Ordinary Council Meeting

 

Agenda

 

4 December 2018

 

 

Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that a Ordinary meeting of ORANGE CITY COUNCIL will be held in the Council Chamber, Civic Centre, Byng Street, Orange on Tuesday, 4 December 2018 commencing at 7.00pm.

 

 

Garry Styles

General Manager

 

For apologies please contact Administration on 6393 8218.

    

 


Council Meeting                                                                                        4 December 2018

Agenda

EVACUATION PROCEDURE

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                Introduction.. 4

1.1            Apologies and Leave of Absence. 4

1.2            Livestreaming and Recording. 4

1.3            Acknowledgement of Country. 4

1.4            Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests. 4

2                Mayoral Minutes. 4

Nil

COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE OPEN FORUM

COUNCIL MEETING RESUMES

 

Presentation of Audited Financials by Council's Auditor

 

3                Confirmation of Minutes of Previous Meeting.. 4

3.1            Minutes of the Ordinary Meeting of Orange City Council held on 20 November 2018  6

3.2            Minutes of the Extraordinary Meeting of Orange City Council held on 27 November 2018  21

4                Notices of Motion/Notices of Rescission.. 25

4.1            Notice of Motion - Chair Lift Mount Canobolas. 25

5                General Reports. 27

5.1            NSW Regional Technology Expo 2019. 27

5.2            Acquisition of Crown Land - Part Lot 7307 DP1163739 for Road Construction. 33

5.6            Woodward Street/Wentworth Lane Land Acquisition. 36

5.3            Lease Part Wilima Walk, Ploughmans Lane. 41

5.4            Foodie Night Markets application to operate on Council owned/managed land  43

 

6                Closed Meeting - See Closed Agenda.. 45

6.1            Expression of Interest - New Animal Shelter. 47

6.2            Sale Industrial Land - Lot 804 DP 1240445. 49

6.3            Tender OC FutureCity Planning and Development Framework. 51

6.4            Tender for Construction of Southern Feeder Road Stage 2 and Railway Overbridge - F2811. 53

7                Resolutions from closed meeting.. 55

 


Council Meeting                                                                                        4 December 2018

1       Introduction

1.1     Apologies and Leave of Absence

1.2     LIVESTREAMING AND RECORDING

This Council Meeting is being livestreamed and recorded. By speaking at the Council Meeting you agree to being livestreamed and recorded. Please ensure that if and when you speak at this Council Meeting that you ensure you are respectful to others and use appropriate language at all times. Orange City Council accepts no liability for any defamatory or offensive remarks or gestures made during the course of this Council Meeting. A recording will be made for administrative purposes and will be available to Councillors.

1.3     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.

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

The provisions of Chapter 14 of the Local Government Act, 1993 (the Act) regulate the way in which Councillors and designated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public role.

The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest must be disclosed as soon as practicable after the start of the meeting and the reasons given for declaring such interest.

As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussion or voting on that matter, and requires that member to vacate the Chamber.

Council’s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code of Conduct also provides for a number of ways in which a member may manage non pecuniary conflicts of interest.

Recommendation

It is recommended that Councillors now disclose any conflicts of interest in matters under consideration by the Council at this meeting.

2       Mayoral Minutes

Nil        

3       Confirmation of Minutes of Previous Meeting

RECOMMENDATION

That the Minutes of the Ordinary Meeting of Orange City Council held on 20 November 2018 (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 20 November 2018.

 

RECOMMENDATION

That the Minutes of the Extraordinary Meeting of Orange City Council held on 27 November 2018 (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 27 November 2018.

 

Attachments

1        Minutes of the Ordinary Meeting of Orange City Council held on 20 November 2018

2        Minutes of the Extraordinary Meeting of Orange City Council held on 27 November 2018


018/1041


ORANGE CITY COUNCIL

 

MINUTES OF THE

Ordinary Council Meeting

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

ON 20 November 2018

COMMENCING AT 7.00pm


 1      Introduction

Attendance

Cr R Kidd (Mayor), Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Nugent, Cr M Previtera, Cr R Turner

Acting General Manager, Director Development Services, Director Community, Recreation and Cultural Services,  Manager Corporate Governance, Manager Corporate and Community Relations, Administration Trainee

 

1.1     APOLOGIES

 

RESOLVED - 18/519                                                                          Cr S Nugent/Cr J Hamling

That the apologies be accepted from Cr S Romano (Deputy Mayor), Cr K Duffy, Cr S Munro, Cr G Taylor and Cr J Whitton for the Council Meeting of Orange City Council on 20 November 2018.

1.2     LIVESTREAMING AND RECORDING

The Mayor advised that the meeting was being livestreamed and recorded.

 

1.3     ACKNOWLEDGEMENT OF COUNTRY

 

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

Cr J McRae declared a less than significant non-pecuniary interest in item 5.4 (DA 318/2018(1) – Proposed Department of Industry Building – 84 Dalton Street) as she owns property nearby.

 

2       Mayoral Minutes

Nil 

 

3       Confirmation of Minutes of Previous Meeting

RESOLVED - 18/520                                                                            Cr S Nugent/Cr T Mileto

That the Minutes of the Ordinary Meeting of Orange City Council held on 7 November 2018 (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 November 2018 with the amendment to the Council Minutes to note that Cr M Previtera was in attendance and The Hon Mark Pearson is a Member of the NSW Legislative Council (speaker in Open Forum).

 

4       Notices of Motion/Notices of Rescission

Nil


 

5       General Reports

5.1     Recommendations and Resolutions from Policy Committees

TRIM Reference:        2018/2762

RESOLVED - 18/521                                                                     Cr J Hamling/Cr M Previtera

That Council resolves to adopt the following resolutions of Policy Committees from the meetings of 7 November 2018:

1        PLANNING AND DEVELOPMENT COMMITTEE

          1        Council resolves to approve the minutes Planning and Development Committee held on 7 November 2018.

          2        Council resolves to approve the following recommendations of the Planning and Development Committee meeting held on 7 November 2018:

2.2    Development Application DA 405/2017(2) - 241 Ploughmans Lane

         That Council resolves to issue modified development consent DA 405/2017(1) for Place of Public Worship and Business Identification Sign at Lot 9 DP 746439 - 241 Ploughmans Lane, Orange pursuant to the conditions of consent in the attached modified Notice of Approval.

2.3    Development Application DA 33/2018(1) - 4613 Mitchell Highway, Lucknow

That Council resolves to defer development application DA 33/2018(1) - 4613 Mitchell Highway, Lucknow, until after a site inspection has taken place.

2.4    Development Application DA 335/2018(1) - 185-193 Bathurst Road

That Council resolves to issue consent to development application DA 335/2018(1) for Demolition (existing building and ancillary structures) at Lot 102 DP 842161 - 185-193 Bathurst Road, Orange pursuant to the conditions of consent in the attached Notice of Approval.

