ORANGE CITY COUNCIL
Ordinary Council Meeting
Agenda
4 April 2017
Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that a Ordinary meeting of ORANGE CITY COUNCIL will be held in the Council Chamber, Civic Centre, Byng Street, Orange on Tuesday, 4 April 2017 commencing at 7.00pm.
Garry Styles
General Manager
For apologies please contact Michelle Catlin on 6393 8246.
Council Meeting 4 April 2017
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.
1.1 Apologies and Leave of Absence
1.2 Acknowledgement of Country
COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE OPEN FORUM
3 Confirmation of Minutes of Previous Meeting
3.1 Minutes of the Ordinary Meeting of Orange City Council held on 21 March 2017
COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE POLICY COMMITTEES
4 Notices of Motion/Notices of Rescission
5.1 Lease Part Jaeger Reserve to Orange Croquet Club
6 Closed Meeting - See Closed Agenda
6.1 Tender - Reference Concept Design for the Orange STP Disinfection Upgrade
7 Resolutions from closed meeting
1.1 Apologies and Leave of Absence
1.2 Acknowledgement of Country
I would like to acknowledge the Wiradjuri people who are the Traditional Custodians of the Land. I would also like to pay respect to the Elders both past and present of the Wiradjuri Nation and extend that respect to other Aboriginal Australians who are present.
The provisions of Chapter 14 of the Local Government Act, 1993 (the Act) regulate the way in which Councillors and designated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public role.
The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest must be disclosed as soon as practicable after the start of the meeting and the reasons given for declaring such interest.
As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussion or voting on that matter, and requires that member to vacate the Chamber.
Council’s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code of Conduct also provides for a number of ways in which a member may manage non pecuniary conflicts of interest.
Recommendation It is recommended that Councillors now disclose any conflicts of interest in matters under consideration by the Council at this meeting.
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TRIM REFERENCE: 2017/523
AUTHOR: John Davis, Cr
MAYORAL MINUTE
This Mayoral Minute provides a summary of the Centroc Board Meeting on 23 February 2017 held in Forbes for the information of Councillors.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “4.1 Our City – Continue to deliver a leadership role as a major entity in the region and actively contribute to the future direction of local, regional and national initiatives to support and facilitate improved outcomes for the community”.
Financial Implications
Nil
Policy and Governance Implications
Nil
That the Mayoral Minute on the Centroc Board Meeting 23 February 2017 at Forbes be acknowledged. |
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.
STAFF COMMENT
I attended the Centroc Board meeting at the Forbes Services Club 23 February 2017 and provide the following report for Council’s information, along with the draft meeting minutes.
The next meeting will be held at Parliament House 25 May, with the support of Member for Bathurst, the Hon Paul Toole. Correspondence will be sent expressing the Board’s appreciation.
Transport Infrastructure – The Board was notified of a potential project with CSIRO on agricultural freight, as an extra layer to the Regional Freight Movement Map developed by the National Heavy Vehicle Regulator and the Centroc Road Transport Technical Committee.
The Board resolved to ramp up advocacy for the Bells Line Corridor including reference to the escalating costs over time as North West Sydney continues to develop.
To progress this, meetings are being coordinated with key Federal and State Ministers and members including the newly appointed Minister for Roads, Maritime and Freight, the Hon Melinda Pavey.
Water Security – There has been a significant amount happening in the Water Portfolio since our last meeting. Notably there is a lot of action in progressing a new storage high in the Lachlan catchment.
The Board adopted the communique between Centroc, Lachlan Valley Water and the Belubula Landholders Association, see below.
With the commencement of Phase Two Lachlan Priority Catchment Water Security Investigations, representatives from Lachlan Valley Water, the Belubula Landholders Association and Centroc met on 17 November 2016 to re-affirm their joint position on a proposed dam on the Belubula River developed in November 2015. The three groups re-affirmed the communique as follows:
a. The prosperity of our region is closely tied to both healthy towns and a successful agricultural sector.
b. Currently water security is limiting economic development in the towns, industry, mining and agricultural sectors of the Lachlan Valley.
c. Options that offer substantive improvements for both urban water security and agricultural water security are supported by the Centroc Board as well as by the Belubula Landholders Association and Lachlan Valley Water.
d. Failure of urban water supplies is socially unacceptable and as such Centroc Councils support investment in additional water storage providing it addresses urban and agricultural water needs.
The following two points were added:
e) The Centroc Board, Belubula Landholders Association and Lachlan Valley Water welcome the announcement of GHD as the strategic partner to assist WaterNSW with the Phase 2 feasibility study on the proposed dam site on the Belubula River. These organisations expect that the outcome of the study will be to ensure an informed decision is made regarding options for a new storage in the Lachlan catchment.
f) A new storage in the upper reaches of the Lachlan catchment will have community wide benefits through flood mitigation in the Lachlan and Belubula River valleys with the costs to State government for the repair of flood damaged infrastructure offset by the costs of the operation of the dam.
