Ordinary Meeting of
Council
To be held on
Monday
26 September 2016
AT 6.00pm
Cnr Baylis and Morrow Streets,
Wagga Wagga NSW 2650
PO Box 20, Wagga Wagga
Phone: 1300 292 442
Fax: 02 6926 9199
Website: www.wagga.nsw.gov.au
NOTICE OF MEETING
In pursuance of the provisions of the Local Government Act, 1993 and the Regulations there under, notice is hereby given that an Ordinary Meeting of the Council of the City of Wagga Wagga will be held in the Council Chamber, Civic Centre, Corner Baylis and Morrow Streets, Wagga Wagga, on Monday 26 September 2016 at 6.00pm.
Mr Alan Eldridge
General Manager
WAGGA WAGGA CITY COUNCILLORS
COUNCIL MEETING ROOM
Reports submitted to the Ordinary Meeting of Council to be held on Monday 26 September 2016.
Ordinary Meeting of Council AGENDA AND BUSINESS PAPER
Monday 26 September 2016
ORDER OF BUSINESS:
CLAUSE PRECIS PAGE
PRAYER 3
ACKNOWLEDGEMENT OF COUNTRY 3
COUNCILLOR’S OATH OF OFFICE 3
PROCEDURAL MOTIONS
MM-1 ELECTION OF MAYOR AND DEPUTY MAYOR 4
MM-2 ELECTION OF MEMBERS TO RIVERINA WATER COUNTY COUNCIL 11
APOLOGIES 16
CONFIRMATIONS OF MINUTES 16
CM-1 ORDINARY COUNCIL MEETING - 29 AUGUST 2016
DECLARATIONS OF INTEREST 16
Motions Of Which Due Notice Has Been Given
NOM-1 NOTICE OF MOTION - CALL FOR DIVISON 167
Reports from Staff
RP-1 DELEGATION OF AUTHORITY TO THE MAYOR 18
RP-2 DELEGATION OF AUTHORITY TO THE GENERAL MANAGER 23
RP-3 COUNCILLORS' AND MAYORAL REMUNERATION 26
RP-4 COUNCIL MEETING DATES OCTOBER 2016 - DECEMBER 2016 28
RP-5 2016 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE - ELECTION OF DELEGATES 31
RP-6 POL 025 - PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS 37
RP-7 REDUCTION IN FINANCIAL ASSISTANCE GRANT - 2016/17 83
RP-8 FINANCIAL PERFORMANCE REPORT AUGUST 2016 92
RP-9 EXTENSION OF AUDIT AND RISK COMMITTEE MEMBERSHIP 104
RP-10 EXTENSION OF PUBLIC ART ADVISORY PANEL MEMBERSHIP 106
RP-11 SECTION 356 DONATION REQUEST CSU PHOTOGRAPHY GRAD SHOW 108
RP-12 SECTION 356 DONATION - ASPECT RIVERINA 112
RP-13 PROPOSED CREATION OF AN ESSENTIAL ENERGY EASEMENT OVER LOT 1 DP 535470 AT WAGGA WAGGA 115
RP-14 PROPOSED ADDITION TO CROWN RESERVE 1029848 AT TARCUTTA 122
Confidential Reports
CONF-1 PROPOSED ACQUISITION OF EASEMENTS TO DRAIN SEWERAGE 125
CONF-2 SECTION 356 DONATION REQUEST - CEMETERY FEES 126
QUESTIONS/BUSINESS WITH NOTICE 127
COUNCILLOR’S OATH OF OFFICE
Councillors as a group will read the Oath of Office outlined below.
I _______________________________ swear that I will undertake the duties of the office of Councillor in the best interests of the people of Wagga Wagga Local Government area and the Wagga Wagga City Council and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgment.
Upon reading the Oath of Office, each Councillor will immediately sign the Oath in the presence of the gallery.
Report submitted to the Ordinary Meeting of Council on Monday 26 September 2016. PM-1
PM-1 ELECTION OF MAYOR AND DEPUTY MAYOR
Author: Priest, Christine
Director: Richardson, Craig
That Council conduct the election of the Mayor and Deputy Mayor by the voting method determined by Council for the two year period from September 2016 to September 2018. |
Report
The purpose of this report is to facilitate the election of the Mayor and Deputy Mayor. In the case of the Council of the City of Wagga Wagga, the Mayor is to be elected by the Councillors from among the Councillors (Section 227). The Councillor elected as Mayor at this meeting will hold that office for a period of two (2) years, until the next Mayoral election in September 2018 (Section 230(1)).
Section 225 of the Local Government Act 1993 (the Act) requires Council to have a Mayor who is elected in accordance with the provisions of the Act. The election must be held within three (3) weeks of the ordinary election (Section 290 (1a)).
In accordance with the provisions of Section 231(2) of the Act, the Council may elect one (1) of its members to act as Deputy Mayor either for the Mayoral term or for a shorter term as may be resolved by the Council. Further, the Deputy Mayor may exercise any function of the Mayor, at the request of the Mayor or if the Mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the office of the Mayor.
The election provisions of Part 11 of the Local Government (General) Regulation 2005 also relate to the Deputy Mayor.
Role of the Mayor
Section 226 of the Act prescribes that the role of the Mayor is:
• to exercise, in cases of necessity, the policy-making functions of the governing body of the Council between meetings of the Council
• to exercise such other functions of the Council as the Council determines
• to preside at meetings of the Council
• to carry out the civic and ceremonial functions of the mayoral office
Election of Mayor – September 2016 to September 2018
The procedure to be followed for the election of Mayor is outlined in Schedule 7 of the Local Government (General) Regulation 2005, and is reproduced hereunder:
Part 1 - Preliminary
Returning Officer
1. The General Manager (or a person appointed by the general manager) is the returning officer.
Councillors are advised that in accordance with Schedule 7 Part 1 (1) of the Local Government (General) Regulations 2005, the General Manager has appointed the Director Corporate Services as the Returning Officer for the election of Mayor and Deputy Mayor.
Nomination
2. (1) A Councillor may be nominated without notice for election as Mayor or Deputy Mayor.
(2) The nomination is to be made in writing by two (2) or more Councillors (one (1) of whom may be the nominee). The nomination is not valid unless the nominee has indicated consent to the nomination in writing.
(3) The nomination is to be delivered or sent to the Returning Officer.
(4) The Returning Officer is to announce the names of the nominees at the council meeting at which the election is to be held.
Election
3. (1) If only one (1) Councillor is nominated, that Councillor is elected.
(2) If more than one (1) Councillor is nominated, the council is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot or by open voting.
(3) The election is to be held at the council meeting at which the council resolves on the method of voting.
(4) In this clause:
"ballot" has its normal meaning of secret ballot.
"open voting" means voting by a show of hands or similar means.
Part 2 - Ordinary ballot or open voting
Application of Part
4. This Part applies if the election proceeds by ordinary ballot or by open voting.
Marking of ballot-papers
5. (1) If the election proceeds by ordinary ballot, the Returning Officer is to decide the manner in which votes are to be marked on the ballot-papers.
(2) The formality of a ballot-paper under this Part must be determined in accordance with clause 345 (1) (b) and (c) and (6) of this Regulation as if it were a ballot-paper referred to in that clause.
(3) An informal ballot-paper must be rejected at the count.
Count-2 candidates
6. (1) If there are only two (2) candidates, the candidate with the higher number of votes is elected.
(2) If there are only two (2) candidates and they are tied, the one elected is to be chosen by lot.
7. (1) If there are three (3) or more candidates, the one with the lowest number of votes is to be excluded.
(2) If three (3) or more candidates then remain, a further vote is to be taken of those candidates and the one with the lowest number of votes from that further vote is to be excluded.
(3) If, after that, three (3) or more candidates still remain, the procedure set out in subclause (2) is to be repeated until only two (2) candidates remain.
(4) A further vote is to be taken of the two (2) remaining candidates.
(5) Clause 6 of this Schedule then applies to the determination of the election as if the two (2) remaining candidates had been the only candidates.
(6) If at any stage during a count, under subclause (1) or (2), two (2) or more candidates are tied on the lowest number of votes, the one excluded is to be chosen by lot.
Part 3 - Preferential Ballot
Application of Part
8. This Part applies if the election proceeds by preferential ballot.
Ballot-papers and voting
9. (1) The ballot-papers are to contain the names of all the candidates. The councillors are to mark their votes by placing the numbers “1”, “2” and so on against the various names so as to indicate the order of their preference for all the candidates.
(2) The formality of a ballot-paper under this Part is to be determined in accordance with clause 345 (1) (b) and (c) and (5) of this Regulation as if it were a ballot-paper referred to in that clause.
(3) An informal ballot-paper must be rejected at the count.
Count
10. (1) If a candidate has an absolute majority of first preference votes, that candidate is elected.
(2) If not, the candidate with the lowest number of first preference votes is excluded and the votes on the unexhausted ballot-papers counted to him or her are transferred to the candidates with second preferences on those ballot-papers.
(3) A candidate who then has an absolute majority of votes is elected, but, if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the lowest number of votes and counting each of his or her unexhausted ballot-papers to the candidates remaining in the election next in order of the voter’s preference is repeated until one (1) candidate has received an absolute majority of votes. The latter is elected.
(4) In this clause, "absolute majority", in relation to votes, means a number that is more than one-half of the number of unexhausted formal ballot-papers.
11. (1) If, on any count of votes, there are two (2) candidates in, or remaining in, the election and the numbers of votes cast for the two (2) candidates are equal, the candidate whose name is first chosen by lot is taken to have received an absolute majority of votes and is therefore taken to be elected.
(2) If, on any count of votes, there are three (3) or more candidates in or remaining in the election and the numbers of votes cast for two (2) or more candidates are equal and those candidates are the ones with the lowest number of votes on the count of the votes the candidate whose name is first chosen by lot is taken to have the lowest number of votes and is therefore excluded.
Part 4 - General
Choosing by lot
12. To choose a candidate by lot, the names of the candidates who have equal numbers of votes are written on similar slips of paper by the Returning Officer, the slips are folded by the Returning Officer so as to prevent the names being seen, the slips are mixed and one is drawn at random by the Returning Officer and the candidate whose name is on the drawn slip is chosen.
Result
13. The result of the election (including the name of the candidate elected as Mayor or Deputy Mayor) is:
(a) to be declared to the Councillors at the council meeting at which the election is held by the Returning Officer, and
(b) to be delivered or sent to the Director-General and to the Secretary of the Local Government and Shires Association
Having regard to the above, Councillors are required to determine the method of voting for the election of the Mayor and Deputy Mayor. The method of voting options available to Councillors are the following of which one (1) is to be chosen:
· Open Voting
· Ordinary Ballot
· Preferential Ballot
In addition, it is also recommended that the result of the counts for both the Mayoral and Deputy Mayoral elections be made known to the meeting by the Returning Officer at the completion of each of the elections.
Election of Deputy Mayor – September 2016 to September 2018
It has been Council’s normal practice to elect a Deputy Mayor for the same Mayoral term, immediately following the election of the Mayor.
Nomination papers for the Mayor and Deputy Mayor are attached and have previously been distributed to Councillors. Nomination papers are to be delivered or sent to the Returning Officer (Director Corporate Services) prior to the commencement of the Council Meeting to be held on Monday, 26 September 2016 at 6.00pm.
Conclusion
It is necessary for the Council, at this meeting, to make certain decisions relating to the election of a Mayor and Deputy Mayor for the two year period from September 2016 to September 2018.
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 |
To facilitate a transparent and accountable election process for the election of the Mayor and Deputy Mayor. |
N/A |
Risk Management and Work Health and Safety Issues for Council
No specific issues identified.