2        EMPLOYMENT AND ECONOMIC DEVELOPMENT POLICY COMMITTEE

          1        Council resolves to approve the minutes Employment and Economic Development Policy Committee held on 7 November 2018.

          2        Council resolves to approve the following recommendations of the Employment and Economic Development Policy Committee meeting held on 7 November 2018:

                   2.1    Minutes of the Economic Development Community Committee Meeting held 19 September 2018

That the minutes of the Economic Development Community Committee meeting held on 19 September 2018 be adopted.

 

 

3        INFRASTRUCTURE POLICY COMMITTEE

1        Council resolves to approve the minutes Infrastructure Policy Committee held      on 7 November 2018.

2        Council resolves to approve the following recommendations of the Infrastructure Policy Committee meeting held on 7 November 2018:

2.1    Minutes of the Floodplain Risk Management Community Committee meeting - 8 October 2018

That the minutes of the Floodplain Risk Management Community Committee meeting of 8 October 2018 be adopted.

2.2    Minutes of the City of Orange Traffic Committee meeting - 9 October 2018 (electronic)

That Council resolves:

1        Item 2.1 – Street Event – New Year’s Eve Part Under The Stars - of the Extraordinary City of Orange Traffic Committee Meeting of 9 October 2018;

          “That Conditional Approval for the 2018 New Year’s Eve Party Under The Stars be endorsed subject to compliance with the attached conditions.”

2        That the remainder of the Minutes of the Extraordinary City of Orange Traffic Committee of 9 October 2018 be adopted.

4        SPORT AND RECREATIONAL POLICY COMMITTEE

          1        Council resolves to approve the minutes Sport and Recreational Policy Committee held on 7 November 2018.

          2        Council resolves to approve the following recommendations of the Sport and Recreation Policy Committee meeting held on 7 November 2018:

2.1    Minutes of the Orange Showground Community Committee Meeting held on 18 September 2018

That Council resolves:  

1        To acknowledge the reports presented to the Orange Showground Community Committee at its meeting held on 18 September 2018.

2        To adopt recommendations 3.4 and 3.5 from the minutes of the Orange Showground Community Committee meeting of 18 September 2018:

3.4     That the Orange Showground Community Committee meetings be held quarterly and on the 3rd Tuesday of the month.

3.5     (a)   That the discussion regarding the Naylor Pavilion Amenities concept Plan be acknowledged.

(b)   That the design of the amenities and cafeteria for the Naylor Pavilion be progressed.

3        That the remainder of the minutes of the Orange Showground Community Committee at its meeting held on 18 September 2018 be adopted.

2.2    Minutes of the Australia Day Community Committee Meeting – 3 October 2018

Council resolves to adopt the minutes of the Australia Day Community Committee meeting held on 3 October 2018.

3.1    Olympic Archery Requirements

1        That Council resolve to acknowledge the report on Olympic Archery requirements.

2        That Council consider funding of Option 2 in the next quarterly review.

QUESTION TAKEN ON NOTICE

That Council allocate up to $15,000 for more security at the Hockey Centre.

5        ENVIRONMENTAL SUSTAINABILITY POLICY COMMITTEE

          1        Council resolves to approve the minutes of the Environmental Sustainability Committee held on 7 November 2018.

          2        Council resolves to approve the following recommendations of the Environmental Sustainability Committee meeting held on 7 November 2018:

                   2.1    Minutes of the Environmental Sustainability Community Committee - 19 October 2018

                             That Council resolves:

1       To acknowledge the reports presented to the Environmental Sustainability Community Committee at its meeting held on 19 October 2018.

2       To adopt the recommendations 2, 3.3, 3.5 (two recommendations) and 4.1 from the minutes of the Environmental Sustainability Community Committee meeting of 19 October 2018 being:

         2       That the Minutes of the Meeting of the Environmental Sustainability Community Committee held on 3 August 2018 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate record of the proceedings of the Environmental Sustainability Community Committee meeting held on 3 August 2018.

                                      3.3    That Council develop an energy reduction target for its own facilities

                                      3.5    (i)      That the Committee acknowledges the current activities of staff, but recommends Council  seek additional resources to focus on biodiversity, including data collection and mapping.

                  (ii)     That Council acknowledges the passing and achievements of Ian Kiernan, the founder of the Clean Up Australia organisation, conservationist and environmental campaigner, who passed away on 16 October 2018.

                            4.1    That the Environmental Sustainability Community Committee review and update the Committee Action Plan before the next meeting.

                            3        That the remainder of the minutes of the Environmental Sustainability Community Committee at its meeting held on 19 October 2018 be adopted.

6        FINANCE POLICY COMMITTEE

          1        Council resolves to approve the minutes of the Finance Policy Committee held on 7 November 2018.

          2        Council resolves to approve the following recommendations of the Finance Policy Committee meeting held on 7 November 2018:

2.1    Requests for Financial Assistance

The Council resolves:

1       That the request for financial assistance from Orange Waratah Sports Club be declined.

2       That a donation of $1,000.00 ($750.00 from General Donations and $250.00 from Emergent Funding) be made to Desi Aussies of Orange for UTSAV 2018 - Diwali Celebration.

3       That Council place on exhibition for 28 days its intention to donate $1,000.00 from Emergent Funding to Mak Boxing Promotions for Orange-staged Boxing Festival.

4       That a donation of $1,500.00 be made from Emergent Funding to the Central West Regional of the Australian Poll Dorset Association.

         MATTER ARISING

         That recommendation 5 (Emergent Funding Joel Everett (Ability Dreaming) for Disability Tour Group Outings, be deferred until further information is received on this funding request.

7        SERVICES POLICY COMMITTEE

          1        Council resolves to approve the minutes of the Services Policy Committee held on 7 November 2018.

          2        Council resolves to approve the following recommendations of the Services Policy Committee meeting held on 7 November 2018:

2.1     Minutes of the NAIDOC Week Community Committee Meeting – 21 September and 5 October 2018

1        That Council acknowledge the reports presented to the NAIDOC Week Community Committee at its meeting of 21 September and 5 October 2018.

2        That the remainder of the minutes and recommendations made by the NAIDOC Week Community Committee at its meeting held on 21 September and 5 October 2018 be adopted.

That Council formally congratulate staff involved with the NAIDOC awards, the Chair of the NAIDOC Committee, Gerald Powyer, and the NAIDOC Community Committee members.

2.2    Minutes of the Orange and Cabonne Road Safety Community Committee Meeting - 26 September 2018

1        That Council acknowledge the reports presented to the Orange & Cabonne Road Safety Community Committee at its meeting held on 26 September 2018.

2        That the remainder of the minutes of the Orange & Cabonne Road Safety Community Committee at its meeting held on 26 September 2018 be adopted.

