AGENDA AND BUSINESS PAPER

 

 

Ordinary Meeting of Council

 

 

 

To be held on
Monday

27 November 2017

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 27 November 2017 at 6.00pm.

 

Council live streams video and audio of Council meetings. Members of the public are advised that their voice and/or image may form part of the webcast.

 

 

 

Mr James Bolton

General Manager

 


WAGGA WAGGA CITY COUNCILLORS

 

 

Mayor

Councillor Greg

Conkey OAM

Deputy Mayor

Councillor Dallas Tout

Councillor Yvonne Braid

Councillor Paul Funnell

Councillor Dan Hayes

Councillor Vanessa Keenan

Councillor Rod Kendall

Councillor Tim Koschel

Councillor Kerry Pascoe

 

 

 

 

 

 

 

 

QUORUM

The quorum for a meeting of the Council is a majority of the Councillors of the Council who hold office for the time being who are eligible to vote at the meeting.


COUNCIL MEETING ROOM

 

 

 

 


Reports submitted to the Ordinary Meeting of Council to be held on Monday 27 November 2017.

Ordinary Meeting of Council AGENDA AND BUSINESS PAPER

Monday 27 November 2017

ORDER OF BUSINESS:

CLAUSE               PRECIS                                                                                            PAGE

PRAYER                                                                                                                       2

ACKNOWLEDGEMENT OF COUNTRY                                                                          2

APOLOGIES                                                                                                                 2

CONFIRMATIONS OF MINUTES

CM-1           Extraordinary Council Meeting - 13 October 2017                    2

CM-2           Ordinary Council Meeting - 23 October 2017

DECLARATIONS OF INTEREST                                                                                    2

Motions Of Which Due Notice Has Been Given

NOM-1         NOTICE OF MOTION - Disabled access to Waggas waterways  5

NOM-2         NOTICE OF MOTION - Change to Payment of Expenses and Provision of Facilities to Councillors Policy POL 025                                7

Reports from Staff

RP-1            DA16/0104 INTENSIVE PLANT AGRICULTURE, RURAL INDUSTRY, EARTHWORKS ON FLOODPLAIN, FARM BUILDINGS, ROADSIDE STALL, FOOD & DRINK PREMISES, SIGNAGE AND NEW ACCESS, 103 TRAVERS STREET, WAGGA WAGGA, LOTS 4 -6 DP 7050 & LOT 5 DP 848787                        9

RP-2            Planning Proposal LEP17/0002 to amend the Wagga Wagga Local Environmental Plan 2010                                                                 15

RP-3            2016/17 Financial Statements - Presentation from NSW Audit Office                                                                                                                24

RP-4            Financial Performance Report as at 31 October 2017           43

RP-5            COUNCIL MEETING DATES JANUARY 2018 to DECEMBER 2018          62

RP-6            Delegation of authority to the Mayor                                      64

RP-7            DELEGATION OF AUTHORITY TO THE GENERAL MANAGER                70

RP-8            Reinstatement of Airport Fees and Charges                           74

RP-9            Strategic Planning Update                                                            94

RP-10          APPLICATIONS FOR SUBSIDY FOR WASTE DISPOSAL FOR CHARITABLE ORGANISATIONS                                                                                  101

 

 

 

RP-11          PROPOSED ASSIGNMENT OF LEASE - AUSTRALIAN LONG DISTANCE OWNER DRIVERS ASSOCIATION INCORPORATED TO THE TARCUTTA TRANSPORT AND FARMING MUSEUM INCORPORATED                                                   104

RP-12          Submissions received for the Public Art Plan and Public Art Policy POL109 and Petition - Public Art                                     109

RP-13          New Policy - POL 048 Street Tree Policy                                    124

RP-14          LANDSCAPING COUNCIL MANAGED ROUNDABOUTS AND VERGES  132

RP-15          VILLAGE SEWER PROPOSAL - SAN ISIDORE                                       145

RP-16          RIVER SAFETY                                                                                      153

RP-17          POL 033 - WEED MANAGEMENT POLICY                                              165

RP-18          POL 046 - PROCESSING DEVELOPMENT APPLICATIONS LODGED BY COUNCILLORS, STAFF AND INDIVIDUALS OF WHICH A CONFLICT OF INTEREST MAY ARISE, OR ON COUNCIL OWNED LAND POLICY                          174

RP-19          POL 079 RISK MANAGEMENT POLICY                                                  185

RP-20          Community Engagement for Public Exhibition of Council Documents                                                                                         195

RP-21          Responses to Questions / Business with Notice                     200

RP-22          Section 356 Donation - Australian Clay Target Association (ACTA)                                                                                                                202

RP-23          Section 356 Donation - Tiny Tykes                                                209

RP-24          PROPOSED EASEMENT FOR DRAINAGE OVER LOT 2 DP 702230 AT BOOROOMA                                                                                          212

RP-25          SALE OF WIRADJURI CRESCENT PROPERTIES                                   216

RP-26          Mary Kidson Play Session Hall                                                    218

RP-27          Update Regarding the 2017 Sale of Land for Unpaid Rates 222    

QUESTIONS/BUSINESS WITH NOTICE                                                                     226

Confidential Reports

CONF-1       RFT2018/04 WINNING AND CRUSHING OF GRAVEL                             227

CONF-2       RFT2017/05 Supply of One Garbage Landfill Compactor      228

CONF-3       RFT2018/07 BULK FUEL SUPPLY                                                          229

CONF-4       RFT2018/08 DESIGN AND CONSTRUCT RURAL FIRE SERVICE SHED TARCUTTA                                                                                                               230

CONF-5       HOOK LIFT TRUCK - OPTIONS FOR CONTINUING SERVICE AT REGIONAL TRANSFER STATIONS                                                                           231

CONF-6       Major Events Advisory Panel                                                      232

CONF-7       WAGGA WAGGA CITY COUNCIL EXPRESSIONS OF INTEREST FOR GRAZING LICENCE AT GREGADOO WASTE MANAGEMENT CENTRE                 233

CONF-8       PROPOSED GRAZING LICENCE AGREEMENT - SURPLUS SEWER LAND 234  

PRAYER

 

 

ACKNOWLEDGEMENT OF COUNTRY

 

 

APOLOGIES

 

 

Confirmation of Minutes

CM-1              Extraordinary Council Meeting - 13 October 2017       

 

Recommendation

That the Minutes of the proceedings of the Extraordinary Council Meeting held on 13 October 2017 be confirmed as a true and accurate record.

