Agenda of Ordinary Meeting of Council

Reports submitted to the Ordinary Meeting of Council to be held on Monday 30 May 2016.

Ordinary Meeting of Council AGENDA AND BUSINESS PAPER

Monday 30 May 2016

ORDER OF BUSINESS:

CLAUSE PRECIS PAGE

PRAYER 3

ACKNOWLEDGEMENT OF COUNTRY 3

APOLOGIES 3

CONFIRMATIONS OF MINUTES 3

CM-1 SUPPLEMENTARY COUNCIL MEETING - 9 MAY 2016

DECLARATIONS OF INTEREST 3

Reports from Policy and Strategy Committee

PS-1 POLICY AND STRATEGY COMMITTEE MEETING - 9 MAY 2016 4

Reports from Staff

RP-1 PETITION - WAGGA WAGGA CITY COUNCIL ANIMAL SHELTER 18

RP-2 DELEGATION OF AUTHORITY FOR THE GENERAL MANAGER 27

RP-3 OUTSTANDING DEBTORS - AMOUNTS UNRECOVERABLE 31

RP-4 FINANCIAL PERFORMANCE REPORT APRIL 2016 36

RP-5 2015/16 LOAN FACILITY 49

RP-6 2016 NSW PUBLIC LIBRARIES ASSOCIATION CONFERENCE 53

RP-7 EQUESTRIAN FACILITIES OPERATION DEED 55

RP-8 TRAFFIC CONTROLS AT ROUNDABOUTS 58

RP-9 PLANNING TASK FORCE 65

RP-10 PLANNING PROPOSALS FOR LAND AT INGLEWOOD ROAD GUMLY GUMLY AND 77 OLD NARRANDERA ROAD AND 17 RIVER ROAD, GOBBAGOMBALIN 71

Committee Minutes

M-1 FLOODPLAIN RISK MANAGEMENT ADVISORY COMMITTEE MINUTES 82

Confidential Reports

CONF-1 PROPOSED GRAZING LICENCE AGREEMENT - TASMAN AND EDISON ROADS, EAST WAGGA 87

CONF-2 PROPOSED AIRPORT SUB-LEASE TO C & J CABOT SUPER FUND PTY LTD 88

CONF-3 PROPOSED ACQUISITION OF PART LOT 42 DP 1000852 AT ESTELLA FOR ROAD PURPOSES 89

CONF-4 WAGGA AIRPORT SUB-LEASE TO MOBIL OIL AUSTRALIA PTY LIMITED 90

CONF-5 PROPOSED VARIATION OF AIRPORT SUB-LEASE 91

CONF-6 RIVERINA INTERMODAL FREIGHT AND LOGISTICS (RiFL) HUB 92

CONF-7 RE-DETERMINATION OF COUNCIL’S ORGANISATION STRUCTURE 93

QUESTIONS/BUSINESS WITH NOTICE 94

PRAYER

ACKNOWLEDGEMENT OF COUNTRY

APOLOGIES

Confirmation of Minutes

CM-1 SUPPLEMENTARY COUNCIL MEETING - 9 MAY 2016

Recommendation

That the Minutes of the proceedings of the Supplementary Council Meeting held on 9 May 2016 be confirmed as a true and accurate record.

Attachments

1 ⇩.

Minutes - Supplementary Council Meeting - 9 May 2016

DECLARATIONS OF INTEREST

Report submitted to the Ordinary Meeting of Council on Monday 30 May 2016. RP-1

Reports from Staff

RP-1 PETITION - WAGGA WAGGA CITY COUNCIL ANIMAL SHELTER

Author: Gardiner, Mark

Director: Summerhayes, Janice

Recommendation

That Council:

a received and note the online petition

b receive a further report for the July Policy and Strategy Committee meeting addressing the issues within the petition

Report

Council is in receipt of an online petition from Simone Lieschke received by Council on 10 May 2016. This petition has been submitted in accordance with POL086 Petitions Management Policy.

The petition states “As rate/tax payers, the Wagga community deserves to have a council facility that has the highest of standards. Therefore, we would like the following to occur:

1. Staff to have appropriate and relevant qualifications and a genuine passion for animals.

2. All animals at the facility to be provided with basic requirements, such as water, food, veterinary treatment and dry bedding.

3. The new dog kennels to be reviewed and for conditions to be improved, such as raised bedding provided.

4. An independent audit to review Wagga Pound, its policies and procedures being made available to the public, and Council to implement policies and procedures that reflect current legislation, and ensure staff comply with them.

5. Improved transparency and accuracy, especially in records and statistics.

6. Improved communication with rescue groups and the public, and keeping the Council pound website up to date at all times, to reduce the euthanasia rate.

7. Stimulus (such as toys) to be provided for animals to combat the damaging effects of boredom.

8. Improved hygiene to prevent spread of disease and improve welfare.

9. Implement reputable temperament testing methods, and feral/dangerous animals to be treated humanely.

10. Resources to be available for extreme cases of neglect or vulnerable animals, for example puppy/kitten food, flea and worm treatments.

The animals that come to Wagga Pound have already been through so much, they deserve to be treated humanely.”

This particular online petition has received 44,582 signatories.

Council staff acknowledge the concerns regarding past incidents at the shelter and has engaged an independent review which will ensure animal welfare is in line with best practice going forward. Council has the following actions underway:

· External review conducted by an independent veterinarian

· Review of Customer Service

· A review of legislative compliance

· Interim management of the Animal Shelter operations moved under the Environment and Community Services Directorate

Attached is the open letter from the General Manager outlining the initial response to community concerns of the Glenfield Road Animal Shelter (GRAS).

In the table below are practices and steps underway that relate to the Animal Shelter.

	Changes Petition is asking for	Comment
1	Staff to have appropriate and relevant qualifications and a genuine passion for animals.	Staff are appointed on merit and includes consideration of relevant experience and qualifications.
2	All animals at the facility to be provided with basic requirements, such as water, food, veterinary treatment and dry bedding.	Food and water is provided to meet the daily requirements of animals housed at the shelter. Cages are cleaned daily and dry bedding provided. Council has a contracted veterinarian that provides advice to staff and treatment of animals as required. The in floor heating in the dog pens is operational and raised beds have been provided in all cages.
3	The new dog kennels to be reviewed and for conditions to be improved, such as raised bedding provided.	An external review of the new dog kennels is being undertaken. Raised bedding has been provided in each pen.
4	An independent audit to review Wagga Pound, its policies and procedures being made available to the public, and Council to implement policies and procedures that reflect current legislation, and ensure staff comply with them.	A highly qualified veterinary specialist Jacob Michelsen is currently conducting an external review of the Glenfield Road Animal Shelter (GRAS). Canberra-based Dr Michelsen recently visited the shelter as part of his review and is now in the process of assessing Council’s procedures and policies.
5	Improved transparency and accuracy, especially in records and statistics.	Council maintains an electronic register for all animals housed at the facility and report statistics annually to the Office of Local Government in accordance with the Companion Animals Act. During the past three (3) financial years, there were some discrepancies between the number of animals that entered and how they left the shelter. The discrepancies have occurred due to some data being duplicated. Rangers previously used a handwritten ledger and transitioned to the electronic system in 2012/13. In the new system it is not possible to monitor duplicated entries and following the discovery of this issue, the figures are now manually reviewed and have been adjusted. Unfortunately the figures were not updated on Council’s website in a timely manner, which has added to the confusion around the data. Staff have again reviewed the records and statistics which have been updated and are publically available.
6	Improved communication with rescue groups and the public, and keeping the Council pound website up to date at all times, to reduce the euthanasia rate.	Council currently has 15 rescue groups that it liaises with regularly for the rehousing of abandoned animals. The volunteer and community programs are being reviewed and are valued for their relationship with the Animal Shelter. The website is being regularly updated to provide current information to the public.
7	Stimulus (such as toys) to be provided for animals to combat the damaging effects of boredom.	Staff are working to enhance the volunteers program that assists in providing interaction and stimulus to animals in the shelter. The external review of the shelter will provide recommendations on the current operations to ensure animal welfare.
8	Improved hygiene to prevent spread of disease and improve welfare.	The animals housed in the facility are monitored regularly and appropriate hygiene implemented to ensure any disease outbreaks are contained and treated. The external review will provide recommendations on current procedures and any improvements required to ensure animal welfare.
9	Implement reputable temperament testing methods, and feral/dangerous animals to be treated humanely.	Staff currently undertake a basic visual assessment of the animals temperament to provide an indication of the potential for rehoming. Further investigation is required prior to implementing a more detailed animal assessment program. The current practice at the shelter is to treat all animals humanely including impounded feral and dangerous animals. Any euthanasia of animals is carried out by Councils contracted veterinarian.
10	Resources to be available for extreme cases of neglect or vulnerable animals, for example puppy/kitten food, flea and worm treatments.	The treatment of neglected or vulnerable animals is conducted in consultation with Councils contracted veterinarian. Animals are provided with the necessary veterinary treatment as required.

