively support 250+ swimmers during winter) is the best option. Swimming NSW support Council in believing that this would be the best option for Orange. Council cannot ‘force’ clubs to merge or to disband, but we can provide support to ‘ONE’ category 2 user.

The way forward

The winter lane allocations generally commence around the end of April, depending on weather and the closure of the outdoor pool. The basis of the new Aquatic Centre Usage Operational Policy has been advertised and comments have been received as outlined above, and therefore the policy can be quickly made ready for implementation by staff, which will determine winter lane allocations.

In order to provide users with certainty about the way forward, it is proposed that Council staff begin the process of developing the new Council based swimming club as a matter of priority in conjunction with Swimming NSW. Consultation should occur with those members of the Orange Swimming community who support the formation of this new club and are prepared to assist in its formation.

An implementation strategy needs to be developed to provide guidance on how quickly the new entity could be established as well as flesh out many of the operational details of the new club. If it is possible to establish the new club in a relatively short time period there may be the opportunity through the implementation stage to adjust the existing policy during winter to enable the new club to commence operation. Alternatively, given the need to get this process right it may be more prudent to delay full implementation of the new club until after the winter period when lane allocations change for the summer period.

In either case, by Council giving all users a clear idea of its intention to form the new club, this will provide certainty for the future and enable existing clubs, as well as individual users, to decide how they wish to participate in organised swimming in Orange in the longer term under this new model and associated policy.

The basis of the new policy may need to be amended as appropriate once the new club was in operation to recognise the Council based club as the only Category 2 club under the policy and to change to description of Category 2 and 3 users to reflect the changes proposed in this report.

Council Meeting 21 March 2017

5.8 Strategic Policy Review

Attachment 1 ST136 - DRAFT - Strategic Policies - Orange Aquatic Centre - Terms and Condition of Entry

ORANGE AQUATIC CENTRE

- Terms and Conditions of Entry

ST136 F1243

ObjectiveS

To have a set of entry rules at the Orange Aquatic Centre that promotes safety and creates a family friendly centre for the public to use.

General

The Aquatic Centre is a high usage/high risk facility. The overriding purpose of these Terms & Conditions is to provide a safe and non-threatening environment for all patrons, employees and other users of the Centre and its facilities.

Procedure

The main terms and conditions of entry will be displayed at the entry to the Orange Aquatic Centre. They will also be displayed on the Council website, and can be advertised on the Orange Aquatic Centre Facebook page. Patrons will be able to access a hard copy of these rules at the facility at any time during opening hours.

TERMS AND CONDITIONS OF ENTRY

1 Centre Management

For safety and security reasons, all patrons accessing the Centre must:

1.1. Obey all signs around the Centre

1.2. Follow all reasonable requests and instructions given by Centre management and employees.

2 General Terms of Entry

An entry fee to access the Centre must be paid in accordance with the fee schedule. This fee enables you to enter the Centre once - pass outs are not given (with the exception of organised carnival events). Anyone attempting to gain entry without paying or without authorisation will be prosecuted. Bags and other items may be subject to inspection and patrons may be searched. Persons who refuse inspections or searches may be refused entry to the Centre. The consumption of alcohol, smoking and drug use is not permitted in the Centre. Alcoholic beverages, drugs, weapons or any other substances or objects which are prohibited by law are not permitted to be brought into the Centre. Glass and other breakables are not permitted to be brought into the Centre. Animals are not permitted to be brought into the Centre (other than Guide Dogs or Companion animals – with appropriate certification).

All carers who are assisting patrons with a disability are permitted to enter the facility free of charge.

3 No Smoking

The Orange Aquatic Centre facility (including outdoor areas) is a non-smoking venue. The venue area includes the car park and entire footpath area to the edge of Hill Street. Pass outs will not be given for the purpose of smoking. Persons found to be smoking within the facility will be asked to leave.

4 Lost or Stolen Items

The Orange Aquatic Centre or Orange City Council does not accept liability for any theft, loss or damage to personal property, whether in the Centre or in the carpark. Patrons are advised not to bring phones, cameras or large amounts of cash, or wallets into the Centre.