 

 

Attachments  

1.

Minutes - Extrardinary Council Meeting - 13 October 2017

2

 

 

CM-2              Ordinary Council Meeting - 23 October 2017       

 

Recommendation

That the Minutes of the proceedings of the Ordinary Council Meeting held on 23 October 2017 be confirmed as a true and accurate record.

 

 

Attachments  

1.

Minutes - Ordinary Council Meeting - 23 October 2017

2

 

 

DECLARATIONS OF INTEREST

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                NOM-1

 

Motions Of Which Due Notice Has Been Given

NOM-1           NOTICE OF MOTION - Disabled access to Wagga’s waterways

Author:          Councillor Dan Hayes

 

Analysis:

This Notice of Motion is being presented to Council to explore options and funding sources for improving access to our waterways for people with a disability.

 

 

 

Recommendation

That Council staff bring forward a report on options to improve and fund the accessibility to Wagga Wagga’s waterways to increase access and opportunity for sporting and recreation use.

 

 

Report

I present this Notice of Motion to:

 

·       Improve access to Wagga Wagga’s significant attractions such as Lake Albert, Murrumbidgee River, and Wollundry Lagoon is important for residents with a disability so they can make more use of these attractions.

·       Further improve upon Wagga's attractiveness for inclusive tourism, which is a considerable part of the travel and recreation market.

 

Financial Implications

N/A

Policy and Legislation

Disability Inclusion Action Plan (DIAP)

Recreation and Open Space and Community Strategy (ROSC)

Link to Strategic Plan

Safe and Healthy Community

Objective: We have access to health and support services that cater for all our needs

Outcome: Our health and support services meet the needs of our community

Risk Management Issues for Council

No specific issues identified.

Internal / External Consultation

N/A


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                NOM-2

 

NOM-2           NOTICE OF MOTION - Change to Payment of Expenses and Provision of Facilities to Councillors Policy POL 025

Author:          Councillor Dan Hayes

 

Analysis:

This Notice of Motion is being presented to Council to change the requirement for Councillor reports after attendance at a conference, seminar, training course or workshop.

 

 

Recommendation

That Council:

a       bring forward a report on options to change Section 3.6.2.6 of the Payment of Expenses and Provision of Facilities to Councillors Policy (POL 025) which states that Councillors attendance at conferences, seminars, training courses or workshops “may be the subject of a report to Council” to a compulsory requirement to provide a report to Council

b       create a template for these reports

c        explore possibilities to ensure reports are presented to Council in an Ordinary Meeting

 

Report

I present this Notice of Motion to:

 

·      Ensure residents are aware of the outcomes and issues of attendance at conferences, seminars, training courses and workshops by Councillors.

·      Improve the learning outcomes for all Councillors through sharing knowledge and information gained at these events.

 

Financial Implications

N/A

Policy and Legislation

Payment of Expenses and Provision of Facilities to Councillors Policy (POL 025)

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We are accountable and transparent

Risk Management Issues for Council

No specific issues identified.

Internal / External Consultation

N/A

  


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                   RP-1

 

Reports from Staff

RP-1               DA16/0104 INTENSIVE PLANT AGRICULTURE, RURAL INDUSTRY, EARTHWORKS ON FLOODPLAIN, FARM BUILDINGS, ROADSIDE STALL, FOOD & DRINK PREMISES, SIGNAGE AND NEW ACCESS, 103 TRAVERS STREET, WAGGA WAGGA, LOTS 4 -6 DP 7050 & LOT 5 DP 848787 

Author:          Camilla Rocks 

Director:       Adrian Butler

         

Analysis:

The report is for a development application and is presented to Council for determination. The application has been referred to Council on request of the General Manager due to the potential impacts on Council’s sewer infrastructure, proximity to TOLL, the removal of the dwelling (due to flooding) and tourism initiative / proximity to Riverside.

 

 

Recommendation

That Council approve DA16/0104 for Intensive Plant Agriculture, Rural Industry, Earthworks on Floodplain, Farm Buildings, Roadside Stall, Food & Drink Premises, Signage and New Access at 103 Travers Street WAGGAWAGGA NSW 2650 subject to the conditions outlined in the Section 79C Assessment Report for DA16/0104.

 

Development Application Details

 

Applicant

Michael Cashen

Owner

Michael Cashen, Kylie Cashen

Development Cost

$450,000

Development Description

This proposal is for the development of an existing vacant rural allotment for the purpose of a “pick your own” strawberry farm and related ancillary development and infrastructure.

 

The proposal includes the following elements:

·      Use of the site for Intensive Plant Agriculture (hydroponic strawberries)

·      Use of the site for a Rural Industry and construction of a processing shed and ancillary staff facilities as well as ancillary farm buildings

·      Earthworks to create a building pad

·      Roadside stall for the sale of strawberries and related products

·      Cafe

·      Signage

·      Vehicle movement areas and car parking, landscaping and pathways

Report

Key Issues

1.      Flood prone land outside the levee bank:

2.      Site is high to very high hazard floodprone land

3.      Depth of flood up to 2m across the site, low velocity

4.      Compatibility of the use with existing adjoining land uses (sewage treatment plant and transport depot)

5.      Proximity to Sewage Treatment Plant –The Department of Urban Affairs and Planning’s Circular E3 — Guidelines for buffer areas around sewage treatment plants (STP) recommended buffer zones of at least 400 metres surrounding sewage treatment plants. A “Best Practice Odour Guideline” has since been drafted by the EPA which, although not legally enforceable, encourages the maintenance of existing separation distances. Main building is proposed at approx. 320m from plant

6.      Risk to Council of allowing development within the separation distance with regard to odour incidents at the STP and complaints from café and farm patrons

7.      Previous use of adjacent land for landfill may have led to contamination of the site

8.      Visitor parking cannot enter and leave the site in a forward direction

9.      Commercial premises are prohibited in the RU1 zone

 

Assessment

·        The proposal is defined under the standard definitions contained in the Wagga Wagga Local Environmental Plan 2010 (LEP) as Intensive Plant Agriculture, Rural Industry, Earthworks, Farm Buildings, Roadside Stall, Food & Drink Premises

·        Under the provisions of the LEP, the subject site is within the RU1 General Rural zone and SP2 (Sewage Treatment Plant) zone.

