Issue

Response

Maintenance needs at the pool – changerooms in existing and new building

Changerooms budget is already included in 2017/18 budget. $102,300 has been budgeted for this project.

Funding for new footpaths and maintenance of existing

$1M has been added over the 4 years from 2017/18 into the draft budget

Trees in poor condition

$100,000 added to City Presentation for overall increase in levels of services, including for trees, has been added to each year of the 4 years with a CPI index applied. 

Different rating between Ammerdown and Clifton Grove – why different when both 5 acre blocks

Up until 1977, Orange City Council had one General Rate for residential properties and a Rural Land Rate. In 1978 a Lower Differential General Rate was introduced for the villages of Spring Hill and Lucknow, the rural residential subdivision of Clifton Grove and other small rural-type residential subdivisions. The amount of this rate was between the General Rate and the Rural Land Rate.

This rating structure continued until 1990 – the Ammerdown subdivision was registered in 1982 and rated at the lower rate. During 1990, Council received a revaluation and when examined by Council it was discovered that there were significant and disproportionate changes to land values within the LGA. This eventually led to Locality Based Differential Rating being introduced in 1991 with seventy eight (78) different locality rates used. This structure remained until the introduction of the new Local Government Act from 1 July 1993. From that date, Council’s rating structure included a Residential Rate and the Residential sub-categories of Ammerdown, Clifton Grove, Lucknow, Spring Hill and Rural Residential each paying a different rate.

The Valuer General provided a revaluation in December 2005 and when the 2006/07 Management Plan was being drafted the opportunity was taken to assess the impact of the changes to land values and provide some rating scenarios that afforded some relief to the average residential rate. The comparatively high residential rates were considered.  It was also discovered that the average business rate in Orange was well below those councils included in the Office of Local Government grouping (group 4) of councils for comparative purposes.

The broad parameters established for the proposed rating structure from 2006/07 were:

·    Provide a minor reduction in the average residential rate

·    Eliminate the separate rate categories for Clifton Grove and Ammerdown, to provide equity with other rural residential properties. Properties less than 2 hectares to be classified as Residential and 2 hectares or more Rural Residential, or Farmland if the criteria is right

·    Provide a Village rate that is applicable to all. This category has some equity to residential rates, being set at 75% of the residential rate

·    Provide a more equitable rating structure for Business properties, that is more in keeping with other regional centres in Group 4 councils included in the Local Government Comparative Statistics

When put on display there were a large number of submissions opposing the proposed structure.

One concern raised by Clifton Grove and Ammerdown residents was the fact that by using the Rural Residential rating criteria of the Act residents with properties of less than 2 hectares in area would be paying considerably more in rates than their neighbours with greater than 2 hectares - without any difference in services provided to be rated as Rural Residential a property must be the site of a dwelling and be between 2 and 40 hectares in area.

After more community consultation and legal opinion, Council resolved a small reduction in residential rates, Clifton Grove and Ammerdown sub-categories were retained, a Village rate was introduced based on 60% of average Residential Rate instead of the originally proposed 75% and there was an increase to Business rates.

Any changes to our rating structure would require significant community consultation similar to the processes illustrated above when the 2006/07 and 1990 reviews were done. 

While it is timely to undertake a review, any changes to the rating structure should be undertaken with precision given the broad impacts and such reviews take time.  Changes to part of the rating sub-category requires assessment of the whole of the rating system as Council must manage within the allocation of rates revenue that has been approved. All changes have impacts on other rating areas that have to be modelled.

There is insufficient time to undertake such a review for 2017/18. 

A review is supported but the review should be done from a level of service basis and as each Council sets the levels of service in the new Community Strategic Plan at the beginning of their term, it is recommended that the idea of a review be deferred to the next Council which will be in place from September.

What are our water rates compared to Bathurst and Dubbo

The 2015/16 NSW Water Supply and Sewerage Performance Report (DPI Water) was issued in May 2017. Bathurst, Dubbo and Orange are all Group 1 Councils (greater than 10,000 connections). All councils provide data to DPI Water in September 2016 (for the 2015/16 FY), hence pricing figures are for the 2016/17 FY.