2.3     Minutes of the Orange Regional Museum Committee – 16 October 2018

That Council resolves:  

1        To acknowledge the reports presented to the Orange Regional Museum Committee at its meeting held on 16 October, 2018.

2        To adopt recommendations 3.1 and 4.1 from the minutes of the Orange Regional Museum Committee meeting of 16 October, 2018:

3.1    That a report be brought back to the next Committee Meeting to investigate opportunities of the role of the cottages to describe the history of the buildings and to promote Orange Regional Museum.

4.1    That the Council actively pursue funding to support the sustainability of this program.

3        That the remainder of the minutes of the Orange Regional Museum Committee at its meeting held on 16 October, 2018 be adopted.

8        That the remainder of the minutes of the Employment and Economic Development Policy Committee, Infrastructure Policy Committee, Sport and Recreation Policy Committee, Environmental Sustainability Policy Committee, Finance Policy Committee and Services Policy Committee be noted.

 

 


 

 

5.2     Update on Outstanding Resolutions of Council including Questions Taken on Notice and Notices of Motions.

TRIM Reference:        2018/2763

RESOLVED - 18/522                                                                            Cr S Nugent/Cr J McRae

That the information provided in the report by the Manager Corporate Governance on Outstanding and Completed Notices of Motion, Questions of Notice and Matters arising be acknowledged.

 

 

5.3     Statement of Investments - October 2018

TRIM Reference:        2018/2787

RESOLVED - 18/523                                                                            Cr S Nugent/Cr J McRae

That Council resolves:

1        To note the Statement of Investments as at 31 October 2018.

2        To adopt the certification of the Responsible Accounting Officer.

 

 

5.4     Development Application DA 318/2018(1) - proposed Department of Industry Building - 84 Dalton Street, Orange

TRIM Reference:        2018/2779

Cr J McRae declared a less than significant non-pecuniary interest in this item as she owns property nearby.

Due to a lack of a quorum for this item, this matter is deferred with the Director Development Services to confirm this will still align with JRPP timeframes for their meeting of the 6 December 2018.


 

 

5.5     Development Application DA 41/2007(2) - 84 Glenroi Avenue

TRIM Reference:        2018/2862

RESOLVED - 18/524                                                                           Cr R Turner/Cr J Hamling

That Council resolves to modify development consent DA 41/2007(1) for Hotel (additions and alterations to existing) at Lot 3 DP 630463 - 84 Glenroi Avenue, Orange pursuant to the conditions of consent in the attached modified Notice of Approval.

 

 

Division of Voting

Voted For

Cr R Kidd (Mayor), Cr J Hamling, Cr J McRae, Cr T Mileto, Cr S Nugent, Cr M Previtera, Cr R Turner

Voted Against

Nil

Absent

Cr K Duffy, Cr S Munro, Cr S Romano, Cr G Taylor, Cr J Whitton

 

5.6     Code of Conduct Complaint Reporting

TRIM Reference:        2018/2670

RESOLVED - 18/525                                                                          Cr S Nugent/Cr J Hamling

That the report on Code of Conduct Complaint Reporting be acknowledged.

 

 

5.7     2019/20 Budget Timetable

TRIM Reference:        2018/2863

RESOLVED - 18/526                                                                             Cr R Turner/Cr J McRae

The Council resolves:

1    To approve the 2019/20 Budget timetable set out in the Agenda; and

2    Despite resolution 17/575, delegate to the General Manager authority to convene a limited number of closed Councillor Workshops as may be necessary to facilitate the Annual Budget setting process.

 

 


 

 

5.8     2018/19 Fees & Charges Amendments & Additions

TRIM Reference:        2018/2650

RESOLVED - 18/527                                                                             Cr R Turner/Cr T Mileto

Council resolves to place the following fees on exhibition for the information of the community for a period of 28 days.

The proposed Scout Hall fees and charges are:

Category

GST Ex

GST

Total

Dormitory overnight (per person)

$13.64

$1.36

$15.00

Dormitory per night more than 7 nights special rate*(per person)

$11.82

$1.18

$13.00

Camping overnight (per person)

$8.00

$0.80

$8.80

Camping per night more than 7 nights special rate*(per person)

$6.91

$0.69

$7.60

Day use (excluding showers) (more than 3.5 hours) (per person)

$3.18

$0.32

$3.50

Day use (including showers) (more than 3.5 hours) (per person)

$4.54

$0.46

$5.00

½ Day use (excluding showers) (less than 3.5 hours) (per person)

$1.82

$0.18

$2.00

½ Day use (including showers) (less than 3.5 hours) (per person)

$2.73

$0.27

$3.00

RV/Self-contained caravan (no power, no ablutions)

$5.00

$0.50

$5.50

RV Self-contained caravan (access to ablutions)

$8.00

$0.80

$8.80

Scouts Australia full site use (available 6 times a year)

$0.00

$0.00

$0.00

Non-local Scouts and Guides Use

Local Scout and Guides Additional Use (above 6 times a year)

½ price of other groups

Orange City Council Use (no charge)

$0.00

$0.00

$0.00

Damage and cleaning costs

At cost plus 20% admin fee

    * This is the daily rate. The group will also be charged for a cleaner once a week at cost.

 


 

 

The proposed Download of tender document fees and charges are:

The proposed Clover Hill Function Centre fees and charges are:

 

The proposed liquid trade waste pH fees and charges are:

 

 


 

 

5.9     Requests for Financial Assistance

TRIM Reference:        2018/2794

RESOLVED - 18/528                                                                          Cr J Hamling/Cr S Nugent

The Council resolves:

1        That a donation of $1,930.00 be made from Emergent Funding to Teach Learn Grow for the Inaugural Rural Program to Glenroi Heights Public School.

2        That a donation of $250.00 be made from the Sports Participation Program to Dallas George for attending the AMAC Australian Karate Titles as part of the NSW AMAC Karate Squad.

 

 

5.10   Invitation to Join Regional Cities NSW

TRIM Reference:        2018/2281

RESOLVED - 18/529                                                                            Cr J McRae/Cr S Nugent

That Council resolves to:

1        Note the information contained within this Invitation to Join Regional Cities NSW Council Report.

2        Join Regional Cities NSW (RCNSW) with a formal review of Council’s membership to take place within the first 24 months of the formal commencement of RCNSW, to ensure it is meeting its stated objectives.

3        Note that whilst sixteen Councils have been invited to join RCNSW, a minimum of nine Councils will be needed to establish RCNSW.

4        Allocate $5,000 for membership of RCNSW from 1 January 2019 to 30 June 2019

5        Note that any future requests for financial contributions over and above the annual membership fee to RCNSW will be reported to Council for further consideration.

 

 

5.11   Evocities MOU

TRIM Reference:        2018/2733

RESOLVED - 18/530                                                                     Cr J Hamling/Cr M Previtera

That Council resolves:

1        To confirm Orange City Council’s commitment to the continuation of the Evocities program for the period 2019/20 to 2022/23.