·        The proposal is generally consistent with the RU1 objectives because the development will maintain and enhance the natural resource base, the various agricultural activities will encourage diversity in primary industry enterprises and systems appropriate for the area and will maintain the rural landscape character of the land. The lot is existing and no subdivision is proposed which would fragment or alienate resource lands.

·        The proposal avoids the land that is subject to the SP2 zone and that area is intended to remain undeveloped as per existing.

·        The application seeks approval under Clause 5.3 of the LEP – Development Near Zone Boundaries, for the use of part of the development for a cafe. Under the provisions, commercial premises are prohibited in the RU1 zone. The site is adjacent to land in the RE2 Private Recreation zone. Restaurants and cafes are permitted in the RE2 zone with consent. It is considered that the proposed cafe would generally be compatible with the objectives, as outlined in the 79C report attached under separate cover. Alternately, Council could request that the proponent make a Planning Proposal for a special provision over the site to address the prohibition.

 

·        The site is outside the city levee bank system and in a high hazard flood prone area.  The provisions allow for development on land that is compatible with the land’s flood hazard. The agricultural component is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding. Access to the site is cut once the 20yr flood peak is reached.

·        There is a groundwater bore existing on the property. The development proposal indicates that groundwater will be utilised for the property, in compliance with existing licencing. Due to the location adjacent to former landfill site, there is concern that the groundwater is contaminated therefore it is recommended that any consent be conditional on the groundwater being excluded from use on food products.

·        The site investigation concluded that the soil on site is not contaminated and is suitable for residential use with limited consumption of fruit and vegetables grown in the soil but not suitable for the keeping of poultry.

·        The proposed crop may be subject to contamination from STP aeration processes.

·        Proposed signage has not been detailed however locations of signs as submitted is considered acceptable subject to further details being submitted prior to release of Construction Certificate.

·        The Development Application was notified and advertised in accordance with the DCP provisions and no submissions were received.

·        The development is consistent with relevant provisions of the Wagga Wagga Development Control Plan 2010.

·        The proposed development may impact on the operation of the Sewage Treatment Plant (STP), owned by Wagga Wagga City Council, adjacent to the site if patrons make complaints about offensive odours or noise. An odour report commissioned by Council in 2010 states that the odour level in the vicinity of the main building and plantation are below acceptable limits.

·        The proposed development may impact on the operation of the Transport Depot adjacent to the site if patrons make complaints about offensive noise.  The Transport Depot operates 24hours a day/7 days a week.

·        Whilst the proposed parking arrangement is technically non-compliant with DCP but given the nature of Billagha Street, considered appropriate.

·        The site is a rural site that is not of sufficient size to support a dwelling or a traditional primary industry. It is located in a precinct that has been identified as a tourist destination due to the existing golf centre, wetlands and proximity to the Murrumbidgee River.

·        The proposed “pick your own” strawberry farm is the only farm of its kind in the LGA and has recreational and social benefits for the population.

 

Reasons for Approval

1.      The proposed development is consistent with the objectives of Clause 5.3 of the Wagga Wagga Local Environmental Plan 2010 and the consent authority is satisfied that the development is not inconsistent with the objectives for development in the RU1 and RE2 zones and the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land;

2.      The proposed development is consistent with the objectives contained within Part 7 of the Wagga Wagga Local Environmental Plan 2010 relating to additional local provisions;

 

3.      The objectives of Sections 2, 4 and 8 of the Wagga Wagga Development Control Plan 2010 (the DCP)  are satisfied by the proposed development;

4.      For the abovementioned reasons it is considered to be in the public interest to approve this development application.

 

Site Location

The site, being Lots 4, 5 and 6 in Deposited Plan 7050 and Lot 5 in Deposited Plan 848787, is known as 103 Travers Street, Wagga Wagga. The site is an irregular shape, with a narrow access handle to Travers Street. It is approximately 14.2 hectares in size. It is situated on the south-western corner of Narrung and Billagha Streets. Billagha Street is a rural type road, sealed but without kerb and guttering.

 

Access to the site is from Billagha Street. The site has an informal access to Travers Street however this access will not be formally utilised by the public as it does not meet Australian Standards for sightlines. The site is bordered by Billagha Street to the east, Council land to the west, Narrung Street to the north and the city levee bank to the south.

 

The site is relatively flat, with a slight rise to the north. The main flood levee bank is located along the southern boundary of the site.

 

The site has historically been in use as agricultural land. It is a remnant part of a 1912 subdivision. There is no dwelling on the land. 

 

Land to the north and west of the site is Council owned and partly used for the city’s main sewerage treatment plant. The site opposite the subject site to the east is a former landfill site now in use as a recreation facility, also Council owned. Land to the south on the southern side of the levee bank is a transport depot. There are several small rural residential lots west of the Travers Street handle.

 

 

Financial Implications

N/A

Policy

Wagga Wagga Local Environmental Plan 2010

Wagga Wagga Development Control Plan 2010

 

Link to Strategic Plan

The Environment

Objective: Create and maintain a functional, attractive and health promoting built environment

Outcome: We look after and maintain our community assets

 

Risk Management Issues for Council

Refusal of the application may result in an appeal process in the Land and Environment Court which will have to be defended by Council. The reasons for refusal will have to be justified and withstand scrutiny and cross examination in Court.

 

Approval of the café (sensitive receptor) inside the recommended separation distance from the Sewage Treatment Plant (STP) may result in the NSW Environmental Protection Authority receiving complaints about odour from the STP, resulting in a fine and/or requirement for upgrade of the plant.

