Agenda of Council Meeting - 6 February 2018

ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 19 December 2017

COMMENCING AT 7.00pm

1 Introduction

Attendance

Cr R Kidd (Mayor), Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr S Romano, Cr G Taylor, Cr R Turner, Cr J Whitton

General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Administration and Governance, Manager Corporate and Community Relations, Works Manager, Manager Development Assessments

RESOLVED - 17/565 Cr K Duffy/Cr S Nugent

That Council allow the Central Western Daily to record the Council Meeting.

1.1 APOLOGIES

RESOLVED - 17/566 Cr S Munro/Cr R Turner

That the apologies be accepted and leave of absence be granted to Cr J McRae (Deputy Mayor) and Cr M Previtera for the Council Meeting of Orange City Council on 19 December 2017.

1.2 OPENING PRAYER

GAVIN BRETT OF THE CHRISTIAN MINISTRY CENTRE LED THE COUNCIL IN PRAYER

1.3 ACKNOWLEDGEMENT OF COUNTRY

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

Cr J Whitton declared a significant non-pecuniary interest in Item 4.5 (Rescission Motion – Development Application DA 421/2016(1) – 1083 Forest Road, Orange) as he is a resident of the area.

RESOLVED - 17/567 Cr S Munro/Cr S Nugent

That the following late items be dealt with at the meeting of Orange City Council held on 19 December 2017.

Item 2.2 Mayoral Minute - Chairperson of Audit and Risk Management Committee

Item 4.5 Rescission Motion – Development Application 421/2016(1) – 1083 Forest Road

Item 4.6 Notice of Motion - Councillor Briefings

Item 4.7 Notice of Motion - Design of Robertson Park Toilets

The Mayor read out a Christmas message from the Mayor of Ushiku, Yoji Nemoto.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.07PM

Item 4.5 – Rescission Motion – Development Application DA 421/2016(1) – 1083 Forest Road, Orange

Mr Dean Brus

Mr Brus spoke in favour of DA 421/2016(1) – 1083 Forest Road, Orange

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.10PM

2 Mayoral Minutes

2.1 Centroc Board Meeting

TRIM Reference: 2017/2611

RESOLVED - 17/568 Cr S Nugent/Cr K Duffy

That the Mayoral Minute in relation to the CENTROC Board Meeting held on 23 November 2017 be acknowledged.

2.2 Chairperson of Audit and Risk Management Committee

TRIM Reference: 2017/2710

RESOLVED - 17/569 Cr R Turner/Cr S Munro

That Mr Phil Burgett be appointed as Chairperson of the Audit and Risk Management Committee.

3 Confirmation of Minutes of Previous Meeting

RESOLVED - 17/570 Cr S Nugent/Cr K Duffy

That the Minutes of the Ordinary Meeting of Orange City Council held on 7 December 2017 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate record of the proceedings of the Council meeting held on 7 December 2017.

4 Notices of Motion/Notices of Rescission

4.1 Association of Mining Related Councils

TRIM Reference: 2017/2575

RESOLVED - 17/571 Cr G Taylor/Cr J Hamling

That Council rescind its decision made at the Council Meeting held on 21 November 2017:

RESOLVED - 17/524 Cr R Kidd/Cr S Munro

That Council not renew membership of the Association of Mining Related Councils.

4.2 Council delegate - Association of Mining Related Councils

TRIM Reference: 2017/2579

MOTION Cr S Nugent/Cr T Mileto

That this matter be deferred to the next Council Meeting.

AMENDMENT Cr K Duffy/Cr S Munro

That the Mayor, Deputy Mayor and Cr Duffy be Council’s representatives, as well as any interested Councillor invited to meetings, of the Association of Mining and Energy Related Councils.

THE AMENDMENT ON BEING PUT TO THE MEETING WAS CARRIED AND BECAME THE MOTION

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

RESOLVED - 17/572 Cr K Duffy/Cr S Munro

That the Mayor, Deputy Mayor and Cr Duffy be Council’s representatives, as well as any interested Councillor invited to meetings, of the Association of Mining and Energy Related Councils.

4.3 Support for Disability Advocacy Services

TRIM Reference: 2017/2644

RESOLVED - 17/573 Cr S Munro/Cr S Romano

That Council:

1 Notes the importance of groups advocating for people with disabilities, who work on important issues ranging from making public transport more accessible, to campaigning to end the high rate of preventable deaths for people with an intellectual disability in healthcare.

2 Notes that up to half of NSW’s disability advocacy groups face closure after 30 June 2018, when State funding will be cut.

3 Supports the campaign by the NSW Disability Advocacy Alliance for these important services to continue to be funded.

4 Writes to the NSW Disability Services Minister, the Hon. Ray Williams and the NSW Premier calling on the NSW Government to continue to fund the important work done by disability advocacy services around the state.

4.4 Easy to do Business Program

TRIM Reference: 2017/2651

MOTION Cr S Nugent/Cr R Turner

1 That Council delegates authority to the General Manager to enter into a contract with Service NSW for Easy to do Business.

2 That permission be granted for the use of the Council Seal on any relevant document, if required.

AMENDMENT Cr T Mileto/Cr G Taylor

That representatives of the Easy to do Business program be invited to make a presentation to Councillors and staff on the program.

THE AMENDMENT ON BEING PUT TO THE MEETING WAS CARRIED AND BECAME THE MOTION

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

RESOLVED - 17/574 Cr T Mileto/Cr G Taylor

That representatives of the Easy to do Business program be invited to make a presentation to Councillors and staff on the program.

4.5 Rescission Motion - Development Application DA 421/2016(1) - 1083 Forest Road, Orange

TRIM Reference: 2017/2695

Cr J Whitton declared a significant non-pecuniary interest in Item 4.5 (Rescission Motion – Development Application DA 421/2016(1) – 1083 Forest Road, Orange) as he is a resident of the area.

A Motion WAS MOVED AND SECONDED Cr S Romano/Cr S Nugent

That Council rescind the decision of the Planning and Development Committee Meeting held on 7 December 2017:

2.9 Development Application DA 421/2016(1) - 1083 Forest Road

TRIM Reference: 2017/2518

RESOLVED - 17/540 Cr R Turner/Cr S Munro

That Council consents to development application DA 421/2016(1) for a Resource Recovery Facility at Lot 2 DP 1069705 - 1083 Forest Road, Spring Creek pursuant to the conditions of consent in the attached Notice of Approval.

The motion on being put to the meeting was lost

Division of Voting
Voted For	Cr T Mileto, Cr S Nugent, Cr S Romano
Voted Against	Cr R Kidd (Mayor), Cr K Duffy, Cr J Hamling, Cr S Munro, Cr G Taylor, Cr R Turner
Absent	Cr J McRae, Cr M Previtera, Cr J Whitton

QUESTION TAKEN ON NOTICE

Cr Taylor requested information on what protections are in place for consumers purchasing recycled railway sleepers, that the sleepers do not contain asbestos or other contaminants.

4.6 Councillor Briefings

TRIM Reference: 2017/2693

RESOLVED - 17/575 Cr G Taylor/Cr K Duffy

1 That Councillor Briefings be renamed “Councillor Workshops”.

2 That Councillor Workshops be open to the press and public with exception of items to be discussed that fall within the reasons for confidentiality as set out in Section 10A(2) of the Local Government Act 1993.

4.7 Design of Robertson Park toilets

TRIM Reference: 2017/2711

RESOLVED - 17/576 Cr G Taylor/Cr J Whitton

That the design of the Robertson Park Toilets be deferred for further consideration at the next Council Meeting.