5 Child Supervision

All children under 12 years of age must be accompanied into the facility and supervised at all times by a parent or responsible guardian of 16 years of age or older. If a child under 12 years of age is being given into the care of another supervisor (16 years of older) for the purpose of attending an organised activity (club training, school carnivals, swimming lessons) the child under 12 must be escorted to and collected from the activity. All children 5 years and under must be in arms reach supervision of a parent or responsible guardian of 16 years of age or older. Children aged 6-12 years must be actively supervised.

6 Non swimmers of any age

Any children or persons who are identified by staff as being ‘at risk’ (a non-swimmer or poor swimmer) who is attempting to enter the pool ‘out of their depth’ may be asked to wear a wrist band and may be asked to confine their access to areas of the pool within their depth. Refusal to wear the wrist may lead to staff requesting the patron to leave the water, or asked to leave the facility. This is because there is a risk of drowning, not only to the person who is a non/poor swimmer but also to staff who may be required to attempt to rescue them.

7 General Behaviour

All patrons must behave in a manner that is safe and respectful for the enjoyment and safety of other patrons using the Centre. Any behaviour which is considered unsafe, offensive, inappropriate or interferes with the enjoyment of other patrons within the Centre, will be acted upon and may result in the patron being evicted and/or banned from the Centre. For safety and security reasons, patrons are not permitted to block the entrances and exits to the Centre with personal belongings.

8 Cameras, video or recording equipment

To respect the privacy of all visitors, any video, camera or recording equipment is not to be used in the Centre without the prior written approval of the Centre. These items are not to be used in the change rooms at any time.

9 Clothing, Attire and Related Matters

All patrons are requested to shower before using the facilities of the Centre. Appropriate bathing attire, apparel and footwear is to be worn at all times. Underwear is not an acceptable alternative to approved swimwear. Articles of clothing such as street wear, underwear, cut-off jeans, t-shirts, bike-pants, leotards, casual wear and sporting wear are strictly prohibited in pools. Only recognised swimwear, made from lycra and nylon is to be worn in the water. Only recognised waterproof nappies are to be worn in the water for infants.

10 Commercial and/or business activity

No person entering the Centre shall carry out any form of commercial and/or business activity and/or enterprise within the Centre unless consent has first been obtained from Centre management. If Centre management provides its consent to any form of commercial and/or business activity or enterprise, the person carrying out or responsible for the commercial and/or business activity or enterprise shall ensure that they comply with the terms of the consent issued by Centre management. For the avoidance of doubt, coaching or training must not be conducted for fee or reward without the prior permission of Centre management.

11 Medical conditions and related matters

People with serious medical conditions, including, but not limited to, epilepsy and heart conditions, must report their condition to the Centre Duty Manager (or senior lifeguard). In the interests of public health and safety, incontinent people must take necessary precautions. Patrons are not permitted to use the facilities of the Centre if they are affected by any drugs, alcohol or medications which may make it unsafe for them to use the facilities. Patrons consent to receiving any medical treatment that the Centre’s staff may reasonably consider necessary or desirable in the event that they suffer an injury or a medical emergency whilst at the Centre.

12 Right of refusal of entry and eviction

Centre management reserves the right to refuse entry and to evict any person at any time from the Centre at its sole discretion. The right of Centre management to refuse entry to any person or to evict patrons from the Centre includes, but is not limited to, all matters concerning:

12.1. persons under the influence of drugs or alcohol

12.2. abusive behaviour and language

12.3. dangerous or unsafe behaviour

12.4. disorderly, disruptive, inappropriate or antisocial behaviour

12.5. vandalism

12.6. admission evasion.

Specifically, Centre management may refuse entry to, or evict a person from, the Centre who in the opinion of Centre management may compromise the safety or overall enjoyment of other patrons of the Centre or its facilities. A person or group refused entry to, or evicted from the Centre, has no right to a refund of any monies paid for admission to the Centre and any request of refund will be refused. Centre management reserves the right to ban a person or group of persons from the Centre for as long as a period of time as it may deem necessary. For the avoidance of doubt, Centre management, in consultation with Orange City Council, may decide at its sole discretion to permanently ban a person from the Centre.

13 Risk and Injury

Patrons enter the Centre and use its facilities at their own risk. Risks may include, but are not limited to, drowning, slipping on wet surfaces, impact injuries due to shallow water entry, or utilising diving towers. To the full extent permitted by law, the Centre and Orange City Council does not accept liability for any injury or death to any person whilst in the Centre.