The findings of the above reviews will be presented to the General Manager for consideration and a summary report will be released to the community by 30 June 2016.

Budget

In the last month the GRAS was placed under the interim management of the Environment and Community Services Directorate. In that time as part of operations the following improvement items have been identified and are subject to a budget variation request as part the Financial Performance Report within this the May Ordinary Council meeting business paper.

Entry landscaping improvements	$6,500
Drainage improvements (quote pending)	$8,500
Security improvements (additional CCTV cameras, replacing door)	$2,800
Automatic drinkers	$12,000
Dog exercise area (fencing and turf)	$13,500
Additional cat cages / exercise pen	$6,000
Dog wash facility	$1,600
Facility Masterplan	$3,000
Animal Shelter Heating	$18,000
Total	$71,900

Policy

POL 086 Petitions Policy.

Impact on Public Utilities

N/A

Link to Strategic Plan

1. We are an engaged and involved community

1.1 We are a community that is informed and involved in decisions impacting us

QBL Analysis

	Positive	Negative
Social	N/A	N/A
Environmental	N/A	N/A
Economic	N/A	N/A
Governance	That Council engages with the community to ensure transparency and accountability in its decision making.	N/A

Risk Management and Work Health and Safety Issues for Council

No specific issues identified.

Internal / External Consultation

N/A

Attachments

1 ⇩.

Open Letter to the Community from Wagga Wagga City Council General Manager

Report submitted to the Ordinary Meeting of Council on Monday 30 May 2016. RP-2

RP-2 DELEGATION OF AUTHORITY FOR THE GENERAL MANAGER

Author: Priest, Christine

Director: Richardson, Craig

Recommendation

That Council delegate, as outlined below, to the General Manager, the powers, authorities, duties and functions of the Council as shown in the Schedule hereto, subject to the limitations and exceptions as shown:

SCHEDULE

a All powers, authorities, duties and functions of the Council conferred under the Local Government Act, 1993 other than the functions listed in Section 377 of that Act as matters incapable of being delegated

b All powers, authorities, duties and functions conferred or imposed on the Council under any other Act

LIMITATIONS

a A power, authority, duty or function the subject of this delegation shall not be exercised in a particular case if the holder of the office of General Manager receives a direction from the Council withdrawing a power, authority, duty or function in relation to any matter for which the Council is enabled to withdraw that power, authority, duty or function

b These delegations may be exercised only in accordance with legislation, prescribed standards, codes, policies and decisions of the Council

EXCEPTIONS

a Resolution of any matter relating to a development application requested by two or more Councillors to be referred to the Council by notice in writing addressed to the General Manager

b Determination of any development application, which relies on a SEPP 1 application that is required to be referred to the Council for determination in accordance with any directive issued by the Department of Planning

c Any matter required under clause 47E of the Local Government Act 1993, ‘development of community land’, to be referred to the Council

d Development applications submitted either as applicant or landowner by

Councillors, senior officers or staff with delegations in the Planning Services Directorate other than minor development applications, eg. additions to existing dwellings less than 50m2, decks, carports, other additional works ancillary to a main dwelling

e Determination of any matter involving Council properties other than:

i operational matters including maintenance, repairs and improvement

ii leases or tenancies

iii development applications where the property is a community asset, there has been no public objection, and there is no commercial advantage to the Council from any proposed works

iv for minor types of development on operational land, where there are no community objections, and there is no commercial advantage to the Council from any proposed works

f Any commercial activity involving Council assets other than specified in EXCEPTION (e)(ii)

g Those functions or matters which are required to be exercised ‘by resolution’ of the Council

Report

Council, at the Supplementary Council Meeting of 7 December 2015, resolved:

That Council:

a endorse the appointment of Mr Alan Eldridge as General Manager for the period 7 October 2015 to 6 April 2016 subject to variation by mutual consent

b endorse the Delegations of Authority to Mr Alan Eldridge for the position of General Manager for the period 7 October 2015 to 6 April 2016 as included in the attachment of the report

Mr Alan Eldridge was appointed General Manager of Wagga Wagga City Council on 21 April 2016.

Delegation is the process by which a person or body empowers another person or body to perform a function. A function includes a power, authority or duty. A person or body making a delegation retains the capacity to perform that function.

Under Section 377 of the Local Government Act 1993 (the Act), Council may delegate to the General Manager or any other person or body, any of the functions of the Council other than the matters set out in that section. The functions which cannot be delegated are:

(1) A council may, by resolution, delegate to the general manager or any other person or body (not including another employee of the council) any of the functions of the council, other than the following:

(a) the appointment of a general manager

(b) the making of a rate

(c) a determination under section 549 as to the levying of a rate

(d) the making of a charge

(e) the fixing of a fee

(f) the borrowing of money

(g) the voting of money for expenditure on its works, services or operations

(h) the compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment)

(i) the acceptance of tenders which are required under this Act to be invited by the council

(j) the adoption of an operational plan under section 405

(k) the adoption of a financial statement included in an annual financial report

(l) a decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6

(m) the fixing of an amount or rate for the carrying out by the council of work on private land

(n) the decision to carry out work on private land for an amount that is less than the amount or rate fixed by the council for the carrying out of any such work

(o) the review of a determination made by the council, and not by a delegate of the council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979

(p) the power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194

(q) a decision under section 356 to contribute money or otherwise grant financial assistance to persons

(r) a decision under section 234 to grant leave of absence to the holder of a civic office

(s) the making of an application, or the giving of a notice, to the Governor or Minister

(t) this power of delegation

(u) any function under this or any other Act that is expressly required to be exercised by resolution of the council

(2) A council may, by resolution, sub-delegate to the general manager or any other person or body (not including another employee of the council) any function delegated to the council by the Director-General except as provided by the instrument of delegation to the council.

In accordance with the Act, the Council cannot delegate to an employee other than the General Manager.

It should be noted that Section 378 of the Local Government Act allows the General Manager in turn to delegate any function so delegated to him/her to any other person or body, including an employee of the Council.

The adoption of the delegations to the General Manager enables him/her and subsequently, council staff, to make decisions within their granted authority. This is necessary to allow the provision of efficient and effective customer service to internal and external customers.

The form of Delegations to the General Manager is by exception. That is, the General Manager is empowered to carry out all functions of the Council except those functions specified in Section 377 of the Act and other limitations and exceptions included in the instrument of delegations, as set out above and in the attached Instrument of Delegations to the General Manager.

The recommendation provided above is in line with the existing delegations apart from one (1) item which has been deleted under the heading “Exceptions” This item is:

“Determination of any Development Application of a value in excess of $1,000,000, other than requests to modify or extend the lapse date of development consent on an application previously determined by the Council”

This item is not required as the restrictions on Council officers determining a Development application under delegated authority are already defined under Council’s Development Control Plan and the State Environmental Planning Policies (SEPP).

Budget

N/A

Policy

N/A

Impact on Public Utilities

N/A

Link to Strategic Plan

1. We are an engaged and involved community

1.1 We are a community that is informed and involved in decisions impacting us

QBL Analysis

	Positive	Negative
Social	N/A	N/A
Environmental	N/A	N/A
Economic	N/A	N/A
Governance	The granting of delegations is an essential governance function enabling accountability and the efficient and effective functioning of the Council.	N/A

Risk Management and Work Health and Safety Issues for Council

No specific issues identified.

Internal / External Consultation

N/A

Report submitted to the Ordinary Meeting of Council on Monday 30 May 2016. RP-3

RP-3 OUTSTANDING DEBTORS - AMOUNTS UNRECOVERABLE

Author: Rodney, Carolyn

Director: Richardson, Craig

Recommendation

That Council:

a authorise, in accordance with Clause 131 of the Local Government (General) Regulation 2005, the write-off of Outstanding Debtor Accounts and Rates totalling $60,034.55 against the existing Provisions for Doubtful Debts as outlined in the report

b note the $27,974.05 total for outstanding accounts under $1,000 which is also to be written off under the General Manager’s delegation

Report

The following outstanding amounts appear in Council’s General Debtors or Rates Ledger and it is advised that all normal avenues of collection have been exhausted in respect of these accounts. The funding for the write-off is partly provided within Council’s existing Provision for Doubtful Debts.

Pursuant to Clause 131 (4) of the Local Government (General) Regulation 2005:

An amount of rates or charges can be written off under this clause only:

(a) if there is an error in the assessment, or

(b) if the amount is not lawfully recoverable, or

(c) as a result of a decision of a court, or

(d) if the council or the general manager believes on reasonable grounds that an attempt to recover the amount would not be cost effective.

