ORANGE CITY COUNCIL
Ordinary Council Meeting
Agenda
1 August 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, 1 AUGUST 2017 commencing at 7.00pm.
Garry Styles
General Manager
For apologies please contact Michelle Catlin on 6393 8246.
Council Meeting 1 August 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
2.1 Suicide Prevention Awareness and Training
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 18 July 2017
COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE POLICY COMMITTEES
4 Notices of Motion/Notices of Rescission
4.1 Orange Rail Action Group Update by Cr Jones
5.1 Adoption of Amendments to Schedule of Fees and Charges
5.2 Request to Guarantee Loan - Orange Emu's Rugby Club
5.3 Orange to Carcoar Pipeline - Malicious Damage.
5.4 Additions to Register of Fees and Charges
6 Closed Meeting - See Closed Agenda
6.1 Acquisition of land - Southern Feeder Road
6.2 Tenders for the Transportation of Liquid Waste.
Council Meeting 1 August 2017
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.
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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: 2017/1638
Mayoral Minute
The Te Aria Foundation Incorporated (TAFI) is a registered Australian charity set up by Mr Rob Nixon to assist people whose lives have been impacted by suicide and to develop a Suicide Prevention Plan for Orange including the establishment of a peer support program for people contemplating suicide. Mr Nixon’s vision for this Foundation is to save lives at risk of suicide through prevention, awareness and intervention strategies.
Mr Nixon lost his daughter to suicide in 2010, his eldest son in April 2016 and his former partner and mother of his children in August 2016.
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That Council provide $2,500 for the conduct of suicide prevention training/peer support program funded from the donations budget. |
John
Davis
Mayor
SUPPORTING INFORMATION
The Te Aria Foundation is seeking to train members of the community in suicide prevention and to promote peer support for people at threat from suicide or effected by suicide.
To raise awareness the Te aria Foundation plans to organise a number of events over the coming months, including:
· 10 September 2017 – “Us Day” focusing on suicide prevention, awareness and intervention. The day will focus on an formulation of a panel to create a community forum to discuss the development of a suicide prevention plan for Orange, promote TAFI Peer Support Program, provide the opportunity to public to learn more, gain support for Vision of Hope Suicide Prevention Walk, engage with possible sponsors.
· 7 to 14 October 2017: Vision of Hope Suicide Prevention Walk – Orange to Parkes.
The provisional program for the walk and events leading up to it are:
o 7 October 2017: Conduct an awareness clinic in Orange supported by Black Dog Institute
o 8 October 2017: Promote and provide information to public and partners
o 9 October 2017: School engagement
o 10 October 2017: World Mental Health Day: promotion and awareness
o 11 October 2017: Walk commences Orange to Manildra
o 12 October 2017: Bus to Eugowra – promotion in Eugowra – Walk to Parkes
o 13 October 2017: School visits, NRL coaching clinics in Parkes, promotion
o 14 October 2017: NSW Country All Stars vs New Zealand All Stars and lead up games.
STAFF COMMENT
Council can fund the proposed donation via the remaining balance in the General Donation allocation. The current remaining balance is $5,802.10.
Council has been advised that the applicant is a not for profit entity so advertising the donation is not required.
The donation will be used by the Te Aria Foundation to fund participation in suicide prevention training. This is sometimes referred to as CPR for mental health and provides members of the community with the tools to recognises and assist people at risk of suicide. It focus on providing initial support for a person, stabilising their emotional state and referring the person for additional clinical assistance.
Financial Implications
Nil
POLICY AND GOVERNANCE IMPLICATIONS
Nil
1 Donation and Grant Application - Te Aria Foundation Incorporated, D17/42139⇩
Council Meeting 1 August 2017
2.1 Suicide Prevention Awareness and Training
Attachment 1 Donation and Grant Application - Te Aria Foundation Incorporated
3 Confirmation of Minutes of Previous Meeting
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RECOMMENDATION That the Minutes of the Ordinary Meeting of Orange City Council held on 18 July 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 18 July 2017. |
Attachments
1 Minutes of the Ordinary Meeting of Orange City Council held on 18 July 2017
ORANGE CITY COUNCIL
MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 18 July 2017
COMMENCING AT 7.00pm
1 Introduction
Attendance
Cr J Davis OAM (Mayor), Cr J Hamling (Deputy Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr N Jones, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton
General Manager, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Administration and Governance, Manager Corporate and Community Relations, Operations Manager, Works Manager, Transport Asset Engineer
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RESOLVED - 17/321 Cr C Gryllis/Cr R Gander That Council allow the media to record the Council Meeting.
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1.1 APOLOGIES
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RESOLVED - 17/322 Cr C Gryllis/Cr J Whitton That the apologies be accepted from Cr A Brown and Cr R Kidd for the Council Meeting of Orange City Council on 18 July 2017. |
1.2 ACKNOWLEDGEMENT OF COUNTRY
1.3 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Cr J Whitton declared a less than significant non-pecuniary interest in item 2.1 - Corrections to Minutes of Council Meeting 22 June 2017. Cr Whitton had previously declared a pecuniary interest in the item relating to the Orange Airport Industrial Park, as family of Cr Whitton owns land in close proximity to the site.