Centroc under the auspice of the Executive will send correspondence to WaterNSW detailing the region’s urban water security demands based on most recent studies.
Health – A review of the Beyond the Range (BTR) program was provided. The Board resolved to offer support and undertake activity to ensure the potential of the Murray Darling Basin Medical School is realised in Central NSW.
A meeting with the Chair of Centroc and the newly appointed Minister for Health the Hon Brad Hazzard is currently being organised. The Chair is seeking a meeting with the member for Calare, Andrew Gee who has shown considerable interest in this issue.
Regional Development – Regional Development Australia Central West has been asked to identify black spots in the region and provide feedback.
Tourism – Board members discussed the future model for the Central NSW Tourism (CNSWT) Board and welcomed CNSWT Board member, and Cabonne Councillor, Cr Ian Davison who gave an update on three potential options under development for regional tourism into the future.
Planning
A meeting with the Chair of Centroc and the newly appointed Minister for Local government, Ms Gabrielle Upton is currently being organised to ascertain the NSW Government’s appetite for progressing Joint Organisations.
1 Centroc Board Meeting 23 February 2017 - Draft Minutes, D17/20002⇩
Council Meeting 4 April 2017
2.1 Centroc Board Meeting
Attachment 1 Centroc Board Meeting 23 February 2017 - Draft Minutes
4b Confirmation of the Minutes of the Board Meeting 23 February 2017 held in Forbes
Board Delegates in bold
Cr G Rush |
Bathurst Regional Council |
Cr J Davis |
Orange City Council |
Mr D Sherley |
Bathurst Regional Council |
Mr G Styles |
Orange City Council |
Cr S Ferguson |
Blayney Shire Council |
Cr K Keith |
Parkes Shire Council |
Ms R Ryan |
Blayney Shire Council |
Mr K Boyd |
Parkes Shire Council |
Cr I Gosper |
Cabonne Council |
Cr B McCormack |
Upper Lachlan Shire |
Mr S Harding (Acting) |
Cabonne Council |
Mr J Bell |
Upper Lachlan Shire |
Cr D Somervaille |
Central Tablelands Water |
Cr M Liebich |
Weddin Shire Council |
Mr G Rhodes |
Central Tablelands Water |
Mr G Carroll |
Weddin Shire Council |
Cr B West |
Cowra Council |
Mr A Albury |
Dept Premier & Cabinet |
Mr P Devery |
Cowra Council |
Mr P Mc Millan |
RDACW |
Cr G Clifton |
Forbes Shire Council |
Cr Ian Davison |
Cabonne Council |
Mr D Green |
Forbes Shire Council |
Ms J Bennett |
Centroc |
Cr J Medcalf |
Lachlan Shire Council |
Ms M Macpherson |
Centroc |
Mr R Hunt |
Lachlan Shire Council |
Ms A Thomas |
Centroc |
Cr K Sajowitz |
Oberon Council |
Ms V Page |
Centroc |
Mr G Wallace |
Oberon Council |
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1 Meeting opened at 10.05am by Chair Cr G Rush
2 Apologies
Cr S Lesslie, Mr A Muir, Ms W Tuckerman, Mr A McMahon, Cr G Miller, Mr A McCormack
Resolved Cr M Liebich/Cr J Medcalf |
That the apologies for the Centroc Board meeting 23 February 2017 listed above be accepted. |
3. Minutes
3a Noting of the Minutes of the GMAC Meeting 9 February 2017
Resolved Mr D Green/Mr R Hunt |
That the Minutes of the Centroc GMAC Meeting 9 February 2017 held in Orange be noted. |
3b Confirmation of the Minutes of the Board Meeting 24 November 2016
Resolved Cr B West/Mr D Sherley |
That the Minutes of the Centroc Board Meeting 24 November 2016 held in Canberra be confirmed. |
3c Noting of the Centroc Board Annual General Meeting meeting 24 November
Resolved Cr B West/Cr J Medcalf |
That the Minutes of the Centroc Board Annual General Meeting 24 November 2016 held in Canberra be confirmed. |
3d Noting of the Centroc Executive meeting 9 February 2017 at Orange
Resolved Cr B West/D Sherley |
That the Minutes of the Centroc Executive meeting 9 February 2017 at Orange be noted. |
4. Business Arising from the Minutes – Matters in Progress
Resolved Cr J Medcalf/Mr R Hunt |
That the Board note the Matters in Progress, making deletions as suggested. |
5. Correspondence
5a Correspondence In
Resolved Cr J Medcalf/Cr B West |
That the Board note the incoming correspondence. |
5b Correspondence Out
Resolved Mr K Boyd/Cr I Gosper |
That the Board note the outgoing correspondence. |
6. Reports
6a Transport Infrastructure including Bells Line of Road
Resolved Cr K Boyd/Mr D Sherley |
That the Board note the Transport Infrastructure report and ramp up advocacy for the Bells Line Corridor including reference to the escalating costs over time as North West Sydney continues to develop. |
6b Water Infrastructure Report
Resolved Mr K Boyd/Cr I Gosper |