Outstanding accounts over $1,000 each

Debtor Type	Amount	Invoice Date	Reason for Write-Off
Rates and interest charges	$49,135.69	2007/08 rate levy through to 2015/16 rate levy	This amount refers to outstanding rates and interest charges relating to the lease of Crown Land i.e. 11 Fitzhardinge Street Wagga Wagga by the South Wagga Sports & Bowling Club Ltd (SWSBC). SWSBC was placed into administration in 2009. The Liquidator in his letter dated 24 February 2016 (attached Appendix 1) has advised that the Deed of Company Arrangement was terminated and SWSBC has been wound up. The Liquidator further advises: “Please be advised there is no prospect of any further monies being recovered in this matter and I propose soon finalising the Liquidation and having the SWSBC deregistered.” Council has just received a notice of transfer for 11 Fitzhardinge Street from the Land and Property Information NSW that the new lessees of the above site from 30/11/2015 are the Police Citizens Youth Clubs NSW Ltd (PCYC). Pursuant to Section 560 of the Local Government Act land owned by the Crown if leased the lessee is liable to pay the rates. The Liquidator has advised that no further funds will be forthcoming from the liquidation process of the SWSBC.
Cemetery Fees	$3,596.22	19/04/2013	This amount refers to an outstanding debtor account in relation to burial fees at the Cemetery. All avenues pursued to recover debt have been unsuccessful, including Statement of Claim, Exam Notice and Arrest Warrant.
Cemetery Fees	$2,975.32	07/05/2014	This amount refers to an outstanding debtor account in relation to burial fees at the Cemetery. All avenues pursued to recover debt have been unsuccessful; with Council recently receiving advice that the creditor has moved on from the address Council held.
Cemetery Fees	$2,875.32	16/10/2013	This amount refers to an outstanding debtor account in relation to burial fees at the Cemetery. All avenues pursued to recover debt have been unsuccessful; with Council recently receiving advice that the creditor has moved on from the address Council held.
Cemetery Fees	$1,452.00	25/03/2013	This amount refers to an outstanding debtor account in relation to burial and plaque fees at the Cemetery. All avenues pursued to recover debt have been unsuccessful.
Amount to be Written Off to Provisions – transactions greater than $1,000	$60,034.55

Outstanding amounts under $1,000 each

The General Manager, under Delegation 1.56 has authority to write off individual amounts under $1,000. A review of outstanding accounts under $1,000 that Council is unlikely to recover totals $27,974.05. A summary by charge type is provided below:

Charge Type	Number	Total Amount
Environmental Health Inspection Fees	85	$8,934.60
Environmental Health Admin Fees	31	$4,760.30
Hoarding Permit Application Fees	30	$4,482.00
Construction Certificates Extra Inspections	23	$3,312.15
Sewer Inspection Fees	11	$1,275.40
Cemetery	4	$1,576.30
Other	38	$3,633.30
Total under $1,000 each	222	$27,974.05

Proposed amounts over $1,000 each to be written off $60,034.55

Proposed amounts under $1,000 each to be written off $27,974.05

Total Proposed write off $88,008.60

Budget

The amounts recommended for write off are partially provided for in the existing provision for doubtful debts and annual expenditure budget which totals $32,746.88, with the remaining $55,261.72 being a negative variation to Council’s bottom line. Included in the May 2016 Council Meeting Reports is the Monthly Financial Performance Report which includes other favourable variations to bottom line which will ensure Council’s targeted balanced bottom line is still achieved.

Project Name & Component	Existing Budget	Expenditure to Date	Proposed Budget Variation	Effect on LTFP
Provision for Doubtful Debts	$22,746.88	$0		No
Doubtful Debts annual budget	$10,000.00	$0	$55,261.72	No
TOTALS	$32,746.88	$0	$55,261.72

Policy

N/A

Impact on Public Utilities

N/A

Link to Strategic Plan

1. We are an engaged and involved community

1.1 We are a community that is informed and involved in decisions impacting us

QBL Analysis

	Positive	Negative
Social	N/A	N/A
Environmental	N/A	N/A
Economic	N/A	A reduction in overall revenue for Council.
Governance	It is best practice for any business to undertake a regular review of its debtors and action in line with established industry procedures.	N/A

Risk Management and Work Health and Safety Issues for Council

No specific issues identified.

Internal / External Consultation

N/A

Attachments

1 ⇩.

Liquidator - Chamberlain's S.B.R Chartered Accountants

Report submitted to the Ordinary Meeting of Council on Monday 30 May 2016. RP-4

RP-4 FINANCIAL PERFORMANCE REPORT APRIL 2016

Author: Rodney, Carolyn

Director: Richardson, Craig

Recommendation

That Council:

a approve the variations to the 2015/16 original budget for the month ended 30 April 2016 and note the forecast balanced budget as presented in this report

b note the Responsible Accounting Officer’s reports, in accordance with the Local Government (General) Regulation 2005 (Part 9 Division 3: Clause 203) that the financial position of Council is satisfactory having regard to the original estimates of income and expenditure and the recommendations made above

c note Council’s external investments as at 30 April 2016

Report

Council’s monthly financial performance report provides a summary of all material budget changes that require approval by Council. This report is a combined March end of month and April end of month report due to the change in reporting previously to the Policy and Strategy meetings, and now direct to the Council meetings.

The April 2016 budget variations have resulted in the continuation of a forecasted balanced budget which was presented in the February 2016 end of month report which was reported to Council in April 2016. Council’s ongoing budget review process will continue to be undertaken for the remainder of the financial year to identify further cost savings and budget improvements.

Additional budget variations that do not affect Council’s overall forecast position are included in this report for Council’s consideration and approval, along with Council’s external investment summary as at 30 April 2016.

The monthly financial performance report also includes a detailed report on money invested under Section 625 of the Local Government Act 1993 (The Act). The report details a positive performance for the months of March and April and is currently tracking on budget for the ten (10) month target at 30 April 2016. Council officers anticipate that the budgeted investment income for the full financial year will be met.

Actual Capital Income does not yet reflect the budgeted transfers from reserve funds.

These reserve movements will be effected at 30 June 2016.

Summary of the key financial performance issues are detailed as follows:

· Total operating income is 83% of approved budget.

Note: The actual operating income percentage has been adjusted due to the levy of the rates at the start of the financial year. Excluding this adjustment, operating income received would be 93%.

· Total operating expenditure is 81% of approved budget.

· Total capital income is 46% of approved budget.

Note: The actual income from capital is influenced by the timing of payment of capital grants and contributions. Transfers from reserves are typically not processed until the end of financial year.

· Total capital expenditure including commitments is 42% of approved budget.

Note: The actual capital expenditure percentage is impacted due to the timing of the Riverina Intermodal Freight and Logistics (RIFL) Hub project. Excluding these projects, actual capital expenditure would be at 62%.

Revised budget result - Surplus/(Deficit)	$’000s
Original funded budget result as adopted by Council Budget variations approved to date Net Revised Budget Result	$0 $0 $0
February 2016 net budget variations – Council meeting April 2016	$0
Proposed revised budget result as at 30 April 2016	Nil

The proposed Budget Variations to 30 April 2016 are listed below:

*Budget Variation*	*Amount*		*Funding Source*	*Net Impact* *Fav/ (Unfav)*
*1 – We are an engaged and involved community*
Write-off Outstanding Debtors	$55K			$55K
As per the ‘Outstanding Debtors - Amounts Unrecoverable’ Report presented to this Council meeting, the write-off of outstanding debtor accounts and rates in accordance with the Local Government Act totals $88K. There is a provision of $33K allowed in the budget with the remaining $55K to be funded from other positive variations presented in this report.
*2 – We are a safe and healthy community*
Fire Control Centre Seeding Fund	$100K		Fire Control Centre Seeding Fund Contribution ($100K)	Nil
Council has received advice from the NSW Rural Fire Service of funding provided to Council to conduct site preliminary work and a local feasibility study for the proposed relocation of the Rural Fire Service and the Emergency Service Operation Centre.
Home and Community Care (HACC) Program		$259K	Commonwealth Grant Funding ($187K) State Grant Funding ($72K)	Nil
The Environment and Community Services Directorate, under the Social Planning Team, have secured a further two (2) years of funding from Commonwealth and State to the amount of $259K in 2015/16 and $272K in 2016/17 to continue the auspice of two (2) sector development positions in ageing and disability.
Glenfield Road Animal Shelter Expansion (GRAS)		$72K	Impounded Trolleys & Vehicles ($18K) Companion Animals Income Fines & Costs ($54K)	Nil
Further works are required as part of the GRAS expansion which include the in-floor heating system, drainage and plumbing works, security improvements, automatic drinkers, exercise area, dog wash facility, additional cat cages and landscaping improvements to the entrance (estimated costs $72K). This is proposed to be funded from additional income received this financial year from impounded trolleys and vehicles and companion animals income fines and costs.				Nil
*4 – We have a sustainable natural and built environment*
Combined Applications Income Fees	($92K)		Fit for the Future Reserve $37K	($55K)
The current budgeted income within the Development Services Division for Combined Applications Income Fees and Charges has been exceeded. This is due to increased numbers of planning applications being lodged with Council during the financial year which has resulted in a higher than estimated income figure.
Lakeside Drive Parkland Remedial Landscape Works		$106K	Internal Loans Reserve ($106K)	Nil
The parkland along Lakeside Drive and Ray Beddoe Park require landscape remediation works following the recently completed road works. Works include soil preparation, turf, and installation of bollards around Ray Beddoe Park. It is estimated that these remediation works will cost approximately $82K, with the recently completed roadworks component of the project over-expended by $24K. A Budget Variation of $106K is requested to be funded from the Internal Loans Reserve, with a 10 year repayment period. The $10K required annual repayments will be sourced from savings achieved through lower cost borrowings and timing adjustments for loan drawdowns for the 2015/16 financial year – which is reconciled after the completion of the 2015/16 financial statements and is reported to Council in the December 2016 end of month report.				Nil
*SURPLUS/(DEFICIT)*				Nil