Cr G Taylor declared a significant non-pecuniary interest in item 6.2 (Tender Outcome – Maintenance Public Open Space). Cr Taylor has a landscape/maintenance business although did not participate in the tender process or submit a tender.
2 Mayoral Minutes
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2.1 Corrections to Minutes of Council Meeting - 22 June 2017 TRIM Reference: 2017/1486 |
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Cr J Whitton declared a less than significant non-pecuniary interest in item 2.1 - Corrections to Minutes of Council Meeting 22 June 2017. Cr Whitton had previously declared a pecuniary interest in the item relating to the Orange Airport Industrial Park, as family of Cr Whitton owns land in close proximity to the site. |
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RESOLVED - 17/323 Cr J Davis/Cr G Taylor 1 That the minutes of the Council Meeting held on 4 July 2017, in the item confirming the minutes of the meeting of 22 June 2017 (resolution 17/290) acknowledge the proposed amendments to the following items: · Cr Kidd’s question taken on notice in relation to Barkers Cottage noting this had been previously requested. · Cr Kidd’s question taken on notice in relation to the Showground maintenance previously requested. 2 That Council confirm that the minutes of the meeting of 22 June 2017 are correct in relation to the Division of Voting for the Planning Proposal for the Orange Airport Industrial Park, resolution 17/266. 3 That the mover and seconder on Minute 17/282 be noted as Cr Gander/Cr Davis. 4 That Council confirm that the minutes from the meeting of 22 June 2017 are correct in relation to Resolution 17/286 regarding Council writing to the Office of Local Government, Minister for Local Government, LGNSW, Australian Local Government Association and CENTROC expressing concerns about Code of Conduct application, particularly around Councillors determining sanctions resulting from investigations.
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** Cr Duffy requested that his name be recorded as having voted against this decision of Council. **
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2.2 Recording Council Meetings TRIM Reference: 2017/1487 |
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RESOLVED - 17/324 Cr J Davis/Cr J Hamling That a report be provided to the first meeting of the next Council in relation to the possible audio and visual recording of Council Meetings.
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3 Confirmation of Minutes of Previous Meeting
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RESOLVED - 17/325 Cr J Whitton/Cr R Turner That the Minutes of the Ordinary Meeting of Orange City Council held on 4 July 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 4 July 2017, subject to the inclusion of resolved changes made by Item 2.1 – Mayoral Minute – Corrections to Minutes of Council Meeting 22 June 2017. |
4 Notices of Motion/Notices of Rescission
ITEM 4.1 - SECURITY AT ELEPHANT PARK BY CR KIDD
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RESOLVED - 17/326 Cr R Gander/Cr S Munro That Item 4.1 – Security at Elephant Park, be considered in Closed Council as Cr Gander wished to discuss confidential information.
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4.2 Alternate use of Old Moulder Park Netball Courts by Cr Kidd TRIM Reference: 2017/1522 |
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RESOLVED - 17/327 Cr R Gander/Cr K Duffy That Orange City Council investigate the feasibility of using the old Moulder Park Netball Courts for free parking until such time approved alternate uses are implemented.
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MATTER ARISING
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RESOLVED - 17/328 Cr J Whitton/Cr N Jones 1 That Council investigate options for a joint venture or co-funded project with Orange Ex-Services Club for a multi-storey car park in Sale Street. 2 That Council consider the mix of all day and customer parking within the Central Business District. 3 That Council undertake a review of car parking in the Central business District as a whole, including Council owned off-street parking areas. |
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QUESTION TAKEN ON NOTICE Cr Gryllis requested a report on the operation of the pedestrian crossing in Anson Street (between Summer Street and Kite Street) and options for improving the flow of pedestrian and vehicular traffic in this area.
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5 General Reports
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5.1 Recommendations and Resolutions from Policy Committees TRIM Reference: 2017/1482 |
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RESOLVED - 17/329 Cr R Gander/Cr C Gryllis 1 That the resolutions made by the Planning and Development Committee at its meeting held on 4 July 2017 be noted. 2 That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 4 July 2017 be noted. 3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 4 July 2017 be noted. 4 That the resolutions made by the Finance Policy Committee at its meeting held on 4 July 2017 be noted. 5 That the resolutions made by the Services Policy Committee at its meeting held on 4 July 2017 be noted.
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MATTER ARISING
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RESOLVED - 17/330 Cr J Whitton/Cr R Gander That Council undertake a review of landing charges at the Orange Airport in consultation with Regional Express.
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5.2 Outstanding Questions Taken on Notice TRIM Reference: 2017/1481 |
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RESOLVED - 17/331 Cr J Hamling/Cr S Munro 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 - June 2017 TRIM Reference: 2017/1445 |
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RESOLVED - 17/332 Cr K Duffy/Cr S Munro 1 That Council receives the Statement of Investments as at 30 June 2017. 2 That Council receives and adopts the certification of the Responsible Accounting Officer.