That the Board note the Water Infrastructure report and: 1. The Chair or his delegate be nominated as a place-holder representative for Centroc on the Lachlan Valley Water Security Project Community Reference Group with a view to it going to the Board for determination; 2. note there is a sense of urgency regarding responsiveness to securing improved water storage for the region; 3. under the auspices of the Executive correspondence be sent to WaterNSW detailing the region’s urban water security demands based on most recent studies; 4. the re-affirmed Communique between Centroc, Lachlan Valley Water and the Belubula Landholders Association be adopted; and 5. Support in principle for using the National Asset Management Assessment Framework across the region with further scoping advice and financial implications to be provide in a follow-up report. |
Orange delegates arrived 10.10
6c Health Report
Resolved Cr J Medcalf/Mr G Carroll |
That the Board note the Health report and 1. it note the review of Beyond the Range (BTR) and provide a report to members in line with this advice including seeking an increase in engagement with the social media campaign; 2. Centroc host and fund social media training for members specific to promoting Screen Central; BTR and CNSWT; 3. it reach out using BTR with a view to incorporating marketing into Universities and post graduate programs in the Area Health Services; 4. endorse the submission lodged regarding the need for a rural medical school and 5. offer support and undertake activity to ensure the potential of the Murray Darling Basin Medical School is realised in Central NSW. |
6d Regional Development
Resolved Cr B West/Mr G Styles |
That the Board note the Regional Development report and 1. it receive a report on progressing opportunities as identified in the “Making it Happen in the Regions - Regional Framework;” 2. key stakeholders including the Economic Development Officers’ Forum and RDACW give consideration to the Economic Enablers’ Report (the Report) and provide feedback with a view to leveraging it in the region’s interest; 3. members use the advice and language in the Report when making grant applications; 4. request RDACW to source data on Black Spots in the region and provide feedback; and 5. and invite Mr Ian Scott of the NBN to make a presentation to the Board on the NBN roll-out including downloads and uploads delivery. |
The Chair welcomed an update from Peter McMillan Executive Officer of RDACW
The Chair welcomed an update from Ashley Albury, Director of Greater Western NSW Regional Coordinator of DPC and congratulated him on his appointment to the role.
6e Tourism Report
Resolved Mr G Styles/ Cr S Ferguson |
That the Board Executive note the Tourism Report and 1. note the expenditure of $2500 on a workshop to inform a potential regional application through Central NSW Tourism to the Building Better Regions Fund; and 2. note the actions of the Executive as they: a. sent correspondence to Central NSW Tourism seeking advice on options for the future of regional tourism in Central NSW; b. these options are to include the value proposition for members; and c. this advice to inform the Executive meeting in April. |
Cr K Keith arrived at 10.49am
6f Planning Report
Resolved Cr J Davis/ Mr G Styles |
That the Board note the Planning Report and lodge a submission on changes to Planning Legislation developed in consultation with members by 10 March 2017. |
6g Management Plan and Policy Report
Resolved Mr D Sherley/Mr P Devery |
That the Board note the Management Plan and Policy Report and 1. approve the Investments’ Policy and the Internally Restricted Reserves Policy; 2. approve the Management Plan in principle; 3. note the indicative fee structure and receive a report on options for fee structures; and 4. note that advice on Tier 1 and Tier 2 priorities will be provided to the Board subsequent to the Chair meeting with members to discuss priority and 5. that Cr David Somervaille be appointed the Portfolio Mayor for Water. |
6h Operational Report
Resolved Mr D Sherley/Mr K Boyd |
That the Board note the Operational Report and 1. Write to Mid -Western Regional Council referring to recent correspondence seeking advice on operational membership noting the value proposition and existing engagement; and 2. Note that attendance and engagement in programming will be dealt with on a case by case basis with reports provided to GMAC and the Board as required. |
6i Financial report
Resolved Cr K Keith/Mr P Devery |
That the Board note the Financial Report |
7. Matters Raised by Members
Resolved Cr D Somervaille/ Cr M Liebich |
That correspondence be sent to the Member for Bathurst the Hon Paul Toole for his ongoing support for the organisation for the May Board meeting at Parliament House. |
Western Division Conference – Cr Medcalf and Robert Hunt will be attending. The Deputy Premier, the Hon John Barilaro and Member for Murray, Adrian Piccoli will be in attendance. Cr Medcalf advised he is happy to take any feedback from members to NSW Government representatives.