Current Restrictions

Investment Summary as at 30April 2016

In accordance with Clause 212 of the Local Government (General) Regulation 2005, details of Wagga Wagga City Council’s external investments are detailed below:

Council’s portfolio is dominated by term deposits at approximately 46% across a broad range of counterparties. Cash equates to 4% of Council’s portfolio with Floating Rate Notes (FRN’s) and growth funds around 50% of the portfolio.

Council’s investment portfolio is well diversified in complying assets across the entire credit spectrum. It is also well diversified from a rating perspective. Credit quality is diversified and is predominately invested amongst the investment grade ADIs (BBB- or higher), with a smaller allocation to unrated ADIs.

All investments are well within the defined Policy limits, as outlined in the Rating Allocation chart below:

Investment Portfolio Balance

Council’s investment portfolio balance has decreased from the previous month’s balance, down from $95M to $90.1M. This is reflective of large contractual payments being due during April.

MONTHLY INVESTMENT MOVEMENTS

Redemptions/Sales - Council redeemed the following investment securities during March and April 2016:

Institution and Type	Amount	Investment Term	Interest Rate	Comments
Beyond Bank Term Deposit	$990K	12 months	3.40%	This term deposit was redeemed and not reinvested to ensure adequate cash was maintained in Council’s trading account.
NAB Term Deposit	$1M	6 months	2.96%	This term deposit was redeemed and used to invest in a $1M Westpac FRN security.
NAB Term Deposit	$1M	6 months	3.01%	This term deposit was redeemed and used to provide funds to invest in a $2M CUA FRN security.
Bankwest Term Deposit	$1M	4 months	3.00%	This term deposit was redeemed and used to provide funds to invest in a $2M CUA FRN security.
Bank of Sydney Term Deposit	$1M	7 months	3.00%	This term deposit was redeemed and not reinvested to ensure adequate cash was maintained in Council’s trading account.
Westpac Floating Rate Term Deposit	$2M	5 years	BBSW + 130	This floating rate term deposit was redeemed on maturity and used to invest in a $1M ANZ FRN security and a $1M Suncorp FRN security.
NAB Floating Rate Note	$1M	3 years	BBSW + 98	This FRN was sold for a capital gain and reinvested into a $1M CBA FRN security.

New Investments - Council purchased the following investment securities during March and April 2016:

Institution and Type	Amount	Investment Term	Interest Rate	Comments
Auswide Bank Term Deposit	$1M	10 months	3.07%	The Auswide Bank rate of 3.07% compared favourably to the rest of the market. This investment term was chosen to fill an investment maturity gap.
MyState Bank Term Deposit	$1M	7 months	3.07%	The MyState Bank rate of 3.07% compared favourably to the rest of the market for this term. This investment term was chosen to fill an investment maturity gap.
Rabobank Floating Rate Note	$2M	5 years	BBSW + 150	Council’s independent Financial Advisor CPG, advised that this FRN represented good value over the medium term from a higher rated institution.
Westpac Floating Rate Note	$1M	3 years	BBSW + 100	Council’s independent Financial Advisor CPG, advised that this FRN represented good value over the short-medium term.
Newcastle Permanent Floating Rate Note	$1M	3 years	BBSW + 160	Council’s independent Financial Advisor CPG, advised that this FRN represented good value over the short-medium term with an attractive rate.
CUA Floating Rate Note	$2M	3 years	BBSW + 160	Council’s independent Financial Advisor CPG, advised that this FRN represented good value over the short-medium term with an attractive rate.
ANZ Floating Rate Note	$1M	5 years	BBSW + 118	Council’s independent Financial Advisor CPG, advised that this FRN represented good value over the medium term when compared to Term Deposit rates.
CBA Floating Rate Note	$1M	3 years	BBSW + 98	Council’s independent Financial Advisor CPG, advised that this FRN represented good value over the short-medium term.
Suncorp-Metway Bank Floating Rate Note	$1M	5 years	BBSW + 138	Council’s independent Financial Advisor CPG, advised that this FRN represented fair value over the medium term whilst maintaining strong liquidity.

Rollovers – Council did not roll over any investment securities during March and April 2016.

MONTHLY PERFORMANCE

Interest/growth/capital gains for the month totaled $277,415 which compares favourably with the budget for the period of $253,554 – out performing budget for the April month by $23,861. This is attributable to the positive growth experienced for Council’s NSW T-Corp managed funds of $19,757. This continued a strong couple of months for Council’s portfolio with March Interest/growth/capital gains out performing budget for the month by $188,925. This is attributable to the positive growth experienced for Council’s NSW T-Corp managed funds of $17,952 as well as strong growth in the capital value of Council’s Floating Rate Note portfolio. It should be noted that the capital market value of these investments will fluctuate from month to month and that Council continues to receive the coupon payments and the face value of the investment security when sold or at maturity.

Council’s portfolio performance continues to be anchored by the longer-dated deposits in the portfolio, particularly those locked in above 4% yields. It is to be noted however that the average deposit yield will inevitably fall as some of the longer-dated deposits mature within the next year.

In comparison to the AusBond Bank Bill Index* (+2.26%pa), Council’s investment portfolio in total returned 3.74% for April. Short term deposits returned 3.04%. These funds are utilised for daily cash flow management and need to be available to meet operating and contractual payments.

* The AusBond Bank Bill Index is the leading benchmark for the Australian fixed income market. It is interpolated from the RBA Cash rate, 1 month and 3 month Bank Bill Swap rates.

Certificate: I hereby certify that all of the above investments have been made in accordance with the provision of Section 625 of the Local Government Act 1993 and the regulations there under, and in accordance with the WWCC Investments Policy adopted by Council on 26 August 2013.

C Rodney

Responsible Accounting Officer

Budget

The forecast full year budget result to 30 April 2016 is a balanced budget.

Policy

Investments are reported in accordance with POL 075 Investment Policy.

Impact on Public Utilities

N/A

Link to Strategic Plan

1. We are an engaged and involved community

1.1 We are a community that is informed and involved in decisions impacting us

QBL Analysis

	Positive	Negative
Social	N/A	N/A
Environmental	N/A	N/A
Economic	N/A	N/A
Governance	The preparation of the monthly financial report provides for the timely reporting on investments and budget performance year-to-date.	N/A

Risk Management and Work Health and Safety Issues for Council

No specific issues identified.

Internal / External Consultation

All relevant areas within Council have consulted with the Finance Division in regards to the budget variations listed in this report.

Report submitted to the Ordinary Meeting of Council on Monday 30 May 2016. RP-5

RP-5 2015/16 LOAN FACILITY

Author: Rodney, Carolyn

Director: Richardson, Craig

Recommendation

That Council:

a utilise up to $516,320 in funding from the Internal Loans Reserve as an alternative to external borrowings to complete the remainder of the 2015/16 borrowings program for capital projects as identified in this report

b utilise up to $1.83 million as an internal loan utilising funding from the Livestock Marketing Centre Reserve as an alternative to external borrowings to complete the remainder of the 2015/16 borrowings program for the RiFL project, with a repayment period not to exceed 10 years

c authorise the affixing of Council’s Common Seal to all necessary documents as required

Report

Council’s Long Term Financial Plan (LTFP) for 2015/16 detailed a number of capital projects that require borrowings as a funding source.

Project	Estimated loan drawdown amount*
New Amenities Building at Duke of Kent Oval	$416,320
Lawn Cemetery Stage 2A Works	$100,000
Bomen RiFL Development	$1,830,000
Total Funds Required	$2,346,320

*Estimated loan drawdown amount is not reflective of the total project budget. Other funding sources may be applicable. This amount is indicative at the time of the report being written and is subject to change.