Internal / External Consultation
N/A
1⇩. |
Mayoral Nomination Form 2016 |
|
2⇩. |
Deputy Mayor Nomination Form |
|
PM-2 ELECTION OF MEMBERS TO RIVERINA WATER COUNTY COUNCIL
Author: Priest, Christine
Director: Richardson, Craig
That Council: a note that in accordance with the Local Government (General) Regulations 2005, the General Manager has appointed the Director of Corporate Services as the Returning Officer for the election of members to Riverina Water County Council b note that in the event of there being more than five (5) candidates for the Riverina Water County Council, an election will be held in accordance with Clause 396 (Schedule 9) of the Local Government (General) Regulation 2005, and that such election is to be determined by preferential ballot |
Report
In accordance with the provisions of Section 390 of the Local Government Act 1993 (The Act), Wagga Wagga City Council is to elect five (5) Councillors to be members of the Riverina Water County Council for a period of approximately four (4) years, (from October 2016 to the date of the next general Local Government election to be held in September 2020), with such election to be conducted in accordance with Schedule 9 of the Local Government (General) Regulation 2005 (the Regulation).
Schedule 9 of the Regulation states (in part):
1 When elections are to be held
(1) The first ordinary election of members of a county council is to be held within two (2) months of its establishment.
(2) Subsequent ordinary elections are to be held within two (2) months after each ordinary election of Councillors under Part 4 of Chapter 10 of the Act.
4 Returning officer
The General Manager of the constituent council (or a person appointed by that General Manager) is the returning officer.
5 Nomination
(1) A Councillor of the constituent council may be nominated for election as a member of the county council.
NOTE: The RWCC Nomination Form is attached to this report as Attachment 1.
(2) The nomination:
(a) may be made without notice by any Councillor of the council, and
(b) is to be in writing delivered or sent to the returning officer, and
(c) is not valid unless the nominee has indicated consent to the nomination in writing.
(3) The returning officer is to announce the names of the nominees at a council meeting.
6 Election
(1) If the number of candidates nominated is not more than the number of vacancies to be filled, those candidates are to be declared elected.
(2) If there are more candidates nominated than the number to be elected, an election is to be determined by preferential ballot. The ballot is to be conducted by the preparation, marking and counting of ballot-papers in the presence of the council.
7 Ballot-papers and voting
(1) The ballot-papers are to contain the names of all the candidates. The Councillors are to mark their votes by placing the figures 1, 2 and so on against the various names so as to indicate the order of their preference for at least the number of candidates to be elected.
(2) The formality of a ballot-paper under this Part is to be determined in accordance with clause 345 of this Regulation as if it were a ballot-paper referred to in that clause.
(3) An informal ballot-paper is to be rejected at the scrutiny of votes.
8 Count
The votes are to be counted in accordance with Schedule 4 of this Regulation.
NOTE: The count is to be conducted under the optional preferential system. Details of the method of counting are contained in Attachment 2.
9 Result
The result of the election (including the names of the candidates elected as members) is:
(a) to be declared to the Councillors by the returning officer at the council meeting where the election is held, and
(b) to be delivered or sent to the general manager of the county council and the Director-General.
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 |
To facilitate a transparent and accountable election process for the election of Members to Riverina Water County Council. |
N/A |
Risk Management and Work Health and Safety Issues for Council
No specific issues identified.
Internal / External Consultation
N/A
1⇩. |
RWCC Nomination Form 2016 |
|
2⇩. |
Preferential Ballot - Counting |
|
Confirmation of Minutes
CM-1 ORDINARY COUNCIL MEETING - 29 AUGUST 2016
That the Minutes of the proceedings of the Ordinary Council Meeting held on 29 August 2016 be confirmed as a true and accurate record.
|
1⇩. |
Ordinary Council Meeting - 29 August 2016 |
128 |
Motions Of Which Due Notice Has Been Given
NOM-1 NOTICE OF MOTION - CALL FOR DIVISON
Author: Councillor Dallas Tout
That Council receive a report at the October 2016 Ordinary Council Meeting to consider updating the adopted Code of Meeting Practice to reflect automatically recording a division for every resolution over this four year term of the Council. |
Report
This Notice of Motion is brought to Council by Councillor Dallas Tout.
Budget
N/A
Policy
Code of Meeting Practice.
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 Notice of Motion has been lodged in accordance with the provisions contained within Council’s adopted Code of Meeting Practice. |
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 26 September 2016. RP-1
RP-1 DELEGATION OF AUTHORITY TO THE MAYOR
Author: Priest, Christine
Director: Richardson, Craig
That Council delegate the following powers, authorities, duties or functions to the Mayor, as listed below: 1.01 - EXECUTIVE (a) to fulfil the functions of chief elected member of the Council and to perform all duties imposed upon the Mayor under the Local Government Act 1993 (b) to authorise any work which in the Mayor’s opinion is urgent but at a cost not exceeding $30,000 1.02 - COUNCIL MEETINGS (a) to call extraordinary meetings of Council in terms of Council’s Code of Meeting Practice (b) in terms of Council’s Code of Meeting Practice and as Chairperson of Council Meetings and on behalf of the General Manager, to direct questions put to Council employees at Council Meetings directly to the employee concerned 1.03 - POLICY MAKING FUNCTIONS To exercise, in cases of necessity, the policy making functions of the governing body of the Council between meetings of the Council (Statutory function under Section 226). 1.04 - LEGAL When considered necessary by the Mayor, to request the General Manager to obtain legal advice or legal representation in any matter in which the Council is or may become involved. 1.05 - CONFERENCES, SEMINARS, MEETINGS AND COURSES (a) To approve jointly with the General Manager, the attendance of Councillors at any seminar, conference, meeting or course, provided that: (i) such delegation shall not be exercised if there is a prior Council meeting at which the attendance might be considered allowing sufficient time for registration, arrangements, etc (ii) provision has been made for such expenditure in the Council’s budget. (iii) such seminar, conference etc is for one (1) day or less and does not involve an overnight stay. (b) To attend to Council business as considered necessary by the Mayor both within and outside of Council boundaries with reasonable expenses to be reimbursed by Council. 1.06 – MEMBERSHIP BY CONSTITUTION, RESOLUTION OR AGREEMENT To be the Council’s Delegate/Member of: · NSW Country Mayors’ Association · Riverina Eastern Regional Organisation of Councils (REROC) · NSW Inland Forum · Riverina Regional Cities · Regional Capitals Australia 1.07 - CIVIC FUNCTIONS To carry out the civic and ceremonial functions of the office of Mayor (Statutory function under Section 226). 1.08 - CIVIC RECEPTIONS To approve and tender Civic Receptions where the Mayor considers it appropriate and the period for arranging the reception does not permit time for a decision to be made by the Council. 1.9 - CITIZENSHIP To perform Citizenship Ceremonies and present Certificates of Australian Citizenship as provided by the relevant Act. 1.10 - GENERAL MANAGER (a) To undertake an annual review of the performance of the General Manager in relation to the General Manager’s contract, as a member of the General Manager’s Review Committee along with at least two (2) other Councillors, in terms of the Local Government Act 1993, Council’s policies, decisions and delegations. (b) To approve of Annual Leave, Sick Leave, Special Leave or Study Leave for the General Manager in terms of the provisions of the General Manager's Contract of Employment with the Council. 1.11 - MEDIA To respond to media enquiries in consultation with the General Manager on matters relating to the representative Council, decisions of Council, the community and Wagga Wagga Local Government Area in accordance with Councils media policy
1.12 - HONOURS COMMITTEE To exercise Council’s powers, duties and authorities contained in the Legislation to receive, consider and grant Council and City Honours to a person and groups. |
Report
Wagga Wagga City Council (Council) has, in the past, delegated authority to the Mayor for certain functions. This is considered to be both appropriate and necessary to ensure the position of Mayor has the relevant authority to undertake the role effectively and in the best interests of the community.
In accordance with Section 377 of the Local Government Act 1993 (the Act), a Council may delegate functions, other than those specified and exempted under that Section, to any person or body as below:
377 General power of the council to delegate
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 Department’s Chief Executive except as provided by the instrument of delegation to the council.
The delegations included in the recommendation reflect the current delegations of the Mayor and are in addition to the functions prescribed under Section 226 of the Act which states that the role of the Mayor is to:
• exercise, in cases of necessity, the policy-making functions of the governing body of the council between meetings of the council
• exercise such other functions of the council as the council determines
• preside at meetings of the council
• carry out the civic and ceremonial functions of the mayoral office.
In accordance with the roles, previous delegations and consistent with legislation, it is recommended that the powers, authorities, duties and functions listed above be delegated to the Mayor.
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 |
To ensure the position of Mayor has the appropriate delegations necessary to undertake the position and lead the Council accordingly. |
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 26 September 2016. RP-2
RP-2 DELEGATION OF AUTHORITY TO THE GENERAL MANAGER
Author: Priest, Christine
Director: Richardson, Craig
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 Determination of any development application, which relies on exceptions to development standards under Section 4.6 of the Wagga Wagga Local Environmental Plan 2010 that is required to be referred to Council for determination in accordance with any directive issued by the Department of Planning and Environment b Development applications submitted either as applicant or landowner by Councillors, senior officers or staff with delegations in accordance with Council policy c Those functions or matters which are required to be exercised ‘by resolution’ of the Council |
Report
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 Departmental Chief Executive 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.
Budget
N/A
Policy
POL 060 Delegations 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 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 26 September 2016. RP-3
RP-3 COUNCILLORS' AND MAYORAL REMUNERATION
Author: Priest, Christine
Director: Richardson, Craig
That Council determine to pay the Councillors' allowance and Mayoral allowance at the maximum allowable level within the range determined annually by the NSW Local Government Remuneration Tribunal for the current term of the Council. |
Report
The Local Government Remuneration Tribunal is constituted under Chapter 9, Division 4 of the Local Government Act 1993 (the Act). The Tribunal is responsible for categorising councils, county councils and mayoral offices to determine the maximum amounts of fees to be paid to councillors, members of county councils and mayors in each category. The Tribunal is required to make a determination by no later than 1 May each year and make a report to the Minister within seven days of making that determination. The Report is to be published in the Government Gazette and also laid before each House of Parliament.
At the Council Meeting of 24 September 2012, Council resolved (12/272)
“That Council determine to pay the Councillors' allowance and Mayoral allowance at the maximum allowable level within the range determined annually by the NSW Local Government Remuneration Tribunal for the current term of the Council.”
As this resolution was specific to the previous term of the Council which expired on 10 September 2016, it is appropriate for Council to again consider the level of remuneration within the allowable range.
The current range permitted to be paid to a Regional Rural Councillor is $8,540 minimum and $18,840 maximum. The range for the Mayoral allowance is $18,180 minimum and $41,090 maximum. These levels were determined in May 2016 and effective from 1 July 2016 until 30 June 2017.
Council may resolve under Section 248 of the Act to set an amount within the allowable range for the entire term of this Council or it may determine the amount annually after the NSW Remuneration Tribunal has published its report. The latter option provides opportunity for debate and discussion on an annual basis or alternatively Council may only wish to debate this matter once during the current term of the Council.
Budget
Council’s budget currently provides for payment of the Councillors and the Mayor at the maximum levels determined by the NSW Remuneration Tribunal.