2        To authorise the Mayor and General Manager to execute the Memorandum of Understanding between the Evocities for the period.

 

 

QUESTION TAKEN ON NOTICE

Cr Nugent requested Council implement processes to measure the impact, outcomes, results that arise as a result of Evocities and people moving to Orange.

 

5.12   Welcome to Summer Weekend - Orange Aquatic Centre

TRIM Reference:        2018/2813

RESOLVED - 18/531                                                                          Cr J Hamling/Cr S Nugent

That Council resolves to:

1        Grant free entry to the Aquatic Centre for the Start of Summer Weekend, 1 and 2 December 2018; and

2       Extend current seasonal pass holders as detailed in the report by 2 weeks.

 

 

5.13   Orange 360 Board - Orange City Council Delegates

TRIM Reference:        2018/2870

RESOLVED - 18/532                                                                            Cr S Nugent/Cr T Mileto

That the General Manager, Cr R Kidd and Cr J McRae be Council delegates on the TDO Pty Ltd Board.

 

 

MATTERS ARISING  

 

Cr McRae thanked all involved in Orange 360 over the last year and acknowledged all the hard work undertaken by Councillors formerly on the board. Supported by Cr Nugent.

 

Cr Nugent noted that Sydney Weekender had been at Huntley Berry Farm during the week with the program scheduled to go to air in the New Year.

 

Cr Mileto thanked the Director Corporate, Recreation and Community Services, Scott Maunder, for assisting the Spring Hill Community Committee regarding speed issues in the Spring Hill community.

 

Cr McRae commended staff for the promotion of the Australia Day Awards.

 

QUESTION TAKEN ON NOTICE

Cr Hamling requested the community be kept informed on proposed water restrictions.

 

 


 

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 Manager Administration Governance 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.

Recommendation

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

6.1     Lachlan Valley Railway

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 (b) the personal hardship of any resident or ratepayer.

 

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 7.55pm.

The Mayor declared the Ordinary Meeting of Council resumed at 8.06pm.


 

7       Resolutions from Closed Meeting

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

6.1     Lachlan Valley Railway

TRIM Reference:        2018/2598

RESOLVED - 18/533                                                                           Cr R Turner/Cr S Nugent

That Council resolves:

1        To waive the outstanding rates and interest for the property at 2C Peisley Street, Orange in the amount of $24,222.65.

2        The premise at 2C Peisley Street, Orange be exempt from Council rates during the period the existing licence arrangements between Lachlan Valley Rail Co-operative and John Holland Rail on behalf of Transport NSW remain current.

 

 

QUESTION TAKEN ON NOTICE

Cr Kidd requested staff circulate some information as to what was happening with the Lachlan Valley Railway.

 

The Meeting Closed at 8.07PM

 

This is Page Number 16 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 20 November 2018.



ORANGE CITY COUNCIL

 

MINUTES OF THE

Extraordinary Council Meeting

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

ON 27 November 2018

COMMENCING AT 7.08pm


 1      Introduction

Attendance

Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner

Acting General Manager, Director Corporate and Commercial Services, Director Development Services,  Manager Corporate Governance, Manager Corporate and Community Relations, Administration Trainee

 

1.1     APOLOGIES

 

RESOLVED - 18/534                                                                              Cr K Duffy/Cr S Nugent

That the apologies be accepted from Cr J McRae, Cr T Mileto, Cr S Munro and Cr J Whitton for the Council Meeting of Orange City Council on 27 November 2018.

1.2     LIVESTREAMING AND RECORDING

The Mayor advised that the meeting was being livestreamed and recorded.

 

1.4     ACKNOWLEDGEMENT OF COUNTRY

 

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

Nil

 


 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.12PM

OPEN FORUM

Item 2.1 Development Application DA 318/2018(1) - Proposed Department of Industry Building - 84 Dalton Street, Orange

Mr Cyril Smith

Mr Smith expressed concerns regarding the development in relation to water retention.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.12PM

 2      General Reports

2.1     Development Application DA 318/2018(1) - proposed Department of Industry Building - 84 Dalton Street, Orange

TRIM Reference:        2018/2915

RESOLVED - 18/535                                                                        Cr J Hamling/Cr S Romano

That Council resolves:

1        That the information contained in the report by Keylan Consulting for development application DA 318/2018(1) - proposed Department of Industry Building - 84 Dalton Street, Orange be acknowledged.

And to deal with item 2 separately.

 

RESOLVED - 18/536                                                                             Cr R Turner/Cr G Taylor

2        That Council makes a submission upon this application to the Western Joint Regional Planning Panel to incorporate the following amended conditions of consent:

(20)     Payment of contributions for water, sewer and drainage works is required to be made at the contribution rate applicable at the time that the payment is made. The payment of contributions is required to be paid prior to the issue of a Construction Certificate for the building structure. The contributions are based on 34 ETs for water supply headworks and 51 ETs for sewerage headworks. A Certificate of Compliance, from Orange City Council in accordance with the Water Management Act 2000, will be issued upon payment of the contributions. This Certificate of Compliance is to be submitted to the Principal Certifying Authority prior to the issuing of a Construction Certificate.

(22)     The applicant shall prepare a plan(s) detailing the location and design of a 600mm wide concrete median to be constructed in Anson Street. The new concrete median shall restrict traffic movements to and from the Anson Street access driveway to left-in and left-out only. The infrastructure shall be located and designed to tie in with the existing concrete mediums located at the nearby traffic lights and roundabout to the satisfaction of Orange City Council.

(42)     The existing variable width concrete footpath in Dalton Street shall be removed for the full length of the Dalton Street frontage.  A Council standard 1.2m wide concrete footpath shall be constructed for the full frontage of the site in Dalton Street.  Any damaged grassed kerbside shall be turfed with an appropriate cool climate grass.

(43)     The existing concrete and bitumen footpaths in Anson Street and Prince Street shall be removed for the full length of the Anson Street and Prince Street frontages to the traffic light blisters. A full width concrete footpath shall be constructed for the Prince Street Frontage and Anson Street to the driveway entrance. North of the Anson Street driveway entrance a Council standard 1.2m wide concrete footpath shall be constructed for the remainder of the frontage.

(46)     The applicant shall upgrade the existing Prince Street lighting to the counter leaving style as per the design vision illustration.

(47)     The road Pavement in Anson Street shall be rehabilitated using heavy patching methods shown in Austroads guide to Pavement Technology: Part 5 Pavement Evaluation and Treatment design and to Orange City Council’s satisfaction then sealed with 50mm thick AC14 asphalt from kerb to kerb on top of a 10mm PMB SAMI seal.