Internal / External Consultation

See attached s79C report for details of all consultation.

 

Attachments  

 

1.

DA16/0104 - 79C Assessment Report  - Provided under separate cover

 

2.

DA16/0104 - Plans - Provided under separate cover

 

3.

DA16/0104 - Statement of Environmental Effects - Provided under separate cover

 

 

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                   RP-2

 

RP-2               Planning Proposal LEP17/0002 to amend the Wagga Wagga Local Environmental Plan 2010

Author:          Crystal Golden 

Director:       Natalie Te Pohe

         

Analysis:

The purpose of this Planning Proposal is to rezone a portion of 6 Belmore Place, Tatton from R5 Large Lot Residential to R1 General Residential and to remove minimum lot size provisions to facilitate an additional R1 General Residential lot.

 

 

Recommendation

That Council:

a       support the planning proposal to amend the Wagga Wagga Local Environmental Plan 2010

b       submit the planning proposal to the Department of Planning and Environmental for Gateway Determination

c        adopt the planning proposal to amend the Wagga Wagga Local Environmental Plan 2010 if no submissions are received

d       receive a further report if submissions are received during the exhibition period

i         addressing any submissions made in respect of the planning proposal

ii        proposing adoption of the planning proposal unless there are any recommended amendments deemed to be substantial and requiring a further public exhibition period

 

Report

An application and planning proposal has been received for 6 Belmore Place, Tatton as illustrated in Figure 1.

 

Figure 1, Site Location

The Planning Proposal has been prepared by Blueprint Planning and Development on behalf of the landowner to rezone land for R1 General Residential purposes and to remove the minimum lot size for part of 6 Belmore Place, Tatton. The amendment will provide a more conventional zone boundary for subdivision purposes and retain a rural lifestyle block containing the existing dwelling.

 

The proposal will result in amendments to the Wagga Wagga Local Environmental Plan 2010 land zoning map and minimum lot size map.

 

The proposal intends to:

 

·        rezone a small portion of the lot fronting Brindabella Drive from R5 large lot residential land to R1 general residential

·        rezone a small portion of the lot from R1 general residential to R5 large lot residential to align with the proposed rural lifestyle block boundary

 

Amendments will also occur to the minimum lot size map with zero lot size provisions applying to land proposed to be rezoned to R1 general residential and 0.2 hectare lot size provisions applying to land proposed to be rezoned to R5 large lot residential.

 

A more detailed description of the proposal with supporting information is attached under separate cover.

 

The proposal will result in amendments to the Wagga Wagga Local Environmental Plan 2010 land zoning map and minimum lot size map. The land zoning and minimum lot size proposed is shown in the maps below:

 

Figure 2: Proposed Land Use Zone Changes

 


Figure 3: Proposed Minimum Lot Size Changes


The proposal is supported for the following reasons:

 

·        The proposed amendment is a minor realignment of the existing zone and minimum lot size boundaries.

·        The proposed amendment will be compatible with the existing land use pattern and urban fabric along Brindabella drive as illustrated on Figures 2 and 3.

·        It is consistent with relevant Section 117 Directions.

·        The investigation of the subject land provided with the application is sufficient to support the planning proposal with no further studies required.

·        There is sufficient information to enable Council to support the planning proposal and forward it to the Department of Planning and Environment seeking a Gateway Determination.

 

To comply with the NSW Department of Planning and Environment guidelines and to support the planning proposal, council staff have prepared a proposed timeline and exhibition mapping.

 

Financial Implications

N/A

Policy and Legislation

·        Environmental Planning and Assessment Act 1979

·        Wagga Wagga Local Environmental Plan 2010

Link to Strategic Plan

The Environment

Objective: We plan for the growth of the city

Outcome: We have sustainable urban development

Risk Management Issues for Council

No specific issues identified.

Internal / External Consultation

Consultation with Council’s Planning Section was undertaken via internal referral.

 

Community consultation will be undertaken as required by the Gateway Determination.

 

Attachments  

 

1.

Planning Proposal - LEP2017/0002 - 6 Belmore Place, Tatton - Provided under separate cover

 

2.

Planning Proposal - LEP2017/0002 - Proposed Minimum Lot Size

 

3.

Planning Proposal - LEP2017/0002 - Proposed Timeline

 

  


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                                          RP-2

 

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                                          RP-2

 

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                   RP-3

 

RP-3               2016/17 Financial Statements - Presentation from NSW Audit Office

Author:          Carolyn Rodney

Director:       Natalie Te Pohe

         

Analysis:

Council resolved to sign the 2016/17 Financial Statements at the 23 October 2017 Council Meeting, enabling Council officers to lodge the financial statements with the Office of Local Government (OLG) prior to the 31 October 2017 due date.

 

Council’s external auditors, NSW Audit Office have completed their Auditor’s Report, and have provided this to Council for their information. Representatives from NSW Audit Office will be presenting to Council at this meeting.

 

 

Recommendation

That Council:

a       note that no public submissions were received regarding the draft Financial Statements for the year ended 30 June 2017

b       receive the Audited Financial Statement, together with the Auditor’s Reports on the Financial Statements for the year ended 30 June 2017

c        receive a presentation from Council’s external auditors, NSW Audit Office

 

Report

The Audit Reports for the 2016/17 Financial Statements have now been received and are presented in accordance with section 419 (1) of the Local Government Act 1993.

 

Representatives from Council’s external auditors, NSW Audit Office will be making a presentation on the 2016/17 Financial Statements and will be available to answer any questions from Councillors.

 

Council has provided public notice that the Financial Statements and Auditor’s Reports will be presented at this meeting in accordance with section 418 (3) of the Local Government Act 1993 and has invited public submissions on the audited financial statements, of which no submissions were received.

 

Financial Implications

Council’s financial performance for the 2016/17 financial year has improved in comparison to the previous financial year’s result. The financial statements show a net operating surplus of $32.6M (including capital grants and contributions) which compares favourably to the 2015/16 result of $4.26M surplus which is mainly due to the $23.5M increase in grants and contributions ($5.9M additional for operating and $17.6M additional in capital). The main contributor to the increase in the capital grants was the $20.3M received for the Bomen Stage 1 Roadworks project.