5 General Reports

5.1 Recommendations and Resolutions from Policy Committees

TRIM Reference: 2017/2613

RESOLVED - 17/577 Cr S Nugent/Cr S Romano

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

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

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

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

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

QUESTIONS TAKEN ON NOTICE

Cr Duffy requested that given the recent hot weather, a media release be issued confirming that all water hydrants are working across the City.

Cr Duffy requested the Council resolution to install a roundabout at the intersection of Icely Road and Wakeford Street be circulated to all Councillors.

Cr Duffy requested the design of traffic blisters be the subject of a Councillor workshop.

5.2 Outstanding Questions Taken on Notice

TRIM Reference: 2017/2614

RESOLVED - 17/578 Cr S Nugent/Cr K Duffy

That the information provided in the report by the Manager Administration and Governance on Questions Taken on Notice be acknowledged.

5.3 Statement of Investments - November 2017

TRIM Reference: 2017/2615

RESOLVED - 17/579 Cr S Munro/Cr R Turner

1 That Council receives the Statement of Investments as at 30 November 2017.

2 That Council receives and adopts the certification of the Responsible Accounting Officer.

5.4 Complaints under Council's Code of Conduct

TRIM Reference: 2017/2496

RESOLVED - 17/580 Cr J Hamling/Cr S Munro

That the report on complaints under Council’s Code of Conduct for the year to 1 September 2017 be acknowledged.

5.5 Council's Land Portfolio

TRIM Reference: 2017/2546

RESOLVED - 17/581 Cr R Kidd/Cr K Duffy

That Council acknowledge the report on sales and purchases of properties over the last 10 years.

QUESTION TAKEN ON NOTICE

Cr Mileto requested that the legal costs for each property transaction be provided.

Cr Duffy requested information on Council’s purchase of 61 Casey Street. The previous report to Council will be circulated.

5.6 Planning Agreement Orange Private Hospital Precinct

TRIM Reference: 2017/2617

RESOLVED - 17/582 Cr J Hamling/Cr R Turner

1 That the report by the Manager Corporate and Community Relations on the Private Hospital Precinct Planning Agreement be acknowledged.

2 That Council enter into a Planning Agreement with James Richmark Pty Ltd for the Orange Private Hospital Precinct prepared in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and associated Regulations.

3 That the General Manager be delegated authority to execute on behalf of Council any document associated with entering of the agreement.

5.7 Strategic Policy Review

TRIM Reference: 2017/2341

RESOLVED - 17/583 Cr S Nugent/Cr S Munro

1 That the following Strategic Policies be adopted:

a ST019 - Councillors Access to Information and their Interaction with Staff

b ST020 - Councillors - Payment of Expenses and Provision of Facilities

c ST029 - Donations and Grants

2 That the review schedule for Strategic Policies be acknowledged.

3 That the following Strategic Policies be deleted:

a ST004 – Provision of interest free loans to the community

b ST006 - Aquatic Centre – Admission Charges

c ST012 - Community Communication Strategies for Development Proposals

d ST013 - Community Services – Planning and Development

e ST014 - Competitive Neutrality Complaints

f ST015 - Construction Zones and Use of Public Parking Spaces

g ST017 - Control Rear Boundary Fencing along Main or Arterial Roads

h ST026 - Development Activity – Public Notice

i ST027 - DCP and Codes within the Development and Technical Services Division

j ST030 - Driveways – Alterations and Maintenance

k ST031 - Footpath Maintenance

l ST044 - Kerb and Gutter charges to adjoining owners

m ST052 - Naming of Roads

n ST055 - Orange Botanic Gardens – Exclusive Use

o ST067 - Signs – Informational and Directional

p ST070 - Roads and Traffic Authority – Regional Development Committee

q ST071 - Trees – Planting in Parks, Streets and in Rural Areas

r ST074 - Trees and Tree Roots

s ST082 - Orange Waste and Resource Management Strategy 2007-2047

t ST089 - Surfacing Road Verge and Footpath by Residents

u ST096 - Neighbourhood Street Parties

v ST103 - Clothing Recycling Bins in Public Places

w ST104 - Construction Zones – Times of work

x ST110 - Shopping Trolleys and Abandoned Articles

y ST111 - Theatre Objectives

z ST133 - Asset Rationalisation

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.

RESOLVED - 17/584 Cr S Munro/Cr K Duffy

That Council adjourn into a Closed Meeting and members of the press and public be excluded from the Closed Meeting, and access to the correspondence and reports relating to the items considered during the course of the Closed Meeting be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions:

6.1 Tender for Forest Road Upgrade

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

6.2 Interest in Council Land

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 8.55PM.

The Mayor declared the Ordinary Meeting of Council resumed at 9.12PM

7 Resolutions from Closed Meeting

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

6.1 Tender for Forest Road Upgrade

TRIM Reference: 2017/2530

RESOLVED - 17/585 Cr S Nugent/Cr S Munro

1 That Council decline to accept any of the tenders for the Forest Road upgrade, tender number F2425 on the basis that tenders either do not meet the budget requirements for this project or present a significant risk to Council.

2 That Council note that it would be unlikely to achieve a better outcome by inviting fresh tenders or applications as the market has already been tested.

3 That the General Manager be authorised to enter into negotiations with Hamcon Civil to modify the scope of works, as they ranked highly in the tender evaluation process.

4 That the General Manager be authorised to finalise and execute a contract if a satisfactory outcome can be negotiated.

5 That the budget for this project be revised to $4M with additional funding from the Planning Agreement funds.

6 That permission be granted for the use of the Council Seal on all relevant documents if required.

Division of Voting
Voted For	Cr R Kidd (Mayor), Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr S Romano, Cr G Taylor, Cr R Turner, Cr J Whitton
Voted Against	Nil
Absent	Cr J McRae (Deputy Mayor), Cr M Previtera

6.2 Interest in Council Land

TRIM Reference: 2017/2643

RESOLVED - 17/586 Cr K Duffy/Cr S Nugent

That Council offer a letter of support to the developer advising that subject to a design and development compliant with planning requirements and the appointment of the developer as the winning applicant by Property NSW for the Department of Primary Industry office block, Council would consider optioning the Anson Street car park site to the developer with the price point to be finalised in the subsequent negotiations.

Division of Voting
Voted For	Cr R Kidd (Mayor), Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr S Romano, Cr G Taylor, Cr R Turner, Cr J Whitton
Voted Against	Nil
Absent	Cr J McRae (Deputy Mayor), Cr M Previtera

The Meeting Closed at 9.13PM

This is Page Number 30 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 19 December 2017.

Council Meeting 6 February 2018

4.4 Notice of Motion - Local Government NSW Annual Conference by Cr McRae

RECORD NUMBER: 2018/15

I, CR Joanne McRae wish to move the following Notice of Motion at the Council Meeting of 6 February 2018:

Motion

That the report on the Local Government NSW Annual Conference 2017 from Cr Joanne McRae be acknowledged.

Background

Overview

Local Government covers a very broad range of issues, and set the agenda for Local Government NSW Advocacy. More than 90 motions were put to the meeting, including animal management, domestic and family violence, energy supply, school bus transport, forestry operations, plastic bags, planning and development, rate pegging, amalgamated councils, Crown Land, recycling, local government election voting and pre-poll duration.

The Conference was well organised, with approximately 830 attendees.

The business of the State Conference (held Tues 5 December) explored 5 policy areas, plus association business.

1 Infrastructure and Planning

2 Economic Policy

3 Social Policy

4 Environmental Policy

5 Governance/Civic Leadership Policy

6 Association Business

The conference also confirmed the Election of City of Sydney Councillor Linda Scott as President of Local Government NSW (LGNSW). A new board was elected, and a full list can be found: http://www.lgnsw.org.au/about-us/lgnsw-board

Port Macquarie-Hastings Council and Bland Shire Council were named winners of the A. R. Bluett Memorial Awards: Port Macquarie-Hastings Council was selected as the 2017 Metropolitan/Regional winner, while Bland Shire Council took out the Rural Category.