Project Name & Component |
Existing Budget |
Expenditure / Committed to Date |
Proposed Budget Variation |
Effect on LTFP
|
Councillors Allowance |
$153,609 |
$24,515 |
N/A |
N/A |
Mayoral Allowance |
$41,624 |
$5,364 |
N/A |
N/A |
TOTALS |
$195,233 |
$29,879 |
N/A |
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 |
Setting an amount within the allowable range for the term of the Council provides some stability in regards to budgetary allocations and transparency to the community. |
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 26 September 2016. RP-4
RP-4 COUNCIL MEETING DATES OCTOBER 2016 - DECEMBER 2016
Author: Priest, Christine
Director: Richardson, Craig
That Council: a endorse the schedule of Ordinary Council meetings for the period October 2016 to December 2016 as outlined in the report b endorse the schedule of Policy and Strategy Committee meetings for the period October 2016 to December 2016 as outlined in the report c endorse the schedule of Supplementary Council meetings for the period October 2016 to December 2016 as outlined in the report d delegate authority to the General Manager, in consultation with the Mayor, to change a date and/or time of an Ordinary Council, Supplementary Council or Policy and Strategy Committee meeting if deemed appropriate |
Report
Council is required under Section 365 of the Local Government Act 1993 to meet at least 10 times each year, each time in a different month. Council, at the 26 October 2015 Council Meeting, adopted meeting dates up to and including September 2016.
In accordance with established practice, Council Meetings are generally scheduled for the fourth Monday of each month, although some do fall on the fifth Monday of the month. Meeting dates in December are brought forward to accommodate for Christmas.
Council Meeting Dates
Outlined below are the proposed Ordinary Council Meeting dates for the period October 2016 to December 2016, with a commencement time of 6.00pm:
• Monday, 31 October 2016
• Monday, 21 November 2016
• Monday, 12 December 2016
In addition to the schedule of meetings set out above, Council’s adopted Code of Meeting Practice provides that the Mayor may call extraordinary meetings of the Council under appropriate delegation. Alternatively, two (2) Councillors may also call for an extraordinary meeting if such request is submitted in writing to the Mayor in accordance with Council’s Code of Meeting Practice.
Current Committee Structure
Under clause 260 of the Local Government (General) Regulation 2005, a Council may, by resolution, establish such committees as it considers necessary and further, determine membership. Currently Council operates with a Policy and Strategy Committee structure which considers Council business before it is resolved at a Council meeting.
Policy and Strategy Committee and Supplementary Council Meeting dates
Outlined below are the proposed Policy and Strategy Committee and Supplementary Council Meeting dates for the period October 2016 to December 2016, with a commencement time of 6.00pm:
• Monday, 10 October 2016
• Monday, 7 November 2016
• Monday, 5 December 2016
The Supplementary Council Meeting will commence immediately after the conclusion of the Policy and Strategy Committee Meeting.
The recommendation makes provision for the General Manager, in consultation with the Mayor, to make a decision on the change of a date and/or time for a Council, Supplementary Council and Policy and Strategy Committee meeting. This will enable, where appropriate, changes to be made in a timely manner without the requirement for a report to Council.
Committee structure review
Following consultation and consideration by Councillor’s, a further report will be presented to Council prior to December 2016 recommending Council’s new Committee structure for commencement from January 2017.
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 |
Ensure legislative compliance and facilitate democratic processes so that they occur in a timely and effective manner. |
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 26 September 2016. RP-5
RP-5 2016 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE - ELECTION OF DELEGATES
Author: Priest, Christine
Director: Richardson, Craig
That Council nominate three Councillor delegates to attend with the Mayor the Local Government NSW Annual Conference to be held in Wollongong from Sunday 16 October to Tuesday 18 October 2016. |
Report
Council at its Supplementary Council Meeting held 8 August 2016 resolved to endorse the Mayor and three (3) Councillors to attend the 2016 Local Government NSW Annual Conference to be held in Wollongong from Sunday 16 to Tuesday 18 October 2016 with Councillors to be nominated and appointed following the Local Government Election held on 10 September 2016.
Council, as a member of Local Government NSW (LGNSW) and under its constitution, has the right to four (4) voting delegates at the conference to be held in Wollongong.
Council is therefore asked to elect the three (3) additional delegates to accompany the Mayor to the LGNSW Conference from Sunday, 16 October to Tuesday, 18 October 2016.
The conference will be held at the WIN Entertainment Centre. Conference registration and accommodation for the Mayor and three (3) delegates has been paid in the name of Wagga Wagga City Council. Accommodation has been secured at the Adina Apartment Hotel, for three (3) nights. Further information will be forwarded to the elected delegates closer to the date.
A copy of the Conference Registration Brochure, containing important information, is attached.
Delegates are asked to consider carpooling, as this appears to be the most appropriate mode of travel to and from Wollongong. Suitable Council vehicles will be made available for delegates’ travel.
Budget
Early Bird registration cost per delegate is $899 (Incl GST). In addition, accommodation cost per delegate will be approximately $687 each for three (3) night's accommodation.
Council Policy POL 025 - Payment of Expenses and Provision of Facilities to Councillors identifies the annual LGNSW Conference as one (1) of four (4) conferences where elected delegates may have their spouse/partner accompany them to the conference.
POL 025 specifies that Council will cover the cost of registration and official conference dinners of the delegate’s spouse/partner. There is no registration cost for spouses/partners for this year’s conference. However, all other expenses incurred by the accompanying person including optional tours, functions and activities shall be the responsibility of the individual Councillor.
If carpooling, travel costs to and from the conference will be minimal.
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
1.1 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 |
Attendance at this conference will enable the sharing of contemporary issues and innovation in local government. It affords Council with an opportunity to be informed and engaged in relation to matters affecting the local government industry. |
N/A |
Risk Management and Work Health and Safety Issues for Council
No specific issues identified.
Internal / External Consultation
N/A
1⇩. |
Draft Program - Local Government NSW Conference 2016 |
|
RP-6 POL 025 - PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS
Author: Priest, Christine
Director: Richardson, Craig
That Council: a receive the draft POL 025 Payment of Expenses and Provision of Facilities to Councillors Policy b endorse the draft POL 025 Payment of Expenses and Provision of Facilities to Councillors Policy and place on public exhibition for a period of 28 days and invite public submissions on the draft policy c receive a further report following the public exhibition period: (i) addressing any submissions made in respect of the proposed policy (ii) proposing adoption of the policy unless there are any recommended amendments deemed to be substantial and requiring a further public exhibition period |
Report
In line with Section 252 of the Local Government Act 1993, POL 025 Payment of Expenses and Provision of Facilities to Councillors Policy has been reviewed for Council’s consideration. This section of the Act has recently been amended with the policy to be adopted by Council within the first 12 months of Office.
As provided for under the Office of Local Government’s (OLG) guidelines, Councillors’ expenses and facilities policies must include all of the specific expenses for which Councillors are entitled to receive reimbursement and all of the specific facilities Councillors are entitled to use. Councillors can only receive reimbursement for expenses and the use of facilities when these are clearly identified in the policy and where they have been incurred in the performance of their civic duties.
The overriding principle addressed in the development of Council’s expenses policy is that the details and range of expenses paid and facilities provided to Councillors by Council are clearly and specifically stated and fully transparent and acceptable to the local community. Policies must include clear limits and processes for approval, reconciliation and reimbursement for all expenses and facilities to maximise accountability and transparency.
Attached to this report is a “marked up” copy of the recommended changes to the Policy. The review of the policy has been undertaken having consideration to the OLG’s guidelines and circulars, ICAC publications, reports, current practices, recommendations and contemporary best practice. It is recommended that the policy be amended with minor rewording and the inclusion of Councillors’ attendance at external body meetings.
It is proposed, that whilst only minor changes are recommended to the Policy, there is a legislative requirement that it be placed on public exhibition for a period of 28 days to provide an opportunity for community comment. After the exhibition period a report will be provided to the next available Council meeting.
Budget
The budget includes provision for the reimbursement of expenses under the various categories detailed in the policy.
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 |
N/A |
N/A |
Risk Management and Work Health and Safety Issues for Council
No specific issues identified.
Internal / External Consultation
N/A
1⇩. |
Draft Payment of Expenses and Draft Provision of Facilities to Councillors Policy |
|
Report submitted to the Ordinary Meeting of Council on Monday 26 September 2016. RP-6
Report submitted to the Ordinary Meeting of Council on Monday 26 September 2016. RP-6
RP-7 REDUCTION IN FINANCIAL ASSISTANCE GRANT - 2016/17
Author: Katsoolis, Craig
Director: Richardson, Craig
That Council: a receive and note the report b submit a motion to Local Government NSW (LGNSW) seeking its support for the removal of the ‘minimum grant’ principle which disadvantages regional cities in the determination of allocations to Councils made by the NSW Grants Commission c endorse the Mayor and General Manager to seek the support from the Hon Michael McCormack and the Hon Daryl Maguire in submitting this motion to LGNSW d endorse the Mayor and General Manager to seek support from the ‘evocity’ Councils in submitting the motion to LGNSW e note and approve the budget variations as detailed in the budget section of the report |
Executive Summary
This report:
· includes the announcement of the 2016/17 allocation made to Council by the NSW Grants Commission resulting in a reduction in the grant payable to the City Of Wagga Wagga
· provides an explanation of the key reasons behind a reduction in funding
· outlines a mechanism for gaining the support of LGNSW in seeking the removal of the ‘minimum grant’ principle applied by the NSW Grants Commission which disadvantages rural and regional cities including the City of Wagga Wagga. The current position of LGNSW is to support the retention of the ‘minimum grant’.
· outlines the budget implications associated with the reduction in grant funding.
Report
The purpose of this report is to advise of a reduction of $362,378 in the Financial Assistance Grant allocation to Council for the 2016/17 financial year.
The Financial Assistance Grant is Commonwealth funding which is directed to Councils via a grants commission which is established in each State. The role of the grants commission is to determine how the overall allocation received from the Commonwealth is apportioned between the 129 Councils. The formula for calculating the apportionment is complex and includes a number of factors including population, area, local road length, total land values, revenue raising capacity and disability factors such as remoteness.
This single grant represents approximately 10% of Council’s overall operating income and therefore any percentage change in the allocation will have a significant impact on Council’s overall budget and therefore its ability to fund the ongoing provision of services and facilities to the community.
Attached is a letter from the NSW Government Grants Commission dated 15 August 2016 which details the 2016/17 estimated Financial Assistance Grant entitlement for Wagga Wagga City Council.
The 2016/17 Financial Assistance Grant consists of two components:
1. $6,580,888 - General purpose component unfavourable budget variation of ($352,930) to the 2016/17 adopted Wagga Wagga City Council budget
2. $3,028,963 - Local roads component unfavourable budget variation of ($9,448) to the 2016/17 adopted Wagga Wagga City Council budget
The Grants Commission note in their letter:
“You are reminded that as part of the 2014-15 Federal Budget the Government announced that it “ will achieve savings of $952.2 million over the four years by pausing indexation of the Local Government Financial Assistances Programme for three years commencing 1 July 2014. Accordingly there will be no significant changes to the overall national funding pool until at least the 2017-18 year.
It should be noted that the general purpose component of the grants is allocated to the States on a population basis. This will mean the NSW share of the general purpose component grant will change during the period of paused indexation because of annual changes in population growth relativities across jurisdictions.
The grants to individual councils will continue to fluctuate during this period as the Grants Commission makes its annual assessment of relative need.”
Council officers have contacted the NSW Grants Commission for further clarification regarding the City of Wagga Wagga’s reduced grant payments for 2016/17. It seems a major factor in the reduction is the assessment of ‘relative need’ and strategy to direct additional funding to small rural and remote Councils. Whilst this is a commendable strategy it has resulted in a reduction in allocations for larger regional Councils including Wagga Wagga and Albury rather than the Sydney metropolitan Councils which mostly receive funding under the ‘minimum grant’ policy.
The ‘minimum grant’ policy is assessed on a population per capita basis which takes priority over the ‘relative need’ assessment. This results in many metropolitan Councils receiving more grants funding than they otherwise would if they were assessed on the same basis as other Councils. This problem will be exacerbated in the future as more and more Council’s reach the ‘minimum grant’ level.
The ‘minimum grant’ is a policy direction from the Commonwealth Grants Commission which the NSW Grants Commission would prefer to see changed but they are unwilling to lobby on this change without industry support from Local Government NSW (LGNSW). The current position of LGNSW is to support the retention of the minimum grant.