14 Indemnity

To the full extent permitted by law, patrons release the Orange Aquatic Centre or Orange City Council from all claims and liability in respect of any personal injury, death, theft, loss or damage arising from the patron’s entry into and use of the Centre and its facilities or the entry or use by minors in their care or control.

15 Commercial and fast foods

Orange Aquatic Centre caters for all food and beverage requirements. Commercial fast foods are not permitted (pizzas, BBQ chicken and chips, take away coffee). Food may be brought into the facility for the purpose of cooking on the BBQ or hosting a birthday party, however patrons will be responsible for cleaning up of all mess caused due to food brought into the facility for such events. Food cannot be stored in our commercial fridges.

16 Diving Pool, boards and tower access

The additional depth of the diving pool and the height of the towers represents an additional risk for patrons and staff. This facility will only be opened under the following conditions:

16.1 patrons wanting to use this facility demonstrate competency in swimming (can rotate body in the water and return to surface and reach the edge) and body control (in the air).

16.2 Two available qualified lifeguards (who have passed additional competencies in underwater swimming, retrieve object from a depth of 5 metres, deep water spinal retrievals and 12 months lifeguarding experience). These lifeguards cannot be removed from other pool supervision duties.

If these conditions cannot be met, this pool will not be opened.

17 Rules relating to Pool Deck and in Pool Behaviours include

17.1 No diving in the shallow end of either the 25m or 50m pools

17.2 No head first entry into ANY part of the toddlers/leisure pool

17.3 No running

17.4 No bombing or flipping

17.5 No riding on shoulders

17.6 Ball games or object retrieval games will be restricted on the basis of:

17.6.1 Type of ball/object

17.6.2 Number/age of patrons in the pool

17.7 No throwpedos

17.8 No mermaid tails

17.9 Standing and storage of belongings on seats is not permitted.

17.10 No climbing on railings, tables, chairs or other fixtures around pools

17.11 No spitting

17.12 No walking on or sitting on the ramp wall (between the ramp and the pool)

17.13 No sitting or leaning heavily on lane ropes – they can snap and the unattached rope can cause entanglement with swimmers. If you need to lean on the ropes to rest perhaps you should swim near the edge of the pool or stay within your depth.

17.14 No nudity – any age including changing on pool deck.

17.15 No diving from blocks without prior permission from staff.

17.16 No entry into the dive pool or jumping off any diving boards without express permission of staff.

Related Policies/Documents

Responsible Area – Technical Services

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

SUMMARY OF AMENDMENTS

Amendment Date	Section/Reference and Amendment
March 2017	New Policy

Council Meeting 21 March 2017

5.9 Track from Lone Pine Avenue to Shepherd Road

TRIM REFERENCE: 2017/332

AUTHOR: Wayne Gailey, Manager Works

EXECUTIVE Summary

For some time an unsealed track has been used by the public to travel between Lone Pine Avenue and Shepherd Road. This track sits within the designated Spring Creek Reservoir immediately upstream of the water body.

Due to its position in the drinking water catchment this track is often closed due to inundation after heavy or extended periods of rain and is typically the last of all causeways within the Council area to be reopened. Council has rebuilt the crossing over and adjacent to Spring Creek Reservoir numerous times to no more than a track standard. During the last period of extended wet weather, substantial damage has been caused requiring the indefinite closure of the track.

The purpose of this report is to discuss options for the future of the track and resolve a course of action.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “15.1 Our Environment – Maintain and renew traffic and transport infrastructure assets and services as specified within the Asset Management Plan at agreed levels of service”.

Financial Implications

Reinstatement of the track to its current standard is estimated to cost in the order of $10,000. Upgrading to the minimum standard for low trafficked public roads in Orange is estimated at $80,000.

There is no funding in the current Delivery/Operational Plan available for either option.

Policy and Governance Implications

Nil

Recommendation

That Council permanently close the track connecting Lone Pine Avenue and Shepherd Road immediately south of the driveway to 3 Lone Pine Avenue but before the Spring Creek crossing, and at the point that the track meets Shepherd Road.

further considerations

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

Service Delivery	Closure of the track would remove an access previously enjoyed by the community as a link from Shepherd Road to Lone Pine Avenue.
Image and Reputation	Residents adjacent to the closure may react negatively to a closure of the track due to increased travel time.
Environmental	Restricting public access to a track adjacent to the Spring Creek Reservoir will minimise the risks to the aquatic environment of the water body. Taking traffic off an unsealed road will reduce dust and erosion issues.
Health and Safety	Restricting public access to a track adjacent to the Gosling Creek Reservoir will minimise the risks of pollution of the drinking water supply.