As the three councils use difference pricing schemes, the best comparison is the Typical Residential Bill (TRB) which is calculated using the average annual residential water usage for that city. The annual average residential usage for Orange is lower than both Bathurst and Dubbo. The Orange TRB is between Dubbo and Bathurst’s results. Orange has the lowest Sewer minimum charge.  The

2016/17 Financial Year

Orange City Council

Water TRB - $631

Usage charge $2.27/kL then $3.40/kL > 450kL (inclining block tariff), Fixed charge $259/annum

Sewer  - Minimum charge $484

Dubbo Regional Council

Water TRB - $866

Usage charge $1.94/kL (two part tariff), Fixed charge $255/annum

Sewer - Minimum charge $725

Bathurst Regional Council

Water - TRB $576

Usage charge $1.89/kL then $2.84/kL > 250kL (inclining block tariff), Fixed charge $164/annum

Sewer    - Minimum charge $529

The State wide median residential usage charge is $2.30/kL (OCC is $2.27/kL for the first 450kL).

Maintenance needs at Botanic Gardens – carpark, church

The existing budget for Botanic Gardens car park works delivers a level of service summarised as follows: 

·    Weeds sprayed monthly

·    Rubbish removed twice a week

·    Irrigation systems are checked every 6 weeks during use

·    Pest and disease control is carried out using Integrated Pest Management control

·    Areas are pruned annually

·    Tree maintenance carried out annually

Other works in the carpark area – such as the repair of potholes and line marking - is carried out by Technical Services staff via the request system. There is no set budget allocation for the maintenance of this carpark area. Any works requested are funded from the Botanic Gardens maintenance funds.

Church - any repair works are carried out as required through the request system by building maintenance staff, this has been covered in the building maintenance budget for the Botanic Gardens which is $23,564 in 2017/18.

Function Centre at Botanic Gardens pricey – needs to be open at certain times

The Council is currently seeking via expression of interest responses for the management of the venue.

Issue

Response

No levels of service for Museum

Proposed inclusion in the levels of service table as follows:

Orange Regional Museum opened in November 2016. A rotating series of installations will showcase the social histories and heritage of the region through diverse themes such as migration, food, mining, sporting and others. The Museum also presents a diverse program of workshops, lectures and family friendly activities and has a growing collection of historical items. The Museum is open 9am to 5pm daily (except Christmas Day and Good Friday). Entry is free.

No community use of ELF in fees and charges

Practice has been not to charge community groups.  An item will be added to the fees and charges for free venue hire for not for profit community groups.

No allocation for Council facility for companion animals

Council is yet to determine the model and requirements for managing companion animals. It would need to come to Council as part of a quarterly adjustment. The budget does continue to include the level of funding paid to the previous contractor, RSPCA.

Issue

Response

Info on Fire and Emergency Services levy – separate part of rates notice

The NSW Government has subsequently advised they will not be continuing with this charges at this stage.  The reference to the item will be removed from the Delivery/Operational plan.

Submission 1

Received from

Mary Grocott

Request In summary, the applicant is seeking: Footpaths in Dalton Street east of both sides of Spring Street.

Submission 3

Received from

Robbie Beet

Request In summary, the applicant is seeking: New footpath/upgrades northern end Peisley Street – Margaret Street to the rail line

Submission 4

Received from

David Rodwell

Request In summary, the applicant is seeking: Foothpaths various locations in March Street

Submission 9

Received from

Janette Cashen

Request In summary, the applicant is seeking: Between Woodward and Sampson Streets on the northern side of Moulder Street

Submission 10

Received from

G S Jack (and others)

Request In summary, the applicant is seeking: Footpaths on Autumn Street between Dalton and March Streets

Submission 11

Received from

Marlene Farrell

Request In summary, the applicant is seeking: Footpaths on Hill Street,  also Matthew Avenue, Anson Street and Phillip Street, Hill Street between Byng and March Streets 

Staff Comment on all submissions on the footpaths program

Increases in the budget for footpath replacement, renewal and maintenance across various areas has occurred in the past 2 years. In the 2017/18 and the following 3 years, $250,000 has been added per annum to the budget, taking the total budget to $350,000 in 2017/18 (of which $30,000 has already been allocated to works near the Anson Street School).  The increase to the footpaths budget over the draft budget equates to $1M in additional footpaths programming over the 4 years of the Delivery/Operational Plan.