 

 

As of 30 June 2017 Council held $35.7M in internal reserves, an increase of $4.6M on the previous year. The increase has been mainly due to the following:

 

·        Grant Commission Reserve – $5M received for the prepayment of the Financial Assistance Grant relating to the 2017/18 financial year

 

·        Fit for the Future Reserve – an additional $2.1M has been transferred to this reserve, bringing the balance up to $3.03M. Council’s Fit for the Future submission notes an annual target of identifying efficiencies of $800K and also additional operating income of $300K for asset renewals. A detailed program of priority works will be established during the 2017/18 financial year.

Policy

Local Government Act 1993

413 Preparation of Financial Reports

 (1) A council must prepare financial reports for each year, and must refer them for audit as soon as practicable (having regard to the requirements of section 416 (1)) after the end of that year.

Note : Under section 416 (1), a council's financial reports for a year must be prepared and audited within 4 months after the end of the year concerned, and under section 428 (2) (a) the audited financial reports must be included in the council's annual report.

 (2) A council's financial reports must include:

(a) a general purpose financial report, and

(b) any other matter prescribed by the regulations, and

(c) a statement in the approved form by the council as to its opinion on the general purpose financial report.

 (3) The general purpose financial report must be prepared in accordance with this Act and the regulations and the requirements of:

(a) the publications issued by the Australian Accounting Standards Board, as in force for the time being, subject to the regulations, and

(b) such other standards as may be prescribed by the regulations.

 

418   Public notice to be given of presentation of financial reports

(1)  As soon as practicable after a council receives a copy of the auditor’s reports:

(a)  it must fix a date for the meeting at which it proposes to present its audited financial reports, together with the auditor’s reports, to the public, and

(b)  it must give public notice of the date so fixed.

(2)  The date fixed for the meeting must be at least 7 days after the date on which the notice is given, but not more than 5 weeks after the auditor’s reports are given to the council.

Note. Unless an extension is granted under section 416, the meeting must be held on or before 5 December after the end of the year to which the reports relate.

(3)  The public notice must include:

(a)  a statement that the business of the meeting will include the presentation of the audited financial reports and the auditor’s reports, and

(b)  a summary, in the approved form, of the financial reports, and

(c)  a statement to the effect that any person may, in accordance with section 420, make submissions (within the time provided by that section and specified in the statement) to the council with respect to the council’s audited financial reports or with respect to the auditor’s reports.

(4)  Copies of the council’s audited financial reports, together with the auditor’s reports, must be kept available at the office of the council for inspection by members of the public on and from the date on which public notice of the holding of the meeting is given and until the day after the meeting (or any postponement of the meeting).

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We are accountable and transparent

Risk Management Issues for Council

The NSW Audit Office will provide Council with a final Management Letter by 30 November 2017, with the Interim Management Letter previously discussed at the 10 August 2017 Audit, Risk and Improvement Committee Meeting. The Interim Management Letter identified six issues with five rating as Moderate and one rated as Low. Council officers will undertake the actions that will be identified in the Final Management Responses.

Internal / External Consultation

The Council’s Community Engagement Strategy and IAP2 considers the community to be “any individual or group of individuals, organisation or political entity with an interest in the outcome of a decision….”

 

Council’s external auditors, NSW Audit Office have liaised with Council’s Finance division and presented the draft Financial Statements in detail to the Audit, Risk and Improvement Committee at the 5 October 2017 Committee meeting.

 

Attachments  

 

1.

WWCC - 2016/17 Financial Statements - Provided under separate cover

 

2.

Report on the Conduct of the Audit - NSW Audit Office

 

3.

Report on the General Purpose Financial Statements - NSW Audit Office

 

4.

Report on the Special Purpose Financial Statements - NSW Audit Office

 

5.

Report on Special Schedule No. 8 - NSW Audit Office

 

  


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                                          RP-3

 








Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                                          RP-3

 




Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                                          RP-3

 




Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                                          RP-3

 



Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                   RP-4

RP-4               Financial Performance Report as at 31 October 2017

Author:          Carolyn Rodney

Director:       Natalie Te Pohe

         

Analysis:

This report is for Council to consider and approve the proposed 2017/18 budget variations required to manage the 2017/18 budget and Long Term Financial Plan, and details Council’s external investments and performance as at 31 October 2017.

 

This report also includes Section 356 requests for financial assistance to be considered for approval.

 

 

Recommendation

That Council:

a       approve the proposed 2017/18 budget variations for the month ended 31 October 2017 and note the balanced budget position 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        provide financial assistance of the following amounts in accordance with Section 356 of the Local Government Act 1993:

i)       Mayoress Concert                                                                              $    975.00

d       note details of the external investments as at 31 October 2017 in accordance with section 625 of the Local Government Act 1993

 

Report

Wagga Wagga City Council (Council) forecasts an overall balanced budget position as at 31 October 2017. Proposed funded budget variations are detailed in this report for Council’s consideration and adoption.

 

Council has experienced a positive monthly investment performance for the month of October that is mainly attributable to Council’s Floating Rate Note (FRN) portfolio seeing a positive movement for the period. Councils managed funds investment also performed strongly during the October period. Council also continues to have a higher than anticipated investment portfolio balance and continued strong portfolio returns.

 


Key Performance Indicators

 

 

OPERATING INCOME

Total operating income is 33% of approved budget, which is tracking to budget for the end of October (this percentage excludes capital grants and contributions). An adjustment has been made to reflect the levy of rates that occurred at the start of the financial year. Excluding this adjustment, operating income received is 71%.

 

OPERATING EXPENSES

Total operating expenditure is 32% of approved budget and is tracking to budget for the full financial year.

 

CAPITAL INCOME

Total capital income is 11% of approved budget. It is important to note that the actual income from capital is influenced by the timing of the receipt of capital grants and contributions relating to projects.

 

CAPITAL EXPENDITURE

Total capital expenditure including commitments is 28% of approved budget.