(52)     Where existing street trees are to be removed the applicant will replace these, on the basis of two new plantings for one removed, to Orange City Council’s specification and to the satisfaction of Council’s Manager, City Presentations.

 

Division of Voting

Voted For

Cr R Kidd (Mayor), Cr S Romano (Deputy Mayor), Cr J Hamling, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner

Voted Against

Cr K Duffy

Absent

Cr J McRae, Cr T Mileto, Cr S Munro, Cr J Whitton

 

3       Closed Meeting

Nil

 

QUESTION TAKEN ON NOTICE

Cr Romano requested information on the recent break in at Orange Airport be distributed to Councillors, including information on security at the site during that time.

 

The Meeting Closed at 7.30PM

 

This is Page Number 3 and the Final Page of the Minutes of the Extraordinary Meeting of Orange City Council held on 27 November 2018.

     


Council Meeting                                                                                        4 December 2018

 

 

4       Notices of Motion/Notices of Rescission

4.1     Notice of Motion - Chair Lift Mount Canobolas

RECORD NUMBER:       2018/2867

 

 

We, CR Sam Romano and CR MARIO PREVITERA wish to move the following Notice of Motion at the Council Meeting of 4 December 2018:

 

Motion

That Council investigate the possibility of constructing a chair lift, similar to that on the Snowy Mountains, on Mount Canobolas with the view to having a restaurant on top of the Mountain in the future.

 

 

Background

I have been approached by an interested investor to establish a chair lift on Mount Canobolas. The tourism this could bring to the town is potentially very high. It is requested that Council staff report the following:

·    What would be involved in gaining permission to embark on this project

·    Are there any grants coming up that may be available to go towards this project

·    What is the feasibility

·    Would Cabonne Council be involved

·    How do we go about attracting investors

 

 

Signed Cr Sam Romano                             Signed Cr Mario Previtera

 

staff comment

The option of a chair lift has been discussed amongst stakeholders when the Mountain Bike (MTB) project was incepted as a potential option should the MTB project proceed and usage rise to significant levels subject to chair lift feasibility assessment.

Should Council resolve the above motion, a preliminary assessment could be undertaken with funding to be identified at the Quarterly Review or in the next budget.

 

 

   


Council Meeting                                                                                        4 December 2018

 

 

5       General Reports

5.1     NSW Regional Technology Expo 2019

RECORD NUMBER:       2018/2171

AUTHOR:                       Sharon D'Elboux, Manager Business Development    

 

 

EXECUTIVE Summary

Conducted by Orange Daybreak Rotary Group, the NSW Regional Technology Expo was held from 22 to 24 June 2018.  It was the first year of hosting the Expo and Rotary reports that 810 people attended, as well as 1,200 students. Since the Expo was held, representatives from the Orange Daybreak Rotary Club have meet with Council staff to discuss expanding the concept to a Regional Technology Week in 2019 and to explore Council taking responsibility for delivering and funding the event.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “12.4 Prosper - Partner with key stakeholders to enhance opportunities for local business to grow and prosper”.

Financial Implications

Council approved funding for NSW Regional Technology Expo 2019 under the Events Sponsorship Grant Program, pending the outcome of this report.

Policy and Governance Implications

Nil

 

Recommendation

That Council resolves to:

1        Support the 2019 NSW Regional Technology Expo with events from Tuesday 14 May through to Thursday 16 May;

2        Waive the fees for the hire of the Orange Function Centre under the Donations Policy;

3        Host the Opening Night event and the Night Forum; and

4        Require that all costs are to be met from within Council’s operating and staffing budget. 

 

 

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

Orange Daybreak Rotary Club are active members of the Orange community and are a voluntary group. They are involved in many community and economic development projects, including the establishment of the NSW Regional Technology Expo.

The Expo was held with 550 people attending on Saturday and 260 on Sunday.  Approximately 1200 students were involved on the Friday in addition to teachers and parents. Rotary have not advised the proportion that attended from outside the Orange LGA.

 

30 exhibitors where involved and included:

 

PHOCAS

Appticon

Farmplan

Inland Digital

AON

Appiwork

Ad Loyalty

Hybrid Power Systems

NBNCO

Spatial Services

See Solar

Upstairs Start Up Hub Bathurst

GB Auto

Harvey Norman

The Clever Owl

Western Ranges Motorcycles

LG Aria tech

Western Student Connections

Need a Nerd

Services NSW

Telstra

Central NSW Business HQ

John Davis Motors

Local Land Services

Jobs for NSW

MYOB

MBCO

Colton Computing

TAFE

WAGO

Rotary Club of Orange Daybreak

 

 

The Expo focused on improving the understanding and delivery of technology advancements across the areas of the home, business, education, agriculture and automotive.

Destination NSW was asked to conduct a survey of participants in the Expo, which was undertaken using an online survey, however Council staff have been unable to obtain a copy of these results from Destination NSW. 

In addition to the Expo, a Smart Region Technology Forum was held on 22 June 2018 with participants from Cowra, Parkes, West Wyalong, Bathurst, Blayney, Oberon, Molong, Orange and Sydney.

Council involvement with the 2018 event was:

·    Provision of $10,000 in funding as a platinum sponsor

·    Event launch held the Orange City Council Chambers and organised by Council staff

·    Mayoral Civic Reception on 22 June

·    Providing access to the Orange Function Centre as part of the platinum sponsorship

·    Staff assistance and event management provided.

It is the aim of the Orange Daybreak Rotary Club to put technology higher on the agenda in the Orange region. They would like to see Orange become a “technology hub”.

Rotary advise that 90% of exhibitors indicated they would return for the 2019 Expo.  The dates of 14 to 16 May 2019 have been set by Rotary.

The Expo resulted in the:

·    Formation of the NSW Regional Tech and Entrepreneurs Group.

·    Formation of a Working Group on Smart Technology led by CENTROC and with participants from local government, regional development and business organisations.  The Director of Corporate and Commercial Services is representing the Council on this Group.

·    Presentation and community consultation facilitated by Director Corporate and Commercial Services on community expectations for smart technology in the City and LGA.

·    Raising the profile and importance of technology to the wider community.

·    Networking of technology related businesses and exploration of collaborative business opportunities and localising supply chains.

Representatives from the Orange Daybreak Rotary Club have meet with Council staff to discuss future events and Councils level of involvement.  Orange Rotary Daybreak Club have worked constructively, collaboratively and intelligently with the Council in exploring opportunities.

Building on the outcomes of the 2018 Expo, Orange Daybreak Rotary Club have proposed the following:

·    The 2019 NSW Regional Technology Expo operate as a full week event overseen by a Steering Committee made up of stakeholders;

·    The week include Smart Region Central with participants from local government, Regional Development Australia, NSW Business Chamber and other organisations

·    Support is provided for “The Regional NSW Technology and Entrepreneurs” Group

·    An investigation and feasibility study is undertake of the development of an Orange Technology Hub.