Attached to this report is a copy of LGNSW’s March 2013 submission to Commonwealth Grants Commission’s Review into Improving the Impact of Financial Assistance Grants on Local Government Financial Sustainability which notes LGNSW support of the retention of the minimum grant principle.
This position benefits 21 of the 29 metropolitan Councils who receive the minimum grant but disadvantages the regional cities who are in effect funding the bulk of the redistribution of funding to small rural and remote Councils.
Council has the opportunity to influence the position of LGNSW by putting forward a motion to the Annual Conference on 18 October 2016. The suggested wording for the motion is as follows:
LGNSW write to the NSW Grants Commission providing its support for the removal of the ‘minimum grant’ and that all allocations be assessed on the basis of ‘relative need’.
Council officers were also advised that in addition to the impact of changes in population growth between Council areas, Council’s additional Road to Recovery Funding for 2016/17 (approximately $1.8M over the usual annual allocation) had been a factor in assessing Council’s overall need position culminating into a reduced General Purpose grant.
Budget
Council’s 2016/17 Financial Assistance Grant budget forecast had been conservatively framed using the actual amount received in 2015/16 as the forecast grant income for 2016/17 due to the freezing of indexation of the grant.
The advised general purpose grant component reduction will provide a significant financial challenge in 2016/17 and for later financial years.
In the future, should the reduced level of funding continue this will have a major impact on Council’s Long Term Financial Plan (LTFP).
To offset the reduced 2016/17 grant reduction, it is proposed to identify savings throughout 2016/17 and continue to report to Council in the Monthly Finance Report.
In framing the 2017/18 budget it is likely that reductions in infrastructure road spending (which has benefited from recent higher levels of Road to Recovery Funding) and other operational areas may be required to reach a balanced budget for 2017/18 and future years in the LTFP.
Project Name & Component |
Existing Budget |
Proposed Budget Variation |
Effect on LTFP -
|
Financial Assistance Grant - General Purpose |
($6,935,084) |
$352,930 |
Yes |
Financial Assistance Grant – Local Roads |
($3,038,411) |
$9,448 |
Yes |
2016/17 Budget Variation - (Favourable) / Unfavourable |
|
$362,378 |
|
The impact on Council’s LTFP for this year’s reduced grant is shown below. A 2% annual indexation assumption has been applied.
Description |
2017/18 |
2018/19 |
2019/20 |
2020/21 |
2021/22 |
2022/23 |
2023/24 |
2024/25 |
2025/26 |
Current LTFP Budgets: |
|||||||||
Financial Assistance Grant - General Purpose |
7,108,462 |
7,286,173 |
7,468,328 |
7,655,036 |
7,846,412 |
8,042,572 |
8,243,637 |
8,449,727 |
8,660,971 |
Financial Assistance Grant – Local Roads |
3,114,371 |
3,192,231 |
3,272,036 |
3,353,837 |
3,437,683 |
3,523,625 |
3,611,716 |
3,702,009 |
3,794,559 |
New Proposed LTFP Budgets: |
|||||||||
Financial Assistance Grant - General Purpose |
(6,713,798) |
(6,848,074) |
(6,985,035) |
(7,124,736) |
(7,267,231) |
(7,412,575) |
(7,560,827) |
(7,712,043) |
(7,866,284) |
Financial Assistance Grant – Local Roads |
(3,089,542) |
(3,151,333) |
(3,214,360) |
(3,278,647) |
(3,344,220) |
(3,411,104) |
(3,479,327) |
(3,548,913) |
(3,619,891) |
Total Budget Variation - (Favourable) / Unfavourable |
419,493 |
478,997 |
540,969 |
605,490 |
672,644 |
742,518 |
815,199 |
890,780 |
969,354 |
Policy
POL 052 Budget Policy.
This Policy requires the identification of a funding source associated with all variations to the adopted budget.
In this instance, the significant variation was unplanned and outside the control of Council. It will therefore require additional time to identify the areas of Council’s budget which will need to be adjusted to fund this variation.
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 |
A reduction in the General Purpose Grant Component may impact on the provision of Social Services by Council in the future. |
Environmental |
N/A |
A reduction in the General Purpose Grant Component may impact on the provision of Environmental Services by Council in the future. |
Economic |
N/A |
A reduction in the General Purpose Grant Component may impact on the provision of Economic Services by Council in the future. |
Governance |
N/A |
N/A |
Risk Management and Work Health and Safety Issues for Council
No specific issues identified.
Internal / External Consultation
Discussions were undertaken with the NSW Grant Commission.
1⇩. |
NSW Grants Commission - 2016-17 Financial Assistance Grant |
|
2⇩. |
LGNSW - March 2013 Submission - Financial Assistance Grants Review |
|
RP-8 FINANCIAL PERFORMANCE REPORT AUGUST 2016
Author: Rodney, Carolyn
Director: Richardson, Craig
That Council: a approve the variations to the 2016/17 original budget for the month ended 31 August 2016 and note the forecast deficit budget of ($351K) 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 31 August 2016 |
Executive Summary
· The August 2016 budget variations have resulted in a decrease to the balanced budget that was reported in the July 2016 monthly report to a deficit of ($351K) for the 2016/17 financial year. The unfavourable adjustment is attributable to the final Grants Commission advice being received for the 2016/17 Financial Assistance Grants (FAGs).
· Council experienced a positive monthly investment performance for the month of August and is currently tracking on budget for the full financial year
Report
OPERATING INCOME
Total operating income is 17% of approved budget which is on track to budget for the end of August (this percentage excludes capital grants and contributions). An adjustment has been made to reflect the levy of rates which occurred at the start of the financial year. Excluding this adjustment, operating income received is 63%.
OPERATING EXPENSES
Total operating expenditure is 17% of approved budget and is overall tracking to budget for the full financial year.
CAPITAL INCOME
Total capital income is 2% of approved budget. Please note that the actual income from capital is influenced by the timing of the receipt of capital grants and contributions relating to the project.
CAPITAL EXPENDITURE
Total capital expenditure including commitments is 32% of approved budget. This is due to the commitments being raised for Bomen Enabling Roads and land purchases of $26 million.
WAGGA WAGGA CITY COUNCIL |
|||||||
CONSOLIDATED STATEMENT |
|||||||
|
ORIGINAL |
BUDGET ADJ |
APPROVED BUDGET |
YTD ACTUAL EXCL COMMT'S 2016/17 |
COMMT'S 2016/17 |
YTD ACTUAL + COMMT'S |
YTD % OF BUD |
Revenue |
|
||||||
Rates & Annual Charges |
(60,642,286) |
0 |
(60,642,286) |
(11,237,155) |
0 |
(11,237,155) |
19% |
User Charges & Fees |
(23,631,263) |
(10,000) |
(23,641,263) |
(2,891,427) |
33,454 |
(2,857,973) |
12% |
Interest & Investment Revenue |
(3,406,597) |
0 |
(3,406,597) |
(756,054) |
0 |
(756,054) |
22% |
Other Revenues |
(3,123,096) |
(11,766) |
(3,134,862) |
(512,920) |
0 |
(512,920) |
16% |
Operating Grants & Contributions |
(14,779,516) |
(815,509) |
(15,595,025) |
(2,928,710) |
0 |
(2,927,910) |
19% |
Capital Grants & Contributions |
(34,768,294) |
(15,957,770) |
(50,726,064) |
(1,190,180) |
0 |
(1,190,180) |
2% |
Total Revenue |
(140,351,052) |
(16,795,045) |
(157,146,097) |
(19,516,447) |
33,454 |
(19,482,193) |
12% |
|
|
||||||
Expenses |
|
||||||
Employee Benefits & On-Costs |
42,105,886 |
108,606 |
42,214,492 |
6,352,349 |
49,059 |
6,401,407 |
15% |
Borrowing Costs |
3,953,083 |
(157,682) |
3,795,402 |
(55,150) |
0 |
(55,150) |
-1% |
Materials & Contracts |
2,719,884 |
(24,925) |
2,694,959 |
936,677 |
811,472 |
1,747,349 |
65% |
Depreciation & Amortisation |
32,405,375 |
0 |
32,405,375 |
5,400,896 |
0 |
5,400,896 |
17% |
Other Expenses |
37,495,505 |
3,131,840 |
40,627,345 |
5,524,490 |
1,235,463 |
6,759,953 |
17% |
Total Expenses |
118,679,732 |
3,057,840 |
121,737,572 |
18,159,261 |
2,095,993 |
20,254,454 |
17% |
|
|
||||||
Net Operating (Profit)/Loss |
(21,671,319) |
(13,737,205) |
(35,408,524) |
(1,357,186) |
2,129,447 |
772,261 |
|
|
|
||||||
Cap/Reserve Movements |
|
||||||
Capital Exp - Renewals |
32,117,446 |
6,116,268 |
38,233,714 |
908,433 |
2,481,881 |
3,390,314 |
9% |
Capital Exp - New Projects |
37,678,456 |
8,118,862 |
45,797,318 |
409,297 |
26,444,161 |
26,853,458 |
59% |
Capital Exp - Project Concepts |
8,464,763 |
789,044 |
9,253,807 |
2,351 |
57,258 |
59,609 |
1% |
Loan Repayments |
2,603,821 |
(173,623) |
2,430,198 |
405,033 |
0 |
405,033 |
17% |
New Loan Borrowings |
(13,859,917) |
8,991,975 |
(4,867,943) |
0 |
0 |
0 |
0% |
Sale of Assets |
(4,982,151) |
3,492,451 |
(1,489,700) |
(170,994) |
0 |
(170,994) |
11% |
Net Movements Reserves |
(7,945,724) |
(13,608,747) |
(21,554,471) |
0 |
0 |
0 |
0% |
Total Cap/Res Movements |
54,076,694 |
13,726,229 |
67,802,923 |
1,554,119 |
28,983,300 |
30,537,419 |
45% |
|
|
||||||
Net Result after Depreciation |
32,405,375 |
(10,976) |
32,394,399 |
196,933 |
31,112,747 |
31,309,680 |
|
|
|
||||||
Add back Depreciation Expense |
32,405,375 |
0 |
32,405,375 |
5,400,896 |
0 |
5,400,896 |
|
|
|
||||||
Cash Budget (Surplus)/Deficit |
(0) |
(10,976) |
(10,976) |
(5,203,962) |
31,112,747 |
25,908,784 |
|
Revised budget result - Surplus/(Deficit) |
$’000s |
Original funded budget result as adopted by Council Budget variations approved to date Net Revised Budget Result |
$0 $11K $11K |
Proposed revised budget result as at 31 August 2016 |
($351K) |
The proposed Budget Variations to 31 August 2016 are listed below:
Budget Variation |
Amount |
Funding Source |
Net Impact Fav/ (Unfav) |
||
1 – We are an engaged and involved community |
|||||
Riverside Continuation of Shared Pathways |
$73K |
Riverside Shared Pathways Grant ($73K) |
Nil |
||
Council has been successful with a grant application of $73K from the NSW Government for the Wiradjuri Walking Track Upgrade. This will assist Council to upgrade a 2km section of the walking track from Wiradjuri Bridge to the new wetlands. It is proposed to accept the grant funding and utilise the $150K that has been allocated in concepts to complete the project. |
|
||||
Financial Assistance Grant |
$362K |
|
($362K) |
||
This unfavourable budget variation is separately reported in the September Council Report RP-10 “Reduction in Financial Assistance Grant – 2016/17” which will result in a reported deficit of ($362K) for August 2016. |
|||||
4 – We have a sustainable natural and built environment |
|||||
2016 Keep Australia Beautiful |
$13K |
2016 Keep Australia Beautiful Grant ($13K) |
Nil |
||
Council has been successful in securing funding through the ‘2016 Keep Australia Beautiful, Beverage Container Recycling Community Grants’ program. The $13K in funding will establish public place recycling opportunities for user groups at Jubilee Park to help reduce waste to landfill. |
|
||||
Vehicle Barrier Fencing |
$32K |
Vehicle Barrier Fencing Grant ($32K) |
Nil
|
||
Council has been successful with a grant application for $32K from the NSW Government to build and renew gates and fences on Pomingalarna, Silverlite and Willans Hill Reserves to prevent illegal vehicle activity. |
|||||
SURPLUS/(DEFICIT) |
|
|
($362K) |
||
Current Restrictions
Due to the finalisation of the 2015/16 financial year statements, Reserve balances have not been included in this report and will be presented in September’s Finance report.