 


 

WAGGA WAGGA CITY COUNCIL
STATEMENT OF FINANCIAL PERFORMANCE
1 JULY 2017 TO 31 OCTOBER 2017

CONSOLIDATED STATEMENT

 

ORIGINAL
BUDGET
2017/18
$'000

BUDGET ADJ
2017/18
$'000

APPROVED BUDGET
2017/18
$'000

YTD ACTUAL   EXCL COMMT'S 2017/18

COMMT'S 2017/18
$'000

YTD ACTUAL + COMMT'S
2017/18
$'000

YTD % OF BUD

Revenue

 

Rates & Annual Charges

(63,090,002)

0

(63,090,002)

(22,002,058)

0

(22,002,058)

35%

User Charges & Fees

(25,947,798)

35,469

(25,912,329)

(7,846,699)

0

(7,846,699)

30%

Interest & Investment Revenue

(3,154,163)

0

(3,154,163)

(1,408,175)

0

(1,408,175)

45%

Other Revenues

(2,984,954)

(51,335)

(3,036,289)

(826,098)

0

(826,098)

27%

Operating Grants & Contributions

(13,910,429)

3,432,786

(10,477,643)

(2,650,668)

0

(2,650,668)

25%

Capital Grants & Contributions

(13,704,984)

(22,547,734)

(36,252,719)

(3,705,997)

0

(3,705,997)

10%

Total Revenue

(122,792,330)

(19,130,814)

(141,923,144)

(38,439,695)

0

(38,439,695)

27%

 

 

Expenses

 

Employee Benefits & On-Costs

42,458,491

178,503

42,636,994

12,368,876

38,620

12,407,496

29%

Borrowing Costs

3,591,092

0

3,591,092

828,779

0

828,779

23%

Materials & Contracts

6,580,594

503,084

7,083,678

3,277,855

895,206

4,173,060

59%

Depreciation & Amortisation

34,477,729

0

34,477,729

11,492,576

0

11,492,576

33%

Other Expenses

32,706,532

3,280,059

35,986,591

9,442,710

1,592,459

11,035,169

31%

Total Expenses

119,814,437

3,961,645

123,776,083

37,410,795

2,526,285

39,937,080

32%

 

 

Net Operating (Profit)/Loss

(2,977,893)

(15,169,169)

(18,147,062)

(1,028,900)

2,526,285

1,497,385

 

 

Net Operating (Profit)/Loss before Capital Grants & Contributions

10,727,091

7,378,566

18,105,657

2,677,097

2,526,285

5,203,382

 

 

 

Cap/Reserve Movements

Capital Exp - Renewals

25,035,121

26,703,189

51,738,311

3,097,464

13,717,267

16,814,731

32%

Capital Exp - New Projects

16,498,302

16,373,377

32,871,678

6,772,035

4,872,039

11,644,074

35%

Capital Exp - Project Concepts

11,800,337

6,097,816

17,898,153

34,540

65,708

100,248

1%

Loan Repayments

2,474,343

0

2,474,343

824,781

0

824,781

33%

New Loan Borrowings

(7,215,980)

(4,059,170)

(11,275,150)

0

0

0

0%

Sale of Assets

(4,678,401)

(1,371,761)

(6,050,162)

(305,621)

0

(305,621)

5%

Net Movements Reserves

(6,458,101)

(28,574,282)

(35,032,383)

0

0

0

0%

Total Cap/Res Movements

37,455,621

15,169,169

52,624,790

10,423,200

18,655,013

29,078,213

55%

 

 

 

ORIGINAL
BUDGET
2017/18
$'000

BUDGET ADJ
2017/18
$'000

APPROVED BUDGET
2017/18
$'000

YTD ACTUAL   EXCL COMMT'S 2017/18

COMMT'S 2017/18
$'000

YTD ACTUAL + COMMT'S
2017/18
$'000

YTD % OF BUD

Net Result after Depreciation

34,477,728

0

34,477,728

9,394,300

21,181,298

30,575,598

 

 

 

Add back Depreciation Expense

34,477,729

0

34,477,729

11,492,576

0

11,492,576

 

 

 

Cash Budget (Surplus)/Deficit

0

0

0

(2,098,277)

21,181,298

19,083,022

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 




Revised Budget Result - Surplus/(Deficit)

$’000s

Original 2017/18 Budget Result as adopted by Council

Total Budget Variations approved to date

Budget variations for October 2017

$0

$0

$0

Proposed revised budget result for 31 October 2017

$0

 

The proposed Budget Variations to 31 October 2017 are listed below:

 

Budget Variation

Amount

Funding Source

Net Impact

Fav/ (Unfav)

2 – Safe and Healthy Community

Lawn Cemetery Irrigation and Pump Upgrade

$154K

Cemetery Reserve (100K)

Cemetery Operating Budget Savings ($54K)

Nil

Funds are required for irrigation, turfing and a pump upgrade to allow for the completion of the Lawn Cemetery Master Plan Stage 2 project. 

The current pump system is operating at its maximum capacity with this upgrade required to cater for the additional irrigation requirements. It is proposed to fund these works from identified Cemetery operational budgets this financial year ($54K) and the Cemetery Operating Reserve ($100K).

Oasis Repairs & Maintenance

$86K

Oasis Plant Reserve ($86K)

Nil

Funds are required at the Oasis for the major upgrade of all five pool sand filters, the replacement of the chlorine storage room bunding and dosing pump control panel. In addition, Council officers have identified that the two evaporative air conditioners located at Workout Gym require replacing.  Under the current lease agreement, Workout is responsible for the maintenance of the air conditioners, with Council responsible for the replacements. It is proposed to fund these required works from the Oasis Plant Reserve, which has a current balance of $1.1M and has capacity to fund these works.

4 – Community Place and Identity

Fitz Live Event

$20K

Fitz Live Grant Income ($20K)

Nil

Council has been successful in securing grant funding of $20K from the Live Music Office and Create NSW for Fitz Live. Fitz Live is a music event that will occur over two Saturdays in Autumn 2018 at Wagga Tourism Partner businesses in Fitzmaurice Street.