·    Council expand its involvement in the Smart Cities program.

STAFF COMMENT

Strategic Alignment to CSP

The aim of Orange Daybreak Rotary Club in running the Expo was to place technology higher on the agenda in the Orange region and to make Orange a “technology hub”.   As a first time event, Orange Daybreak Rotary Club should be congratulated for its vision, commitment and innovation in delivering this initiative. 

During meetings to discuss the future direction, it was suggested by the Council that the objectives need to more closely align with the Community Strategic Plan (CSP).  It was recommended that the Regional Tech Expo review their objectives to ensure greater alignment with the communities’ priorities as set out in the CSP.  This would include defining performance measures that would allow the initiative to be properly assessed, and components evaluated against clear goals.  For example:

1    Visitation Impact: Contribution to non-local visitation and spend (tourism data and survey from event);

2    Economic & Investment Impact: Growth of business activity in ICT market (e.g. number of new business entries in technology sector within 12 months of event; growth in employment in ICT occupational classification following event; qualitative survey of influence of Expo on business investment and employment decisions in ICT; NBN penetration rate for Orange businesses)

3    Educational and Workforce Impact: (e.g. enrolments in STEM subjects at School, TAFE, University; growth in employment in ICT occupational classification following event);

4    Reputation Impact: Impact on reputation of Orange as a ‘technology hub’ (formation of new business networks; tightening of supply chains within 12 months of event; survey)

5    Technology Uptake: evidence of increased application of new technology in businesses and by the community (e.g. NBN penetration rate for Orange businesses and community).

 

Council is able to assist Rotary to develop measurement tools to evaluate outcomes.

 

 

 

Evaluation of Outcomes and Effectiveness

This was the first time the Regional Expo was held, so there were no definitive measures for success beyond attendance.  Over the 3 day period the Expo appeared to be well-attended with around 800 people attending over the weekend, and up to 1200 students participating in the school-based activities. 

Reviewing the 2018 event, the stakeholder workshop held on Friday at the Ex-Services Club was very well attended because it was targeted to decision-makers in industry and government with specific invitations, and had a well-structured agenda and meeting purpose.  This appears to have been a well-coordinated and effective function and resulted in the formation of a new network to explore technologies for future cities.

The weekend event appears to have attracted members of the public, and some businesses, primarily interested in the technology displays set up by commercial vendors including displays of 3D printers, Virtual Reality machines, drones, data visualisation tools and cars. However, the total numbers were lower than anticipated and the proportion of non-local visitors is not known.  It is not expected that the event resulted in significant overnight stays.

The public lecture-style presentation sessions that were held in conjunction with the displays however were generally poorly attended with as few as a handful of people.  Those that generated interest tended to be focussed on consumer issues but even these events less well attended than anticipated.  There is an opportunity to reconceived the presentation component or abandon it altogether. 

As a sales marketing event the Expo appears to have allowed commercial traders a good opportunity to expose their products in the Orange and surrounding market.  The surveys conducted however did not identify how many sales were generated as a result of the event and this may impact on the number of traders that may return for future events.  Better data collection in future should assist to promote to vendors and the Council the outcomes of the event.

For students from 12 schools across the Orange region, the Expo was an opportunity to reinforce the importance of STEM subjects within the curriculum and encourage young people to engage with robotics and other technology. This component of the Expo had the highest attendance and participants appeared to enjoy the event.  A survey of participants and attendees will enable the outcomes of this component to be assessed in future.

For the community and business, the Expo was an opportunity to promote a range of purchasable technology in one place.  There would appear to be an opportunity to engage vendors more to grow the Expo as a regional attraction for technology purchases as a driver of future attendance.

In summary, some aspects of the event appear to be successful, while other aspects did not perform to expectation.  This is typical of a ‘first time’ event where the organisers need to try various things in order to understand the market better. It is clear, however, that some aspects of the Expo require further refinement and development if it is to meet the grant funding criteria for events. 

The overall view is that the Expo was a good ‘first event’ and has shown some potential to enhance the reputation of Orange as a technological and professional services centre for the region and to increase business, consumer and student engagement with technology.  It is proposed that this potential should be tested further by supporting a more refined initiative in 2019.


 

Alternative Approach Suggested

In terms of the suggested approach of Rotary to the advancement of this initiative in Orange the following observations are made:

1        the delivery of the Expo in Orange has potential value in the longer term to positioning Orange as a regional leader in the technology and professional services using the first year experience to refine the event;

2        the components of the Expo that were successful were those that were better targeted to specific audiences with components that were of interest (school children, technology consumers, decision-makers).

In our view, if the Regional Expo focusses on these aspects it has the potential to be a valuable contributor to the community.  It is therefore suggested that the Council support a revised model for the 2019 Regional Tech Expo to evaluate whether a refined model would improve outcomes aligned to the CSP.

It is proposed that the 2nd Annual Regional Tech Expo 2019 is an umbrella for a series of independently organised but coordinated technology events spread across a week. 

It is proposed that three separate events are connected to the overall theme of ‘Regional Technology Expo’.

Council will have overall responsibility for coordinating the week, with different parties taking responsibility for individual components:

TUESDAY NIGHT (Council) - Opening Night event hosted by Council with high profile speaker that will attract visitors to stay overnight in preparation for the week;

WEDNESDAY NIGHT (Council) – Council will aim to collaborate with the Smart Cities Association, Australian Internet Association or similar body to host an annual workshop on smart technology and regional development.

WEDNESDAY TO THURSDAY (Rotary) - Rotary engage with Orange schools, TAFE, Universities and STEM employers (possibly expanded to other schools in the region) to host a two-day STEM expo and competition in Orange to encourage increased interest in and participation in STEM subjects leading to improved workforce outcomes in the region. 

WEDNESDAY – THURSDAY (Chamber of Commerce/Local Businesses TBA) - The Chamber of Commerce or local traders will be asked to organise and host a Consumer and Business Technology Expo, possibly including a ‘Massive ICT Sale’ or similar initiative to expose regional businesses and consumers to new technology opportunities and attract out of area visitors to the sale.

Rotary will commit $2000 for the School Program for 2019.  The Council will meet the other costs including fee waiver ($4500) for Consumer and Business Expo at Function Centre; and the hosting of the Opening Night and Forum (funded from 2019 Events Budget).   The Council will seek sponsorship or contributions to offset the total cost of the event. 

The revised format will be reviewed by Council following the event and, if successful, an evaluation report and event management plan will be submitted to Council setting out how the program will be delivered in 2020 and beyond.  If the event is not successful, the Council will consider whether further modifications that would improve outcomes or recommend that the program should be discontinued.  