Main themes from arising from association business matters and keynote speakers were:

- Infrastructure and planning

- Funding issues: Transport, Health, Schools, Libraries and Stadiums

- Business opportunities and economic growth

- Future proofing local communities (economic, emergency, climate change, energy supply)

- Trust as a key element for local government and community leaders

Areas I found of particular interest for Orange:

- Emergency preparedness and disaster planning

- Transport funding and strategies for rail and road passenger and freight.

I would recommend future attendance at the NSW Local Government Conference, as a highly informative and valuable professional development and networking activity for interested Councillors and for senior council staff.

Session Content

Speakers during the conference included

· The Hon John Barilaro MP, Acting Premier of NSW

· The Hon Gabrielle Upton MP, Minister for Local Government

· The Hon Peter Primrose MLC, Shadow Minister for Local Government

· The Hon Melinda Pavey MP, Minister for Roads, Maritime and Freight

· Carolyn McNally, Secretary of the Department of Planning & Environment (housing affordability & partnerships with councils)

· Robyn Hobbs OAM, NSW Small Business Commissioner

· Annabel Crabb (journalist) on leading from the ground up - how chaos in Canberra presents opportunities for grass roots leadership.

Optional Session Monday 4pm-5pm: Elected Life and Good Governance, Building Your Capabilities. This session examined the LG NSW Capability Framework, professional development requirements and opportunities (e.g. PD in a Box) and mentoring and support opportunities for new councillors. Session attended by Cr McRae and Cr Mileto.

Meeting with NSW Small Business Commissioner: 1.30pm Tuesday 5/12 regarding: Easy to do Business program. Meeting with Small Business Commissioner Robyn Hobbs OAM, and Nick Rodwell, Service NSW Council Engagement Manager, regarding the “Easy to do Business” program. Attended by Mayor Kidd, Cr McRae, Cr Mileto, Cr Nugent, Garry Styles (GM), also attended by Cr Graeme Hanger, Mayor of Bathurst.

Three Streams for Concurrent Sessions were held on Wednesday, attended by different Councillors.

Concurrent Session: People and Communities attended by Cr McRae

This session included 3 presentations:

1 Natural Disaster responses and preparedness (Red Cross):

- Disaster resilience and safer communities http://australianbusinessroundtable.com.au/

- Approx $3.2Billion spent on recovery efforts

- Can’t prevent the natural disasters, but focus on community safety through planning and investment eg. community awareness, building controls, emergency management, infrastructure, land use planning, data collection.

- Questions to ask: What resources do we have? How can we build resilience in our community? How can we be as prepared as possible?

- Red Cross: https://www.redcross.org.au/prepare including the ‘Get Prepared App’ https://www.redcross.org.au/get-help/emergencies/preparing-for-emergencies/get-prepared-app

2 Refugee Resettlement: Shabnam Bhana from Liverpool City Council; Mayor Greg Conkey from Wagga Wagga City Council:

- Range of strategies for community preparedness for refugee needs, including languages, festivals, learn-to-swim, mental health, transport and health services.

- Employment issues and economic impacts for small regional communities

- Community infrastructure, importance of community/neighbourhood groups for integration and understanding of diversity

3 National Framework for Preventing Violence against families and women, Our Watch: Mary Barry CEO

- Ourwatch.org.au looking at family violence as a preventable social issue.

- Advocates that cultural change is needed to address gender inequality and change the social context to ‘change the story’.

- Program sets the agenda to address stereotypes in gender roles, sexist jokes and the gender pay gap, disrespect in relationships which leads to limited independence, acceptance of aggression and condones violence. Focus is on modelling inclusive behaviours, calling out sexist behaviours and raising consciousness about gender inequality.

- NSW is not a member of Our Watch.

Signed Cr Joanne McRae

Council Meeting 6 February 2018

4.6 Notice of Motion - Sporting Precinct and Wade Park by Cr Duffy

RECORD NUMBER: 2018/79

We, CR Kevin Duffy AND cR jASON hAMLING wish to move the following Notice of Motion at the Council Meeting of 6 February 2018:

Motion

1 That Council develop concept plans for a Sports Precinct and concept plans to upgrade Wade Park.

2 That Council engage local consultants to develop concept plans and identify possible sites.

3 That the plans incorporate various sports fields, athletics tracks, velodrome, rectangular fields, and any other sports identified in the process.

4 That the report be provided to Council in April 2018 Council Meeting.

Background

WADE PARK:

A signature ground as indicated previously by most sporting bodies and also an Entertainment Centre.

Scope of works to make Wade Park into a multi-purpose ground inclusive of necessary technology needed for Marquee sporting games and events.

Extend the playing surface of Wade Park to the South and widen playing area to be more suitable for cricket and incorporate AFL.

AFL participation rate is around 14% on the Australian Statistics.

Wade Park Ground to be capable of handling major rectangular sports (Soccer, Rugby League, Rugby Union etc.) while Rectangular Complex is being built.

Incorporate or replace Western Grandstand to incorporate Cricket Centre of Excellence with greater seating capacity.

Dual male and female dressing rooms and other player related facilities, media outlets, lighting, disability access, sports technology requirements.

Signed Cr Kevin Duffy Cr Jason Hamling

STAFF COMMENT

At its meeting of 6/10/2015, Council adopted the Wade Park Master Plan including amendments which includes the provision for an indoor cricket centre and infrastructure but does not include expansion of playing surface.

RESOLVED – 15/435 Cr K Duffy/Cr A Brown

That Council adopts the Wade Park Master Plan including the amendments from the community consultation conducted in 2015.

The location of the Sporting Precinct has been considered by Council in past years. A summary of Council resolutions follows:

Council - 19 July 2012 (2012/666)

6.A WADE PARK AND A NEW RECTANGULAR FIELD VENUE PR7095

Notice of Motion submitted by Cr Jason Hamling received 9 July 2012 2012/666

RESOLVED – 12/324 Cr Hamling/Cr Hetherington

That Council commences investigations into a new standalone winter code rectangular field sporting facility along with the maintenance of Wade Park as an oval facility focussed on Cricket and AFL.

Council - 20 August 2013 (2013/766 and 2013/767)

3.B LAND PURCHASE – RECREATIONAL LAND 142/361/455/1

Report by Manager City Presentation dated 6 August 2013 2013/767

RESOLVED – 13/417 Cr Hamling/Cr Duffy

1 That the General Manager be authorised to finalise the purchase of land for a future sporting and recreational precinct, in accordance with the provisions of the report dated 6 August 2013.

2 That permission be granted for the use of the Council Seal on relevant documents.

3 That the land be classified as operational land.

3.A RECTANGULAR SPORTING FIELD COMPLEX 142/361/455/1

Report by Manager City Presentation dated 6 August 2013 2013/766

MOTION Cr Hamling/Cr Turner

That Council endorse the preferred location for the establishment of a premier rectangular sporting precinct.

AMENDMENT Cr Duffy/Cr Gryllis

1 That Council defer consideration of this report until a feasibility study is undertaken into the full potential of Wade Park.

2 That the Wade Park feasibility study be commissioned immediately with a report to be provided to Council by June 2014.

THE AMENDMENT ON BEING PUT TO THE MEETING WAS LOST

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED

RESOLVED – 13/418 Cr Hamling/Cr Turner

That Council endorse the preferred location for the establishment of a premier rectangular sporting precinct.