With expenditure for the majority of these projects almost finalised for the year, Council approached the following 11 financial institutions requesting quotations on the $2.35M funds required for the above projects.

· National Australia Bank (NAB)

· Commonwealth Bank of Australia (CBA)

· Westpac Bank

· Australia and New Zealand Bank (ANZ)

· New South Wales Treasury Corporation (NSW T-Corp)

· Suncorp Bank

· St George Bank

· Bendigo-Adelaide Bank

· Beyond Bank

· G&C Mutual Bank

· Hume Bank

Attached is a summary of the quotes that were received from the financial institutions. In assessing these quotes, consideration was given to the best rate as well as the flexibility for Council to make additional principal repayments and/or ability to payout the loan earlier than required without incurring excessive break costs.

In an attempt to minimise the costs of borrowing, Council staff have reviewed the capacity of internally restricted reserves and have determined that the Internal Loans Reserve and Livestock Marketing Centre (LMC) Reserve have capacity (in the short term) to fund the $2.35M required.

The capacity for the Livestock Marketing Centre reserve to fund the $1.8M funds is demonstrated in the below table:

The borrowings required would be split as follows:

Internal Loans Reserve

Project	Estimated loan drawdown amount*
New Amenities Building at Duke of Kent Oval	$416,320
Lawn Cemetery Stage 2A Works	$100,000
Total Funds Required	$516,320

Livestock Marketing Centre Reserve

Project	Estimated loan drawdown amount*
Bomen RiFL Development	$1,830,000
Total Funds Required	$1,830,000

If the RiFL project proceeds Council would then borrow funds externally in 2016/17 to repay the LMC reserve. If the RiFL project does not proceed, a repayment schedule will be setup in line with Council’s Internal Loans Borrowing Policy (POL020).

Internal loans are treated in the same way as external borrowings in Council’s budget. Instead of repaying the banks, Council is repaying its own reserve with principal and interest which then creates capacity for further internal borrowings in the future. Internal loans represent a saving to the rates offered by the banks and provide greater flexibility with the ability to repay loans at an earlier point without penalty.

As per Council’s Internal Loans Borrowing Policy (POL020), the applicable interest rate is “the current Reserve Bank of Australia (RBA) cash rate”. At the RBA’s monthly meeting in May 2016, the cash rate was cut by 0.25% to 1.75%. The term for this loan will be based on a 10 year period.

If Council decide not to proceed with the above proposed funding model from internal reserves, Council officers could contact the financial institutions again and obtain revised quotations and report back to the June Council Meeting.

Budget

Council will achieve future budget savings due to lower than forecasted interest rates on borrowings associated with these projects. A further budget variation will be presented to Council after the completion of the 2015/16 financial statements, which will identify the exact savings for the life of the Long Term Financial Plan.

Policy

POL 019 External Loan Borrowings.

POL 020 Internal Loan Borrowings.

Impact on Public Utilities

N/A

Link to Strategic Plan

1. We are an engaged and involved community

1.1 We are a community that is informed and involved in decisions impacting us

QBL Analysis

	Positive	Negative
Social	N/A	N/A
Environmental	N/A	N/A
Economic	Reduction in funding costs for the organisation for long term financial plan.	N/A
Governance	Adherence with borrowings policy.	N/A

Risk Management and Work Health and Safety Issues for Council

The table included in this report that depicts the estimated reserve balance of the Livestock Marketing Centre is based on the recent masterplan completed. If throughput projections are not achieved, this would impact on the estimated reserve balance.

Internal / External Consultation

N/A

Report submitted to the Ordinary Meeting of Council on Monday 30 May 2016. RP-6

RP-6 2016 NSW PUBLIC LIBRARIES ASSOCIATION CONFERENCE

Author: Knight, Robert

Director: Summerhayes, Janice

Recommendation

That Council:

a be represented at the 2016 NSW Public Libraries Association Conference and Annual General Meeting to be held in Ulladulla on 22-25 November 2016

b appoint two (2) Councillors as Council’s delegates to attend the conference

Report

The 2016 NSW Public Libraries Association Conference and Annual General Meeting will be held in Ulladulla on 22-25 November 2016. The conference, SWITCH 2016 Spread the Word, will include presentations from National and International speakers who will primarily address matters relevant to the contemporary library sector.

In order to optimise early bird registration discounts, this report is put forward for Councillor delegate nominations. If changes to delegate information are required following Local Government elections in September 2016, adjustments can be made accordingly. Conference information is available at the NSW Public Libraries Association website at www.nswpla.org.au under the SWITCH 2016 tab.

Keynote speakers include:

Deng Adut is a renowned community leader and internationally renowned lawyer who gave the 2016 Australia Day Address which drew critical acclaim home and abroad.

Stan Grant has been a journalist for a quarter of a century, as ABC Federal Political Correspondent, a London based European Correspondent, and China Correspondent for CNN based in Beijing.

Gill Hicks is considered one of the most thought-provoking, powerful and life affirming speakers in Australia and the UK. She is known globally as a survivor of the London Terrorist Bombings of 7 July 2005.

The annual NSW Public Libraries Association conference provides an important opportunity to hear about contemporary practices, and offers a platform for networking with colleagues and extending contacts and partnerships beyond the boundaries of the local South-West Zone of the Association.

It is recommended that Council appoint two (2) representatives to attend the Conference.

Budget

The estimated cost for attendance of two (2) Councillors at the conference is $2,200 including conference registration, two (2) conference dinners, three (3) nights’ accommodation and associated out of pocket expenses. The conference will be funded from the Councillors’ Conference budget which has $16,982 available.

Project Name & Component

Existing Budget

Expenditure to Date

Proposed Budget Variation

Effect on LTFP

Councillors Conference Budget

$30,000

$13,018

Nil

TOTALS

$30,000

$13,018

Nil

Policy

POL 025 – Payment of Expenses and Provision of Facilities to Councillors.

Impact on Public Utilities

N/A

Link to Strategic Plan

1. We are an engaged and involved community

1.2 We have opportunities and places for connection

QBL Analysis

	Positive	Negative
Social	N/A	N/A
Environmental	N/A	N/A
Economic	N/A	N/A
Governance	Provides Council representation at a conference designed to provide information and support for an important local government service - public libraries.	N/A

Risk Management and Work Health and Safety Issues for Council

No specific issues identified.

Internal / External Consultation

N/A

Report submitted to the Ordinary Meeting of Council on Monday 30 May 2016. RP-7

RP-7 EQUESTRIAN FACILITIES OPERATION DEED

Author: Gardiner, Mark

Director: Summerhayes, Janice

Recommendation

That Council:

a receive and note the report

b authorise the General Manager or his delegate to sign the Equestrian Facilities Operation Deed with Charles Sturt University

c authorise the execution of all documents under Council’s common seal as necessary

Report

Council entered into a Memorandum of Understanding (MOU) with Charles Sturt University (CSU) for the further development of equestrian facilities at the Wagga Wagga campus. The MOU outlined a number of key principles for the development which included:

· Construction of additional equestrian facilities at the CSU Equestrian Centre in line with the agreed Master plan and prioritised project list.

· The ongoing operation and maintenance of the facilities to be funded by CSU.

· The provision of access to the facilities for Wagga Wagga Equestrian clubs for the purpose of competition and training.

· The formation of a Facility Operation Committee, made up of representatives of Council, CSU and the Riverina Equestrian Association.

· The timeframe of the agreement would be consistent with the life expectancy of the assets constructed.

The assets developed under the MOU included:

· Warm up arena to north of indoor arena (60mx25m) and relocate storage shed

· Stormwater management

· Access roads and parking

· Fencing, lane way, arenas and spectator areas

· Wash bays, water supply and truck wash pad to biosecurity recommendations

· Day yards including water and lighting to meet biosecurity recommendations

· Large competition arena (90m x 70m) including irrigation

· Dressage arena (20mx60m) including irrigation

· Office, meeting room & toilets

The attached Equestrian Facilities Operation Deed is to formalise the arrangements with Charles Sturt University for the ongoing management of the facilities located at the CSU Equestrian Centre. This Deed is complementary to existing partnership arrangements with CSU and sits under the current Memorandum of Understanding between Charles Sturt University and Wagga Wagga City Council.

The Deed will be in place for 25 years and will be renegotiated after that time.

Budget

N/A

Policy

Wagga Wagga Equestrian Audit.

Impact on Public Utilities

N/A

Link to Strategic Plan

2. We are a safe and healthy community

2.2 We have an active and healthy community

QBL Analysis

	Positive	Negative
Social	Meeting community wellbeing outcomes as per Council’s strategic plans, particularly the Recreation and Open Space, Social and Cultural Plans.	N/A
Environmental	N/A	N/A
Economic	Meeting community wellbeing outcomes as per Council’s strategic plans.	N/A
Governance	Implementing initiatives against Council’s Management Plan, legislative requirements, policies and procedures.	N/A

Risk Management and Work Health and Safety Issues for Council

No specific issues identified.

