ORANGE CITY COUNCIL
Ordinary Council Meeting
Agenda
5 September 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, 5 September 2017 commencing at 7.00pm.
Garry Styles
General Manager
For apologies please contact Michelle Catlin on 6393 8246.
Council Meeting 5 September 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
3 Confirmation of Minutes of Previous Meeting
3.1 Minutes of the Ordinary Meeting of Orange City Council held on 15 August 2017
4 Notices of Motion/Notices of Rescission
5.1 Outstanding Questions Taken on Notice
5.2 Local Government NSW Annual Conference 2017.
5.3 2016/17 Financial Statements
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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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 15 August 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 15 August 2017. |
Attachments
1 Minutes of the Ordinary Meeting of Orange City Council held on 15 August 2017
ORANGE CITY COUNCIL
MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 15 August 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 R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton
General Manager, Director Corporate and Commercial Services, Director Development Services, Director Technical Services, Manager Administration and Governance, Manager Corporate and Community Relations
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RESOLVED - 17/391 Cr S Munro/Cr G Taylor That Council allow the media to record the Council Meeting.
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1.1 APOLOGIES
Nil
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
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RESOLVED - 17/392 Cr J Whitton/Cr R Gander That the Minutes of the Ordinary Meeting of Orange City Council held on 1 August 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 1 August 2017. |
4 Notices of Motion/Notices of Rescission
Nil
5 General Reports
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5.1 Recommendations and Resolutions from Policy Committees TRIM Reference: 2017/1717 |
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RESOLVED - 17/393 Cr J Whitton/Cr S Munro 1 That the resolutions made by the Planning and Development Committee at its meeting held on 1 August 2017 be noted. 2 That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 1 August 2017 be noted. 3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 1 August 2017 be noted. 4 That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 1 August 2017 be noted. 5 That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 1 August 2017 be noted. 4 That the resolutions made by the Finance Policy Committee at its meeting held on 1 August 2017 be noted. 5 That the resolutions made by the Services Policy Committee at its meeting held on 1 August 2017 be noted.
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5.2 Outstanding Questions Taken on Notice TRIM Reference: 2017/1718 |
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RESOLVED - 17/394 Cr A Brown/Cr C Gryllis That the information provided in the report by the Manager Administration and Governance on Questions Taken on Notice be acknowledged.
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QUESTION TAKEN ON NOTICE Cr Gryllis requested a report to the next Council Meeting on arrangements for making Gosling Creek available for recreational use, together with an update on planning to make Suma Park Dam and Spring Creek Dam also available. |
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Cr Jones requested infromation on the linemarking in Moulder Street from Woodward Road to Hill Street. |
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5.3 Statement of Investments - July 2017 TRIM Reference: 2017/1742 |
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RESOLVED - 17/395 Cr J Whitton/Cr S Munro 1 That Council receives the Statement of Investments as at 31 July 2017. 2 That Council receives and adopts the certification of the Responsible Accounting Officer.
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5.4 June 2017 Quarterly performance indicators TRIM Reference: 2017/1720 |
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RESOLVED - 17/396 Cr K Duffy/Cr S Munro That the report on the June 2017 Quarterly Performance Indicators be acknowledged.
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QUESTION TAKEN ON NOTICE Cr Turner requested information be circulated on whether an application for funding for the Conservatorium/Planetarium had been submitted. |
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5.5 Development Application DA 192/2017(1) - 87 Byng Street TRIM Reference: 2017/1722 |
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RESOLVED - 17/397 Cr K Duffy/Cr R Gander That the attached Notice of Refusal in relation to DA 192/2017(1) for Kiosk at Lot 87 DP 1086540 - 87 Byng Street, and the reasons for refusal therein as expressed by Councillors in the Planning and Development Committee meeting held on the 1 August 2017 be endorsed.
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5.6 Strategic Policy Review TRIM Reference: 2017/1719 |
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RESOLVED - 17/398 Cr C Gryllis/Cr S Munro That the following Strategic Policies be adopted: - ST010 - Code of Conduct - ST050 - Code of Meeting Practice - ST001 - Asbestos Management
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MATTER ARISING
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RESOLVED - 17/399 Cr C Gryllis/Cr R Kidd That comprehensive training in the Code of Conduct be provided to the new Council.