Sustainable Development Policy Committee – 1 September 2015 (2015/2196)

2.4 Planning Proposal - Rezone Land for Rectangular Sports Field Complex

TRIM Reference: 2015/2196

RESOLVED - 15/001 Cr J Hamling/Cr J Davis

1 That Council seeks a Gateway Determination from the Department of Planning and Environment in relation to:

a Rezone part of Lot 33 DP 1012682, known as 40 Priest Lane, from E3 Environmental Management to RE1 Public Recreation.

b List Lot 33 DP 1012682, known as 40 Priest Lane, in schedule 1 of the LEP to permit a two lot subdivision below the minimum lot size for the purpose of excising the existing dwelling and associated improvements from the remainder of the site without creating any additional dwelling entitlements.

2 That Council undertake such studies, reports and consultations as may be required by the Gateway Determination.

3 That Council proceed to place the Planning Proposal on exhibition in accordance with any requirements of the Gateway Determination.

4 That the site be referred to as the Sporting and Recreational Precinct.

The development of the Sporting Precinct is included in Council’s adopted Long Term Financial Plan scheduled for 2023-2024 and 2024-2025 jointly funded through grant funding. Council typically commences concept plans in the years prior to the commencement date.

A sporting precinct concept would only encompass a site analysis and options for facilities. This would not include any concept drawings rather would only include plan outline of facilities on possible sites and analysis of their viability.

The timeframe for delivery will be dependent on contractor availability and given the scope of works a report back on the matter to an April meeting is unlikely.

Expansion of Wade Park playing surface to the south would need to consider impacts on other facilities.

The Indoor Cricket Centre development is on a tight time frame for delivery and a delay could put the project at risk. A design can be developed to allow the construction of a grandstand at a future date, however it is not possible to delay the project until funding for this aspect is obtained.

Financial Implications

There is currently no funding for this project. If this resolution is carried it would be subject to a budget adjustment at a quarterly review.

GOVERNANCE Implications

The notice of motion suggests that “local” consultants be engaged. In order to comply with Council’s adopted Purchasing Policy, staff would need to advertise and seek a minimum of three quotations from suitably qualified suppliers. In order to support “local” suppliers, Council’s Local Preference Policy provides for a 2% price preference to be applied to local suppliers when a non-local supplier also submits a quotation.

The objective of the Local Preference Policy is to ensure that Council achieves the best overall value for money in its procurement of goods and services, whilst (where possible) giving preference to local suppliers. “Local” is defined in the Policy as a business, contractor or industry either permanently based in, or employing permanent staff operating from permanent premises situated within the Orange City Council boundaries.

Both the Purchasing Policy and Local Preference Policy identify the local preference pricing advantage offered to businesses permanently located within the Orange Local Government Area is 2%. The policies are also explicit that the benefit exists for procurement unless the particular item has triggered the need to undertake a tender. Tenders are called for all projects valued at over $120,000.

The Office of Local Government has guidelines for the tendering processes. In the guidelines, specific caution is given to Councils regarding the suitability of applying a local preference advantage within tender processes on the basis of adherence to the principles in the National Competition Policy and Trade Practices Act 1974, the Fair Trading Act 1987 and international trade agreements. In considering the application of the Local Preference Policy applying to procurement under the tender limit the guidance from the Office has been used to formulate the policy.

While it is not considered that the value of these works would trigger a tender process, in light of the above and Council’s adopted policy position, it is suggested that part 2 of the recommendation be:

2 That Council engage a suitably qualified consultant to develop concept plans and identify possible sites, applying Council’s Local Preference Policy.

Attachments

1 Adopted Wade Park Master Plan 2012, D14/10004 ⇩

2 Wade Park Master Plan Amendments - February 2015, IC15/1788 ⇩

Council Meeting 6 February 2018

5 General Reports

5.1 Statement of Investments - December 2017

TRIM REFERENCE: 2018/10

AUTHOR: Brock Gannon, Financial Accounting Officer

EXECUTIVE Summary

The purpose of this report is to provide a statement of Council’s investments held as at 31 December 2017.

Link To Delivery/OPerational Plan

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

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

1 That Council receives the Statement of Investments as at 31 December 2017.

2 That Council receives and adopts the certification of the Responsible Accounting Officer.

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

Section 212(1) of the Local Government (General) Regulation 2005 requires that a written report be presented each month at an Ordinary Meeting of the Council detailing all money that Council has invested under Section 625 of the Local Government Act 1993.

As at 31 December 2017, the investments held by Council in each fund is shown below:

	31/12/2017	30/11/2017
General Fund	52,675,824.33	51,050,171.14
Sewer Fund	34,380,049.81	35,267,279.25
Water Fund	35,015,138.33	37,622,117.83
Total Funds	122,071,012.47	123,939,568.22

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

Externally Restricted	31/12/2017	30/11/2017
General Fund	20,919,088.00	20,894,874.30
Water Fund	35,015,138.33	37,622,117.83
Sewer Fund	34,380,049.81	35,267,279.25
Auspiced	1,605,931.39	1,605,931.39
Internally Restricted	10,407,477.61	10,407,477.82
Unrestricted	19,743,327.33	18,141,887.63
Total Funds	122,071,012.47	123,939,568.22

The unrestricted cash position movements during the month are normal as projects commence and income is received. Movements may also arise following processing of income received between funds or into restricted assets to appropriately allocate for the purposes Council has determined.

Portfolio Advice

Council utilises the services of an independent investment advisor in maintaining its portfolio of investments. Council’s current investment advisor is CPG Research & Advisory Pty Limited (CPG), an independent asset consultant that works with wholesale investors to develop, implement and manage their investment portfolio. CPG is a leading provider of independent investment consulting services to a broad range of institutional investors including government agencies, superannuation funds and not-for-profit organisations.

CPG’s major services provided to Council include:

· Quarterly portfolio summary reports

· Advice on investment opportunities, in particular Floating Rate Note products

· Advice on policy construction

· Year-end market values for Floating Note Rate products held by Council.

Portfolio Performance

Council’s current Long Term Financial Plan establishes the benchmark for Council’s interest on investments at “75 basis points above the current cash rate”. The cash rate as at 31 December 2017 remained at 1.50 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 2.85 per cent which continues to exceed Council’s benchmark i.e. the cash rate of 1.50 per cent plus 0.75 per cent (or 75 basis points).

Council has also utilised the AusBond Bank Bill Index to provide a further benchmark focused towards long term investments. As at 31 December 2017, the AusBond rate was 1.70 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 2.85 per cent.

Council’s Investment Policy establishes limits in relation to the maturity terms of Council’s investments as well as the credit ratings of the institutions with whom Council can invest.

The following tables provide a dissection of Council’s investment portfolio as required by the Policy. The Policy identifies the maximum amount that can be held in a variety of investment products or with institutions based on their respective credit ratings.

Table 1 show the percentage held by Council (holdings) and the additional amount that Council could hold (capacity) for each term to maturity allocation in accordance with limits established by Council’s Policy.

Table 1: Maturity – Term Limits

Term to Maturity Allocation	Maximum	Holding	Remaining Capacity
0 - 3 Months	100.00%	9.04%	90.96%
3 - 12 Months	100.00%	62.32%	37.68%
1 - 2 Years	70.00%	10.26%	59.74%
2 - 5 Years	50.00%	18.39%	32.09%
5+ Years	25.00%	0.00%	25.00%

Table 2 shows the total amount held, and the weighted average interest rate (or return on investment), by credit rating. The credit rating is an independent opinion of the capability and willingness of a financial institution to repay its debts, or in other words, the providers’ financial strength or creditworthiness. The rating is typically calculated as the likelihood of a failure occurring over a given period, with the higher rating (AAA) being superior due to having a lower chance of default. However, it is generally accepted that this lower risk will be accompanied by a lower return on investment.