8. Speakers to the next meeting
Board:
NBN Ian Scott – May 2017
GMAC:
NSW Data Analytics - Dr Ian Oppermann CEO and Chief Data Scientist
Local Government Procurement – Mr Luke Kenny
9. Next Meetings
GMAC – 4 May - Orange
Board – 25 May – Sydney Parliament House
Meeting closed at 11.17am
Page 4 is the last page of the Centroc Board Minutes 23 February 2017
3 Confirmation of Minutes of Previous Meeting
RECOMMENDATION That the Minutes of the Ordinary Meeting of Orange City Council held on 21 March 2017 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate records of the proceedings of the Council meeting held on 21 March 2017. |
Attachments
1 Minutes of the Ordinary Meeting of Orange City Council held on 21 March 2017
ORANGE CITY COUNCIL
MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 21 March 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, Cr R Turner, Cr J Whitton
Acting General Manager, Director Corporate and Commercial Services, Director Development Services, Manager Administration and Governance, Manager Corporate and Community Relations, Works Manager, Transport Asset Engineer
1.1 APOLOGY
RESOLVED - 17/085 Cr C Gryllis/Cr S Munro That the apology be accepted from Cr R Kidd for the Council Meeting of Orange City Council on 21 March 2017. |
1.2 OPENING PRAYER
GEOFF LANGDON OF THE WEST ORANGE BAPTIST 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
2 Mayoral Minutes
Nil
3 Confirmation of Minutes of Previous Meeting
RESOLVED - 17/086 Cr R Gander/Cr S Munro That the Minutes of the Ordinary Meeting of Orange City Council held on 7 March 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 March 2017. |
4 Notices of Motion/Notices of Rescission
Nil
5 General Reports
5.1 Recommendations and Resolutions from Policy Committees TRIM Reference: 2017/435 |
RESOLVED - 17/087 Cr J Whitton/Cr R Turner 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.
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5.2 Outstanding Questions Taken on Notice TRIM Reference: 2017/436 |
RESOLVED - 17/088 Cr J Whitton/Cr K Duffy That the information provided in the report by the Manager Administration and Governance on Questions Taken on Notice be acknowledged.
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5.3 Statement of Investments - February 2017 TRIM Reference: 2017/460 |
RESOLVED - 17/089 Cr K Duffy/Cr R Gander 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.
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5.4 Timetable - Consideration of Integrated Planning and Reporting documents 2017/2021 TRIM Reference: 2016/2812 |
RESOLVED - 17/090 Cr R Gander/Cr J Davis That Extraordinary Meetings of Council be held to consider the 2017/18 - 2020/21 Integrated Planning and Reporting documents on Tuesday 9 May 2017 and Tuesday 13 June 2017 commencing at 7pm.
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5.5 2017 Local Government Election TRIM Reference: 2017/434 |
RESOLVED - 17/091 Cr G Taylor/Cr S Munro 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.
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5.6 2016/17 Water Consumption/Sewerage Charges - 9 Corporation Place Orange TRIM Reference: 2017/287 |
RESOLVED - 17/092 Cr R Turner/Cr N Jones 1 That the combined 2016/17 water consumption charge of $6,791.03 for 9 Corporation Place be reduced by 40% to $4,074.62 2 That the combined 2016/17 sewerage charge of $5,986.13 for 9 Corporation Place be reduced pro-rata to previous consumption of 2015/16 being $1,000.87.
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5.7 Aquatic Centre Usage Policy TRIM Reference: 2017/441 |
RESOLVED - 17/093 Cr J Whitton/Cr J Hamling 1 That Council note the content of the report will form the basis of the Council’s Aquatic Centre Usage Operational Policy. 2 That Council 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.
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5.8 Strategic Policy Review TRIM Reference: 2017/366 |
RESOLVED - 17/094 Cr C Gryllis/Cr R Gander That Council place Strategic Policy ST136 – Orange Aquatic Centre – Terms and Conditions of Entry on public exhibition.
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QUESTION TAKEN ON NOTICE Cr Hamling requested information on the recently held school swimming carnivals and why swimmers did not dive into the pool and started races in the water. |
5.9 Track from Lone Pine Avenue to Shepherd Road TRIM Reference: 2017/332 |
RESOLVED - 17/095 Cr G Taylor/Cr C Gryllis That Council defer a decision on the track connecting Lone Pine Avenue and Shepherd Road for consideration as part of the Delivery/Operational Plan 2017/18.
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5.10 Accelerated Roads Program Update TRIM Reference: 2017/505 |
RESOLVED - 17/096 Cr R Gander/Cr G Taylor 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.