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5.7 Request for Financial Assistance TRIM Reference: 2017/1785 |
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MOTION Cr J Davis OAM/Cr S Munro That Council approve increasing the donation to Rachael Brooking (Huntingtons NSW) from $163.90 to $223.25 if the event is held at the Showground with the additional funds to be allocated from the General Donations Budget.
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AMENDMENT Cr K Duffy/Cr R Gander That Council approve increasing the donation to Rachael Brooking (Huntingtons NSW) from $163.90 to $2,000 if the event is held at the Showground with the additional funds to be allocated from the General Donations Budget.
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THE AMENDMENT ON BEING PUT TO THE MEETING WAS CARRIED AND BECAME THE MOTION THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED |
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RESOLVED - 17/400 Cr K Duffy/Cr R Gander That Council approve increasing the donation to Rachael Brooking (Huntingtons NSW) from $163.90 to $2,000 with all funds to be allocated from the General Donations Budget.
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6 Closed Meeting
Nil
The Meeting Closed at 8.00PM
This is Page Number 9 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 15 August 2017.
TRIM REFERENCE: 2017/1881
AUTHOR: Michelle Catlin, Manager Administration and Governance
EXECUTIVE Summary
Councillors have the opportunity to ask questions of the General Manager throughout Council and Committee meetings. While many questions asked can be answered at the meeting, or via a memo circulated to Councillors after the meeting, some questions require further action.
To ensure these questions are recorded and monitored, the attached table is updated, and is provided to Council for information.
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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That the information provided in the report by the Manager Administration and Governance on Questions Taken on Notice 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
Attached is a table of outstanding questions taken on notice from the Council Meetings held from 15 November 2016 to present. Where action has been taken on a particular question, this is noted in the “action” column. A new section has been added to the report where a matter arising has been progressed as a works request so Councillors are provided with an update on those items that require works to be scheduled.
1 Outstanding Questions Taken on Notice, 2014/745⇩
Council Meeting 5 September 2017
5.1 Outstanding Questions Taken on Notice
Attachment 1 Outstanding Questions Taken on Notice
2014/745 OUTSTANDING QUESTIONS TAKEN ON NOTICE
COUNCIL MEETINGS
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Date of Meeting |
Question |
Responsible Staff Member |
Action |
Date for completion |
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15 August 2017 |
Cr Gryllis requested a report to the next Council Meeting on arrangements for making Gosling Creek available for recreational use, together with an update on planning to make Suma Park Dam and Spring Creek Dam also available. |
Manager City Presentation
Water & Sewerage Strategic Manager |
Comment included in below report
Interim update report on Suma Park Dam & Spring Creek Dam to 5 September meeting |
5 Sept 2017
5 Sept 2017 |
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Cr Jones requested information on the linemarking in Moulder Street from Woodward Road to Hill Street. |
Director Technical Services |
DTS advised Cr Jones and he will pass on to the enquirer. |
Completed |
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Cr Turner requested information be circulated on whether an application for funding for the Conservatorium/Planetarium had been submitted. |
Director Community Recreation and Cultural Services |
Information to be provided to Councillors. |
5 Sept 2017 |
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1 August 2017 |
Cr Duffy requested Council add to the program of new footpaths both sides of Wakeford Street, both sides of March and Olver Streets in the vicinity of the nursing home and March Street between Hill and Sale Streets. |
Director Technical Services |
Information regarding the proposed footpath program and methodology for project selection will be provided to Council at a briefing session. |
October 2017 |
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Cr Duffy requested information on the timeline for sealing Springbank Lane. |
Works Manager |
Information provided to Councillors via email 28 August 2017. |
Completed |
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Cr Duffy requested a review of signage and speed limits on Burrendong Way, adjacent to recent roadworks. |
Commercial & Emergency Services Manager |
Information provided to Councillors via email 28 August 2017. |
Completed |
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Cr Duffy requested information on the economic benefit of the Northern Distributor Road. |
Executive Support Manager |
The report adopted by Council at its last meeting to be re-circulated to Councillors. Circulated to Councillors 4/8/17 via email. |