Investment Summary as at 31 August 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:
Institution |
Rating |
Closing Balance |
Closing Balance |
August |
August |
Investment |
Maturity |
Term |
Short Term Deposits |
|
|
|
|
|
|
|
|
Police Credit Union |
NR |
1,000,000 |
1,000,000 |
3.02% |
0.94% |
6/06/2016 |
6/12/2016 |
6 |
NAB |
AA- |
1,000,000 |
1,000,000 |
2.96% |
0.94% |
2/06/2016 |
3/01/2017 |
7 |
NAB |
AA- |
1,000,000 |
1,000,000 |
2.90% |
0.94% |
25/07/2016 |
25/01/2017 |
6 |
BOQ |
A- |
2,000,000 |
2,000,000 |
2.98% |
1.88% |
7/12/2015 |
7/12/2016 |
12 |
Bank of Sydney |
NR |
1,000,000 |
1,000,000 |
3.15% |
0.94% |
4/01/2016 |
30/09/2016 |
9 |
CUA |
BBB+ |
1,000,000 |
1,000,000 |
3.15% |
0.94% |
10/02/2016 |
9/02/2017 |
12 |
BOQ |
A- |
1,000,000 |
0 |
0.00% |
0.00% |
12/02/2016 |
12/08/2016 |
6 |
NAB |
AA- |
1,000,000 |
1,000,000 |
3.00% |
0.94% |
23/02/2016 |
25/10/2016 |
8 |
ME Bank |
BBB+ |
1,000,000 |
1,000,000 |
3.10% |
0.94% |
23/02/2016 |
23/02/2017 |
12 |
Auswide |
BBB |
1,000,000 |
1,000,000 |
3.07% |
0.94% |
1/03/2016 |
22/12/2016 |
10 |
MyState |
BBB |
1,000,000 |
1,000,000 |
3.07% |
0.94% |
1/03/2016 |
27/09/2016 |
7 |
AMP |
A+ |
0 |
2,000,000 |
3.00% |
1.88% |
2/08/2016 |
2/08/2017 |
12 |
CBA |
AA- |
0 |
2,000,000 |
2.55% |
1.88% |
25/08/2016 |
25/10/2016 |
2 |
Newcastle Permanent |
BBB+ |
0 |
2,000,000 |
2.70% |
1.88% |
31/08/2016 |
30/11/2016 |
3 |
Total Short Term Deposits |
|
12,000,000 |
17,000,000 |
2.93% |
15.96% |
|
|
|
At Call Accounts |
|
|
|
|
|
|
|
|
NAB |
AA- |
2,108,755 |
2,834,279 |
1.50% |
2.66% |
N/A |
N/A |
N/A |
NAB |
AA- |
9,971,276 |
11,387,194 |
2.19% |
10.69% |
N/A |
N/A |
N/A |
St George |
AA- |
2,949 |
2,949 |
0.05% |
0.00% |
N/A |
N/A |
N/A |
AMP |
A+ |
110 |
110 |
0.00% |
0.00% |
N/A |
N/A |
N/A |
AMP |
A+ |
177,755 |
178,125 |
2.20% |
0.17% |
N/A |
N/A |
N/A |
Beyond Bank |
BBB+ |
73,998 |
74,073 |
1.00% |
0.07% |
N/A |
N/A |
N/A |
CBA |
AA- |
16,019 |
23,913 |
0.00% |
0.02% |
N/A |
N/A |
N/A |
Total At Call Accounts |
|
12,350,862 |
14,500,643 |
2.05% |
13.61% |
|
|
|
Medium Term Deposits |
|
|
|
|
|
|
|
|
RaboBank |
A+ |
1,000,000 |
1,000,000 |
6.40% |
0.94% |
23/04/2012 |
24/04/2017 |
60 |
RaboBank |
A+ |
1,000,000 |
1,000,000 |
5.90% |
0.94% |
4/06/2012 |
5/06/2017 |
60 |
BOQ |
A- |
1,000,000 |
1,000,000 |
6.30% |
0.94% |
22/08/2012 |
22/08/2017 |
60 |
ING Bank |
A- |
3,000,000 |
3,000,000 |
6.00% |
2.82% |
24/08/2012 |
24/08/2017 |
60 |
BOQ |
A- |
2,000,000 |
2,000,000 |
4.58% |
1.88% |
3/09/2013 |
2/09/2016 |
36 |
Hume Building Society |
NR |
1,009,123 |
1,009,123 |
4.10% |
0.95% |
21/08/2014 |
21/08/2017 |
36 |
Banana Coast CU |
NR |
1,000,000 |
1,000,000 |
4.25% |
0.94% |
3/06/2014 |
2/06/2017 |
36 |
ME Bank |
BBB+ |
2,000,000 |
2,000,000 |
4.28% |
1.88% |
2/09/2014 |
2/09/2019 |
60 |
RaboBank |
A+ |
1,000,000 |
1,000,000 |
3.70% |
0.94% |
30/09/2014 |
3/10/2016 |
24 |
Police Credit Union |
NR |
1,000,000 |
1,000,000 |
3.80% |
0.94% |
7/11/2014 |
7/11/2016 |
24 |
Institution |
Rating |
Closing Balance |
Closing Balance |
August |
August |
Investment |
Maturity |
Term |
Medium Term Deposits Continued |
|
|
|
|
|
|
|
|
Auswide |
BBB |
1,000,096 |
1,000,096 |
3.75% |
0.94% |
27/11/2014 |
27/11/2016 |
24 |
Rabobank |
A+ |
1,000,000 |
1,000,000 |
4.10% |
0.94% |
5/12/2014 |
5/12/2019 |
60 |
Beyond Bank |
BBB+ |
990,000 |
990,000 |
3.70% |
0.93% |
4/03/2015 |
4/03/2018 |
36 |
Beyond Bank |
BBB+ |
990,000 |
990,000 |
3.70% |
0.93% |
11/03/2015 |
11/03/2018 |
36 |
AMP |
A+ |
2,000,000 |
2,000,000 |
3.10% |
1.88% |
2/06/2015 |
2/06/2017 |
24 |
AMP |
A+ |
1,000,000 |
1,000,000 |
3.10% |
0.94% |
13/07/2015 |
13/07/2017 |
24 |
Bendigo-Adelaide |
A- |
1,000,000 |
1,000,000 |
2.80% |
0.94% |
1/09/2015 |
3/03/2017 |
18 |
Newcastle Permanent |
BBB+ |
0 |
1,000,000 |
3.00% |
0.94% |
12/08/2016 |
12/08/2019 |
36 |
Rabobank |
A+ |
0 |
1,000,000 |
3.20% |
0.94% |
25/08/2016 |
25/08/2021 |
60 |
Newcastle Permanent |
BBB+ |
0 |
1,000,000 |
3.00% |
0.94% |
31/08/2016 |
30/08/2019 |
36 |
Total Medium Term Deposits |
|
21,989,219 |
24,989,219 |
3.90% |
23.46% |
|
|
|
Floating Rate Notes - Senior Debt |
|
|
|
|
|
|
|
|
Macquarie Bank |
A |
3,039,756 |
3,034,959 |
BBSW + 290 |
2.85% |
9/03/2012 |
9/03/2017 |
60 |
CUA |
BBB+ |
1,005,442 |
1,008,130 |
BBSW + 130 |
0.95% |
28/05/2014 |
20/05/2017 |
36 |
Bendigo-Adelaide |
A- |
996,833 |
1,004,318 |
BBSW + 93 |
0.94% |
17/09/2014 |
17/09/2019 |
60 |
BOQ |
A- |
1,998,120 |
2,012,100 |
BBSW + 110 |
1.89% |
5/08/2014 |
24/06/2019 |
58 |
BOQ |
A- |
993,846 |
997,766 |
BBSW + 107 |
0.94% |
6/11/2014 |
6/11/2019 |
60 |
BOQ |
A- |
998,036 |
1,000,502 |
BBSW + 107 |
0.94% |
10/11/2014 |
6/11/2019 |
60 |
ME Bank |
BBB+ |
1,004,522 |
1,000,582 |
BBSW + 100 |
0.94% |
17/11/2014 |
17/11/2017 |
36 |
ME Bank |
BBB+ |
999,086 |
999,823 |
BBSW + 100 |
0.94% |
17/11/2014 |
17/11/2017 |
36 |
Teachers Mutual |
BBB+ |
1,000,414 |
996,712 |
BBSW + 105 |
0.94% |
4/12/2014 |
4/12/2017 |
36 |
Newcastle Permanent |
BBB+ |
1,002,250 |
999,360 |
BBSW + 110 |
0.94% |
27/02/2015 |
27/02/2018 |
36 |
Macquarie Bank |
A |
1,998,806 |
1,995,442 |
BBSW + 110 |
1.87% |
3/03/2015 |
3/03/2020 |
60 |
ANZ |
AA- |
747,207 |
751,717 |
BBSW + 82 |
0.71% |
17/04/2015 |
17/04/2020 |
60 |
Heritage Bank |
BBB+ |
997,040 |
1,000,080 |
BBSW + 115 |
0.94% |
7/05/2015 |
7/05/2018 |
36 |
NAB |
AA- |
997,788 |
996,534 |
BBSW + 80 |
0.94% |
3/06/2015 |
3/06/2020 |
60 |
Heritage Bank |
BBB+ |
997,040 |
1,000,080 |
BBSW + 115 |
0.94% |
9/06/2015 |
7/05/2018 |
35 |
CBA |
AA- |
998,450 |
1,004,663 |
BBSW + 90 |
0.94% |
17/07/2015 |
17/07/2020 |
60 |
Westpac |
AA- |
997,470 |
1,004,080 |
BBSW + 90 |
0.94% |
28/07/2015 |
28/07/2020 |
60 |
Bendigo-Adelaide |
A- |
1,000,000 |
1,002,140 |
BBSW + 110 |
0.94% |
18/08/2015 |
18/08/2020 |
60 |
Credit Suisse |
A |
1,003,250 |
999,910 |
BBSW + 105 |
0.94% |
24/08/2015 |
24/08/2018 |
36 |
Bendigo-Adelaide |
A- |
1,000,922 |
1,002,316 |
BBSW + 110 |
0.94% |
28/09/2015 |
18/08/2020 |
59 |
Westpac |
AA- |
1,992,341 |
2,004,980 |
BBSW + 90 |
1.88% |
30/09/2015 |
28/07/2020 |
58 |
Suncorp-Metway |
A+ |
1,001,994 |
1,009,500 |
BBSW + 125 |
0.95% |
20/10/2015 |
20/10/2020 |
60 |
Westpac |
AA- |
4,014,720 |
4,039,240 |
BBSW + 108 |
3.79% |
28/10/2015 |
28/10/2020 |
60 |
AMP |
A+ |
1,808,334 |
1,815,678 |
BBSW + 110 |
1.70% |
11/12/2015 |
11/06/2019 |
42 |
CBA |
AA- |
1,006,564 |
1,012,909 |
BBSW + 115 |
0.95% |
18/01/2016 |
18/01/2021 |
60 |
BOQ |
A- |
1,000,307 |
1,004,570 |
BBSW + 100 |
0.94% |
5/02/2016 |
5/02/2018 |
24 |
Rabobank |
A+ |
2,027,622 |
2,027,366 |
BBSW + 150 |
1.90% |
4/03/2016 |
4/03/2021 |
60 |
Westpac |
AA- |
1,004,670 |
1,008,980 |
BBSW + 100 |
0.95% |
8/03/2016 |
10/05/2019 |
38 |
Newcastle Permanent |
BBB+ |
1,004,435 |
1,008,463 |
BBSW + 160 |
0.95% |
22/03/2016 |
22/03/2019 |
36 |
CUA |
BBB+ |
2,009,400 |
2,017,768 |
BBSW + 160 |
1.89% |
1/04/2016 |
1/04/2019 |
36 |
ANZ |
AA- |
1,005,988 |
1,013,669 |
BBSW + 118 |
0.95% |
7/04/2016 |
7/04/2021 |
60 |
CBA |
AA- |
1,006,021 |
1,010,132 |
BBSW + 98 |
0.95% |
18/04/2016 |
18/07/2019 |
39 |
Suncorp-Metway |
A+ |
1,004,686 |
1,014,051 |
BBSW + 138 |
0.95% |
21/04/2016 |
12/04/2021 |
60 |
AMP |
A+ |
1,010,638 |
1,009,571 |
BBSW + 135 |
0.95% |
24/05/2016 |
24/05/2021 |
60 |
Westpac |
AA- |
1,007,910 |
1,015,890 |
BBSW + 117 |
0.95% |
3/06/2016 |
3/06/2021 |
60 |
Institution |
Rating |
Closing Balance |
Closing Balance |
August |
August |
Investment |
Maturity |
Term |
Floating Rate Notes - Senior Debt Continued |
|
|
|
|
|
|
|
|
CBA |
AA- |
1,006,269 |
1,013,955 |
BBSW + 121 |
0.95% |
12/07/2016 |
12/07/2021 |
60 |
ANZ |
AA- |
0 |
2,010,811 |
BBSW + 113 |
1.89% |
16/08/2016 |
16/08/2021 |
60 |
Total Floating Rate Notes - Senior Debt |
|
46,688,176 |
48,848,746 |
|
45.85% |
|
|
|
Managed Funds |
|
|
|
|
|
|
|
|
NSW Tcorp |
NR |
1,190,408 |
1,194,651 |
0.36% |
1.12% |
17/03/2014 |
1/08/2021 |
88 |
Total Managed Funds |
|
1,190,408 |
1,194,651 |
0.36% |
1.12% |
|
|
|
TOTAL
CASH ASSETS, CASH |
|
94,218,666 |
106,533,260 |
4.48% |
100.00% |
|
|
|
LESS: RIVERINA REGIONAL LIBRARY (RRL) CASH |
|
983,954 |
681,503 |
|
|
|
|
|
TOTAL
WWCC CASH ASSETS, CASH |
|
93,234,712 |
105,851,756 |
|
|
|
|
|
Council’s portfolio is dominated by Floating Rate Notes (FRN’s) at approximately 46% across a broad range of counterparties. Cash equates to 14% of Council’s portfolio with Term Deposits around 39% and growth funds around 1% 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 increased from the previous month’s balance, up from $93.2M to $105.8M. This large increase is reflective of Council receiving its first installment of the Financial Assistance Grant during August as well as the August rates installment falling due.