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5.4 Development Application DA 245/2016(1) - 6/175 and 7/175 Dalton Street TRIM Reference: 2017/1490 |
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RESOLVED - 17/333 Cr R Turner/Cr J Whitton That Council approves development application 245/2016(1) for Neighbourhood Shop (internal alterations) and Advertising Sign at Lots 6 and 7 SP 33395 – 6/175 and 7/175 Dalton Street, Orange, with the deletion of Condition 17.
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Division of Voting |
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Voted For |
Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr S Munro, Cr R Turner, Cr J Whitton |
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Voted Against |
Cr C Gryllis, Cr J Hamling, Cr G Taylor, Cr N Jones |
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Absent |
Cr R Kidd, Cr A Brown |
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5.5 Format and Function of Inland Forum TRIM Reference: 2017/1493 |
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RESOLVED - 17/334 Cr J Whitton/Cr R Turner That the report by the Executive Support Manager on the role of the Inland Forum be acknowledged.
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5.6 Update on the Environmental Learning Facility TRIM Reference: 2017/1432 |
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RESOLVED - 17/335 Cr J Hamling/Cr C Gryllis That the update on the Environmental Learning Facility be acknowledged.
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5.7 Capital Costs - Northern Distributor Road and North Orange Bypass TRIM Reference: 2017/1459 |
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RESOLVED - 17/336 Cr R Turner/Cr S Munro That the report on capital costs – Northern Distributor Road and North Orange Bypass be acknowledged.
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5.8 Climate Council - Cities Power Partnership TRIM Reference: 2017/1483 |
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RESOLVED - 17/337 Cr C Gryllis/Cr N Jones That Council sign up to the Cities Power Partnership Program.
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5.9 Showground Funding and Expenditure TRIM Reference: 2017/1488 |
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RESOLVED - 17/338 Cr J Whitton/Cr C Gryllis That the report on Showground funding and expenditure be acknowledged.
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5.10 Emu's Rugby Club - Extension of Loan Guarantor TRIM Reference: 2017/1503 |
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RESOLVED - 17/339 Cr J Davis/Cr C Gryllis That Council agree to an extension as guarantor of the loan to Emus Rugby Club original approved in 2012 until 1 September 2017.
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6 Closed Meeting
In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.
In response to a question from the Mayor, the General Manager advised that no written submissions had been received relating to any item listed for consideration by the Closed Meeting of Council.
The Mayor extended an invitation to any member of the public present at the meeting to make a presentation to the Council as to whether the meeting should be closed for a particular item.
Danielle Cetinski requested a reason as to why Item 4.1 on Elephant Park was to be considered in Closed.
The General Manager advised that the reason would be confirmed once Council was made aware of the information to be provided by Cr Gander.
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RESOLVED - 17/340 Cr C Gryllis/Cr J Hamling That Council adjourn into a Closed Meeting and members of the press and public be excluded from the Closed Meeting, and access to the correspondence and reports relating to the items considered during the course of the Closed Meeting be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions: 6.1 Purchase of Drainage Easement - Casey Street 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 Tender Outcome - Maintenance Public Open Space 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 Code of Conduct - Compliance with Resolution (Restricted) 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 (i) alleged contraventions of any code of conduct requirements applicable under section 440. 4.1 Security at Elephant Park This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (e) Information that would, if disclosed, prejudice the maintenance of the law and (f) Matters affecting the security of the Council, Councillors, Council staff or Council property.
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The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 8.35pm.
The Mayor declared the Ordinary Meeting of Council resumed at 8.55pm.
7 Resolutions from Closed Meeting
The Director Technical Services read out the following resolutions made in the Closed Meeting of Council.
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6.1 Purchase of Drainage Easement - Casey Street TRIM Reference: 2017/1469 |
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RESOLVED - 17/341 Cr K Duffy/Cr C Gryllis 1 That Council purchase a 4m wide drainage easement along the eastern boundary of Lot 6 Section 14 DP 5265 for $150,000 (ex GST) to be funded from the Drainage budget allocation and the Drainage Reserve. 2 That Council meet the necessary legal and survey costs associated with the creation of this easement. 3 That authority be granted for the use of the Council Seal on any documentation if required.
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6.2 Tender Outcome - Maintenance Public Open Space TRIM Reference: 2017/1476 |
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Cr G Taylor declared a significant non-pecuniary interest in item 6.2 (Tender Outcome – Maintenance Public Open Space). Cr Taylor has a landscape/maintenance business although did not participate in the tender process or submit a tender. |
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RESOLVED - 17/342 Cr J Whitton/Cr S Munro 1 That Council award the contract for the Maintenance of Public Open Space to Barnes Prestige Mowing and Gardening Service for a fixed annual amount of $340,000 (ex GST) for a period of three years commencing 1 September 2017 and concluding 31 August 2020. 2 That permission be granted to affix the Council Seal to all relevant documents if necessary.