Civic Theatre Partnership Shows

$50K

Civic Theatre Partnership Shows Income ($50K)

Nil

It is proposed to create a new budget line for the Civic Theatre to be able to attract and present several high quality artists each year. The majority of these artists will only tour to regional areas as part of a partnership agreement. These shows are expected to operate on a cost neutral basis or return a small profit. Council are currently in partnership negotiations with a number of high quality artists.

Civic Theatre Lighting Upgrade

$57K

Civic Theatre Technical Reserve ($57K)

 

Funds are required for the continuation of the Civic Theatre lighting upgrade with the replacement of analogue lights with LED lights. LED lighting is more flexible, energy efficient, cheaper and reliable. The lights selected are now industry standard and being used by the major theatre companies in Australia. It is proposed to fund these works from the Civic Theatre Technical Reserve which has a current balance of $105K and has capacity to fund these works.

Fusion Sustainability Strategy

$18K

Fusion Sustainability Grant Income ($18K)

Nil

Council has been successful in obtaining a Building Better Regions Grant for $18K to fund the Fusion Sustainability Strategy Project. This project aims to support local communities to prosper and grow and helps to boost economic growth in the region by continued support of the Fusion Festival. The Fusion Festival celebrates the 112 countries of origin that make up our community and attracts more than 10,000 people from across the region for the event.

5 – The Environment

Graham Park Embellishment

 

Wilga Park Embellishment

$50K

 

$50K

Graham Park Grant Income ($50K)

Wilga Park Grant Income ($50K)

Nil

Council has been successful in obtaining $100K from Family & Community Services NSW under the Social Housing Community Fund to improve the liveability of social housing communities in Ashmont and Kooringal.

 

The Graham Park at Ashmont $50K grant will provide a new toilet block, bench seating and bubbler for the park. This grant will compliment the existing $100K allocated in 2017/18 for the upgrade of Graham Park.

 

The Wilga Park Kooringal grant of $50K will provide improvements to the park including landscaping, a basketball court and skate grinding rail.

VMG Christmas Lights

$20K

Events Management ($10K)

Director of Commercial Operations - Operational Budget Savings ($10K)

Nil

Due to feedback received from community members last festive season, it is proposed to purchase and install quality Christmas lighting for the Victory Memorial Gardens (VMG). This involves providing lighting to the main tree at the VMG which will offer a new look and feel for Christmas 2017 in Wagga Wagga. Due to timing restraints, the lighting has been ordered to ensure that these lights will be installed by the end of November in time for Christmas. It is proposed to fund this variation from the existing Events Management budget and operational budget savings identified in the Director of Commercial Operations area.

SURPLUS/(DEFICIT)

Nil

 


Current Restrictions

 

RESERVES SUMMARY

31 OCTOBER 2017

 

Approved Changes

 

 

 

CLOSING BALANCE 2016/17

ADOPTED RESERVE TRANSFERS 2017/18

BUDGET VARIATIONS APPROVED UP TO COUNCIL MEETING 23.10.17

RECOMMENDED CHANGES for Council Resolution

REVISED BALANCE

 

 

Externally Restricted

 

Developer Contributions

(21,947,807)

3,374,249

4,733,577

(13,839,982)

Sewer Fund Reserve

(24,045,646)

1,229,992

3,325,465

(19,490,189)

Solid Waste Reserve

(15,824,723)

4,878,008

1,207,212

(9,739,503)

Specific Purpose Unexpended Grants/Contributions

(3,378,959)

0

3,378,959

0

SRV Levee Reserve

(1,167,316)

1,167,316

0

Stormwater Levy Reserve

(2,940,246)

(587,206)

451,268

(3,076,184)

Total Externally Restricted

(69,304,697)

8,895,043

14,263,797

0

(46,145,858)

 

 

Internally Restricted

 

Airport Reserve

(371,610)

(386,660)

101,914

(656,355)

Art Gallery Reserve

(30,990)

(21,000)

0

(51,990)

Ashmont Community Facility Reserve

(4,500)

(1,500)

0

(6,000)

Bridge Replacement Reserve

(240,240)

(100,000)

153,573

(186,667)

CBD Carparking Facilities Reserve

(891,982)

0

129,191

(762,792)

CCTV Reserve

(64,476)

(10,000)

0

(74,476)

Cemetery Perpetual Reserve

(157,605)

(125,146)

144,084

(138,667)

Cemetery Reserve

(193,116)

(161,330)

0

(354,446)

Civic Theatre Operating Reserve

0

(50,000)

0

(50,000)

Civic Theatre Technical Infra Reserve

(105,450)

(50,000)

0

57,000

(98,450)

Civil Projects Reserve

(155,883)

0

0

(155,883)

Community Amenities Reserve

(5,685)

0

0

(5,685)

Council Election Reserve

(166,776)

(73,095)

0

(239,871)

Emergency Events Reserve

(133,829)

(86,331)

(220,160)

Employee Leave Entitlements Gen Fund Reserve

(3,184,451)

0

0

(3,184,451)

Environmental Conservation Reserve

(131,351)

0

0

(131,351)

Estella Community Centre Reserve

(230,992)

0

0

(230,992)

Family Day Care Reserve

(169,356)

(123,944)

0

(293,300)

Fit for the Future Reserve

(3,033,479)

(2,265,725)

542,464

(4,756,740)

Generic Projects Saving

(1,040,610)

20,000

93,727

(926,883)

Glenfield Community Centre Reserve

(17,704)

(2,000)

0

(19,704)

Grants Commission Reserve

(4,956,776)

0

4,956,776

0

Grassroots Cricket Reserve

(70,992)

0

0

(70,992)

Gravel Pit Restoration Reserve

(761,422)

0

25,000

(736,422)

Gurwood Street Property Reserve

(50,454)

0

0

(50,454)

Information Services

(378,713)

250,000

0

(128,713)

Infrastructure Replacement Reserve

(136,098)

(48,071)

954

(183,215)

Insurance Variations Reserve

(28,644)

0

0

(28,644)

Internal Loans Reserve

(674,661)

(851,794)