MONTHLY INVESTMENT MOVEMENTS
Redemptions/Sales - Council redeemed the following investment securities during August 2016:
Institution and Type |
Amount |
Investment Term |
Interest Rate |
Comments |
Bank of Queensland Term Deposit |
$1M |
6 months |
3.10% |
This term deposit was redeemed and reinvested into a 3 year term deposit with Newcastle Permanent. |
New Investments - Council purchased the following investment securities during August 2016:
Institution and Type |
Amount |
Investment Term |
Interest Rate |
Comments |
AMP Term Deposit |
$2M |
12 months |
3.00% |
The AMP rate of 3.00% compared favourably to the rest of the market. |
CBA Term Deposit |
$2M |
2 months |
2.55% |
The CBA rate of 2.55% compared favourably to the rest of the market. This investment was chosen to fill an investment maturity gap. |
Newcastle Permanent Term Deposit |
$2M |
3 months |
2.70% |
The Newcastle Permanent rate of 2.70% compared favourably to the rest of the market. This investment was chosen to fill an investment maturity gap. |
Newcastle Permanent Term Deposit |
$1M |
3 years |
3.00% |
The Newcastle Permanent rate of 3.00% compared favourably to the rest of the market. |
Rabobank Term Deposit |
$1M |
5 years |
3.20% |
The Rabobank rate of 3.20% compared favourably to the rest of the market. |
Newcastle Permanent Term Deposit |
$1M |
3 years |
3.00% |
The Newcastle Permanent rate of 3.00% compared favourably to the rest of the market. |
ANZ Floating Rate Note |
$2M |
5 years |
BBSW + 113 |
Council’s independent Financial Advisor CPG, advised that this Floating Rate Note represented good value over the medium term. |
Rollovers – Council did not roll over the any investment securities during August 2016.
MONTHLY PERFORMANCE
Interest/growth/capital gains for the month totaled $405,537 which compares favourably with the budget for the period of $257,250 – out performing budget for the August month by $148,287. This is attributable to continued strong growth of Council’s Floating Rate Note portfolio. This continues a strong six (6) month period from March to August for Council’s portfolio, outperforming budget for the period by $486,492. This follows a period of lower than budgeted investment returns for January and February 2016.
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* (+2.22%pa), Council’s investment portfolio in total returned 4.48% for August. Short term deposits returned 2.93%. These funds are utilised for daily cash flow management and need to be available to meet operating and contractual payments as they come due.
* 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 31 August 2016 is a balanced budget.
Policy
Investments are reported in accordance with POL 075 Investment Policy.
Budget Variations are reported in accordance with POL 052 Budget 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.
The Finance Division has consulted with relevant external parties to confirm Council’s investment portfolio balances.
Report submitted to the Ordinary Meeting of Council on Monday 26 September 2016. RP-9
RP-9 EXTENSION OF AUDIT AND RISK COMMITTEE MEMBERSHIP
Author: Priest, Christine
Director: Richardson, Craig
That Council extend the appointment of independent members of the Audit and Risk Committee to 31 March 2017 in accordance with the Committee’s Charter. |
Report
Council’s Audit and Risk Committee was first established in February 2007 and plays a pivotal role in providing Council with independent assurance and assistance in the areas of risk management, internal controls, governance and external accountability.
Membership of the Committee consists of:
· Two (2) Councillors (excluding the Mayor – alternate Councillor members are also appointed)
· A minimum of three (3) independent external members appointed in accordance with POL117 Appointment of Organisation Community and Individual Citizen Members to Council Committees Policy
As a result of the local government elections, membership of all Committees dissolve, however it is proposed that Council extends the membership of the three (3) existing independent members for a period of six (6) months to allow the functions of the Committee to continue. During this time, Council may then consider the structure of all committees (including the Audit and Risk Committee), Councillor appointments to endorsed committees and consider expressions of interest for appointment to all such committees in line with POL117.
The current independent members of the Committee are:
· Tim Gumbleton FCA, is a Chartered Accountant (Fellow, Chartered Accountants Australia and New Zealand), Registered and Official Liquidator and Principal, Restructuring and Recovery of RSM Australia Pty Ltd
· Adrian Lindner FCPA, is a Fellow Certified Practising Accountant and a former Head of Campus for Charles Sturt University at Wagga Wagga
· David Maxwell FCA, is a Chartered Accountant (Fellow, Chartered Accountants Australia and New Zealand), and a specialist local government finance and administration consultant
The current Charter of the Audit and Risk Committee provides:
· Extension of membership for a period of not more than six (6) months from the date of a local government election
· A quorum on the majority of Committee members (at least three (3)), including at least one (1) independent member. As such, a quorum would exist on the attendance of three (3) appointed independent members to allow Council time to consider Councillor membership to the Committee (expected to be considered at the October Council Meeting)
The Audit and Risk Committee is scheduled to meet on 6 October 2016 to consider the 2015-2016 financial statements. Should Council decide not to extend independent membership on the Committee, the financial statements will be provided directly to Council by the External Auditor.
The Office of Local Government’s Internal Audit Guidelines outline the valuable role an Audit Committee provides to councils. Whilst the appointment of an Audit Committee is currently at the discretion of each Council, the Local Government Amendment (Governance and Planning) Act provides for the mandatory appointment of an Audit, Risk and Improvement Committee, which is expected to be included as part of the next phase of reforms in early 2017.
Budget
N/A
Policy
· POL117 - Appointment of Organisation Community and Individual Citizen Members to Council Committees Policy
· Audit and Risk Committee Charter
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 Audit and Risk Committee is an essential part of a good governance framework to provide independent oversight of Council’s operations. |
N/A |
Risk Management and Work Health and Safety Issues for Council
The Audit and Risk Committee assists Council by monitoring its risk exposure and determining if management systems have appropriate risk management processes in place.
Internal / External Consultation
N/A
Report submitted to the Ordinary Meeting of Council on Monday 26 September 2016. RP-10
RP-10 EXTENSION OF PUBLIC ART ADVISORY PANEL MEMBERSHIP
Author: Scully, Madeleine
Director: Summerhayes, Janice
That Council continue the Public Art Advisory Panel and extend the appointment of independent members until 24 December 2016. |
Report
Council’s Public Art Advisory Panel (PAAP) was established in 2008 with the formation of the initial Public Art Policy. The PAAP is composed of stakeholder representatives to guide the commissioning of public art and management of the City of Wagga Wagga’s public art collection. The PAAP provides recommendations to Council for final decision making.
Membership of the PAAP consists of:
· 1 x Councillor
· 1 x Industry representative
· 2 x Community representatives (with relevant arts background)
· 1 x WWCC Cultural Officer
· 1 x WWCC Infrastructure/Engineer representative
· 1 x WWCC Manager Art Gallery
As a result of the local government elections, membership of all Committees dissolve, however it is proposed that Council extends the membership of the two (2) existing Community representatives and one (1) existing Industry representative until 24 December 2016 to allow the functions of the Panel to continue. The panel would also have the Mayor represented in the interim period.
During this time, Council will be considering the structure of all committees (including the PAAP). The overall review of committees will be presented to the October Ordinary Council meeting for determination. Where committees are put in place the overall Council will determine Councillor appointments and external appointments in line with Council’s Policy for appointment of Organisation, Community, and Individual Citizen Members to Council Committees.
This extension allows for the panel to meet and make a recommendation on the final works for the 15/16 calendar period already endorsed as part of the WaggaWorks Public Art Plan 2014 – 2016 budgeted program. Whilst Council considers its committee structure and to allow the received applications to be finalised by the PAAP it is recommended along with the Mayor that the current industry and community representatives as below continue for a further three months.
· Scott Howie, Industry Representative is currently the Executive Officer of Eastern Riverina Arts, Howie also maintains an artistic practice in durational performance, installation and theatre. Scott has contributed to the cultural landscape of the Riverina over 18 years as an artist, arts educator and arts administrator.
· Ross Kennedy, Community Representative is an experienced Secondary teacher in Visual Arts and Graphics Technology; Arts Director for numerous arts events in Sydney; Art Director for local arts collective; Ifinc including local productions Big Water (2012), Bull (2013) and Bridge (2014).
· Sophie Kurylowicz, Community Representative has extensive experience as a Stage and Screen lecturer at Charles Sturt University, professional lighting designer for stage and screen, as well as stage and production management. Experience in commissions for Public Art and festivals.
Council’s adoption of this recommendation will allow the panel to meet on Friday 30 September 2016 to consider the applications for NightLights 2017 Masterclass and Projection Commission.