Table 2 demonstrates that Council receives a lower return for its AA rated investments than for those with ratings of A or less. The level of money held in the bank accounts has been added to the table to illustrate the ability of Council to cover the operational liabilities that typically occur (eg payroll, materials and contracts typical level of expenditure, utilities etc).

Table 2: Credit Rating Limits

Credit Rating	Maximum	Holding	Remaining Capacity	Value	Return on Investment
Bank Accounts	100.00%	10.66%	89.34%	$13,012,398.52	1.50%
AAA	100.00%	0.00%	100.00%	N/A	N/A
AA	100.00%	26.62%	73.38%	$32,500,000.00	2.71%
A	60.00%	36.91%	23.09%	$45,058,613.95	2.81%
BBB & NR	40.00%	25.80%	14.20%	$31,500,000.00	2.91%
Below BBB	0.00%	0.00%	0.00%	N/A	N/A

Certification by Responsible Accounting Officer

I, Jason Cooke, hereby certify that all investments have been made in accordance with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy.

Council Meeting 6 February 2018

5.3 Community Committee Membership

RECORD NUMBER: 2018/8

AUTHOR: Michelle Catlin, Manager Administration and Governance

EXECUTIVE Summary

This report seeks Council’s resolution of the membership of the Community Committee network, together with the adoption of the final Committee Charters for the current term of Council.

Link To Delivery/OPerational Plan

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

1 That Council appoint representatives to Council’s Community Committees as set out in this report.

2 That the Community Committee Charters be adopted for the current term of Orange City Council.

further considerations

SUPPORTING INFORMATION

Following Council’s resolution of the Community Committee framework in November 2017, a process of seeking expressions of interests for members was undertaken. This process involved:

- Letters of invitation to previous Committee members

- Letters of invitation to all candidates at the 2017 Local Government Election for Orange

- Social and traditional media

The results of the process are set out in the following table. All applicants are recommended for appointment and where necessary, the number of community representatives has been adjusted in the Charter.

Committee

Applicants

Ageing and Access

Chairperson: Cr Duffy

Councillor members: Cr McRae, Cr Romano

Community representatives sought: 10

Number of applications received: 10

No changes to Charter required

Ms Maureen Morgan

Mr Matthew Goodacre

Ms Sue Duchnaj

Mr Joel Everett

Mrs Kim Gray

Mr Ron Gander

Mrs Lina Moffitt

Mr Darryl Curran

Mr Anthony Gosper

Ms Samantha Rath

Airport

Chairperson: Cr Romano

Councillor members: Cr McRae, Cr Mileto, Cr Munro

Community representatives sought: Up to 10

Number of applications received: 8

No changes to Charter required

Mr Andrew Richards

Mr Jason Vials

Mr Michael Seccombe

Mr Rohan Williams

Mr Robert Alford

Mr Peter Rodgers

Mrs Anne Salter

Mr John Pullen

Australia Day

Chairperson: Community member

Councillor members: Cr Kidd, Cr Turner

Community representatives sought: Up to 8

Number of applications received: 8

No changes to Charter required

Ms Siobhain Harvey

Mr Ian Hatswell

Mr Stephen Brakenridge

Ms Ann Hailes

Mrs Katherine Tollner

Mr Matthew Chisholm

Mr Peter Chilcott

Mr Geoff Bargwanna

Centenary of WWI

Chairperson: Cr Kidd

Councillor members: Cr Previtera

Community representatives sought: 6

Number of applications received: 4

No changes to Charter required

Mr Charles Everett

Mr Les McGaw

Miss Elizabeth Griffin

Mrs Julie Sykes

Clifton Grove

Chairperson: Cr McRae

Councillor members: Cr Previtera

Community representatives sought: Up to 6

Number of applications received: 2

No changes to Charter required

Mr Rob Nevins

Mr Matthew Chisholm

Committee

Applicants

Community Safety and Crime Prevention

Chairperson: Cr Hamling

Councillor members: Cr McRae, Cr Mileto, Cr Taylor

Community representatives sought: Up to 7

Number of applications received: 6

No changes to Charter required

Mr Ron Gander

Mr Sam Nelson

Mrs Lyn Bocking

Mr Frederick Maw

Mr Anthony Daley

Mr Gavin Hillier

Companion Animals

Chairperson: Cr Nugent

Councillor members: Cr Munro

Community representatives sought: Up to 10

Number of applications received: 7

No changes to Charter required

Ms Jan Tallents

Mrs Susan Sanders

Ms Helen Wood

Mrs Anne Reith

Mr Neil Jones

Mr John Wills

Miss Adrienne Hiskens

Conservatorium and Planetarium

Chairperson: Cr Duffy

Councillor members: Cr Turner

Community representatives sought: Up to 4

Number of applications received: 3

No changes to Charter required

Mr Nat Burgio

Mr Rodney Somerville

Ms Melanie Smyth

Cultural Heritage

Chairperson: Cr Kidd

Councillor members: Cr Duffy, Cr Nugent

Community representatives sought: Up to 8

Number of applications received: 4

No changes to Charter required

Miss Elizabeth Griffin

Mr Charles Everett

Ms Alexandra Rezko

Ms Alison Bennett

Economic Development

Chairperson: Cr Whitton

Councillor members: Cr Kidd, Cr Mileto, Cr Previtera

Community representatives sought: 7 from key industry segments.

Number of applications received: 16

Amendment to Charter to allow for up to 16 community members with a particular in interest in key industry segments and/or economic development.

The Charter also provides for the Federal Member for Calare, State Member for Orange, and representatives of the Business Enterprise Centre, Orange Business Chamber, and the NSW Department of Industry.

Mr Tim Hall

Mr Russell Tym

Mr Bruce Buchanan

Mr Michael Banks

Mr Tony Healey

Mr Greg Beileiter

Mr Phil Gunn

Miss Gemma McDonald

Mrs Neina Campbell

Mr Craig Hort

Ms Annella Powell

Mr Darryl Curran

Mr Learne Spicer

Mrs Bernadette Novotny

Dr David Mallard

TAFE NSW

Committee

Applicants

Environmental Sustainability

Chairperson: Cr Nugent

Councillor members: Cr McRae, Cr Previtera

Community representatives sought: Up to 10

Number of applications received: 14

Amendment proposed to Charter to increase number of community representatives

Mr Nicholas King

Mr Daniel Fock

Mrs Melissa Brown

Ms Melanie McDonell

Mrs Neina Campbell

Mr Robert Alford

Ms Shahreen Alford

Mr Andrew Kennedy

Ms Annella Powell

Mr Ronald Finch

Mr Gavin Hillier

Mrs Anne Salter

Dr David Mallard

Miss Anwen Carney

Floodplain Management

Chairperson: Cr Kidd

Councillor members: Cr Romano

Community representatives sought: 2

Number of applications received: 1

No changes to Charter required

Mr Robert Alford

Health Liaison

Chairperson: Cr Kidd

Councillor members: Cr McRae

Community representatives sought: 4 plus representatives of relevant agencies

Number of applications received: 5 (community based)

Amendment proposed to Charter to increase number of community representatives

Mr Ricky Puata

Mrs Janette Savage

Dr Jannine Bailey

Associate Professor Catherine Hawke

Ms Jennifer Bennett

Mr Chris Gryllis

Mr Matthew Chisholm

Ms Alison Bennett

Lucknow

Chairperson: Cr Mileto

Councillor members: Cr Previtera

Community representatives sought: Up to 10

Number of applications received: 3

No changes to Charter required

Ms Natalee Selwood

Ms Deidre Beasley

Mr Daniel Taurins

Museum

Chairperson: Cr Kidd

Councillor members: Cr Kidd

Community representatives sought: The Charter seeks members from relevant groups.