Council Meeting                                                                                        4 December 2018

 

 

5.2     Acquisition of Crown Land - Part Lot 7307 DP1163739 for Road Construction

RECORD NUMBER:       2018/2601

AUTHOR:                       Jackie Foxall, Legal and Property Officer    

 

 

EXECUTIVE Summary

As reported to Council on 7 August 2018, Council has been awarded funding to construct a roundabout at the intersection of Woodard Street and Wentworth Lane under the NSW Safer Roads program.

Council resolved at its meeting of 7 August 2018 to proceed with the subdivision and road dedication of the land at the intersection of Woodward Street and Wentworth Lane as more particularly described below:

 

Lot

Deposited Plan

Area (m2)

Owner

3

6662

65

Council

2

6662

125

Council

1

6662

360

Council

7307 (part)

1163739

135

Crown

 

This report seeks a specific resolution to compulsorily acquire part Crown Lot 7307 DP1163739 addressing the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “9.1 Preserve - Construct and maintain a road network meets the community’s transport and infrastructure needs”.

Financial Implications

The cost of survey, legal expenses and any land compensation will be absorbed within the Woodward Street/Wentworth Lane roundabout construction budget.

Policy and Governance Implications

Nil

 

 

 

 

 

 

 

 

Recommendation

That Council resolves:

1        To acquire by compulsory acquisition under sections 177 and 178 of the Roads Act 1993 Lot 90 DP1247702 in Plan of Acquisition (the Land) (being part of Lot 7307 DP1163739) for the purpose of constructing a roundabout at the intersection of Woodward Street and Wentworth Lane, Orange.

2        To make an application to the Minister for Local Government for the issue of a Proposed Acquisition Notice under the Land Acquisition (Just Terms Compensation) Act 1991 with respect of the Land.

3        To make an application to the Governor for the publication of an Acquisition Notice in the NSW Government Gazette under the Land Acquisition (Just Terms Compensation) Act 1991 with respect to the Land.

4        To affix the Common Seal of Council to any documents required to be sealed as part of the compulsory acquisition process for the land in question.

6        To delegate authority to the General Manager to execute on behalf of Council any document associated with the compulsory acquisition process for the land that does not require the Common Seal of Council.

7        To dedicate the land as a public road under Section 10 of the Roads Act 1993 once the acquisition has been completed.

8        In its capacity as Reserve Trust Manager of the Moulder Park Reserve Trust R60513, to consent to the acquisition of Lot 90 in Plan of Acquisition DP1247702 by Council for the purpose of the construction of a roundabout at the intersection of Woodward Street and Wentworth Lane, Orange.

 

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

At its meeting of 7 August 2018 Council considered a report by the Manager Engineering Services to proceed with subdivision and road dedication of land at the intersection of Woodward Street and Wentworth Lane and the acquisition of a small portion of Crown land for the purposes of constructing a roundabout and resolved as follows:

 

RESOLVED - 18/001                                                                           Cr J Hamling/Cr T Mileto

1        That Council proceeds with the subdivision and road dedication of the land at the intersection of Woodward Street and Wentworth Lane described as Schedule A of this report.

2        That upon acquisition, Council classify all land described in Schedule A of this report as Operational Land in accordance with the Local Government Act.

 

 

A copy of the report to Council meeting of 7 August 2018 is attached for ease of reference.

Council’s surveyor prepared a Survey Plan of Acquisition for Road Purpose identifying the Crown land area required for compulsory acquisition, being Lot 90 in Plan of Acquisition DP 1247702.  The Plan of Acquisition was registered on 8 November 2018.  A copy of the registered Plan of Acquisition is attached for ease of reference.

This report seeks a specific resolution to compulsorily acquire Lot 90 in Plan of Acquisition DP 1247702 in order to make application to the Minister for Local Government for the issue of a Proposed Acquisition Notice and to make application to the Governor for the publication of an Acquisition Notice under the Land Acquisition (Just Terms Compensation) Act 1991. 

 

Attachments

1          CCL 7 August 2018 Woodward Street/Wentworth Lane Land Acquisition, 2018/1804

2          Plan of Acquisition - Lot 90 DP1247702, IC18/22111

  


                                                                                                                        4 December 2018

5.2                       Acquisition of Crown Land - Part Lot 7307 DP1163739 for Road Construction

Attachment 1      CCL 7 August 2018 Woodward Street/Wentworth Lane Land Acquisition

5.6     Woodward Street/Wentworth Lane Land Acquisition

RECORD NUMBER:       2018/1804

AUTHOR:                       Jason Theakstone, Manager Engineering Services    

 

 


EXECUTIVE Summary

This report seeks Council’s resolution to proceed with the acquisition of a small portion of Crown land to dedicate as public road.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “9.1 Preserve - Construct and maintain a road network meets the community’s transport and infrastructure needs”.

Financial Implications

The cost of survey, legal expenses and any land compensation can be absorbed within the Woodward Street/Wentworth Lane roundabout construction budget.

Policy and Governance Implications

Nil

 


Recommendation

1        That Council proceeds with the subdivision and road dedication of the land at the intersection of Woodward Street and Wentworth Lane described as Schedule A of this report.

2        That upon acquisition, Council classify all land described in Schedule A of this report as Operational Land in accordance with the Local Government Act.

 


further considerations

Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.

SUPPORTING INFORMATION

Council has been awarded funding to construct a roundabout at the intersection of Woodward Street and Wentworth Lane under the NSW Safer Roads programme.

In order to construct the roundabout, Council will need to acquire and dedicate a section of Crown land as public road.

The proposed acquisition and dedication is 685m2 in total, with 550m2 being Council owned land. The land areas, owners and descriptors are shown in the table below.


 

Schedule A

 

Lot

Deposited Plan

Area (m2)

Owner

3

6662

65

Council

2

6662

125

Council

1

6662

360

Council

7307

1163739

135

Crown

 

The house residing on Lots 1 – 3 of DP 6662 is listed as a heritage item pursuant to Schedule 3 of the Orange LEP but Council should note the acquisition does not encroach on the house. Council’s heritage department has been consulted regarding the acquisition and proposed roundabout.

Lots 1-3 of DP 6662 can be subdivided using the exempt development provisions within Subdivision 38(a) of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and can be dedicated as public road using Section 10 of the Roads Act 1993.

Lot 7307 DP1163739 is Crown Land dedicated for the purpose of public recreation and is managed by the Moulder Park Reserve Trust (Council). Acquisition of part Lot 7307 DP1163739 for the purposes of the construction of the roundabout will be dealt with, and in compliance with, the provisions of the Crown Land Management Act 2016, Native Title Act 1993 and Land Acquisition (Just Terms Compensation) Act 1991.

Council should note that the 4th arm of the proposed roundabout, accessing Lot 1 of DP 6662 within the proposed road reserve, will be constructed but the residual of the design on the allotment inclusive of the car park area is purely arbitrary and subject to a further Council report.