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QUESTIONS TAKEN ON NOTICE Cr Duffy requested details of all costs for the Northern Distributor Road. Information to be provided to Councillors. |
Cr Duffy requested a report on the issue of bats in Cook Park and what action can be taken to remove the bats. Information to be circulated to Councillors. |
Cr Gryllis requested Council report on the possibility of making other water reserves available for recreational purposes to be provided as soon as possible. The Acting General Manager indicated this report will be provided however a Councillor Briefing will be organised initially. |
Cr Turner requested a report on the BMX track and what is planned for this site. The Mayor requested the Club be invited to attend the next meeting and discuss their plans and progress on attracting competitions, installing starting gates etc. |
6 Closed Meeting
In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the Acting 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 Acting 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.
Council debated whether Item 6.2 and 6.4 should be dealt with in Closed Council.
RESOLVED - 17/097 Cr R Gander/Cr R Turner That Council adjourn into a Closed Meeting and members of the press and public be excluded from the Closed Meeting, and access to the correspondence and reports relating to the items considered during the course of the Closed Meeting be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions: 6.1 Tender for the Construction of Rail Underpass Culvert 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 Land Sale This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 6.3 Lease of Hangar Sites - Orange Airport 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. 6.4 Robertson Park Toilets 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 8.30pm.
The Mayor declared the Ordinary Meeting of Council resumed at 8.42pm.
7 Resolutions from Closed Meeting
The Manager Administration and Governance read out the following resolutions made in the Closed Meeting of Council.
6.1 Tender for the Construction of Rail Underpass Culvert TRIM Reference: 2017/462 |
RESOLVED - 17/098 Cr J Hamling/Cr R Turner 1 That Council decline to accept any of the tenders for the construction of the Rail Underpass Culvert, tender number F2427 as a result of all tenders exceeding the available budget. 2 That Council cancel the proposal to contract the Rail Underpass Culvert 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 the General Manager be authorised to enter into negotiations with tenderers to meet time and cost objectives to deliver the construction of the culvert. 5 That Council staff liaise with the Roads and Maritime Services to source any possible additional project funding to enable this project to proceed. 6 That permission be granted to affix the Council Seal to all documents if required.
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Division of Voting |
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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 R Turner, Cr J Whitton, Cr A Brown |
Voted Against |
Nil |
Absent |
Cr R Kidd |
QUESTION TAKEN ON NOTICE Cr Duffy requested an update report on the cycleway including negotiations for the easement over 79 Gardiner Road. |
6.2 Land Sale TRIM Reference: 2017/385 |
RESOLVED - 17/099 Cr K Duffy/Cr R Gander 1 That Council sell the land at 32 and 4 Perc Griffith Way and 5190 Mitchell Highway as detailed in this report for $2.45 million (plus GST). 2 That the proceeds of sale be applied to the Land Development Reserve. 3 That authority be granted to affix the Council Seal on relevant documents, if required.
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6.3 Lease of Hangar Sites - Orange Airport TRIM Reference: 2017/399 |
RESOLVED - 17/100 Cr R Turner/Cr R Gander 1 That Council enter into consecutive leases of five years each to a maximum of 20 years for the lease of Hangars A, B, K and Q at the Orange Airport. 2 That approval be granted for the use of the Council Seal on any necessary documentation if required.
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6.4 Robertson Park Toilets TRIM Reference: 2017/474 |
RESOLVED - 17/101 Cr C Gryllis/Cr K Duffy That the closed report on Robertson Park toilets not be considered and a report be presented to the next open Council Meeting on the proposal and including the estimated cost.
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QUESTION TAKEN ON NOTICE Cr Duffy requested a copy of the General Manager’s contract. Information to be distributed to Councillors. |
The Meeting Closed at 8.43pm
This is Page Number 20 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 21 March 2017.
TRIM REFERENCE: 2017/575
AUTHOR: Michelle Catlin, Manager Administration and Governance
EXECUTIVE Summary
Orange City Croquet Club Incorporated has been leasing the eastern section of Jaeger Reserve for approximately 10 years. The Club has requested an extension of the lease.
This report seeks Council’s approval to enter into a further lease agreement with the Club.
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
Nil
1 That Council enter into a five year lease (with one five year option) with the Orange City Croquet Club Incorporated for part of Jaeger Reserve for $1 per annum (ex GST). 2 That permission be granted for the use of the Council Seal on necessary documents if required. |
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 current lease to the Orange City Croquet Club for part of Jaeger Reserve expires on 9 April 2017.
The Club has been an exemplary lessee, and the relationship between Council and the Club has enabled the ongoing development of croquet and the site itself for the benefit of the community.
Throughout the term of the lease Council has been required to provide minimal assistance with the Club taking on the full responsibility for the care, maintenance and upkeep of the facility.