The submissions received will be used to inform the footpaths program for 2017/18. The program of works will be submitted back to Council in August 2017.

A summary of the works completed over the past 3 years is as follows:

2016/17

·    Macnamara Street – Summer to Kite Street, right side (part)

·    Kite Street – Lords to Anson Street, left side

·    Franklin Road – Anson to Hill Street

·    Gardiner Road – Anson to Hill Street

·    Ploughmans Lane – Escort to footbridge (including footbridge)

·    Bathurst Road at Lone Pine intersection

2015/16

·    Nelson Park – Namatjira Crescent to Gardiner Road

·    Matthews Park – Moulder Street to Kite Street

·    Stirling Ave Park – Stirling to Wetlands

·    Allenby Road Stg2 – Icely (W) to Icely (E), right side         East Orange

·    Byng Street – Autumn to McLachlan, left side          East Orange

·    Byng Street – McLachlan to William, left side                   East Orange

·    Byng Street – Anson to Sale, right side

·    Huntley Road – Bloomfield hospital intersection to Bloomfield Rd

·    Hill Street – Kite to Moulder, right side

·    Hill Street – National to Warrendine, left side

·    Sale Street – Kite to Moulder, right side

2014/15

·    Allenby Road Stg1– Icely (W) to Icely (E), right side East Orange

·    Autumn Street – Summer to Byng, right side           East Orange

·    Nile Street – Summer (E) to Icely, left side               East Orange

·    Autumn Street – Icely to Summer (E), right side      East Orange

·    Autumn Street – Icely to Summer (E), left side         East Orange

·    Icely Road (Park to James Sheahan), new                 East Orange

·    Kite Street – Anson to Sale, right side

·    Anson Street – Kite to Moulder half block, left side

·    Sale Street – Summer to Kite, left side

·    Summer Street – Hill to Clinton, left side

·    Ploughmans Wetlands – Stirling Park to gravel path

·    Blackmans Swamp Creek – McLachlan to Spring Street

·        Glenroi Oval – Glenroi to Garema

·        International Gardens Park – Franklin to Warrendine

·        Moulder Park – Anson Street to Warrendine Street (incl footbridge)

Recommendation

That the submission received be reviewed in the context of the footpaths program and that the program be presented back to Council in August 2017.

Submission 2

Received from

Linda Dawson

Request Reduction in Library fees for tutoring in the Library

Staff Comment

This policy was first introduced into Central West Libraries in 2011 in response to the increasing number of tutors operating their commercial businesses from branch libraries, particularly Orange. This encompasses primary, secondary, tertiary and life-long learning students, either individually or in small groups, and includes tutoring offered for free and financial gain. While once such interaction would take place in the student or tutor’s home increased awareness of child protection issues has made this a less popular option.

While it is pleasing to see CWL branches used for this purpose it does raise a number of issues:

1 Disruption to other clients, especially when tutoring is undertaken in a group situation.

2 The Library’s duty of care in regard to children and young people being tutored in the Library.

3  Contravention of Library Regulation 2010 (Library Act 1939) Section 14:

A person must not, without the consent of the governing body for the library, use any library for any other purpose than reading, consulting or borrowing the library material of the library or using any other library service or information service.

4   Insurance and liability. Advice was obtained which indicated that if a person is running their own business Council is entitled to charge a hire fee and request proof of the public liability insurance, noting Council’s interest. Regardless of whether or not a fee is charged proof of current public liability insurance cover is necessary. When the tutor is tutoring a minor, they must include a letter of consent from the parents/guardians of the minor.