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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 S Munro, Cr R Turner, Cr J Whitton, Cr N Jones |
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Voted Against |
Nil |
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Absent |
Cr R Kidd, Cr A Brown, Cr G Taylor |
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4.1 Security at Elephant Park by Cr Kidd TRIM Reference: 2017/1521 |
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RESOLVED - 17/343 Cr R Gander/Cr J Hamling 1 That Council investigate opportunities to improve security around toilet facilities in Council parks. 2 That Council appropriately report further matters.
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Council confirmed the reasons for considering this item in Closed were 10A(2) (e) and (f) of the Local Government Act.
10A(2)(e) Information that would, if disclosed, prejudice the maintenance of the law
10A(2)(f) Matters affecting the security of the Council, Councillors, Council staff or Council property.
** Cr Duffy left the meeting. **
** Staff left the meeting with the exception of the Director Technical Services and Director Development Services. **
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6.3 Code of Conduct - Compliance with Resolution (Restricted) TRIM Reference: 2017/1533 |
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RESOLVED - 17/344 Cr J Whitton/Cr S Munro That Council notes that the resolution as detailed in minute 17/285 that an unreserved letter of apology be made by Cr Duffy to an employee regarding a breach of the Code of Conduct has not been complied with.
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The Meeting Closed at 9.00pm
This is Page Number 23 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 18 July 2017.
4 Notices of Motion/Notices of Rescission
TRIM REFERENCE: 2017/1542
AUTHOR: Neil Jones, Cr
EXECUTIVE Summary
This report provides an update on Orange Rail Action Group (ORAG) activities and to detail some recent developments and opportunities for rail service improvements.
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
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1 That Council continues to advocate for overnight stabling of the Bathurst Bullet in Orange. 2 That Council continues discussions and seeks feedback from Dubbo Regional Council about improved access to the adjustments to the XPT service. 3 That when the new Orange City Council is formed post the September election consideration be given to continuing support for the Orange Rail Action Group. |
further considerations
The recommendation of this report has been assessed against Council’s other key risk categories and the following comments are provided:
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Service Delivery |
Improved rail services are an important element of the keeping the Orange community connected. |
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Political |
The role of the Orange Rail Action Group has political elements through its lobbying activities which has implications for relationships with other levels of government. |
SUPPORTING INFORMATION
The focus of ORAG since its inception in 2013 has been on number of key areas including improved timetabling, infrastructure upgrades, service extensions, fleet upgrades and economic development opportunities
There has been progress, some roadblocks and several matters are ongoing.
The activities have included meeting with a number of parliamentarians including former Member for Orange and current Member for Calare Andrew Gee, former member for Calare John Cobb and current Member for Orange Phil Donato.
There have also been representations to Bathurst Regional Council and the former Dubbo City Council. Rail infrastructure and service improvements have also been included in material provided to a number of visiting parliamentarians at a state level.
ORAG lobbied successfully for a TrainLink coach connection to the early morning Bathurst Bullet service between Bathurst and Sydney. In early 2015, the NSW Government announced a trial of a revised morning and evening schedule for this coach service. The 6 month trial commenced in June 2015 and the service has continued to date.
A priority for Orange Rail Action Group (ORAG) has been the opportunity to improve connections to Orange by stabling the Bathurst Bullet here and a submission was made to Government on this matter.
Currently the Bathurst Bullet is stabled in Lithgow and travels to Bathurst each morning.
The NSW Government has advised this year through Mr Donato that “there are no plans to extend the Bathurst Bullet to Orange or to stabilise the fleet in Orange at this time”.
Despite the Government’s view, ORAG is still strongly of the belief that it is possible for an early morning train to be stabled in Orange overnight and to depart around 4.50 am or later.
A stabling facility could to be constructed in Orange and minor schedule changes could be made. Such a service would provide an efficient and seamless journey between Orange and Sydney, avoiding the inconvenience and loss of time for Orange commuters changing between a coach and a train in Bathurst.
This remains a priority.
In 2015, Council resolved to push for the upgrade of the Orange Railway Station to a “transport interchange”. That project is currently under way.
There are also opportunities to improve timetabling. The XPT travelling east currently leaves Dubbo at 2.15pm arriving in Sydney at 8.44pm. The XPT travelling west leaves Central at 7.18am arriving in Dubbo at 1.45pm
The needs of regional residents could be better served if this scheduling were reversed.
For example it could be possible to take the XPT to Sydney in the morning arriving around lunch time and returning to the Central West on the Bathurst Bullet on the same day at 5.52pm.
A recommendation of this report is to further investigate this possibility and seek feedback from Dubbo Regional Council.
In terms of economic development opportunities and fleet upgrades the NSW Government has confirmed the following:
“The intention of the NSW Government is to locate the maintenance facility for this (XPT replacement) fleet in regional NSW and our focus is to offer long term, sustainable jobs including traineeships and apprenticeships.”
“I would like to assure you that all locations in regional NSW which have the potential to meet the project's objectives will be assessed against key criteria before the location for the fleet maintenance is selected, but we are not at that stage yet.”
and
“Our aim is to award a contract by early 2019 and see the XPT replacement fleet operating by the early 2020s.”