Internal / External Consultation

The Equestrian Facilities Development and Operation Deed has been developed in consultation with Charles Sturt University.

Attachments

1 ⇩.

Equestrian Facilities Operation Deed - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Monday 30 May 2016. RP-8

RP-8 TRAFFIC CONTROLS AT ROUNDABOUTS

Author: Fenwick, Alex

General Manager: Eldridge, Alan

Recommendation

That Council receive and note the content of this report.

Report

At the Ordinary Council Meeting of 29 March 2016, Council made the following resolution.

That Council:

a receive and note the report outlining responses to Questions/Business with Notice

b receive a further report at the May 2016 Ordinary Council Meeting that details the reasoning behind the roundabout decisions

This report provides advice on the approach adopted in relation to the changes in configuration of roundabouts across the city.

The principles that were employed when determining the most appropriate regulatory markings for various roundabouts in Wagga Wagga depended upon:

· Road configuration on the approach to the intersection

· Road configuration on the departure from the intersection

· Traffic volumes that use the various turning options at each intersection

· The available width of the travelled path between the annulus (centre) and the outer edge of the travelled path

· The degree of deflection that is imposed by the angle of the splitter island and the diameter of the annulus at the entry to the roundabout.

One of the most important issues that has been observed in Wagga Wagga is that where the approach to and departure from a roundabout has a single lane of traffic but the roundabout was marked with two (2) lanes, the roundabouts were often used as a place where drivers would overtake other vehicles.

Roundabouts have never been intended to be used primarily as a place where faster moving vehicles can overtake slower moving vehicles. They are the intersection of two (2) or more streets. Generally there is enough activity in and around roundabouts to preclude them from being safely used as overtaking points. In instances such as this the general rule that was applied was to ascertain by observation the most prevalent turning movements on each roundabout.

An example of traffic flow that might be observed at a roundabout is demonstrated in the following:

In this example there is one (1) lane on the approach and one (1) lane on the departure, therefore there should only be one (1) lane of traffic allowed to travel straight through the roundabout. There are 25 right turning vehicles, 17 left turning vehicles and 42 vehicles travelling straight through. The lowest number of turning movements, which is the 17 left turns, are combined with the straight through traffic while the highest number of turning vehicles are allocated a dedicated entry lane.

This principle was applied at all similar locations around the city. In instances where turning movements are substantially the same in number an arbitrary decision can be made on the lane configuration.

There is an exception where this principle may not provide the safest and most efficient option. In the example shown above the travelled path is eight (8) metres wide, providing adequate width for adjacent lanes of traffic while two (2) vehicles that are side-by-side negotiate the deflection angle, one for a straight through movement and the other for a right turn movement. In the case of a number of smaller roundabouts in the city (eg the intersection of Morgan Street and Peter Street) the travelled path on that roundabout is much narrower, in the order of six (6) metres wide.

A width of six (6) metres with the typical 12° to 15° deflection angle is insufficient for two (2) vehicles to negotiate the roundabout while side by side. A three (3) metre wide travelling lane, while acceptable but not preferable on a substantially straight section of road, is insufficient to allow two (2) vehicles to safely negotiate a roundabout when side-by-side. A high risk of side-swipe type crashes is created by this situation.

While this type of crash results in a lesser impact than a cross traffic or opposing direction crash, elimination of this type of crash without causing undue delay at the intersection is a better result. The overall cost associated with these crashes, which includes the cost of repairing property damage, is reduced for the community.

In the case of Morgan and Peter Streets, observations at the intersection revealed that the left turn movement that is labelled ‘A’ in the following diagram was greater than the right turn movement that is labelled ‘C’. The left turn movement that is labelled ‘D’ was marginally greater than the right turn movement that is labelled ‘F’.

It should also be noted that in the case of the straight through movements, labelled ‘B’ and ‘E’, a driver may choose to use either lane to exit the roundabout because there is only one (1) lane used at the entry.

There is no rule in Part 9 of the Road Rules 2014, which refers to the operation of roundabouts that requires a driver to exit the roundabout into the lane nearest the middle of the road. In the situation that is demonstrated in the following diagram a driver may exit the roundabout into which ever lane best suits their purpose. This situation may not be widely understood by drivers.

The arrangement that is demonstrated in the following diagram makes allowances for drivers that do not have a precise awareness of vehicle placement on the road, thereby reducing the risk of a side-swipe type crash.

The only way that traffic should be permitted to again travel straight through this roundabout in adjacent lanes is if the overall diameter of the roundabout could be increased, thereby increasing the width of the travelled path. The expense involved in that exercise compared to the benefit that it would achieve is prohibitive.

Council officers have observed the function of the roundabout at Morgan Street and Peter Street on a number of occasions at various times of the day. Observations indicate that the implementation of this strategy has not appreciably reduced the efficiency of the roundabout at any time of the day. Nothing was observed that suggests that any reduction in road safety has occurred as a result the change implemented and staff are of the opinion that the changes improve road safety.

The configuration applied to the roundabout at the intersection of Morgan Street and Peter Street is consistent with the configuration of the other roundabouts on Morgan Street (Best Street and Murray Street).

Traffic Committee undertook the review of the roundabout lane configurations in response to a trend across New South Wales that has seen major crashes reduced by the introduction of roundabout treatments but a corresponding rise in the number of minor crashes at treated intersections. The initiative was an attempt to reduce the overall cost to the community by reducing the likelihood of side-swipe type crashes.

Budget

The funding for the remediation of the road markings was sourced from the Lines and Signs Budget.

Policy

N/A

Impact on Public Utilities

N/A

Link to Strategic Plan

2. We are a safe and healthy community

2.1 We live in a safe community

QBL Analysis

	Positive	Negative
Social	Continued improvement to the community’s ability to travel across the Local Government Area in safety.	N/A
Environmental	N/A	N/A
Economic	Improved management of public spending on transport management.	N/A
Governance	Responsible consultation and management of the Local Traffic Committee by Council.	N/A

Risk Management and Work Health and Safety Issues for Council

No specific issues identified.

Internal / External Consultation

The Traffic Committee consists of representatives from Council including Infrastructure and Planning staff and a Councillor, NSW Police, Roads and Maritime Services, Local Member representative and representatives from other agencies as required.

Report submitted to the Ordinary Meeting of Council on Monday 30 May 2016. RP-9

RP-9 PLANNING TASK FORCE

Author: Wallace, Serena

General Manager: Eldridge, Alan

Recommendation

That Council endorse the scope of work and timelines of the Planning Task Force as outlined in this report.

Executive Summary

· The General Manager committed to fast tracking an overhaul of the City of Wagga Wagga’s planning framework

· A Planning Taskforce has been established to project manage this reform process in a timely manner

· An opportunity exists to integrate and create planning documents which are relevant and integrated from conception through to the end of life with the framework

· The scope of the Task Force is to:

o Conduct relevant strategic work (as outlined below)

o Review and amend the Local Environmental Plan 2010 (LEP)

o Review and amend / rewrite the Development Control Plan 2010 (DCP)

o Review and implement new Developer Contribution Plans (inclusive of Section 94, Section 94A and Section 64)

· The target timeframe is 18 months for adoption of all plans. The total timeframe is inclusive of the LEP which is dependent on the Department of Planning and Environment (DPE)

· The intent of this process is to utilise existing resources to fast track the work and to engage external consultants only if technical expertise or a peer review is required.

· The community, elected representatives and industry stakeholders will be heavily engaged throughout this process

Report

Background

In March 2016 General Manager, Alan Eldridge committed to fast tracking an overhaul of the City of Wagga Wagga’s planning framework. It had become apparent that there was significant political and community frustration with the city’s existing planning framework and it was clear that reform to the full suite of Council’s critical planning documents was required. The Planning Taskforce has been established to project manage this reform process in a timely manner to meet the needs of the community and address previous commitments made.

Framework

Council has created a framework based on the principles of the Integrated Planning and Reporting (IPR) framework as part of the Local Government Act. The framework is named the Sustainable Future Framework (SFF) and recognises how IPR specifically relates to the operations of the City of Wagga Wagga. The SFF is a community consultation informed framework and considers strategy to be a valuable part of informing delivery, policy and guidelines. It also demonstrates the required integration and relationship between Council documents.

Figure 1 – Council’s Sustainable Future Framework

An opportunity exists to integrate and create planning documents which are relevant and integrated from conception through to the end of life with the framework.

The integrated framework presents an opportunity to better integrate planning and engineering documents with the Community Strategic Plan (CSP) to achieve the best community outcomes into the future and tailor development in the Local Government Area (LGA) to be reflective of the culture and vision of the community.