Completed |
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4 July 2017
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Cr Hamling requested the City of Orange Traffic Committee review: · The need for the taxi rank in Lords Place adjacent to the former Occidental Hotel · Disabled parking spaces in front of former Australia Cinema in Lords Place · Reports of speeding on the new Waratah link road. |
Commercial and Emergency Services Manager |
Reports to be provided to the City of Orange Traffic Committee. The taxi rank has been removed. The disable spaces are still used. Traffic counters will be placed in Platinum Drive to ascertain speed. |
Completed Completed October 2017 |
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Cr Jones requested a report on the status of the smoke free zones in the CBD, to include the success or otherwise of the program. |
Manager Building and Environment |
Memo to Councillors issued on 28 August 2017. |
Completed |
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6 June 2017 |
Cr Taylor requested concept plans for the Hill Street/William Maker Drive intersection be placed on Council’s website. |
Director Technical Services |
Final drawings plans placed on website 17 August 2017. |
Completed |
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Cr Gryllis requested an educational campaign be undertaken to inform the community of the benefits and purpose of the blisters being installed at various intersections. |
Director Technical Services |
Extensive social media campaign has been carried out. |
Completed |
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Cr Hamling requested the opening date for the Toll hangar. |
Commercial & Emergency Services Manager |
Toll commenced operations on 14 may 2017 and have indicated there will not be an official opening. |
Completed |
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18 April 2017 |
Cr Duffy requested the information on bats in Cook Park include reference to how Singleton have managed this issue. |
Manager City Presentation |
Memo issued to Councillors on 25 August 2017. |
Completed |
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21 March 2017 |
Cr Duffy requested a report on the issue of bats in Cook Park and what action can be taken to remove the bats. |
Manager City Presentation |
Memo issued to Councillors on 25 August 2017. |
Completed |
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Cr Gryllis requested Council report on the possibility of making other water reserves available for recreational purposes to be provided as soon as possible. |
Director Technical Services |
Report taken to June 2017 meeting on Gosling Creek. Needs to go to Councillor briefing before final report on Suma Park and Spring Creek can be provided. |
December 2017 |
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15 Nov 2016 |
Cr Duffy requested comparative information on infringements issued over 2015 under the manual system. |
Director Development Services |
Memo to Councillors issued on 28 August 2017 |
Completed |
TRIM REFERENCE: 2017/1859
AUTHOR: Catherine Thomas, Executive Support Manager
EXECUTIVE Summary
This year’s Local Government NSW (LGNSW) annual conference will be held from Monday 4 December to Wednesday 6 December at the Hyatt Regency, Sydney. The call for motions to be considered at this conference has been received. Motions must be submitted by close of business Monday 9 October 2017.
At its meeting of 2 May 2017, Council resolved:
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RESOLVED – 17/154 Cr K Duffy/Cr R Kidd That a motion be submitted to the Local Government Conference seeking reform to the Local Government Act 1993 to introduce measures to allow Councillors to more easily identify potential conflicts of interest in relation to planning matters.
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Given the deadline for motions, it is recommended that Council adds any suggested motions at this time, and if time permits, as further report be brought back to the new council prior to lodgement of the motions. This subsequent report would also seek the names of attendees for the conference.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “2.3 Our City - Facilitate community input into local and regional strategic lobbying and advocacy initiatives for the needs and aspirations of the people of the City of Orange to external stakeholders”.
Financial Implications
Costs will include registration of $899 (early registration prior to 23 October 2017) per delegate plus accommodation and travel expenses. Attendance at this Conference is provided for in the Delivery/Operational Plan.
Policy and Governance Implications
Nil
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1 That Council list as a proposed motion for the 2017 Local Government Annual Conference the item identified in minute 17/154 regarding conflict of interest on planning patters. 2 That Council determine any other proposed motions. 3 That a further report be done to the new Council to determine attendees to the conference. |
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
This year’s conference will be held later than usual – from Monday 4 December to Wednesday 6 December at the Hyatt Regency, Sydney.