The Central West Libraries Tutoring in the Library Policy was developed in response to these issues and the fee of $5.00 per student/per session 9 (up to 2 hours) levied. This fee has not risen since 2011. This Policy is in line with similar policy decisions in public libraries across NSW. Ronald McDonald House and other not for profit organisations do not have to pay the tutoring fee. However they must provide a copy of their Public Liability Insurance each year and a consent form needs to be filled in for each student. The decision as to which students come under a not for profit remit is a matter beyond Council’s control. Library staff monitor the situation with tutors as diligently as possible and are currently implementing an online recording system that will ensure greater accountability.

Recommendation

No further action required.

Submission 5

Received from

Gary Scovell

Request The applicant is seeking works on Somerset Park.  A follow up with the author has confirmed the comments refer to Somerset Park only.

Staff Comment 

The works have been considered but have not been prioritised over the current works already scheduled for parks. Consideration of the $13,000 required for the project will be considered in subsequent years budgets.

Recommendation

No further action required.

Submission 6

Received from

City of Orange Brass Band

Request The applicant sought $5,000 for rates reimbursement in a donations application.  This submission is seeking additional donation of $522.70 for Theatre Hire fees and $1,656 for costs related to traffic control and also that the full $5,000 be paid.

Staff Comment 

Council has allocated a total of $106,323 in donations in the 2017/18 Delivery/Operational Plan. 

As usual, requests were higher than the available donations budget. Council generally applied the following criteria to allocate donations when it adopted the draft plan placed on exhibition:

1    Not for profit, first time recipient – 100% of request allocated

2    Not for profit, previous recipient – 50% of request allocated

3    For profit, first time recipient – 25% of request allocated

4    For profit, previous recipient – 0% allocated

As a previous recipient, the Band has been allocated $2,989 towards the rates. The Band has received $53,500 between 2005 and 2014.

There is only a remaining unallocated budget of $9,322 for all other donation requests Council receives throughout 2017/18. 

The policy identifies that an entity should receive one donation per annum only.

Recommendation

The donation remain at $2,989 as advertised.

Submission 7

Received from

Neil Jones

Request The applicant sought

Delivery/Operational Plan:

1    Levels of Service- (p166), Cultural Services to include Orange Regional Museum.

2    Page 103 - Community Facilities, last line under Level of Service for the Cultural Centre - something missing at end of sentence, "...arts/crafts focus, daily and as".(??)

Fees and Charges

3    Wherever there are references to Friends of Orange Regional Gallery, should include Friends of the Orange Regional Museum, as "no charge" for use of East Room/West Room, North Court, Emmaville Cottage, and also add, Museum/VIC Foyer, and Museum Activities Room.

4    In fact there are no fees and charges mentioned for use of Museum.

5    With regard to the ELF, use by Not for Profit organisations should be "no cost" (although I do appreciate that ELF usage is under review).

Staff Comment 

Item 1: This has been dealt with in the matters raised by Cr Jones at the meeting of 9 May as outlined above in this report.

Item 2: The table has cut off the last word – this will be amended in the final version – the paragraph will read: “The Cultural Centre, Sale St, Orange – spaces allocated to community groups with an arts/crafts focus, daily and as requested.”

Item 3: Recommendation is to expand the reference to “friends” of the Council facilities to include the Friends of the Museum. “Friends” have been listed as having free access to the venues in the Fees and Charges document.

Item 4:  Fees and Charges – page 33 includes fees for the Museum and South Court.

Item 5: Once the review is complete, any necessary fees and charges amendments will be presented to Council to be placed on exhibition.  

Recommendation

That the reference to “Friends” in the Fees and Charges be extended to cover the Friends of the Museum where free access to venues is offered.

Submission 8 – The contact person was asked to submit a covering letter or additional information in order to satisfy the requirements for the petition to be attached.  If further information is supplied, it can be circulated. 

Received from

Eric Dyer 

Request The applicant provided a submission regarding toilets and lights at John Lomas Skate Park facilities.  It does not contain sufficient information to comply with the Council’s Code of Meeting Practice which seeks names and addresses to enable confirmation of those signing petitions. The applicant has been asked to supply additional information. 

Staff Comment 

The matter can be considered as a quarterly adjustment request when the letter is supplied.

Recommendation

No further action required.