There have been media statements from the NSW Government that indicate the following:
· the XPT replacement rolling stock will be built/assembled in NSW
· significant components would be manufactured in regional NSW
· maintenance centres would be situated in regional areas
Council has made a submission to government on these opportunities.
In terms of potential infrastructure upgrades the NSW Government recently called for expressions of interest under the Fixing Country Rail program.
The program will “fund rail infrastructure enhancement projects that eliminate connectivity constraints on the NSW regional rail network and reduce the cost to market for regional businesses. It is designed to complement the Fixing Country Roads program to build an efficient freight transport network in regional NSW.”
It is an unusual funding program in that allows third party expressions of interest from organisations such also local government, to put forward ideas for projects that could be outside the Local Government Area and will not be funded, project managed or operated by the submitting Council.
Additionally the challenge of this EOI process is that understanding the value of these projects is beyond the scope of Council. Council has however made a submission highlighting the limitations of track alignments on the western line between Blayney and Lithgow.
In short, rail freight speed is constrained by alignment and curvatures suitable for steam engines of the late 1880s & early 1900s. A study carried out in 2004 found the benefits to rail freight transport of straightening curved track built in the 1880s included reduced travel time, reduced diesel costs, reduced braking energy expenditure and reduced rail maintenance.
The Council submission is consistent with a 2014 resolution of Council to seek government support and funding for the realignment of section of rail track between Blayney and Lithgow to improve travel times to the Central West region.
ORAG has recently established connections with other rail action groups across the state, including the Border Rail Action Group based in Albury, the Southern Tablelands Rail Users Group and the Rail Action Bathurst.
A meeting of representatives of NSW regional rail action groups was held in Goulburn on the 19 July 2017.
While there are issues unique to certain regions there are also many matters that are shared across large parts of NSW. These include the need for infrastructure upgrades, timetabling issues and the frequency of service.
The meeting also discussed what service delivery model the NSW Government may adopt when a new rail interregional service is implemented.
The meeting agreed to establish Regional Rail Action NSW.
The meeting agreed to three key activities:
1 Advocate for passenger rail services for regional NSW.
2 Seek a discussion paper from Transport NSW on short and medium term planning for the future delivery of services, rolling stock and infrastructure.
3 Play a role in the choice of preferred model for ownership, maintenance and operations of regional rails services.
The Orange Rail Action Group has been highly engaged, supportive and focussed. There is more work to be done. It is suggested in the recommendation of this report that the new Orange City Council gives consideration to continuing support of ORAG.
TRIM REFERENCE: 2017/1635
AUTHOR: Michelle Catlin, Manager Administration and Governance
EXECUTIVE Summary
At its extraordinary meeting held on 13 June 2017, Council resolved to place amendments to the Schedule of Fees and Charges on public exhibition, which occurred from 22 June 2017 to 19 July 2017, with no submissions received during the exhibition period.
The amendments are therefore recommended to Council for adoption.
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
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1 That Council adopt the amendments to the Schedule of Fees and Charges as listed in the exhibited draft Delivery/Operational Plan for the period 1 July 2017 to 30 June 2018, provided that such changes may be varied by any alteration to the Local Government Act 1993 or Local Government (General) Regulation as directed by the NSW Government, noting these are the ex GST amounts: a The interest rate payable on overdue rates and charges be set at 7.5%. b Showground Pavilion – events of greater than 1 week duration – fee determined individually for each application c Before and After School Care – Before school session per child - $21.00 d Before and After School Care – After school session per child - $27.00 e Vacation Care – per child per day - $57.00 f Family Day Care – Fee per hour of contracted care or part there if - Before and After School Care - $7.70 - $12.50 g Family Day Care – Vacation Care – Daily Rate - $55.00 - $60.00 h Spring Street Childcare Centre - Bookings for extra Day - $96.00 i Yarrawong Childcare Centre – Bookings for extra day - $96.00 j Residential Services – Residents contribution of their benefits – Residents rent contribution – to be determined by the National Disability Insurance Agency k Residential Services – Residents contribution of their benefits – Residents board and lodgings – to be determined by the National Disability Insurance Agency l Companion Animals – For a de-sexed animal - $53.00 with CPI to be applied from 1 July 2017 m Companion Animals - For a de-sexed animal owned by an eligible pensioner - $22.00 with CPI to be applied from 1 July 2017 n Companion Animals - For an animal not de-sexed - $195.00 with CPI to be applied from 1 July 2017 o Companion Animals – Animal not de-sexed but kept by a recognised breeder for breeding purposes - $53.00 with CPI to be applied from 1 July 2017 p Private Certification – Lodgement of privately certified Part 4A certification with Council (Clause 263(2))- $36.00 q Property Certificate – Certificate under s735A of the Local Government Act - $195.00 r Environmental Learning Facility – usage by not for profit community groups – Free hire of venue s Certificate 603 - $80.00 t Amend references to the “Friends of the Gallery” free venue hire to include “Friends of the Museum”. u Amend Carriage Cottage – Community Group entries to the following: i. Community Group – non profit – up to 10 times in one year – free ii. Community Group – non profit – per hour after 10 times per year - $9.55. |
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
After the draft Delivery/Operational Plan (including the Schedule of Fees and Charges) had been prepared and was on public exhibition, the Office of Local Government issued a Circular (16-11) advising that in accordance with section 566(3) of the Local Government Act 1993, it has been determined that the maximum rate of interest payable on overdue rates and charges for the 2017/18 rating year will be 7.5%. As this was a reduction on the 8.0% which was published in the draft Fees and Charges, an amendment was required.