Number of applications received: 1

No changes to Charter required with agencies to be requested to identify representatives.

Miss Elizabeth Griffin

Committee

Applicants

NAIDOC Week

Chairperson: Community member

Councillor members: Cr Munro, Cr Nugent, Cr Romano

Community representatives sought: As determined by Committee.

Number of applications received: 1

No changes to Charter required. Contact to be made with previous members to confirm membership.

Mr Chris Gryllis

Orange and Cabonne Road Safety

Chairperson: As determined by Committee

Councillor members: Cr McRae, Cr Duffy

Community representatives sought: 4 plus agency representatives

Number of applications received: 4

Mrs Lina Moffitt

Miss Elizabeth Griffin

Mr Shaun Eggleston

Mr Matthew Chisholm

Cr Greg Treavors (Cabonne Council)

Cr Anthony Durkin (Cabonne Council alternate delegate)

Parks Trees and Waterways

Chairperson: Cr Kidd

Councillor members: Cr Nugent, Cr Previtera

Community representatives sought: Up to 10

Number of applications received: 9

No changes to Charter required.

Mr David Perry

Miss Gemma McDonald

Mrs Neina Campbell

Ms Annella Powell

Mr Brendan Stuart

Mr Dennis Croucher

Mr Neil Jones

Mr Mathew Chisholm

Mr Cyril Smith

Showground

Chairperson: Cr Kidd

Councillor members: Cr Munro, Cr Romano

Community representatives sought: Up to 8 (from Show Society and Showground Users Group)

Number of applications received: 5

No changes to Charter required.

Mr Morrie Meagher

Mr Peter Naylor

Mr Ron Gander

Mrs Button Dunn

Ms Elizabeth Griffin

Committee

Applicants

Sister Cities

Chairperson: Community member

Councillor members: Cr Duffy, Cr Mileto

Community representatives sought: 6

Number of applications received: 8

Amendment proposed to Charter to increase number of community representatives

Mr Graham Bloore

Mr Chris Gryllis

Mr Douglas Brooks

Mr Bryce Ostini

Mr Robert Brown

Mrs Junko Goodacre

Mrs Shery Pirie

Mrs Aya Hurford

Sport and Recreation

Chairperson: Cr Hamling

Councillor members: Cr Duffy, Cr Nugent

Community representatives sought: Up to 10

Number of applications received: 16

As the Sport and Recreation Committee is incorporating the former Bicycling Committee, it is proposed to amend the Charter to provide for up to 16 community representatives.

Mrs Alison Bennett

Mr Michael Thornhill

Mr Scott Holmes

Ms Shahreen Alford

Mrs Kim Gray

Mr Peter Rodgers

Ms Annella Powell

Mr Brendan Stuart

Mr Shaun Eggleston

Mr Darryl Curran

Mr Gavin Hillier

Mr Matthew Chisholm

Mr Gary Norton

Mr Stephen Martin

Mrs Catherine Lawrence

Mr Wayne Hill

Spring Hill

Chairperson: Cr Mileto

Councillor members: Cr McRae, Cr Munro

Community representatives sought: Up to 10

Number of applications received: 11

Amendment proposed to Charter to increase number of community representatives

Mrs Kerry Rains

Mr Trevor Clark

Mr Jeffrey Nalder

Mrs Nicole Day

Mr Sam Nelson

Mr Peter Rodgers

Miss Stephanie Huysmans

Mrs Allison Rodgers

Mrs Terri Newman

Mrs Suzanne Vials

Mr Simon Oborn

Tidy Towns

Chairperson: Cr Duffy

Councillor members: Cr McRae, Cr Munro

Community representatives sought: 6

Number of applications received: 6

No changes to Charter required.

Mrs Alison Banks (OAM)

Mr Tony Smith

Mr Chris Gryllis

Mr Frederick Maw

Mr Ron Gander

Mrs Wendy Fisher

Attachments

1 Combined Community Committee Charters - 2018, D18/4652 ⇩

Council Meeting 6 February 2018

5.4 Strategic Policy Review

RECORD NUMBER: 2017/2656

AUTHOR: Michelle Catlin, Manager Administration and Governance

EXECUTIVE Summary

The review of Council’s Strategic Policies continues. This report presents a number of policies that have been on exhibition for adoption by Council.

Link To Delivery/OPerational Plan

Financial Implications

Nil

Policy and Governance Implications

Council’s Strategic Policies are being reviewed and amended to ensure ongoing compliance with legislation and industry best practice. Policies of Council are of two types – Strategic Policies are determined by Council, and relate to Councillors and the broader community.

The Local Government Act 1993 requires the public exhibition of Strategic Policies (if new or include significant changes) and adoption by Council. Operational Policies are determined and implemented by the General Manager, and relate to staff and the operations of the organisation.

Recommendation

That Council adopt the following policies:

a ST008 – Banners in the Central Business District

b ST021 – Customer Service Obligation

c ST016 – Complaint Management

d ST092 – Privacy and Personal Information

e ST062 – Records Management for Councillors

f ST131 – Orange Regional Museum Heritage Collection

g ST050 – Code of Meeting Practice

h Statement of Business Ethics

further considerations

SUPPORTING INFORMATION

In November 2017, Council resolved to exhibit the following Strategic Policies:

· ST008 – Banners in Central Business District

· ST021 – Customer Service Obligation

· ST016 – Complaint Management

· ST092 – Privacy and Personal Information

· ST062 – Records Management for Councillors

· ST131 – Orange Regional Museum Heritage Collection

· ST050 – Code of Meeting Practice

· Statement of Business Ethics

These policies were placed on public exhibition, with no submissions being received. The Policies are therefore presented for adoption.

In relation to the Code of Meeting Practice, at the Council Meeting held on 19 December 2017, Council resolved:

4.6 Councillor Briefings

TRIM Reference: 2017/2693

RESOLVED - 17/001 Cr G Taylor/Cr K Duffy

1 That Councillor Briefings be renamed “Councillor Workshops”.

This resolution will require amendments to the Code of Meeting Practice. This does not prevent Council from holding Councillor Workshops while the updates are made, however given this will be a significant change, a further public exhibition period will be required. The proposed changes to the Code of Meeting Practice in relation to the Councillor Workshops will be presented to the next meeting for placement on exhibition.

Attachments

1 FOR ADOPTION - Strategic Policy - ST008 - Banners in Central Business District, D18/4273 ⇩

2 FOR ADOPTION - Strategic Policy - ST021 - Customer Service Obligation, D18/4274 ⇩

3 FOR ADOPTION - Strategic Policy - ST016 - Complaint Management, D18/4276 ⇩

4 FOR ADOPTION - Strategic Policy - ST092 - Privacy and Personal Information, D18/4277 ⇩

5 FOR ADOPTION - Strategic Policy - ST062 - Records Management for Councillors, D18/4278 ⇩

6 FOR ADOPTION - Strategic Policy - ST131 - Orange Regional Museum Heritage Collection, D18/4279 ⇩

7 Strategic Policy - ST050 - Code of Meeting Practice, D17/70664 ⇩

8 Statement of Business Ethics, D17/68040 ⇩

Council Meeting 6 February 2018

5.4 Strategic Policy Review

Attachment 8 Statement of Business Ethics

STATEMENT OF BUSINESS ETHICS

Orange City Council is proud to be a professional, friendly and ethical organisation.

Council provides a large number of services, and the Orange community expects high ethical standards in the provision of those services, and in everything else Council does. How Council manages relationships with business is a key to maintaining the community’s trust and confidence.