Council leases several sites to sporting organisations at a minimal rental including Endeavour Oval and Waratahs sports ground. The Lessee is responsible for all maintenance, insurances, upgrades and management with the stipulation that each facility must be used for the benefit of the community.
The recommendation is to enter into a five year lease with one five year option at a rental of $1.00 per annum.
TRIM REFERENCE: 2017/573
AUTHOR: Scott Maunder, Director Community, Recreation and Cultural Services
EXECUTIVE Summary
This report provides Council with an update on the construction of the amenities block in Robertson Park and seeks Council’s direction on the next stage of the project.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “5.1 Our Community – Identify changing community aspirations and undertake community engagement and planning for the creation of open spaces, recreational facilities and services, recognising the special needs of older people and those with disabilities”.
Financial Implications
Council’s Financial Services staff have reviewed the financial implications of the options proposed in this report and identify below how the recognition of the expenditure in terms of assets management and accounting treatment that would need to be undertaken.
It is clear that an amenities block that is separate to another structure as suggested in option 2 and option 3 offers advantages to Council from both an assets and financial impact view point.
Assets management impacts of the three options
Financial Services staff have reviewed the Accounting Standard AASB116 in regard to the stand alone facility as identified in option 2 and option 3 suggests the ability to recognise the structure as a Council asset. This is advantageous to Council as it:
· Adds the structure to Council’s assets management system which provides the opportunity to capitalise most of the expenditure.
· Capitalisation of costs offers operational financial position advantages to Council.
· More importantly, the ongoing management of the facility is under Council’s care and control, thus ongoing maintenance of the facility can be handled by Council directly and renewal of the facility can be added to the assets management system to ensure the facility is budgeted for replacement in the future.
It is less likely works undertaken in option 1 which involve extensive works on the CWA Hall could result in the ability to recognise the building as a Council asset as the building is not under the care and control of Council. Any alterations in any option to the CWA Hall itself will likely need to be expensed and not treated as capital works.
Costs impacts of the two options
The difference in the cost point of the options illustrates a significant advantage financially in undertaking the works under option 2 or 3.
Option 1 would result in a negative impact on the financial position of Council as the estimated cost of the project is approximately $500,000 (ex GST). It is expected this will be entirely operation money and that it will be difficult to capitalise the works as it will be on the CWA’s building. This is well over the current budget of $230,000 (ex GST) that Council has approved for the project.
Option 2 has costs identified in the report of $270,000 (ex GST) of which $19,750 is a contingency allowance. A budget of $230,000 would need to be augmented by $20,250 to allow for the works. The contingency would be noted, but would remain unfunded as it is only to be called on for issues that might arise that are unknown at present. The $20,250 shortfall on budget can be funded from the Assets Renewal Reserve. It is recommended that as the CWA Hall works cannot be capitalised, they be expressly capped at an upper limit of $25,000. The balance of the costs in option 2 can be capitalised.
An estimate of costs for option 3 was obtained in 2014 at approximately $190,000 (ex GST). A current cost estimate has not been obtained. Given price increases over recent years, the estimate could exceed that for option 2. All costs though associated with option 3 could be capitalised by Council. Should Council proceed with this option its entire costs could be capitalised.
Policy and Governance Implications
Nil
That pending formal agreement with the CWA that Council proceed with option 2 as outlined in the report to build the Robertson Park toilet using the budget allocation of $230,000 (ex GST) plus up to $40,250 from reserves as follows: 1 Up to $25,000 (ex GST) for works on the CWA Hall 2 Up to $225,500 (ex GST) for works to construct the amenity and for fees for the project, including project management fees 3 Up to $19,750 (ex GST) being identified as contingency monies for any unknown issue that arises during the project build, held for allocation, if necessary. |
further considerations
The recommendation of this report has been assessed against Council’s other key risk categories and the following comments are provided:
Service Delivery |
No public amenity is available in Robertson Park. |
Image and Reputation |
Council has received criticism in relation to the lack of public amenities in Robertson Park, particularly at times of major events held in the Park. Council has been considering this project for an extended period of time. |
Stakeholders |
Council has been working with the CWA to identify a solution for the provision of toilets in Robertson Park and also provide a benefit to the users of the CWA Hall. The CWA has been acting in good faith with Council and altered its external hire arrangements in anticipation of the works being completed in line with previous Council resolutions. |
SUPPORTING INFORMATION
At its meeting of 8 December 2016 Council resolved:
RESOLVED - 16/521 Cr J Whitton/Cr G Taylor 1 That Council declines to accept any of the tenders for the Construction and Part Demolition - CWA Amenities Building - Robertson Park, Tender Number F2329 as a result of all tenders exceeding the available budget. 2 That Council cancel the proposal to contract the Construction and Part Demolition – CWA Amenities Building – Robertson Park contemplated in the tender. 3 That Council note that extenuating circumstances exist, being that tenders received did not meet available budget, and that Council does not consider re-tendering will achieve a better result. 4 That the General Manager be authorised to negotiate the terms of a contract with other suitable organisation(s) for a cost effective solution which aligns with Council’s objectives to construct amenities in Robertson Park. 5 That permission be granted for the use of the Council Seal on all relevant documents if required. |
Following the resolution Council staff met with two of the tenderers (the third declined) and a local builder to review the tender submissions and to determine what cost savings could be achieved for the project.