This and other proposed amendments arose from minor errors from omissions or in drafting the fees and charges document, and therefore a number of fees and charges required exhibition.
Council resolved to exhibit these fees and charges which has now been finalised, with no submissions received.
TRIM REFERENCE: 2017/1637
AUTHOR: Kathy Woolley, Director Corporate and Commercial Services
EXECUTIVE Summary
At its meeting of 18 July 2017, Council resolved to support a request from Orange Emu’s Rugby Club for Council to agree to an extension of the loan guarantee Council provided the Club in 2012. That report also identified that the Club was considering seeking a new loan.
The Club has now made application for Council to act as guarantor on this new loan.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “11.1 Our Economy – Encourage the growth of local business, support emerging industry sectors and attract new investment to Orange”.
Financial Implications
Nil
Policy and Governance Implications
Nil
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1 That Council provide a guarantee to Westpac for a $100,000 loan provided to the Emu’s Rugby Club Inc. 2 That the General Manager be authorised to sign all relevant documents. 3 That permission be granted for the use of the Council Seal on any relevant document, if required.
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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
Council had provided a guarantee on a previous loan taken out by the Emus Club in 2012.
The Club has advised the loan term has concluded and they are seeking a new loan for the same purposes – to pay off the lighting infrastructure of the fields which have already been installed.
Council’s Loan Guarantee Policy requires anyone seeking a loan to comply with provisions including demonstrating that the Council agreeing to be a guarantor will reduce the interest rates in recognition of the level of surety Council provides, works must be capital in nature, and be on Council-owned or managed land/assets, and the term and amount of the loan must be considered against the useful life and costs of the asset being augmented. A copy of the policy is available on request.
Emu’s Rugby Club has advised the purpose of the loan is for the payment of lighting on the fields. A copy of the request is attached. By guaranteeing the loan, Emus can secure a reduction on 3.6% on the loan terms.
Council should note the loan is for more than 50% of the overall value of the asset and the application is therefore non-compliant with the Policy. In other compliance areas, the application is suitable.
1 Application for loan guarantee , D17/41608⇩
Council Meeting 1 August 2017
5.2 Request to guarantee loan - Orange Emu's Rugby Club
Attachment 1 Application for loan guarantee
LOAN GUARANTEE APPLICATION FORM
Before completing this application, Council’s Loan Guarantee Strategic Policy (ST005) should be read to ensure that your application will receive consideration by Council. Copies of the “Loan Guarantee Policy is available from Council’s website www.orange.nsw.gov.au.
APPLICANT’S DETAILS
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Name of organisation, group or person seeking loan guarantee
Emus Rugby Club Ltd
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Address of organisation
Woodward St Orange NSW 2800
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Postal Address (if different from above)
PO BOX 2404, Orange NSW 2800
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Name and position of the contact person |
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Name |
Steven Fergus |
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Position |
Club President |
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Phone (BH) |
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Phone (AH) |
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Phone (M) |
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What is the legal status of your organisation? (eg Incorporated, Association, etc.) If not for profit please attach evidence – such as charter/constitution showing no personal gain will be available to members, charitable status advice or a statutory declaration Incorporated Non-Profit
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Is your group / organisation registered for GST? |
Yes |
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ABN (if applicable) |
92 000 021 983 |
ACN (if applicable) |
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Confirmation have attempted to source alternate funding
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What other sources of funding have been pursued before determining to seek a loan ? Government Funding – list : Nil Sponsorship – list: Nil Grants – list: Nil |
PROJECT DETAILS
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Which Council owned/Controlled site will the works be done on? Endeavour Oval Woodward street Orange |
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Name of project to be supported: Funding for lighting previously installed for the main ground |
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Description of project to be supported We currently have lighting for our main ground which was funded through a bank loan with a guarantee provided by council. We are requesting council to sign on as guarantor again for an extension of terms for this loan. |
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Confirm loan will be spent on capital not operational item(s) |
Money has already been spent on this project and no redraw facility exists. |
When does your lease of the Council owned property expire? (date) |
2019 |
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Loan Amount (must be less than $250,000) |
$100,000 ($85,783.06 oustanding)
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Loan Term |
4 years |
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Lender |
Westpac
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Applicable interest rate |
9.43 % |
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Is the interest rate fixed or variable? |
fixed |
Confirmation no redraw facility on the loan
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Confirmed |
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What % has the lender confirmed would be deducted from the market interest rate because Council is offering to be a guarantor? |
3.60% |
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Anticipated loan repayments per annum (principal and interest) |
$30,106.74
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Details of Project Cost
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Total Project Cost (ex GST) |
$140,000 |
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Funding sources and amounts (ex GST) |
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Cash from organisation – this must be at least 20% of the total cost of the works |
$40,000 |
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Loan Borrowings |