Budget
N/A
Policy
· POL109 - Public Art Policy
· WaggaWorks Public Art Plan 2014 -2016
· POL117 - Appointment of Organisation Community and Individual Citizen Members to Council Committees 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 extension of the PAAP ensures the continued roll out of the endorsed Public Art Plan. |
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 26 September 2016. RP-11
RP-11 SECTION 356 DONATION REQUEST CSU PHOTOGRAPHY GRAD SHOW
Author: Katsoolis, Craig
Director: Richardson, Craig
That Council donate $600 to support the CSU Photography Grad Show as detailed in the report under Section 356 of the Local Government Act 1993. |
Report
Council has received a request from Dr Jamie Holcombe, Photography Discipline Leader and Lecturer in Photography & Digital Imaging Charles Sturt University on behalf of the 2016 graduating CSU Photography students. The request is for the waiving of the Link Gallery hire fees for the staging of the CSU Photography Students’ Graduation Exhibition commencing 22 October 2016.
This will be the 9th consecutive year that the event is held at the Wagga Wagga Art Gallery. The exhibition provides an opportunity for graduating photography students from Charles Sturt University to showcase there photography.
The request links to Council’s Strategic Plan by providing an opportunity and place for connection. The request additionally aligns with the Memorandum of Understanding (MOU) between Charles Sturt University and Council in which the intent of the MOU is for both parties to actively cooperate to enhance both the city and the university and to assist each other meet their mutually beneficial strategic objectives.
Details of the request are outlined in the attachment.
Organisation |
Purpose |
Requested Amount |
CSU Graduating Photography Students 2016 |
Request for the waiving of the fees and charges to stage a Photography Exhibition in October 2016 at the Links Gallery |
$600 |
Budget
An uncommitted balance of $3,611 is available for S356 donations requests received in 2016/17. As noted below Council has a limited budget available for fee waivers.
Project Name & Component |
Existing Budget |
Expenditure / Committed to Date |
Proposed Budget Variation |
Effect on LTFP
|
TOTALS |
$45,900 |
$42,289 |
N/A |
N/A |
Policy
POL 078 Donations under Section 356 of the Local Government Act 1993.
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 |
Provides assistance to local Graduating Photography students to showcase their photography to the local community. |
N/A |
Environmental |
N/A |
N/A |
Economic |
N/A |
N/A |
Governance |
N/A |
N/A |
Risk Management and Work Health and Safety Issues for Council
No specific issues identified.
Internal / External Consultation
Relevant internal stakeholders were consulted with in the assessment of this request.
1⇩. |
Section 356 Donation Request - CSU Photography Students' Graduation Exhibition |
|
RP-12 SECTION 356 DONATION - ASPECT RIVERINA
Author: Katsoolis, Craig
Director: Richardson, Craig
That Council donate $455 to Aspect Riverina as detailed in the report under Section 356 of the Local Government Act 1993. |
Report
Council has received a request (see attached) from Aspect Riverina for the waiving of the Oasis Regional Aquatic Centre Learn to Swim fees and charges.
Aspect Riverina is a school for children with autism spectrum who require specialised educational programs. The school proposes to conduct swimming classes for 13 students which will assist in speech, coordination, social skills, self-esteem and cognitive processing.
Council has assessed the request for donation in accordance with POL078 Donations under section 356 of the Local Government Act Policy. Based on the assessment it is proposed that a donation of 50% of the applicable fees i.e. $455 is a reasonable contribution having regard to Council’s limited budget available for fee waivers.
The request aligns to Council’s Strategic Plan by supporting a program which promotes an active and healthy community.
Details of the request are outlined in the attached document and detailed below:
Organisation |
Purpose |
Donation Proposed
|
Aspect Riverina |
Request for the waiving of the fees and charges to conduct swimming lessons during 2016/17 |
$455 |
Budget
An uncommitted balance of $3,611 is available for S356 donations requests received in 2016/17. As noted below Council has a limited budget available for fee waivers.
Project Name & Component |
Existing Budget |
Expenditure /Committed to Date |
Proposed Budget Variation |
Effect on LTFP
|
TOTALS |
$45,900 |
$42,289 |
N/A |
N/A |
Policy
POL 078 Donations under Section 356 of the Local Government Act 1993.
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 |
Provides assistance to a local school conduct swimming classes to aid in the development of students with learning challenges. |
N/A |
Environmental |
N/A |
N/A |
Economic |
N/A |
N/A |
Governance |
N/A |
N/A |
Risk Management and Work Health and Safety Issues for Council
No specific issues identified.
Internal / External Consultation
Relevant internal stakeholders were consulted with in the assessment of this request.
1⇩. |
Section 356 Donation Request - Aspect Riverina |
|
RP-13 PROPOSED CREATION OF AN ESSENTIAL ENERGY EASEMENT OVER LOT 1 DP 535470 AT WAGGA WAGGA
Author: Walker, David
PMO: Angel, Caroline
Director: Summerhayes, Janice
That Council: a note the earlier Council resolution (16/165) to create an easement in favour of Essential Energy for electricity purposes over Lot 1 DP 535470 at Wagga Wagga Lawn Cemetery b agree that Essential Energy may proceed with the easement creation via the process of compulsory acquisition from Crown Lands with Council being responsible for all fees and charges incurred by Essential Energy as outlined in this report c delegate authority to the General Manager to execute any necessary documents on behalf of Council d note and approve the budget variation/s as detailed in the budget section of the report |
Report
Reference is made to Council managed Crown Reserve 87534 being Lot 1 DP 535470 in Brunskill Road, Wagga Wagga comprising the Wagga Wagga Lawn Cemetery.
Council resolved on 27 June 2016 (Resolution 16/165) to:
a create an easement in favour of Essential Energy for electricity purposes over Lot 1 DP 535470 at the Wagga Wagga Lawn Cemetery
b note that Crown Lands consent is required for creation of the easement
c authorise execution of all necessary documents under Council’s common seal as necessary
The creation of the easement for electricity works is essential to the Wagga Lawn Cemetery Stage 2A Master Plan project. The project includes the establishment of additional burial sites, construction of new roads and car park, extension of water supply, conversion of overhead electricity lines to underground and upgrade of the substation.
The Department of Primary Industries – Lands (Crown Lands) has now indicated that Essential Energy must compulsorily acquire the easement pursuant to Section 44 of the Electricity Supply Act 1995. Consequently, the acquisition must be carried out in accordance with the Land Acquisitions (Just Terms Compensation) Act 1991.
Essential Energy has provided Council with an estimate of internal fees, external legal fees, compensation and government fees it may incur of $26,450 (excluding GST). As a customer of Essential Energy, Council is expected to be responsible for Essential Energy’s costs.
Council must also arrange and be responsible for payment of any survey work which is estimated to be in the vicinity of $3,000 (excluding GST).
The total costs associated with the creation of the easement will now be in excess of $29,450 (excluding GST) which is a significant increase in the initial estimate of $8,000 (excluding GST) (Resolution 16/165) due to Crown Lands requirement for Essential Energy to compulsory acquire the easement.
It is therefore recommended that Council agree to Essential Energy acquiring the easement from Crown Lands via the compulsory acquisition process at a cost estimated to be $29,450 (excluding GST). This amount may vary due to the compensation amount payable by Essential Energy being determined by the Valuer General. Any additional funds if required can be funded from the Cemetery Reserve.
Budget
Project Name & Component |
Existing Budget |
Expenditure to Date |
Proposed Budget Variation |
Effect on LTFP
|
Lawn Cemetery Master Plan Stage 2A |
292,165 |
56,065 |
N/A |
No |
TOTALS |
292,165 |
56,065 |
|
|
Budget Summary
The creation of the easement for the purpose of electricity supply at an estimated cost of $29,450 (excluding GST)
Policy
Wagga Wagga Lawn Cemetery Master Plan.
Impact on Public Utilities
The creation of a new electricity easement as per this report.
Link to Strategic Plan
3. We have a growing economy
3.2 Our community grows
QBL Analysis
|
Positive |
Negative |
Social |
Meeting community wellbeing outcomes as per Council’s strategic plan, particularly the Recreation and Open Space, Social and Cultural Plans. |
N/A |
Environmental |
Meeting community outcomes as per Council’s strategic plans, particularly the Environmental Sustainability Strategy. |
N/A |
Economic |
N/A |
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
Department of Primary Industries – Lands (Crown Lands).
Commercial and Economic Development Directorate.
Project Management Office.
Essential Energy.
1⇩. |
Location Map - Lot 1 DP 535470 - Cemetery |
|
2⇩. |
Cemetery Easement Report to June 2016 Council Meeting |
|
RP-14 PROPOSED ADDITION TO CROWN RESERVE 1029848 AT TARCUTTA
Author: Wright, Dianne
Acting Director: Bolton, James
That Council make an application to the Department of Primary Industries – Lands for the addition of part Crown Reserve 3174 being Lot 82 DP 757255 to Council managed Crown Reserve 1029848 at Tarcutta for “Bush Fire Brigade” purposes. |
Report
The NSW Rural Fire Service proposes to relocate and construct a new fire station at Tarcutta on approximately 1,190 m2 of Crown Reserve 3174 being part Lot 82 DP 757255 under the control of NSW Police Force.
To proceed with this relocation, the Department of Primary Industries – Lands – has indicated that part of Crown Reserve 3174 must be revoked for addition to the adjoining Crown Reserve 1029848 managed by Council with an added purpose of “Bush Fire Brigade”.
NSW Police Force has consented to the revocation and addition.
It is therefore recommended that Council make application to the Department of Primary Industries – Lands for the addition of part Crown Reserve 3174 being Lot 82 DP 757255 to Council managed Crown Reserve 1029848 for “Bush Fire Brigade” purposes.
Budget
N/A
Policy
N/A
Impact on Public Utilities
N/A
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 |
N/A |
N/A |
Environmental |
N/A |
N/A |
Economic |
N/A |
N/A |
Governance |
Appropriate management of land under Council’s Trusteeship. |
N/A |
Risk Management and Work Health and Safety Issues for Council
No specific issues identified.
Internal / External Consultation
Council’s Infrastructure Services Directorate
Department of Primary Industries – Lands
NSW Police Property Group
NSW Rural Fire Service
1⇩. |
Location Map - Rural Fire Service Proposed New Site at Tarcutta |
|
Report submitted to the Confidential Meeting of Council on Monday 26 September 2016. CONF-1
CONF-1 PROPOSED ACQUISITION OF EASEMENTS TO DRAIN SEWERAGE
Author: Wright, Dianne
Acting Director: Bolton, James
This report is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -
(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
Report submitted to the Confidential Meeting of Council on Monday 26 September 2016. CONF-2
CONF-2 SECTION 356 DONATION REQUEST - CEMETERY FEES
Author: Katsoolis, Craig
Director: Richardson, Craig
This report is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -
(b) discussion in relation to the personal hardship of a resident or ratepayer.
Report submitted to the Confidential Meeting of Council on Monday 26 September 2016.
QUESTIONS/BUSINESS WITH NOTICE
Report submitted to the Confidential Meeting of Council on Monday 26 September 2016.
Minutes of the Ordinary Meeting of Council held on Monday 29 August 2016.
Present
The Mayor, Councillor Rod Kendall
Councillor Yvonne Braid
Councillor Alan Brown
Councillor Greg Conkey OAM
Councillor Paul Funnell
Councillor Julian McLaren
Councillor Kerry Pascoe
Councillor Kevin Poynter
Councillor Dallas Tout
In Attendance
Acting General Manager (Mrs J Summerhayes)
Acting Director Commercial & Economic Development (Mr J Bolton)
Director Corporate Services (Mr C Richardson)
Manager Corporate Strategy, Communications
& Governance (Mrs C Priest)
Manager Finance (Mrs C Rodney)
Manager Project Operations (Mrs C Angel)
Senior Town Planner (Mrs A Gray)
Senior Town Planner (Mr A Stander)
Land and Real Property Coordinator (Mrs D Wright)
Manager Executive Support (Mr S Gray)
Communications Officer Public/Media (Mr J Lang)
Governance Officer (Miss B King)
Prayer
Almighty God,
Help protect our Mayor, elected Councillors and staff.