Orange City Council has developed this Statement of Business Ethics to set the standard that third parties are expected to apply when dealing with Council or acting on Council’s behalf.

This statement provides for external parties, suppliers, contractors, service providers, businesses and individuals to adopt standards of ethical behaviour that meet Council’s requirements. It also outlines what to expect when external parties are conducting business with Council.

Garry Styles

GENERAL MANAGER

December 2017

D17/68040

Orange City Council – Statement of Business Ethics

Key Business Principles

Orange City Council expects all its Councillors, employees and other delegates to behave ethically and abide by Council’s Code of Conduct.

Orange City Council expects external parties and their representatives to maintain similar standards of ethical conduct in their dealings with Council.

There are two main principles that form the basis of Orange City Council business agreements. One is the need to get best value for public money. The other is the need to demonstrate impartiality and fairness at all stages of a process.

· Best value for money does not automatically mean the lowest price. Rather, Council will balance all relevant factors including initial cost, whole of life costs, quality, reliability and timeliness in determining true value for money.

· Impartiality and fairness are about being objective, evenhanded and reasonable. This does not mean pleasing everyone. If some people are adversely affected by a particular decision, that is unfortunate, but not necessarily unfair or unreasonable. Council will strive to be fair by ensuring that its processes are appropriate and demonstrate this by being open and accountable, wherever practical.

What can you expect from Orange City Council?

Orange City Council will ensure that all its policies, procedures and practices related to tendering, contracting and the purchase of goods or services are consistent with best practice and the highest standards of ethical conduct.

Staff are bound by Orange City Council’s Code of Conduct. When doing business with external parties Orange City Council staff are accountable for their actions and are expected to:

· Act with integrity

· Use public resources effectively and efficiently

· Deal fairly, honestly and ethically with all individuals and organisations

· Avoid actual, potential or perceived personal or professional conflicts of interest

· Treat all potential suppliers impartially and fairly

· Make decisions solely on merit

· Give reasons for decisions (where appropriate)

· Not call tenders unless there is a firm intention to proceed to contract

· Respect confidentiality of commercial information and privacy of individuals

· Respect and follow Council’s policies and procedures

· Promote open competition while seeking best value for money

· Meet or exceed public interest and accountability standards

· Never solicit or accept remuneration, gifts or other benefits from a supplier for the discharge of official duties

· Respond promptly to reasonable requests for advice and information.

Orange City Council – Statement of Business Ethics

Interaction with Council Officers

Any interaction between suppliers and Council Officers must comply with the following requirements:

· Meetings are to be by appointment only, unannounced visits to Council sites are not allowed

· Meetings are to occur only in the designated public areas of Council buildings, not in workplaces, staff lunch rooms or operational areas of work sites.

· Meetings with suppliers are to be attended by more than one Council Officer

· Businesses wishing to demonstrate a new product or service should provide details to Council’s email address, council@orange.nsw.gov.au for referral to the Purchasing Officer and other appropriate staff.

What can Orange City Council expect of you?

Orange City Council requires all external parties to observe the following principles when conducting business with Council:

· Act ethically, fairly and honestly in all dealings with Council

· Abstain from collusive practices

· Comply with the law including legislation and regulations, and relevant Council documentation, policies and procedures including the Code of Conduct, Purchasing Policy, and Equal Employment Opportunity Management Plan

· Respect the obligation of Council staff to abide by Council policies

· Not offer Council employees or Councillors or other Council delegates any financial or other inducements, gifts or benefits

· Provide accurate and reliable information and advice when required.

· Prevent actual, potential or perceived conflicts of interest and declare these as soon as possible if they occur

· Respect confidentiality of commercial and Council information, and privacy of individuals

· Obtain Council’s consent before discussing Council business in the media

· Ensure that environmental sustainability is a key element of your business practice

· Provide working conditions for your employees that comply with industrial relations laws and regulations

· Ensure that you do not lobby or seek to influence Council Officers or Councillors while business proposals or tenders are being considered

· Advise the General Manager if you believe any person has breached the law, this Statement of Business Ethics or Council’s other policies and procedures.

Orange City Council – Statement of Business Ethics

Why should external parties comply with this Statement of Business Ethics?

When you comply with this Statement of Business Ethics, you will find that doing business with Council is easier and more effective. You can be sure that you are not disadvantaged because Council requires others who deal with Council to do the same. By doing business ethically, you will also find it easier to deal with other government bodies because they have similar policies. Ethical practice makes good business sense.

Non-compliance

You should be aware of the consequences of not complying with the Council’s ethical requirements when doing business with Council. If you engage in corrupt conduct, such as trying to influence the outcome of a tender, Council takes it very seriously.

Non-compliance with the requirements of the Statement of Business Ethics resulting in demonstrated corrupt or unethical conduct could lead to:

· Termination of contract

· Loss of future work or opportunities

· Loss of reputation

· Investigation for corruption

· Referral to external agency for investigation of criminal activity

· Disqualification of tender

If an apparent breach of any agreed standard of ethical conduct is identified the matter should immediately be brought to the attention of the General Manager on 6393 8000.

Contact Information

If you have questions or comments concerning this Statement of Business Ethics, or have information on suspected corruption, maladministration or serious waste of funds, please contact the General Manager’s office by letter, phone, fax or email (details below).

If you would like a copy of Council’s Code of Conduct, or any other relevant policy or procedure, please visit Council’s website at www.orange.nsw.gov.au or contact Council’s Public Officer (details below).

Michelle Catlin Public Officer Orange City Council	Garry Styles General Manager Orange City Council
Phone 63938246	Phone 63938000
PO Box 35 Orange NSW 2800	PO Box 35 Orange NSW 2800
Email council@orange.nsw.gov.au	Email council@orange.nsw.gov.au

Council Meeting 6 February 2018

5.5 Children's Services - Review of Business Model for Fee Preparation

RECORD NUMBER: 2018/66

AUTHOR: Louise Geaghan, Community Services Manager

EXECUTIVE Summary

A previous report to Council in August 2017 advised the Department of Education and Training notified Council that operational funding provided through the Community Support Programme (CSP) for Children’s Services will cease effective from July 2018 and a review of business models to determine fees and charges for consideration in the 2018/2022 Delivery/Operational Plan was recommended.

More recently, the NSW Government Department of Education has notified Council programs funded through Early Childhood Education Grants are being reviewed and the Australian Government has announced child care benefit and rebate subsidies to families will be replaced with a new Child Care Subsidy (CCS) package in July 2018.

Modelling indicates that most eligible families will receive additional funding under the new CCS package to offset fee increases.

This business model review includes analysis of all the current proposed and confirmed changes to child care subsidies to determine fees and charges for the 2018 to 2019 period with the overall objective to provide high quality child care services at an overall break-even point for Council.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “9.2 Our Community – Ensure the precincts, buildings, programs and activities provided by the Council’s children’s services are professionally managed”.

Financial Implications

The loss of CSP and potential loss of Early Childhood Education Grant funding at 30 June 2018 will impact all Orange City Council Child Care Service budgets to the total of $394,707 per year.

An adjustment to fees to compensate for the loss is provided below. An application for financial support, which may offset the loss of funding, has been submitted through the new Community Child Care Fund (CCCF) and through the NSW Government Start Strong Pathways program. Results of the grant applications will not be known until April 2018.

The Australian Government has changed child care subsidies to individuals to compensate them for the increase in child care fees.

Policy and Governance Implications

A review of the Fees Policy and Schedule will be required.

Recommendation

1 That the report on Children’s Services – Review of Business Model for Fee Preparation be acknowledged.

2 That the Draft Fees and Charges for Children’s Services be increased to recover the loss of funding as a component of Council’s Delivery/Operational Plan 2018/22 process.