SUPPORTING INFORMATION

Closure of the track

Due to sustained rainfall the track at the end of Lone Pine Avenue was inundated by floodwaters and closed to traffic by 14 July 2016. It has remained closed to traffic since this time with concrete barriers

Pre-closure formation and function

The track is of a gravel formation and varies in width from 6m down to approximately 4m over and around the Spring Creek crossing. Drainage of the floodway is well under capacity, being largely formed by an odd assortment of second hand pipes set at various levels. The floodway is often inundated resulting in damage to the gravel pavement surfaces. The geometry of the road is poor with substandard curves and inadequate width to cater for passing vehicles. Traffic counts have not been undertaken but it is estimated that there would be no more than 20 vehicles per day utilising the track when it is open.

There is a history of illegal dumping of rubbish within the Spring Creek reservoir.

One private driveway access exists from the track to 3 Lone Pine Avenue.

Impact on existing users

The distance from Shepherd Road at the rail crossing to Blowes Road and Lone Pine Avenue via the track is approximately 2.1km. The alternative route between these two points is approximately 3.1km.

12 properties directly front the legal road reserve of Shepherd Road and Lone Pine Avenue between Blowes Road and Huntley Road. 10 of these properties have improvements on them including dwellings, sheds and commercial premises.

It is likely that the majority of vehicular movements of residents to the north of the Spring Creek Reservoir will be towards the city and therefore a closure would have minimal impact to their normal travel patterns.

During the current nine month closure there has been only one enquiry received by Council staff from the public regarding the timing of a re-opening of the track from an adjoining resident. This would suggest there is little real public concern over the loss of this route as a thoroughfare.

Legal status

From the end of Lone Pine Avenue the land through which the track passes is:

· Lot 1 DP184555

· Lot 2 DP184555

· Lot 8082 DP1185617

These lots are in Council’s ownership and part of the Spring Creek Reservoir and not part of Council’s public road network. The track therefore does not enjoy the legal status as a public road and the provisions of the Roads Act 1993 do not apply, particularly the requirement to advertise and gazette a closure.

Risks to the Water Catchment

Spring Creek Dam is located in the Orange Drinking Water Supply catchment. The Australian Drinking Water Guidelines (ADWG 2011) is the authoritative document for drinking water management in Australia. It contains information about management of drinking water systems from the catchment to consumer. The ADWG outline six (6) guiding principles that are fundamental in the considerations of safe drinking water, one of which is:

“Protection of water sources and treatment are of paramount importance and must never be compromised”

Source Protection

Council has developed a Water Quality Risk Management Plan that specifically addresses water quality risks in the entire system from catchment to consumer. Council’s Drinking Water System is established around the multiple barrier approach set out in the ADWG. This approach is universally recognised as the foundation for ensuring safe drinking water and recognises that the prevention of contamination is superior to removal of contaminants by treatment. The most effective barrier is protection of source water to the maximum degree practical.

Potential water quality risks

Water quality risks associated with possible contamination of the Spring Creek Dam include:

· Illegal dumping of waste, carcasses and other hazardous substances

· Fuel or chemical spills being washed into dam (e.g. vehicle rollover)

· Roadway erosion leading to sediment entering dam causing turbid water

· Security or malicious damage.

By reducing the likelihood of uncontrolled access (by road closure) the above potential water quality/source contamination risks are minimised.

Options to reinstate/upgrade

A number of options exist to reinstate the track depending on the desired level of service and risk acceptable to Council. Four options are shown below with estimates. Note that actual costs for improvement to the existing level of service will be subject to design.

Option 1 - Reinstate only

The existing narrow formation would be retained and material simply imported and placed over the washouts. The estimated cost of this option is $10,000.

Option 2 - Reinstate with concrete causeway

Retain the existing formation, provide a new low flow drainage system and provide a concrete causeway for flooding with remaining road to have a gravel overlay to repair surface.

The estimated cost of this option is $50,000.

Option 3 - Upgrade road and install new culverts

Minimum 6m wide road gravel pavement, new higher capacity concrete culverts and general drainage improvements.

The estimated cost of this option is $80,000.