$100,000 (remaining balance $85,783.06) |
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Government Grants |
$Nil |
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In-Kind Contributions |
$Nil |
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Other |
$Nil |
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Total Project Funding (should equal total project cost) |
$140,000 |
Value of Asset before and after works and ongoing upkeep
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Estimated value of asset pre works |
$0 |
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Estimated value of asset after works |
$140,000 |
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Confirm the value of the loan guarantee is 50% or less than the improved value of the asset after the project is complete |
Loan guarantee is higher than 50% of the value of the loan |
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Estimated useful life of the asset in years - this needs to be less than or equal to term in years that the loan guarantee is to cover: Many years - Useful life is longer than loan term |
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What are the annual upkeep costs to maintain the asset per annum (Ex GST) Minimal work is needed – e.g. hire of scissor lifts to replace bulbs – around $250 |
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Who will be responsible for the annual upkeep costs to maintain the asset? Emus Rugby Club |
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ALIGNMENT TO THE COUNCIL’S STRATEGIC COMMUNITY PLAN
ALL APPLICANTS ARE TO COMPLETE THIS SECTION
Council must align its expenditure to the directions in the Community Strategic Plan (CSP). Copies of the CSP are available at Council offices, Libraries and from the Council website www.orange.nsw.gov.au. The CSP lists the directions and their associated strategies and objectives in detail and should be consulted to ensure your application links to the appropriate element(s). Alignment with Councils CSP will substantially strengthen your application.
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Which direction from Council’s Community Strategic Plan (CSP) does your application best align to? – select one from Our City, Our Community, Our Economy or Our Environment. |
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OUR CITY |
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The Orange community will embrace and support strong, accountable leadership to ensure effective, long term, inclusive planning and decision making within the region |
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Having consulted the Community Strategic Plan, which strategies in the Our City Section does your project support? List the numbers of the strategies only. |
List numbers: |
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OUR COMMUNITY |
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£ |
The Orange community will support and enhance a healthy, safe and liveable city with a range of recreational, cultural and community services to cater for a diverse population. |
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Having consulted the Community Strategic Plan, which strategies in the Our Community Section does your project support? List the numbers of the strategies only. |
List numbers: |
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OUR ECONOMY |
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The Orange community will plan and grow an innovative, diverse and balanced economy which protecting the character of the City and the region |
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Having consulted the Community Strategic Plan, which strategies in the Our Economy Section does your project support? List the numbers of the strategies only. |
List numbers: |
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OUR ENVIRONMENT |
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£ |
The Orange community will pursue the balance of growth and development and the protect and enhancement of the built and natural environment while recognising climate impact and the diverse needs of the urban, village and rural communities |
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Having consulted the Community Strategic Plan, which strategies in the Our Environment Section does your project support? List the numbers of the strategies only. |
List numbers: |
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Council Meeting 1 August 2017
5.2 Request to guarantee loan - Orange Emu's Rugby Club
Attachment 1 Application for loan guarantee
LOAN GUARANTEE COMPLIANCE STATEMENT
The following Compliance Statement is to be signed by a minimum of two authorised signatories of the applicant in accordance with the organisation’s Constitution, Memorandum of Understanding, Memorandum of Articles, etc. The following Compliance Statement must be fully completed prior to any application for Council to act as Loan Guarantor being considered.
We, as Office Bearers of ____________________________________ (the applicant), confirm that, if successful in receiving a loan guarantee from Council, the following requirements under the Orange City Council Loan Guarantee Policy will be adhered to:
1 Adherence to the Work Health and Safety Act and all relevant Work Health and Safety Guidelines.
2 Ensure that the project asset which is to be guaranteed by Council is adequately insured at all times during the term of the loan (Certificate of Currency to be supplied to Council each year).
3 Provide Council with half yearly updated reports concerning the operations of the organisation. These are to include, as a minimum:
a revenue and expenditure statement;
b balance sheet statement; and
c cash flow statement.
4 The project asset will be utilised for the benefit of the wider community during the period of the loan guarantee.
5 All Loan Guarantee charges and associated fees will be paid by the Applicant.
In addition to adherence to the above items, we, as office bearers, confirm that to the best of our knowledge, there is no legal action pending against the organisation nor any outstanding Work Health and Safety issues.
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Signature
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Signature
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Name
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Name
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Position
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Position
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Date
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Date
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Checklist
The following is a checklist of documents which must be provided when submitting your application for Council to act as loan guarantor. Please ensure that you have adequately addressed all the following items to ensure that your application is processed in the most time efficient manner.