This year the Conference will involve two types of voting:
· delegates will vote on motions which determine the policies and priorities for LGNSW and the sector
· eligible delegates will vote in elections for the LGNSW Office Bearers and Board.
Council is historically allowed three voting delegates. In the past, the Mayor and General Manager have attended, with Council nominating its councillor voting delegates, and other councillors to attend as observers. Attendees and voting delegates can be determined in a subsequent report to Council.
LGNSW advises that proposed motions should be strategic, affect members state-wide and introduce new or emerging policy issues and actions. Motions will be grouped into categories of like motions and you are asked to suggest a category when submitting each motion. The six categories are:
1 Industrial relations and employment policy
2 Economic policy
3 Infrastructure and planning policy
4 Social policy
5 Environmental policy
6 Governance/Civic Leadership policy (e.g. legislative and regulatory setting, elections, participation, reform)
LGNSW has also asked that along with motions, an appropriate solution be provided.
TRIM REFERENCE: 2017/1806
AUTHOR: Kathy Woolley, Director Corporate and Commercial Services
EXECUTIVE SUMMARY
Council’s 2016/17 financial reports presented in draft form and are recommended to be provided to the Council’s auditors.
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 authorise the Mayor, Chairperson of Finance Policy Committee, General Manager and Responsible Accounting Officer to sign the Statement by Council and Management for the General Purpose and Special Purpose Financial Statements in order for Council’s Auditors to conduct the audit and upon completion of the audit, issue an audit statement in accordance with section 413(2)(c) of the Local Government Act 1993. 2 That Council’s Auditor be invited to present the Audit Report to Council. |
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
Attached are the draft income statements and balance sheets for both the General Purpose Financial Statements and Special Purpose Financial Statements. As part of the audit process, these financial reports may be subject to change.
Both the General Purpose Financial Statements and Special Purpose Financial Statements for the year ending 30 June 2017 have been prepared in accordance with:
· The Local Government Act 1993
· The Australian Accounting Standards and Professional pronouncements
· The Local Government Code of Accounting Practice and Financial Reporting.
The completed and audited Financial Statements are required to be lodged with the Office of Local Government no later than 31 October 2017.
The Auditor will be invited to make a presentation to Council upon completion of the audit process.
1 2016/17 Financial Statements, D17/48836⇩
Council Meeting 5 September 2017
5.3 2016/17 Financial Statements
Attachment 1 2016/17 Financial Statements
TRIM REFERENCE: 2017/1862
AUTHOR: Garry Styles, General Manager
EXECUTIVE Summary
The end of term report is a requirement of the Integrated Planning and Reporting Framework as part of reviewing the progress in implementing the Community Strategic Plan (CSP).
A circular for the Office of Local Government states that the Term in Review must be presented to the final meeting of Council.
To line up with financial year reporting timeframes, this report covers the period from 1 July 2012 through August 2017. The election for the current Council was held on 8 September 2012.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “2.1 Our City - Provide a flexible and adaptable community engagement process for gathering and disseminating information, ideas and responses and engage with the community through a variety of formats”.
Financial Implications
Nil
Policy and Governance Implications
Nil
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That the information provided in the report by the General Manager on the Term in Review be acknowledged. |
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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Image and Reputation |
Post the election Council staff will use a variety of mediums to inform the Orange community of Council activities and initiatives detailed in the Term in Review. |
SUPPORTING INFORMATION
This Term in Review is not an extensive list of all activities for the period, but it does illustrate that local government is central to the way a city advances and develops and how challenges are met.
The Term in Review covers the Community Strategic Plan objectives, Delivery/Operational Plans across five years, the years at a glance 2012 to 2017 and the Annual Reports across four years.
At the time of publication of this Term in Review, the compilation of the 2016/17 Annual Report had not been completed. However the 3rd quarter review projections for the end of the 2016/17 year have been included.
As the Council is in caretaker mode with the election scheduled for 9 September, the Office of Local Government has advised the Term in Review is to be included in the business paper but cannot be published otherwise until after the current Council has concluded.
1 Term In Review - 2012 to 2017, D17/47410⇩
Council Meeting 5 September 2017
5.4 Term in Review 2012-2017
Attachment 1 Term In Review - 2012 to 2017