Option 4 - Permanently close the track to through traffic (recommended)

Gated closure of the track after the last driveway at the Lone Pine end to the north of Spring Creek and at the end of the Shepherd Road reserve to the south.

Signs advising of the closure would be erected permanently at:

· Blowes Road and Lone Pine Avenue

· Huntley Road and Shepherd Road

Provision to turn vehicles around on Shepherd Road and Lone Pine Avenue at the end of the track is shown on the aerial photo below.

The estimated cost of this option is $5,000.

Conclusion

The option to reinstate or improve the track will return little benefit to the broader Orange community and present ongoing risks to Council for:

· Track maintenance due to flooding damage

· Public safety due to ongoing inundation and substandard track formation

· Water supply security.

For these reasons it is recommended that the track be permanently closed to public thoroughfare.

Council Meeting 21 March 2017

5.10 Accelerated Roads Program Update

TRIM REFERENCE: 2017/505

AUTHOR: Chris Devitt, Director Technical Services

EXECUTIVE Summary

This report provides an update on the major works component of Council’s accelerated roads program which was originally developed in October 2015. The report identifies that, in addition to outlining how the majority of this ambitious works program is being delivered, Council has also completed, or is currently undertaking, a number of other key works projects across the city.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “14.1 Our Environment – Design and construct new infrastructure assets as specified with the Asset Management Plan to agreed levels of service”.

Financial Implications

The proposed additional funds via an approved external loan to be repurposed from southern feeder road to the program identified in the report required to complete this program of works have already been identified in the current budget, including provision for repayment of this loan in future years. An assessment of the impact of drawing the loan identified that the budget has already been established with loan repayments included so that there is no net impact in drawing the loan for the new purposes.

Policy and Governance Implications

Nil

Recommendation

1 That Council note the report on the Accelerated Roads Program.

2 That Council approve the budget adjustment of $3M to complete the additional 2016/17 works on the Northern Distributor Road to be funded by the external loan already budgeted and approved for the Southern Feeder Road (SFR) project as the SFR project does need to draw this loan at this time.

further considerations

SUPPORTING INFORMATION

Background

Council adopted an ambitious two year accelerated roads program in October 2015. This report provides an update on the progress of this program.

Northern Distributor Road (NDR)

The following deep-lift hotmix AC strengthening work, up to 285mm thick, has been completed on the NDR. A number of these area required additional depths of hotmix AC than originally anticipated, due to variations in road subgrade conditions, however this additional work and the cost incurred was necessary to ensure the appropriate finished standard was achieved in these sections of the NDR. The subsequent performance of these sections during the record wet winter last year demonstrates this additional work was justified.

· Escort Way to Ploughman’s Creek bridge, with final wearing surface to be completed in March 2017

· Molong Road to Burrendong Way

· Burrendong Way roundabout

· Burrendong Way to Hill Street

· Leeds Parade to Astill Drive

· Ophir Road roundabout

AC works comprising of deep lift patches and 40mm thick overlays were also completed between:

· the two Astill Drive intersections, and

· between Ophir Road and Icely Road.

40mm overlays have been a successful treatment along sections of the NDR, such as at The Escort Way/NDR intersection. However, following the impacts of the extended wet weather last year, sections of the 40mm overlay around Astill Drive and between Ophir Road and Icely Road will be replaced with deep lift AC, to ensure a uniform depth of AC is achieved in these areas. This work is currently in progress.

The section of the NDR between Hill Street and east of William Maker Drive has also been overlaid with an interim 40mm hotmix AC surface, as this area has been identified for reconstruction in conjunction with the proposal to realign Hill Street with William Maker Drive. Given this work will alter the existing layout of the NDR between Hill Street and William Maker Drive as a result of the removal of turning lanes, the decision was made to defer extensive deep lift hotmix AC in this section until the new road alignment was constructed, thus ensuring the work is targeted to the appropriate ultimate road alignment.

In addition to the works identified above, the following program of works, which has commenced this month, will include:

· Deep lift AC between Astill Drive (south) and Ophir Road/NDR roundabout

· Pavement stabilisation to 310mm plus high performance 2 coat bitumen seal from Icely Road to Mitchell Highway.