Whilst some savings were identified in the negotiations, the costs for the project remained in the range of $470,000 to $500,000. Further costs savings may be able to be achieved with building modification however these were in the order of $20-30,000 and would require further approvals.
It is recognised that these costs are well in excess of the original estimates for the project which were determined at the time of the design after seeking third party advice. Costs are also reflective of the current demand for building services in the region.
Should Council proceed with option 1 at a cost of up to $500,000, this would result in a negative impact on the operating costs at $500,000.
With this in mind Council staff again explored an alternative option. Option 2 would deliver a facility including three cubicles which could be accessed from within the building, and public toilets which would include two general cubicles and one cubicle for people with disability which could be accessed from either within the CWA Hall or external to the building.
This option would also include the repair of the existing toilets and upgrade of kitchen of the CWA Hall.
A comparison of the two options follows:
Feature Of Design |
Option 1 |
Option 2 |
Disability access to the building |
Yes |
No – although provides access to public toilets. |
Allows the mothers/meeting room to open out onto the fenced courtyard which provides an enclosed safe and secure area within the park |
Yes |
Yes |
Includes the upgrade of the kitchen |
Yes |
Yes |
Addition of a private courtyard with a surrounding fence reducing the opportunity of vandalism which historically occurs in concealed spaces |
Yes |
Yes |
The courtyard also allows the responsible service of alcohol to take place increasing the use of the building |
Yes |
Yes |
Allows the CWA building and amenities block to be seen as a holistic building. |
Yes |
No |
Ability to utilise hall during construction |
No |
Yes |
A detailed cost estimate was requested using the design detail and concepts of the current proposal. Allowing for a contingency of 10% (which may not be required), and the cost for site management, repair of the existing toilets and renovation of the kitchen the project cost would be:
Option 2 |
197,500 |
Contingency at 10% |
19,750 |
Project management and site establishment |
20,000 |
Toilet repairs |
5,000 |
Kitchen renovation |
20,000 |
Council Fees |
8,000 |
Total |
270,250 |
Council has again discussed the matter for the alternative option 2 with the CWA. The initial reaction as it was in September 2015 is that the CWA’s strong preference was for the original design – option 1 rather than the alternate option 2. However they would consider option 2. Copies of correspondence are attached to this report.
The most recent correspondence from the CWA has also requested a firm timeframe of proposed works. A comparative table between options follows:
Project Milestones |
Option 1 |
Option 2 |
Detailed plans for DA |
|
April 2017 |
Lodge and assess DA – 3 months |
|
July 2017 |
Conduct and award Tender |
|
August 2017 |
Engage contractor |
March 2017 |
September 2017 |
Conduct works (allow time to procure services and program in to current works program) |
May 2017- August 2017 |
September 2017 – December 2018 |
Works completed and site operational |
September 2017 |
January 2018 |
Cost |
500,000 Operational |
245,250 Capital 25,000 Operational |
STAND ALONE FACILITY (option 3)
Council requested information relating to the stand alone facility proposed in 2014.
At its meeting of 15 July 2014 Council resolved:
RESOLVED - 14/818 Cr G Taylor/Cr R Turner That Council proceed with the lodgement of the development application for the construction of a three cubicle amenity block located on eastern side of Robertson Park as detailed in the report.
|
The design was developed and a Development Application was lodged with Council for its consideration. At its meeting of 2 December 2014 to consider the development application Council resolved:
2.3 Development Application DA 295/2014(1) - Robertson Park (Amenities Facility) - 269-279 Summer Street TRIM Reference: 2014/2229 |
Cr C Gryllis declared a pecuniary interest in item 2.3 as Managing Agent for several properties in this area, left the Chamber, and did not participate in the voting or debate on this item. |
RESOLVED - 14/001 Cr N Jones/Cr R Turner That Council defer development application DA 295/2014(1) for Recreation Area (amenities facility) at Lot 702 DP 1002273 - Robertson Park - 269-279 Summer Street, Orange pending further investigation of alternate locations (including the CWA Hall).
|
Council then held a number of meetings with the CWA to determine if co-location was possible. Following those discussions two concept plans were developed for which Council sought and attained in-principal agreement from the CWA.