Scope

The scope of the Task Force has been determined through preliminary consultation undertaken with both internal and external stakeholders. As a result of the preliminary consultation the scope of the Planning Task force has been identified as needing to complete the following:

ITEM	DESCRIPTION
Strategy	The strategy component includes the development of growth scenarios for the city that would consider the viability for development and the potential capacity of localities and infrastructure to accommodate growth. As part of this process analysis will be undertaken including the mapping of land constraints including that of flooding, a demographic and housing needs and residential supply and demand trends. Specific analysis will be undertaken to provide a response to those that sought re-zoning through the Spatial Plan. A rural land strategy will be undertaken looking at the current zonings in rural areas and the potential of re-zoning in these areas. The strategy component will also include the identification of recreational and sporting needs, social needs and key community infrastructure requirements for the future needs of Wagga. It is acknowledged that the strategic components of the framework can be lengthy due to a combination of engagement of stakeholders being undertaken as well as aspects of technical input and analysis required. The timeframe of 18 months inclusive of a 12 month Local Environmental Plan (LEP) review process provides challenges for Council in terms of prioritisation of the project over current operations, the need for additional resources to accommodate the intensive timeline as well as where needed find additional capacity in terms of technical expertise to deliver this core component of the project. The strategy element of the review is considered an essential part of progressing the review of the framework. It is acknowledged that elements of the strategy component were committed to by Council as part of the Spatial Plan and are required to inform future decisions in regards to land use planning and development controls.
Review and Amend the Local Environmental Plan 2010 (LEP)	The review of the LEP will be informed by the strategy undertaken in the initial stages of the project. The focus will consist of ensuring future land supply of residential land and the implications of various growth scenarios. A review of the current land use tables will also be undertaken, defining zone objectives and permitted or prohibited development.
Review and Amend / Rewrite the Development Control Plan 2010 (DCP)	The DCP will be reviewed with the main focus to support and integrate with the LEP and promote development. The review will need to consider the application of the document in a local context and the ease of usability of the document to the community.
Review and implement new Developer Contribution Plans (inclusive of Section 94, Section 94A and Section 64)	A review of the current Developer Contribution Plans will take place. The focus of this review is to improve the current accessibility of the document. The review will also evaluate current uncompleted projects within the plan as well as identifying new projects that will be informed by the strategy component of the project. As part of this review Council will investigate Voluntary Planning Agreements and Works in Kind as part of the Developer Contribution Plans. New Development Servicing Plans (sewer and stormwater) will be delivered in line with Contributions Plans.

Desired Outcomes

The outcomes of the review of the Planning Framework are to ensure the reviews of these documents are instruments in achieving;

· A dynamic and progressive city in regional NSW

· A liveable city where people choose to locate their businesses and family

· Diversity in housing choice

· A planning framework that supports community requirements and expectations of development within the city

· A Planning Framework that is accessible to our community

Consultation

Consultation is currently underway with the implementation of the Wagga View campaign. Wagga View is the brand given to the community engagement campaign for the review of the Community Strategic Plan (CSP). As per the SFF framework displayed in Figure 1, the CSP is a key document in informing all levels of Council planning, strategy and policy. The campaign has been broadened from its original concept to cover all neighbourhoods and villages within the LGA. The decision to extend the Wagga View Road Show element was to ensure that neighbourhood characteristics were to some degree captured as well as provide an understanding of key opportunities and challenges within these neighbourhoods not only from a community planning perspective but also from a land use perspective. One of the outcomes to be achieved from the current CSP engagement was to take a place making approach to community engagement and understand the importance of space and amenity from the perspective of community members. This is being achieved through a number of engagement methods throughout the four (4) week engagement process. Not only is the intent of this approach to understand the expectation and priorities of the community but it will also provide guidance on the liveability indicators for the city.

As discussed later in the report preliminary internal and external engagement with industry stakeholders as well as Councillors has taken place to inform an understanding of the current issues with the planning framework. As a part of the SFF, Council is committed to ongoing communication and engagement throughout the process. As part of the project for the Planning Taskforce, a communication and engagement plan will be prepared to inform and involve the community in the review of these key planning documents.

Timeframe

The target timeframe is 18 months for adoption of all plans. It is important to note that the total timeframe is inclusive of the LEP which is dependent on the Department of Planning and Environment (DPE). Advice from the DPE is that Council should allow at least 12 months for the review and approval of the LEP. While it may be difficult to achieve these tight timeframes the intent is to provide enough resources to reach this ambitious goal.

Budget

Project Name & Component

Existing Budget

Expenditure to Date

Proposed Budget Variation

Effect on LTFP

Community Strategic Plan

$17,000

$20,000

The existing budget is to be brought forward from the 2016/2017 financial year.

Recreation, open space and community plan

$185,000

A carryover of funds for the 2016/2017 financial year is expected.

Budget Summary

The above budget references the existing budget allocations for the short term work that will be undertaken by the taskforce. The intent of this process is to utilise existing resources to fast track the work and to engage external consultants only if technical expertise or a peer review is required. However, it is expected that the total costs for the life of the taskforce will exceed $500K. A budget variation will be sought next financial year once full costs are known.

Policy

Wagga Wagga Local Environmental Plan 2010.

Wagga Wagga Development Control Plan 2010.

Wagga Wagga Spatial Plan 2013-2043.

Development Contributions Plans (Section 94, 94A and 64).

Planning Agreements Policy 2006.

Link to Strategic Plan

4. We have a sustainable natural and built environment

4.2 We plan for resilient and sustainable built environments

QBL Analysis

	Positive	Negative
Social	Provision of the opportunity to provide better community outcomes for the city in term of development and land use planning. The liveability of the city is a key focus of the new documents.	N/A
Environmental	Sustainable communities are the result of a strengthened framework that considers environmental impact and liveability of communities.	N/A
Economic	The viability of development within the city is promoted through a revised a planning framework and endeavours to meet the needs of our community.	N/A
Governance	The opportunity to further align the planning documents and instruments to community expectations and the Community Strategic Plan.	N/A

Risk Management and Work Health and Safety Issues for Council

· Lack of buy in from the Community, industry and elected representatives

· A rushed process may lead to poor decisions and outcomes

· Inability to achieve a “Wagga Wagga” specific documents due to time constraints

Internal / External Consultation

Consultation on the Planning Task Force is considered preliminary to date with consultation taking the form of selected internal consultation and individual interviews with selected industry representation. These sessions were undertaken to understand both an internal and external stakeholder perception of what was to be achieved by the Planning Task Force. This consultation was used as a basis of conversation at a workshop with Councillors held on the 18 May 2016 where Councillors also provided details of their expectations of the Planning Task Force.

As identified previously in this report Council consider stakeholder and industry consultation and important part of the process and will provide a communication and engagement plan to run alongside the project.

Report submitted to the Ordinary Meeting of Council on Monday 30 May 2016. RP-10

RP-10 PLANNING PROPOSALS FOR LAND AT INGLEWOOD ROAD GUMLY GUMLY AND 77 OLD NARRANDERA ROAD AND 17 RIVER ROAD, GOBBAGOMBALIN

Author: Rankin, Liz

Recommendation

That Council in line with the recommendations of the Wagga Wagga Spatial Plan 2013-2043, defer consideration of land identified as potential urban land and potential intensification until the relevant strategic work is completed by the Planning Task Force.

Executive Summary

At the March 2016 Policy and Strategy Committee meeting Council was presented with a report that proposed deferring consideration of land identified in the Spatial Plan as “potential urban land” and “potential intensification” until a residential strategy is completed.

Council resolved to defer a decision until 26 April 2016 Ordinary Council meeting. The reason for deferring consideration of this matter was to give time to staff to prepare a timeline and project plan for a comprehensive review of planning documents as a requirement of the proposed Planning Taskforce.

Whilst this matter was not considered at the April 26 meeting, the matter is now being proposed for consideration.

Report

Council has received two (2) applications to amend the Wagga Wagga Local Environmental Plan 2010 (WWLEP) for the following areas:-

· Inglewood Road, Gumly Gumly

· 77 Old Narrandera Road and 17 River Road, Gobbagombalin

Both areas are identified in the Wagga Wagga Spatial Plan 2013-2043 (WWSP) as potential urban areas subject to a residential strategy being undertaken to determine release timeframes and density.

Pre-lodgement meetings were held with both applicants and advice was provided in line with the WWSP recommendations to await the outcomes of any further strategic planning before submitting an application to Council.

Without the strategic analysis behind it, it is difficult to determine whether the proposals to rezone are timely and whether the proposed lot sizes will meet the likely future demand for residential development in the city. In addition, an evidenced based approach is required to determine the likely future need for both physical (roads, drainage, water and sewer) infrastructure as well as social infrastructure in the proposed locations.