Help Councillors to govern with justice, integrity, and respect for equality, to preserve rights and liberties, to be guided by wisdom when making decisions and settling priorities, and not least of all to preserve harmony.
Amen.
Acknowledgement Of Country
I would like to acknowledge the Wiradjuri people who are the Traditional Custodians of this 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 Community members present.
APOLOGIES
An Apology for non-attendance were received and accepted for The General Manager, Mr Alan Eldridge, on the Motion of Councillors A Brown and K Pascoe.
CARRIED
CONFIRMATION OF MINUTES
CM-1 SUPPLEMENTARY COUNCIL MEETING - 8 AUGUST 2016 |
|
16/213 RESOLVED: On the Motion of Councillors K Pascoe and A Brown That the Minutes of the proceedings of the Supplementary Council Meeting held on 8 August 2016 be confirmed as a true and accurate record.
CARRIED |
Declarations Of Interest
Councillor A Brown declared a Pecuniary Interest, the reason being that he provides professional training services to Council.
Councillor K Pascoe declared a Pecuniary Interest in PSRP-2 DA16/0212 - PROPOSED TRANSITIONAL GROUP HOME AT 199 GURWOOD STREET, WAGGA WAGGA the reason being that he is constructing units in the neighbourhood block across the road from the development. This development could affect the value of his property and vacated the chamber during its consideration.
Councillor K Pascoe declared a Pecuniary Interest in PSRP-7 EXHIBITION OF AMENDMENT NUMBER 10 TO THE WAGGA WAGGA DEVELOPMENT CONTROL PLAN 2010 – STAUNTON OVAL the reason being that there has been changes to R3 zones which could be an advantage to him and his family who own land that they plan to develop at a later stage and vacated the chamber during its consideration.
The Mayor, Councillor R Kendall declared a Pecuniary Interest in PSRP-2 DA16/0212 - PROPOSED TRANSITIONAL GROUP HOME AT 199 GURWOOD STREET, WAGGA WAGGA the reason being that he has a business relationship with the proponents of the development and vacated the chamber during its consideration.
Mr James Bolton, Acting Director Commercial and Economic Development declared a Pecuniary Interest in PSRP-8 AMENDMENT TO THE WAGGA WAGGA DEVELOPMENT CONTROL PLAN 2010 9-17 STURT STREET the reason being that his father is a part owner of the land and vacated the chamber during its consideration.
Councillor A Brown declared a Pecuniary Interest in PSRP-6 DA16/0268 – CONSOLIDATION OF LOTS AND BOUNDARY ADJUSTMENT AT 267 BLYTHES ROAD, TARCUTTA, NSW, 2652 the reason being that he is the owner of the land and the applicant for the Development Application and vacated the chair and the chamber during its consideration.
REPORTS FROM POLICY AND STRATEGY COMMITTEE
PS-1 POLICY AND STRATEGY COMMITTEE MEETING - 8 AUGUST 2016 The Mayor, Councillor R Kendall requested Councillors to nominate any recommendations from the minutes they wished to discuss. |
|
16/214 RESOLVED: On the Motion of Councillors J McLaren and P Funnell That Council: a confirm the Minutes of the Policy and Strategy Committee Meeting held 8 August 2016 are a true and accurate record with corrections to reflect that Councillor K Poynter seconded the Amendment and not Councillor P Funnell for PSRP-2 DA16/0212 Proposed Transitional Group Home at 199 Gurwood Street Wagga Wagga and the corrections to the declarations of Interest for Councillors K Pascoe and A Brown as follows: Councillor K Pascoe declared a Pecuniary Interest in PSRP-2 DA16/0212 - PROPOSED TRANSITIONAL GROUP HOME AT 199 GURWOOD STREET, WAGGA WAGGA the reason being that he is constructing units in the neighbourhood block across the road from the development. This development could affect the value of his property and vacated the chamber during its consideration. Councillor A Brown declared a Pecuniary Interest in PSRP-6 DA16/0268 – CONSOLIDATION OF LOTS AND BOUNDARY ADJUSTMENT AT 267 BLYTHES ROAD, TARCUTTA, NSW, 2652 the reason being that he is the owner of the land and the applicant for the Development Application and vacated the chair and the chamber during its consideration. b adopt recommendations numbered PSCM-1, PSRP-1, PSRP-9 to PSRP-12, PSM-1 and PSM-2 CARRIED |
PSRP-2 DA16/0212 - PROPOSED TRANSITIONAL GROUP HOME AT 199 GURWOOD STREET, WAGGA WAGGA |
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The Mayor, Councillor R Kendall declared a Pecuniary Interest and vacated the chair and the chamber, the time being 6.10pm. Councillor K Pascoe declared a Pecuniary Interest and vacated the chamber, the time being 6:10pm. The Deputy Mayor, Councillor D Tout assumed the chair, the time being 6.10pm. |
||||||||||||
16/215 RESOLVED: On the Motion of Councillors P Funnell and J McLaren That Council refuse Development Application DA16/0212 for a change of Use to a Transitional Group Home and covered outdoor living area at 199 Gurwood Street, Wagga Wagga, the reason being that it is not in keeping with the amenity of the locality. RECORD OF VOTING ON DEVELOPMENT OR PLANNING MATTERS - SECTION 375A(3) LOCAL GOVERNMENT ACT 1993
CARRIED |
The Deputy Mayor, Councillor D Tout called a five minute recess and vacated the chair, the time being 6.40pm.
The Mayor, Councillor R Kendall re-entered the chamber and assumed the chair, the time being 6.41pm.
Councillor K Pascoe re-entered the chamber, the time being 6:41pm.
The meeting reconvened at 6.45pm.
PSRP-3 DA16/0282 PART DEMOLITION OF DWELLING, ALTERATIONS & ADDITIONS TO REAR OF DWELLING INCLUDING GARAGE & POOL, 46 THE ESPLANADE, WAGGA WAGGA, LOT 1 DP 936727 |
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16/216 RESOLVED: On the Motion of Councillors A Brown and K Pascoe That Council approve Development Application DA16/0282 for Part Demolition of Dwelling, Alterations and Additions to Rear of Dwelling Including Garage and Pool in accordance with the following conditions: CONDITIONS Approved Plans and Documentation 1. The development must be carried out in accordance with the approved plans and specifications as follows.
The Development Application has been determined by the granting of consent subject to and as amended by the conditions of development consent specified below. NOTE: Any modifications to the proposal shall be the subject of an application under Section 96 of the Environmental Planning and Assessment Act, 1979. REASON: It is in the public interest that work is carried out in accordance with the approved plans. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. Prior to release of Construction Certificate 2. Any Construction Certificate that may be issued in association with this development consent must ensure that any certified plans and designs are generally consistent (in terms of site layout, site levels, building location, size, external configuration and appearance) with the approved Development Application plans. REASON: To ensure the design of the proposed work may be assessed in detail before construction commences and because it is in the public interest that the development complies with the appropriate construction standards. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. 3. Pursuant to s94A of the Environmental Planning and Assessment Act 1979 and the City of Wagga Wagga Section 94A Levy Contributions Plan 2006, a levy in the amount of $990 must be paid to Council prior to the issuing of the Construction Certificate. This amount is to be adjusted in accordance with clause 25J(4) of the Environmental Planning and Assessment Regulation 2000 and clause 11 of the City of Wagga Wagga Section 94A Levy Contributions Plan 2006. A copy of the City of Wagga Wagga Section 94A Levy Contributions Plan 2006, is available for inspection at Council Chambers, corner Baylis and Morrow Streets, Wagga Wagga. NOTE 1: Clause 11 of the City of Wagga Wagga Section 94A Levy Contributions Plan 2006 provides for Section 94 contributions to be indexed in accordance with the Consumer Price Index - All Groups (Sydney) published by the Australian Bureau of Statistics. NOTE 2: The figures outlined in this consent are based on the applicable rate of CPI at the time of consent which is 108.7/95.6. Please be advised that CPI changes on a regular basis and you are advised to contact Council prior to payments being made, to ensure no further CPI increases/decreases have occurred since the date of this consent. REASON: Section 94A of the Environmental Planning and Assessment Act 1979 and the City of Wagga Wagga Section 94A Levy Contributions Plan 2006, authorises the imposition of this condition in relation to the development the subject of this consent. 4. Prior to the release of Construction Certificate a compliance certificate under s306 of the Water Management Act 2000 must be obtained in respect of the development relating to water management works that may be required in connection with the development. NOTE1: ‘Water management work’ is defined in s283 of the Water Management Act to mean a ‘water supply work‘, ‘drainage work‘, ‘sewage work’ or ‘flood work’. These terms are defined in that Act. NOTE 2: Riverina Water is responsible for issuing compliance certificates and imposing requirements relating to water supply works for development in the Council‘s area - please contact Riverina Water to ascertain compliance certificate water supply related requirements. A copy of such a compliance certificate is required prior to release of Construction Certificate. NOTE 3: The Council is responsible for issuing compliance certificates and imposing requirements relating to sewerage, drainage and flood works for development in its area. NOTE 4: Under s306 of the Water Management Act 2000, Riverina Water or the Council, as the case requires, may, as a precondition to the issuing of a compliance certificate, impose a requirement that a payment is made or works are carried out, or both, towards the provision of water supply, sewerage, drainage or flood works. NOTE 5: The Section 64 Sewer base figure is NIL. The Section 64 Sewer contribution (updated by the CPI) required to be paid is NIL. NOTE 6: The Section 64 Stormwater base figure is $357.49. The Section 64 Stormwater contribution (updated by the CPI) required to be paid is $442.90. NOTE 7: Section 64 contributions shall be indexed in accordance with CPI annually at the commencement of the financial year. NOTE 8: The figures outlined in this consent are based on the current rate of CPI. Please be advised that CPI changes on a regular basis and you are advised to contact Council prior to payments being made, to ensure no further CPI increases/decreases have occurred since the date of this consent. REASON: It is in the public interest that Council maintain the ability to provide adequate water and sewer reticulation services. Section 79C(1)(c) and (e) of the Environmental Planning and Assessment Act 1979, as amended). Prior to Commencement of Works 5. Prior to works commencing on site, toilet facilities must be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be: a) a standard flushing toilet connected to a public sewer, or b) if that is not practicable, an accredited sewage management facility approved by Council, or c) if that is not practicable, any other sewage management facility approved by Council. NOTE 1: The provision of toilet facilities in accordance with this condition must be completed before any other work is commenced and the toilet facility must not be removed without the prior written approval of Council. NOTE 2: “Vicinity” in this condition is defined to mean within 50 metres of the subject building site. NOTE 3: The toilet facilities are to comply with all WORK COVER NSW requirements. REASON: To provide adequate sanitary facilities during the construction phase. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended. 6. A CONSTRUCTION CERTIFICATE pursuant to Section 109C of the Environmental Planning and Assessment Act 1979, as amended from either Council or an accredited certifying authority certifying that the proposed works are in accordance with the Building Code of Australia PRIOR to any works commencing. NOTE 1: No building, engineering, excavation work or food premises fitout must be carried out in relation to this development until the necessary Construction Certificate has been obtained. NOTE 2: YOU MUST NOT COMMENCE WORK UNTIL YOU HAVE RECEIVED THE CONSTRUCTION CERTIFICATE, even if you made an application for a Construction Certificate at the same time as you lodged this Development Application. |