Submission 12 and 13

Received from

Joel Spagnolo and Steve Golfin

Request The applicants sought the sealing of Wicks Road.

Staff Comment 

Due to the competing needs of the existing sealed road network, Wicks Road was omitted from the draft Capital Works budget.  When looking at the current  backlog of works required on the existing sealed road network, Council’s asset management strategy would generally recommend against creating new sealed roads which effectively increase the burden of maintenance and rehabilitation over time, especially on low trafficked roads.  Wicks Road however has extra considerations that may warrant bringing this project on line including the steep,  narrow and tree lined nature of the road in sections that can be argued to increase maintenance grading requirements and be less safe than other roads.   Works required to seal the road include improving road drainage, vegetation management, adding a gravel pavement and sealing.  These works are estimated to cost $100,000.    In order to fund this Capital upgrade from within the proposed roads budget in 2017/18 funds would need to be taken from the Road Gravel and Reseal budget.

Recommendation

That Wicks Road sealing be undertaken within the Road Gravel and Reseal budget.

Submission 14

Received from

Shirley Hyde

Request The applicant sought a review of the fees and charges for weddings at the showground pavilion. 

Staff Comment 

The wedding reception hire fee was established for the Agricultural Pavilion due to the added requirements for a booking of this nature when compared to standard usage. Primarily this relates to additional cleaning of the Pavilion floor and extended access to the Pavilion around the booking date (up to 5 days) to allow for bump in and bump out.  

Recommendation

No further action required.

Submission 15

Received from

Rotary Club of Orange North

Request The applicant sought a contribution of $35,000 for construction of an amenities block at Mt Lindsay Rotary Park.

Staff Comment 

It is not a priority in Council’s open space strategy to construct an amenity facility at Mt Lindsay Rotary Park. Whilst there is a need, i.e. a couple of times a year when the Rotary Clubs hold a dedication ceremony on site, Mt Lindsay is a tourist location for a quick stop to view the Cityscape, but not somewhere where people tend to stay for more than a few minutes, as such an amenity facility is not a priority.

Council could consider the request in future years as priorities are reviewed.

Recommendation No further action required

Submission 16

Received from

Reg Kidd

Request

1    Footpaths – seeking $1.5M to be added to the first 3 years of the Plan

2    Parks and Gardens – $1.5M requested in the 2016/17 budget

3    Adventure Playground - $40-$50,000 in 2017/18

4    Comment on a memo supplied on 12 April 2016 relating to the 2016/17 budget.

5    Racing Orange donation - requirements of the funding agreement

6    Request for a briefing on the submissions

Staff comment-

1    Footpaths – the draft budget has had a total of $1M added over the 4 years of the Delivery/Operational Plan.

2    Botanic Gardens carpark and church comments in the section above after similar issues were raised in Council meeting. Overall the submission is primarily on the 2016/17 budget.  Items such as the triangle on the Northern Distributor have been attended to.

3    The Adventure Playground is a level one facility and is maintained weekly. A monthly inspection of play equipment and surrounds is conducted monthly with and repairs scheduled and conducted. An example being the swing for children with a disability. Recent partnerships with community groups has seen additional maintenance works carried out.  Existing budgets adequate to maintain.

4    Matter relates to the 2016/17 year so not assessed in this review.

5    Council has a resolution to fund this donation for 4 years at $100,000 per annum. The performance based agreement ends in 2017/18. The request was placed on public exhibition as required for donations. This donation was specified in the report to Council to place the draft current Delivery/Operational Plan on exhibition on 9 May 2017. It was also raised as one of the donations Council had budgeted at a councillor briefing session. Council received the outcomes on the first year of the agreement in a report to the May 2016 meeting. The second year’s reports are due now and Racing Orange have been approached to supply the audited statements and the other reporting requirements.  The annual allocation is not paid until the reporting requirements have been met.

6    Council has an extraordinary meeting of Council specifically scheduled for the consideration of submissions. This submission was received on 7 June and there was insufficient time to hold a further briefing. 

Recommendation

1    Footpaths program to be presented to Council in August.

2    No further action required.

3    No further action required.

4    No further action required.

5    No further action required.

6    No further action required.