The change of rehabilitation treatment between Icely Road and the Mitchell Highway has been adopted as this work is typical of the standard of the section of the majority of the Mitchell Highway through predominantly rural areas. The remainder of the NDR, from Escort Way to Icely Road is located within the city, with an AC surface a more appropriate treatment for ride quality and reduced traffic noise. The proposed stabilisation work between Icely Road and the Mitchell Highway will result in a gravel pavement up to 720mm thick with a stabilised 310mm top layer. In order to achieve an improved seal on the surface of the road a fabric seal will be applied along with a 2-coat polymer modified bitumen seal or similar depending on detailed design, which will reduce the potential for cracking and ingress of water into the gravel pavement, which has been a key reason why the existing section has not performed as well as expected, particularly following the wet weather in winter.

Upon completion of these works two remaining sections of the NDR will remain for future upgrading. The first is the section between Hill Street and the Telopea Way traffic lights, which will be undertaken in conjunction with the construction of the new roundabout at Hill Street/William Maker Drive/NDR, and the second being between Anson Street and Clergate Road, which will be undertaken in conjunction with the future upgrade of the Clergate Road/NDR intersection. Localised patching within each of these two sections will be undertaken as part of the current works program.

In order to complete this program of works on the NDR, and as a consequence of the additional expenditure required on the earlier sections of this program, additional funds of $3.0m will be required. Council has these funds included in the current budget as a loan of $3.0m identified for works on the Southern Feeder Road (SFR). However a review of the section 94 plan proposes that funds for the SFR can be provided under section 94 contributions, allowing these loan funds to be utilised to enable the full program of works on the NDR to be undertaken this financial year.

Burrendong Way

The section of Burrendong Way south to Wiradjuri Place was completed as programmed in the 2015/16 year. The remaining 900m section to the NDR was planned to be undertaken as one project in the current 2016/17 year, but due to tender prices for this work exceeding the available budget, this section will now be completed over two years, with 50% funding available under the RMS REPAIR program. Contractors have commenced works on the 500m section from Wiradjuri Place towards the NDR, with an expected completion date of May 2017. The remaining 400m section is expected to commence around September with the whole of Burrendong Way fully reconstructed from the City boundary to the NDR by the end of 2017.

Waratah Link Road

This project, between Telopea Way and Diamond Drive/William Maker Drive, is basically completed with the exception of streetlight installation, which will commence in the near future. The road should be open to traffic in April and will provide relief for motorists living in the Waratahs area especially at peak times at the traffic signals at Telopea Way/Farrell Road/NDR.

Bunnings access roads

These works, including upgrading of Leeds Parade and improvements to the Leeds Parade/NDR roundabout were completed in mid 2016.

Forest Road/Private Hospital intersection

Council has been successful in gaining funding under the Resources for Regions for this project, with additional funding to be provided from development contributions. The detailed design for Forest Road, from Huntley Road to the southern side of the Hospital, is being completed. This will include a dedicated parking area for over 120 vehicles along the western side of Sir Jack Brabham Park. The upgrade of Forest Road is scheduled to commence in August/September 2017.

Stabilising and AC surfacing

Works have been completed on:

· Byng Street

o at the Peisley Street roundabout with Peisley Street

o at the Anson Street roundabout

o between Clinton Street and Sampson Street, and

o between Lords Place to Sale Street.

· Hill Street between Benview Avenue and Matthews Avenue

· Ash Street between Elsham Avenue and Scott Place

Works are currently underway in William Street between March and Dalton Streets.

Additional Works

In addition to the above program, Council has also completed, or is currently working on the following additional works:

· Clergate Road reconstruction from the NDR to Quartz Street

· Bloomfield internal roads, which will be completed by the end of March and will then enable the Huntley Road access into Bloomfield to be re-opened to traffic

· Canobolas Road – heavy patching at various locations including adjacent to a number of causeways

· Airport runway re-seal and taxiway upgrades

· $2.0m road safety program including:

o New safety railings on Gosling Creek bridge on Forest Road

o Improved road surface on Ophir Road between the NDR and Resource Recovery Centre

o Realignment of Wentworth Avenue/Kenna Street intersection

o Roundabout construction at Woodward Road and Moulder Street

o Road surface improvements to Pinnacle Road

o Various intersections improvements across the city with traffic islands/kerb blisters to improve both pedestrian and motorist safety

Tuesday 9 May	For consideration of draft documents and placement on exhibition.
Tuesday 13 June	For consideration of submissions and adoption of documents.

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.