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Information required |
Provided to Council ü |
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Signed and authorised copy of the compliance statement |
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Projected profit and loss, cash flow and Balance Sheet for the term of the loan |
To be supplied |
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Sufficient description of the project being undertaken |
ü |
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Detailed plans and costings including three relevant quotes |
n/a |
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Sufficient detail to determine who will own the asset and who is responsible for future upkeep of the asset/project |
ü |
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Confirmation that the applicant will be able to provide Council with half yearly updated reports concerning the operations of the organisation |
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TRIM REFERENCE: 2017/1617
AUTHOR: John Boyd, Operations Manager
EXECUTIVE Summary
Since the physical works commenced on the Orange to Carcoar pipeline there have been multiple attacks on the contractor’s equipment including machines being illegally operated and crashed together, two arson attacks, theft and sabotage. The most recent incident involves the discovery of small diameter holes deliberately bored into the sewer pipe to be located between Spring Hill and Orange which, if undiscovered, had the potential to contaminate groundwater.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “15.2 Our Environment – Operate, maintain, renew and upgrade water, sewer and stormwater infrastructure assets and services as specified within the Asset Management Plans at agreed levels of service”.
Financial Implications
There will be financial implications due to the additional works required to be undertaken by the contractor to ensure pipe integrity. Council’s insurers have been informed.
Policy and Governance Implications
Nil
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That the information provided in the report on Orange to Carcoar Pipeline – Malicious Damage 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.
SUPPORTING INFORMATION
On 20 May 2017 unknown persons accessed the worksite and deliberately drove a low loader into a road grader on site. This resulted in an inoperable grader with damage in the order of $285,000.
On 30 May 2017 unknown persons accessed the worksite and set fire to a trenching machine (valued at approximately $2,000,000). This fire caused approximately $50,000 damage but the machine was repairable. Later however, it was discovered that the vandals had also placed rocks in the hydraulic oil tank resulting in further costly repairs of around $50,000 and delays to the contractor’s placement of pipes.
On 11 June 2016 an excavator was parked on the roadway approximately 200m from Spring Hill. This excavator, valued in the order of $200,000, was set on fire and destroyed.
During this period there have also been a number of other minor incidents of theft and vandalism to the contractor’s equipment totalling a loss of about $18,000.
As a result of the incidents above, the contractors employed additional security.
The most recent incident came to light on 19 July 2017 when the contractor identified small diameter holes bored into the sewer pipe being placed between Spring Hill and Orange. Approximately 6.2km of the 10km sewer main has been placed. As it is unclear when this targeted attack occurred it is not known whether the pipe already installed has been damaged.
Extensive pressure testing will take place on this sewer main to ensure its integrity. As each individual length of pipe will now have to be inspected and individually pressure tested before placement it will come at a significant additional cost. If testing determines that there is damage to the already placed pipe it may require sections of it to be excavated and re-laid, possibly costing hundreds of thousands of dollars.
In this contract Council took out contract works insurance, and the latest vandalism to pipes has been advised to Council’s insurers.
The police have been informed of these incidents and are investigating.
TRIM REFERENCE: 2017/1431
AUTHOR: Michelle Catlin, Manager Administration and Governance
EXECUTIVE Summary
This report seeks to place on exhibition additional fees and charges, relating to private works, and to hire fees of the Clover Hill Function Centre at the Orange Botanic Gardens.
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
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That Council place on public exhibition the following proposed fees and charges: a Clover Hill Function Centre
B Private Works Management
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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
Council would be aware that the Clover Hill Function Centre at the Orange Botanic Gardens has been leased. In February this year, Council received notification from the lessee of their intent to terminate the lease.
Council subsequently advertised for expressions of interest for a suitably qualified and experienced operator. Council received two responses however neither complied with the terms of the expression of interest and both submissions were deemed inadequate.
Accordingly, Council will be resuming the management of the Clover Hill Centre, and is making the Centre available for hire. Council has negotiated to purchase a number of items of equipment from the former lessee. It is considered a positive outcome for Council to acquire the items already on-site, as replacement costs are higher than that negotiated for the existing equipment. This equipment includes chairs, tables, kitchen equipment and custom-built marquee walls for the outdoor undercover area.
To allow the facility to be available for community and commercial hire, fees and charges are required to be advertised and subsequently resolved by Council.
Private Works Management
An error has been identified in the table for Private Works Management within the Fees and Charges documentation, in that the percentage amounts column for 2017/18 was inadvertently produced in the 2016/17 column. To correct this error, the fees and charges are recommended for public exhibition.
The percentages for private works have not increased from the 2016/17 rates.
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.
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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 Acquisition of land - Southern Feeder Road 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 Tenders for the Transportation of Liquid Waste 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 Expression of Interest - Council Land (Restricted) 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 Acquisition of land - Southern Feeder Road
TRIM REFERENCE: 2017/1467
AUTHOR: Wayne Gailey, Manager Works
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.
6.2 Tenders for the Transportation of Liquid Waste
TRIM REFERENCE: 2017/1584
AUTHOR: Wayne Davis, Manager Waste Services and Technical Support
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.
6.3 Expression of Interest - Council Land (rESTRICTED)
TRIM REFERENCE: 2017/1646
AUTHOR: Garry Styles, General Manager
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.