 

Schedule B

 

 



Council Meeting                                                                                                           4 December 2018

5.2                       Acquisition of Crown Land - Part Lot 7307 DP1163739 for Road Construction

Attachment 2      Plan of Acquisition - Lot 90 DP1247702

PDF Creator


 

PDF Creator


Council Meeting                                                                                        4 December 2018

 

 

5.3     Lease Part Wilima Walk, Ploughmans Lane

RECORD NUMBER:       2018/2906

AUTHOR:                       Shirley Hyde, Legal and Property Officer    

 

 

EXECUTIVE Summary

Trinity Preschool has been located at its current premises for over 45 years leasing part of Wilima Walk as additional play area for the children. The current lease expires on 31 December 2018 and requires renewal.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “1.2 Live - Maintain and renew recreational spaces and infrastructure to encourage an active and healthy lifestyle”.

Financial Implications

Council will receive rental of $100 per annum.

Policy and Governance Implications

Nil

 

Recommendation

That Council resolves to:

1        Enter into a lease of Lot 400 DP 600872 known as part Wilima Walk to Trinity Pre-School for a term of 5 years with 1 five year option.

2        Grant permission for the use of the Council Seal of any necessary documents.

 

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

Trinity Preschool is a community based preschool licensed for 80 children per day, currently having approximately 200 children enrolled.

The school has a long history of caring and educating young children in Orange, first commencing in 1924 as a Girl’s Grammar School, started by the Anglican Church. The school continued as a grammar school until the early 1970s, at which time, a decision was made to focus on preschool education and accordingly, Trinity Preschool was opened at its present location in Kooronga Avenue. Since 1987, Council has leased part of Wilima Walk, Ploughmans Lane, to the school for use as a large playground. The current lease expires on 31 December 2018 and it is necessary to renew the lease. As a community basis preschool, the rental charged has remained minimal with the school maintaining the grounds. 

Wilima Walk is classified Community Land and as such, under the provisions of Section 47 of the Local Government Act 1993, Council must give public notice of the proposal.

If resolved to proceed with the lease, Council will advertise the proposal in the Orange City Life magazine on 6 December 2018 and on its website. The twenty-eight day exhibition period will expire on 3 January 2019.  If no submissions are received Council will proceed to enter into a lease. If submissions are received, a further report will be prepared for consideration by Council. 

A map of the area to be leased is shown below.

 

 

  


Council Meeting                                                                                        4 December 2018

 

 

5.4     Foodie Night Markets application to operate on Council owned/managed land

RECORD NUMBER:       2018/2981

AUTHOR:                       Rachel Robinson, Events Officer    

 

 

EXECUTIVE Summary

Council has received an Event Application from the Foodie Night Markets to operate at the Orange Showground during 2019. Information regarding the proposed Night Markets is provided for consideration for determination if the event is permitted to proceed.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “11.2 Prosper - Develop and attract a variety of events, festivals, venues and activities for locals and visitors, ensuring accessibility for all”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

That Council resolves to:

1        Consider the information provided and approve the event to proceed due to the correlation to Objective 11.2 (outlined above) in the 2018 Community Strategic Plan.

2        Allow any future Event Application of this nature to proceed on the provision that the Operational Policy OP008 – Events on Council Owned/Managed Land is complied with at all times.

 

further considerations

Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.

SUPPORTING INFORMATION

Council has received an Event Application for the Foodie Night Markets to operate at the Orange Showground in February 2019. Although not stated on the Event Application Form, as per social media announcements, the Foodie Night Markets intend on operating on a monthly basis from the same location.


 

The Foodie Night Markets have intentions to include a foodie festival, family fun and rides, with an expected attendance of 5,000 people. This is a free event, with food, drinks and alcohol to be sold. The event organiser has previously approached Council for a list of approved local stallholders with the intention of inviting them to operate at the event. The event organiser is also in negotiations with Council’s Events Officer to ensure all requirements of the Operational Policy OP008 – Events on Council Owned/Managed Land are met.

The proposed event is in correlation with Objective 11.2 of the 2018 Community Strategic Plan to ‘develop and attract a variety of events, festivals, venues and activities for locals and visitors, ensuring accessibility for all’.  Free entry, and the provision of rides and family focussed activities, may be viewed as complementing other food and wine events that target different audiences.

The Foodie Night Markets are operating as a commercial enterprise and will therefore not continue to operate in Orange should it not be supported by the Orange community through attendance at the event.

If the recommendation of this report is supported, future applications of this nature will be dealt with as an operational matter and approved or refused by staff after being assessed against the Operational Policy dealing with Events on Council Owned/Managed Land.

A market of a similar nature was held in May 2018, in which no detrimental effect was reported to be caused to the local Orange stallholders or producers. The Aussie Night Markets appear to have been well attended and assisted to diversify the range of event offerings available to a broad cross-section of the Orange community. 

In the lead up to Aussie Night Markets, Council received three submissions opposing the event.

 

 

 

     


Council Meeting                                                                                        4 December 2018

 

 

6     Closed Meeting - See Closed Agenda

The General Manager will advise the Council if any written submissions have been received relating to any item advertised for consideration by a closed meeting of Orange City Council.

The Mayor will extend an invitation to any member of the public present at the meeting to make a representation to Council as to whether the meeting should be closed for a particular item. In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.

Recommendation

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

6.1     Expression of Interest - New Animal Shelter

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     Sale Industrial Land - Lot 804 DP 1240445

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 (d)i commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

6.3     Tender OC FutureCity Planning and Development Framework

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 and (d)i commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

6.4     Tender for Construction of Southern Feeder Road Stage 2 and Railway Overbridge - F2811

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.

 

 


Council Meeting                                                                                        4 December 2018

 

 

6.1     Expression of Interest - New Animal Shelter

RECORD NUMBER:       2018/2980

AUTHOR:                       Mark Hodges, Manager Building and Environment    

Reason for Confidentiality

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

 

 


Council Meeting                                                                                        4 December 2018

 

 

6.2     Sale Industrial Land - Lot 804 DP 1240445

RECORD NUMBER:       2018/2814

AUTHOR:                       Nick Redmond, Manager Corporate and Community Relations    

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (d)i commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

 

 


Council Meeting                                                                                        4 December 2018

 

 

6.3     Tender OC FutureCity Planning and Development Framework

RECORD NUMBER:       2018/2907

AUTHOR:                       Natalie Forsyth-Stock, Senior Project Consultant - Strategic Projects    

Reason for Confidentiality

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

 

 


Council Meeting                                                                                        4 December 2018

 

 

6.4     Tender for Construction of Southern Feeder Road Stage 2 and Railway Overbridge - F2811

RECORD NUMBER:       2018/2959

AUTHOR:                       John Boyd, Operations Manager    

Reason for Confidentiality

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

 

  


Council Meeting                                                                                        4 December 2018

 

 

7       Resolutions from closed meeting