As identified in the Spatial Plan 2013 20 separate areas across diverse parts of the city were identified as having potential for development. Council needs to look at all this land in a holistic way to determine which areas need to be rezoned to meet housing demand for the next 20 years. Care is needed to ensure that an objective approach to rezoning individual land parcels is taken.

The organisation has a newly established Planning Taskforce who has been tasked with preparing a project plan/s and timelines for the review of a range of council planning instruments, including the Wagga Wagga LEP 2010, The Wagga Wagga DCP 2005 and 2010 and the S94 Contributions Plan.

At a workshop on 17 May 2016, the taskforce officer’s workshopped with councillors, the councillors own intent or expectations, of a review process of the review process. The outcomes of that workshop and some options for timelines and processes are to be presented at this council meeting and should be read in conjunction with this report.

The Planning Proposals

Inglewood Road, Gumly Gumly

The site comprises of 228 hectares and is owned by eight (8) land owners. The proposal is to rezone the land from RU1 Primary Production to R5 Large Lot Residential and to amend the minimum lot size map to permit lots of 6,500 sqm and 2 hectare.

77 Old Narrandera Road and 17 River Road, Gobbagombalin

The planning proposal is to rezone the land from RU1 Primary Production to R1 General Residential and R5 Large Lot Residential. Approximately 33.5 hectares of land is being proposed R1 General Residential and 25.5 hectares R5 Large Lot Residential.

Considerations

Wagga Wagga Spatial Plan 2013 – 2043

Both areas are identified in the WWSP as ‘potential urban areas’ with the recommendation for Inglewood Road being that ‘The zone and minimum lot size will be considered after the outcomes of the residential study are known’ and the recommendation for Gobbagombalin being that ‘Prior to rezoning, constraints of the site must be identified and avoided to ensure the constrained land remains as a rural zone.’ Both items require the completion of the residential study to be complete prior to consideration of any zone or lot size changes.

These outcomes are contingent on the proposed timeline and scope of works for the planning taskforce.

Integrated Strategic Planning

Officers have previously recommended that council take an overarching and integrated approach to planning the city. It has been suggested that a growth strategy approach be taken whereby key issues such as residential development, open space, recreation and community facilities planning are integrated.

Background technical analysis for this approach has begun however council will be advised by the Planning taskforce and required to make a determination as to a time frame and project plan for the review of planning I the city. In addition, the city wide Integrated Transport Strategy is progressing. This work will also inform decisions about future residential growth. These strategies need to be completed to ensure that decisions regarding the rezoning of future residential, open space and recreational land are objective, are informed by the best technical analysis and are guided by a vision and principles for the growth of the city.

Other Considerations:

Inglewood Road, Gumly Gumly

· Fragmented parcel of land between an RU1 Primary Production area and an R5 Large Lot area.

· Overland Flooding

· Ground water salinity

· Reticulated sewer

· Preservation of a road corridor to the airport precinct

· The Masterplan considering revised flood modelling

· Proximity to airport and flight paths

77 Old Narrandera Road and 17 River Road, Gobbagombalin

· APA NSW gas pipeline and buffer

· Riverine flooding

· Use of land for agricultural purposes

Should council determine to defer consideration of the two planning proposals the respective applicants could choose to withdraw their applications pending the outcomes of a residential growth strategy for the city. The applicants will be eligible for a refund of all relevant fees minus the initial assessment fee.

The applicants can alternately leave the proposals with council to be considered and included in any proposed amendment once the residential/growth strategy has been determined by council.

Budget

As a result of this report, income received as part of application fees will be refunded to the respective applicants.

Policy

Wagga Wagga Local Environmental Plan 2010.

Impact on Public Utilities

Deferring the consideration of the applications will ensure adequate plans are in place to service the subject sites if identified as growth areas in the Growth Strategy.

Link to Strategic Plan

4. We have a sustainable natural and built environment

4.2 We plan for resilient and sustainable built environments

QBL Analysis

	Positive	Negative
Social	The planning proposals have the potential to provide increased residential development in the Wagga Wagga LGA.	Due consideration needs to be given to the requirement for and staging of the provision of social and physical infrastructure before rezoning more land for residential development. Due consideration needs to be given to the likely future housing needs of the city for the next 30 years (density, lot mix, proximity to serves etc.)
Environmental	Needs further assessment.	Both areas are affected by flooding issues. Needs further assessment and should be informed by the flood risk management plans that are being prepared.
Economic	Needs further assessment. There is a risk that without proper planning the cost burden to the community of inappropriate zoning may out weight the benefits of new development.	Council needs to plan properly for its residential growth in order to ensure the efficient use of infrastructure. Assessment of the desired direction of growth for the city (whether it is north or south) needs to be determined based on an evaluation of the availability of infrastructure. The cost of the provision of large lot residential in terms of asset management needs to be considered.
Governance	By deferring the assessment of these proposals council will give itself the time to consider adequately the rezoning of all land that was identified in the Spatial Plan for further rezoning. This is an equitable and fair approach, rather than favouring some landholders over others.	The applicant has a right of appeal to the Department of Planning and Environment (pre gateway review process). If supported by the Department, the Southern Joint Regional Planning Panel will become the determining authority.

Risk Management and Work Health and Safety Issues for Council

No specific issues identified.

Internal / External Consultation

The internal LEP Working Group considered both applications and raised a number of concerns. Concerns raised by the working group and advice in line with the recommendations of the WWSP were conveyed to the applicants prior to the applications being received.

A rural-residential vacant land supply and demand study was prepared for the Inglewood Road proposal. However this has not been assessed in detail as further strategic work is required to determine whether R5 is even the most appropriate density for that area, this should be the subject of the residential/growth strategy.

Attachments

1 ⇩.	Application to Amend LEP - Inglewood Road Gumly Gumly - Provided under separate cover
2 ⇩.	Inglewood Road Master Planning Report - Provide under separate cover
3 ⇩.	Inglewood Road Preliminary Site Investigation - Provided under separate cover
4 ⇩.	Inglewood Road Subdivision & Infrastructure Services Report - Provided under separate cover
5 ⇩.	Inglewood Road - Opteon Supply & Demand Study - Provided under separate cover
6 ⇩.	Application to Amend LEP - 77 Old Nrrandera Road & 17 River Road Gobbagombalin - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Monday 30 May 2016. M-1

Committee Minutes

M-1 FLOODPLAIN RISK MANAGEMENT ADVISORY COMMITTEE MINUTES

Author: Fenwick, Alex

General Manager: Eldridge, Alan

Recommendation

That Council:

a receive and note the minutes of the Floodplain Risk Management Advisory Committee Meeting held on 28 April 2016

b request a report that provides options on placing a moratorium on, or limiting new applications for, development on the floodplain until the revision of the Floodplain Risk Management Study and Plan is completed

Report

The Floodplain Risk Management Advisory Committee met on 28 April 2016.

The minutes of the meeting are attached for Councillors' reference.

In response to the Floodplain Management Committee report RP- 2 PRESENTATION FROM WMA WATER - FLOODPLAIN RISK MANAGEMENT STUDY AND PLAN PROJECT the following recommendation was made by the committee:

That the committee:

a receive and note the report

b that Council request a report that provides options on placing a moratorium on, or limiting new applications for, development on the floodplain until the revision of the Floodplain Risk Management Study and Plan is completed.

The Floodplain Risk Management Advisory Committee has recommended that Council seek a report on options available to place a moratorium on further development on the floodplain, or to limit development on the floodplain, until such time as the revision of the Wagga Wagga Floodplain Risk Management Study and Plan has been completed.

During the presentation from WMA Water, concerns were raised by members of the community present at the meeting about the impact of cumulative development on the floodplain. This has been a common theme raised during recent community engagement campaigns on flooding and flood related projects.

The intention of the recommendation is to explore what options may be available to limit cumulative flood impact associated with development on the floodplain until such time as the revised Floodplain Risk Management Study and Plan is adopted and actions relating to development on the floodplain are implemented.

The revision of the Floodplain Risk Management Study and Plan will investigate the impact of cumulative development of flood behaviour and make recommendations on appropriate actions to minimise, mitigate and control any impacts identified.

Budget

N/A

Policy

N/A

Impact on Public Utilities

N/A

Link to Strategic Plan

1. We are an engaged and involved community

1.1 We are a community that is informed and involved in decisions impacting us

QBL Analysis

	Positive	Negative
Social	Protection of the community against flooding, providing an environment safe from flooding.	N/A
Environmental	Protection against flooding, informed decisions made about activities occurring on the floodplain.	N/A
Economic	Protection of the urban area from flooding and the potential loss of property and associated damages.	N/A
Governance	Delivering the action items as contained in the adopted Floodplain Risk Management Plan.	N/A

Risk Management and Work Health and Safety Issues for Council

No specific issues identified.

Internal / External Consultation

The committee is represented by Councillors, Community, State agencies and Council staff.

Attachments

1 ⇩.

Minutes - meeting held 28 April 2016