3 That should Government funding be obtained, the child care fees be adjusted accordingly to reflect an overall breakeven point for the provision of Children’s Services.

further considerations

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

Service Delivery	Council has been providing quality, highly regarded Children’s Services for more than 40 years. With the loss of funding, a fee increase will be necessary to continue to operate in a similar manner with the required staff ratios. The new CCS system will provide increased subsidy for lower and middle income families to compensate for the increase in fees however, more stringent parent activity levels may impact eligibility for subsidy hours of care.
Image and Reputation	An analysis of fees across the Long Day Care providers across Orange Local Government Area has identified that Orange City Council’s Fees and Charges remain an affordable option for families. The anticipated fee increase should allow Council fees to remain in the lower band for fee options. The increase in Family Day Care administration fees will be provided to families in advance. Any Family Day Care providers operating in the area will be subject to the same funding changes.
Political	These funding changes will be experienced across NSW and attributed to the Commonwealth Department of Education and Training and the NSW Department of Education.
Employees	A clear direction regarding the continuation of services is required to provide a stable environment for staff and Family Day Care providers.
Stakeholders	Lower and middle income families will be eligible for a CCS rebate higher than the current child care benefit and rebate provides. Parent activity levels will determine the number of hours families are eligible for subsidised care and the new activity thresholds are more stringent than existing levels. Therefore the extent to which the fee increase will affect families is variable. Based on the current usage patterns a high proportion of stakeholders have high activity levels and are in the low to middle income streams, indicating a small proportion of current users will be negatively impacted by the changes to the system and fee increases.

SUPPORTING INFORMATION

The Children’s Services – Cessation of Community Support Programme Funding report was provided to the Services Policy Committee in August 2017 and is provided as Attachment 1. This report recommended a review of the current Children’s Service business model and a determination of fees and charges for each service for consideration in the 2018/2022 Delivery/Operational Plan. The report also provides a table of the estimated loss of grant income anticipated by the cessation of the Community Support Programme (CSP).

REVIEW

An analysis of potential fee increases has been completed to allow Fees and Charges for the 2018/19 period to be finalised.

Council fees are lower than all other Long Day Care options across the Orange Local Government Area. The fees range from $96 per day for Council services to $115 per day for other providers. Hours of operation of the centres vary across Orange, Council’s service is a 10 hour day (8am to 6pm) whilst most others are 12 hour days (7am – 7pm).

Council develops fees for Family Day Care, Vacation Care and Occasional Care services based on the best value to families and least cost to Council after funding opportunities are secured.

Grant applications have been submitted for financial support through the Community Child Care Fund (CCCF) scheme and Start Strong Pathways to compensate for the loss of existing funding however the outcome of the applications will not be known until April 2018.

The CCCF programme is specifically designed to support disadvantaged or vulnerable families and communities, the Start Strong Pathways program is for children between 0 to 3 years to provide educational supports to support pathways to preschool and promote the importance of early childhood education to parents and communities.

A table of fees is provided below. This is based on the assumptions that:

· the CCCF and Start Strong funding applications are unsuccessful

· the Early Childhood Education program funding ceases

· Council maintains an overall breakeven point for its delivery of Children’s Services.

Service	Current Daily Fee	Increase based on current enrolments	Increase with a 10% loss of enrolments	Increase with a 15 % loss of enrolments
Spring Street Children’s Centre	$96	$103.83	$115.83	$122.60
Yarrawong Children’s Centre	$96	$100.60	$112.16	$119.00
Courallie Park Child Development Centre	$96	$99.83	$110.78	$117.98

Service	Current hourly Administration Fee	Increase based on current enrolments
Orange Family Day Care	$1.05	$1.80

A further review of Occasional Care and Vacation fees will be undertaken after the Early Childhood Education Grant Program review is completed.

NEW SUBSIDY LEVELS FOR FAMILIES

A new Child Care Subsidy (CCS) package will replace the current child care benefit and rebate. There are three components to determine the subsidy which is provided directly to services.

1 The annual subsidy cap has been removed for families with a combined income under $185,710 and increased for families with combined incomes between $185,710 and $350,000.

2 The percentage of subsidy available to families ranges from 85% for families with a combined income under $65,710 to 20% for those with a combined income of $350,000. Families with a combined income over $350,000 are not eligible for the CCS, however can still access care.

3 A new Activity Test determines eligibility for hours of subsidised child care for families. This test requires a higher number of hours of activities, such as, but not limited to; employment, volunteering and seeking employment, for eligibility for subsidised hours of care for most levels of income, apart from those with a combined family income under $65,710. There are some safeguards and exemptions for are unable to meet activity test requirements.

The new hourly rate cap is based on the type of care:

· Centre-based care $11.55

· Family Day Care $10.70

· Outside school hours care $10.10

Currently the hourly cap is $4.30 for Centre-based and Family Day Care is $5.67.

In summary, the rebate expected with the new CCS will be increased and the current annual subsidy cap for people on middle and low incomes has been removed to provide additional financial support for families to access child care. However more activity levels are required for hours of child care subsidy than currently received.

Based on the review it is recommended that fees for the 2018/19 financial year are set at the following levels:

1 Long Day Care across all Council services is adjusted to $115 per day

2 Family Day Care administration fee is increased to $1.80 per hour

IMPACT ON FAMILIES

It is difficult to measure the precise impact the fee increase will have on families although the increase in subsidy, through the CCS, will decrease the out of pocket expense for most families currently utilising long and family day care.

Based on families currently utilising Council child care services the following analysis is available:

· Currently 89% of families utilising Council child care services are eligible for the highest amount of subsidised hours of care per week, 50 hours, however the criteria for current eligibility is 15 hours of activity per week and the new CCS criteria is 48 hours per fortnight.

· Across Council child care services, 28.25% of current families do not receive a child care benefit and 23.25% receive a 100% child care benefit, indicating the majority of parents, 48.5%, are in the moderate income bracket.

· Based on current prices for Council day care, the lowest possible out of pocket amount payable for those on the maximum existing CCB and CCR is $28 per day. An estimate under the new CCS for lowest possible out of pocket payment calculated at a child care fee of $115 per day (the cap for a 10 hour day) is $17.30.

· Calculations for families with moderate incomes indicate out of pocket expenses will be decreased for families with both parents working full time and minimally impacted for families with activity levels for one parent being less than 24 hours per week.

· Family Day Care fees are set by the providers and the fee paid to Council represents an administration fee for support provided to the program. Currently the average hours of care families are accessing per week is 16 hours, within a range of 7 – 45 hours. The average administration fee increase would therefore be $12 per week and covered by the CCS additional rebate, if activity test levels are above 8 hours per fortnight for those with a combined salary of above $65, 710.

Attachments

1 SPC 6 June 2017 - Children's Services - Cessation of Community Support Programme (CSP) Funding, D18/4501 ⇩

Firm	2012/13	2013/14	2014/15	2015/16	2016/17	2017/18
Maddocks	97,601.35	80,344.48	52,046.53	19,930,36	35,869.355	66,344.50
Marsdens	171,296.68	320,320.84	151,751.73	68,102.04	202,156.33	97,409.16
HWL Ebsworth	104,548.96	115,232.92	113,254.16	68,460.69	30,559.79	4,879.71
Crennan Legal	49,635.79	174,219.24	136,893.32	121,259.89	157,493.04	154,967.12
TOTAL	423,082.78	690,117.48	453,945.74	277,752.98	426,078.51	323,600.49

Year	Per m² rate
2013/14	$3.50
2014/15	$3.60
2015/16	$3.70

Year	Per m² rate
2016/17	$6.75
2017/18	$6.85