At its meeting of 6 October 2015 Council resolved:
RESOLVED - 15/467 Cr S Munro/Cr C Gryllis 1 That Council co-locate the new amenities block in Robertson Park with the Country Women’s Association Hall. 2 That Council proceed with option 1 as set out in this report to progress to the detailed design stage.
|
As a consequence Council withdrew its application DA 295/2014(1). Should Council choose to do so it would be a relatively simple process to reactivate the development application for the stand alone facility.
The cost estimates in 2014 was $190,000 (ex GST) however a current estimate of costs has not been obtained and may be significantly different. Copies of the stand-alone design are attached to this report.
1 Option 2 - Co- location of amenities with CWA, D15/36068⇩
2 Request consideration by CWA of alternate design, D17/16602⇩
3 Response from CWA of alternate design, IC17/4907⇩
4 Response to proposed options - public toilets at CWA Hall - Robertson Park - September 2015, IC15/14172⇩
5 DA 295/2014(1) - plans - Robertson Park - 269-279 Summer Street, IC14/12743⇩
Council Meeting 4 April 2017
5.2 Robertson Park Toilets
Attachment 1 Option 2 - Co- location of amenities with CWA
5.2 Robertson Park Toilets
Attachment 2 Request consideration by CWA of alternate design
5.2 Robertson Park Toilets
Attachment 3 Response from CWA of alternate design
Country Women’s Association of NSW
Orange Branch PO Box 621 Orange NSW 2800
10 March 2017
Mr Scott Maunder
Director Community, Recreation and Community Services
Orange City Council
PO Box 35
Orange NSW 2800
Reference 017/16602
Dear Scott
When in early 2015 Orange City Council made its request to locate public toilets on the CWA site and to demolish and rebuild our toilets, meeting room and kitchen (Option A), our members saw an opportunity to accelerate our existing hall maintenance and development program. Our members have supported Option A as noted in our letter to you of 7 December 2015 and other correspondence thereafter. Option A was also preferred by the building owner, the Country Women’s Association of NSW. Since December 2015 we have postponed our own toilet and kitchen renovations and have concentrated on other improvements to the hall as grants became available.
In August 2016 after tenders were called on Option A and on your advice that building works would finally commence towards the end of 2016, we cancelled our regular and casual hall hirers and made plans to relocate our meetings for some months. This involved considerable and ongoing loss of revenue for the branch. However, we were of the view that any encumbrance of our site with public toilets was balanced by the new building and the proposed improvements to access and the amenity of our building. We also believed that in the long term the rebuilding and co-location plan was the best solution for Orange City Council, the CWA and the community and any short term losses would be outweighed by long term gains for all concerned.
Since then we have co-operated fully in securing designs and final plans for Option A along with deeds of agreement between council and the CWA and approval of the development application from CWA’s chief executive officer.
It has taken time and effort from our willing but busy volunteer members to handle this correspondence and seek the necessary approvals. We are disappointed that after more than two years we have nothing to show for our effort and nor has council. Now the branch has other activities that demand the attention of members and we would NOT welcome the work and delay involved in yet another set of potentially fruitless negotiations. Nevertheless, we would be prepared to discuss and seek approval from our members and the Association for further options such as mentioned in your letter of 2 March 2017 once council has a genuine and detailed offer, an approved budget (with necessary contingencies) and a reasonably firm timeline for the work.
However, our strong preference remains for Option A, which although expensive, is in the best interests of all concerned. Further our members believe it is long past time for council to make a firm and final decision about co-location of toilets on this valuable, central and well located site.
Unless council expedites the building works we will have no other option but to reopen the hall for casual and permanent bookings from early April.
Yours sincerely
Deborah Marr
Secretary
CWA Orange branch
5.2 Robertson Park Toilets
Attachment 4 Response to proposed options - public toilets at CWA Hall - Robertson Park - September 2015
5.2 Robertson Park Toilets
Attachment 5 DA 295/2014(1) - plans - Robertson Park - 269-279 Summer Street
6 Closed Meeting - See Closed Agenda
The General Manager will advise the Council if any written submissions have been received relating to any item advertised for consideration by a closed meeting of Orange City Council.
The Mayor will extend an invitation to any member of the public present at the meeting to make a representation to Council as to whether the meeting should be closed for a particular item.
In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.
Recommendation That Council adjourn into a Closed Meeting and members of the press and public be excluded from the Closed Meeting, and access to the correspondence and reports relating to the items considered during the course of the Closed Meeting be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions: 6.1 Tender - Reference Concept Design for the Orange STP Disinfection Upgrade 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. |
6.1 Tender - Reference Concept Design for the Orange STP Disinfection Upgrade
TRIM REFERENCE: 2017/549
AUTHOR: Jon Francis, Manager Water Treatment
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.