695,008

(831,446)

Lake Albert Improvements Reserve

(53,867)

(50,000)

56,078

(47,789)

LEP Preparation Reserve

(28,301)

14,636

11,120

(2,545)

Livestock Marketing Centre Reserve

(7,267,731)

(1,180,017)

4,053,725

(4,394,024)

Museum Acquisitions Reserve

(39,378)

0

0

(39,378)

Oasis Building Renewal Reserve

(172,000)

(32,147)

121,000

(83,147)

Oasis Plant Reserve

(1,115,347)

90,000

0

86,000

(939,347)

Parks & Recreation Projects

(79,648)

0

74,360

(5,288)

Pedestrian River Crossing (old Riverside) Reserve

(198,031)

48,031

150,000

0

Plant Replacement Reserve

(5,893,831)

1,804,934

1,059,675

(3,029,223)

Playground Equip Replacement Reserve

(59,181)

(105,679)

0

(164,860)

Project Carryovers Reserve

(1,276,882)

0

1,276,882

0

Public Art Reserve

(173,283)

(23,669)

0

(196,952)

Robertson Oval Redevelopment Reserve

(86,697)

0

0

(86,697)

Senior Citizens Centre Reserve

(13,627)

(2,000)

0

(15,627)

Sister Cities Reserve

(36,527)

(10,000)

0

(46,527)

Stormwater Drainage Reserve

(183,420)

0

3,177

(180,242)

Strategic Real Property Reserve

(702,792)

0

(380,000)

(1,082,792)

Street Lighting Replacement Reserve

(74,755)

(30,000)

0

(104,755)

Subdivision Tree Planting Reserve

(272,621)

(20,000)

0

(292,621)

Sustainable Energy Reserve

(520,442)

35,000

60,000

(425,442)

Traffic Committee Reserve

(50,000)

(50,000)

0

(100,000)

Total Internally Restricted

(35,686,205)

(3,511,177)

13,242,376

143,000

(25,812,006)

 

 

Total Restricted

(104,990,903)

5,383,866

27,506,173

143,000

(71,957,864)

 

 

 

 

 

 

 

 

Section 356 Financial Assistance Requests

 

Two Section 356 Donation requests has been received for consideration at the 27 November 2017 Ordinary Council meeting. A donation request of $90 to the Tiny Tykes Markets is the subject of a separate report.

 


The second donation request is noted below.

 

·        Mayoress Concert 2018  - $975

 

The Mayoress – Mrs Jenny Conkey has requested the waiver of the hire fees for the Civic Theatre to stage a fund raising concert on the 28 July 2018.

 

Mayoress Conkey in her attached request notes:

 

“The concert would be a showcase of local musical talent with all profit used to fund youth programs in the local community “

 

 

Section 356 financial assistance available budget

$8,010.64     

Mayoress Concert

($975.00)

Tiny Tykes Market (Subject of separate 27 November Council Report)

(90.00)

 

Total Section 356 Financial Assistance Requests – 27 November   2017 Council Meeting

 

 

($ 1065.00)  

 

Proposed balance of Section 356 financial assistance budget – available for requests received for the remainder of this financial year

 

 

$6,945.64

 

 

 

Investment Summary as at 31 October 2017

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

 

Institution

Rating

Closing Balance
Invested
30/09/2017
$

Closing Balance
Invested
31/10/2017
$

October
EOM
Current Yield
%

October
EOM
%
of Portfolio

Investment
Date

Maturity
Date

Term
(mth)

Short Term Deposits

 

 

 

 

 

 

 

 

Police Credit Union

NR

1,000,000

1,000,000

2.87%

0.86%

6/12/2016

6/12/2017

12

Banana Coast CU

NR

1,000,000

1,000,000

2.80%

0.86%

2/06/2017

1/06/2018

12

AMP

A

2,000,000

2,000,000

2.80%

1.72%

2/06/2017

1/06/2018

12

CUA

BBB

1,000,000

1,000,000

2.80%

0.86%

9/02/2017

5/01/2018

11

AMP

A

2,000,000

2,000,000

2.60%

1.72%

2/08/2017

2/08/2018

12

ME Bank

BBB

2,000,000

0

0.00%

0.00%

16/12/2016

16/10/2017

10

CUA

BBB

1,000,000

1,000,000

2.75%

0.86%

3/03/2017

2/03/2018

12

Suncorp-Metway

A+

2,000,000

2,000,000

2.60%

1.72%

7/06/2017

3/01/2018

7

NAB

AA-

2,000,000

2,000,000

2.60%

1.72%

8/09/2017

7/09/2018

12

Suncorp-Metway

A+

2,000,000

0

0.00%

0.00%

9/06/2017

9/10/2017

4

Suncorp-Metway

A+

2,000,000

2,000,000

2.55%

1.72%

9/06/2017

6/11/2017

5

ME Bank

BBB

2,000,000

2,000,000

2.60%

1.72%

22/08/2017

19/04/2018

8

AMP

A

1,000,000

1,000,000

2.80%

0.86%

8/09/2017

5/06/2018

9

NAB

AA-

2,000,000

2,000,000

2.62%

1.72%

28/09/2017

28/09/2018

12

Auswide

BBB-

0

2,000,000

2.67%

1.72%

5/10/2017

5/10/2018

12

Auswide

BBB-

0

1,000,000

2.67%

0.86%

16/10/2017

16/10/2018

12

Total Short Term Deposits

 

23,000,000

22,000,000

2.67%

18.87%

 

 

 

At Call Accounts

 

 

 

 

 

 

 

 

NAB

AA-

3,028,968

1,533,002

1.50%

1.31%

N/A

N/A

N/A

NAB

AA-

14,049,701

15,577,967

2.19%

13.36%

N/A

N/A

N/A

Institution

Rating

Closing Balance
Invested
30/09/2017
$

Closing Balance
Invested
31/10/2017
$

October
EOM
Current Yield
%

October
EOM
%
of Portfolio

Investment
Date

Maturity
Date

Term
(mth)

AMP

A

182,498

182,821

2.15%

0.16%

N/A

N/A

N/A

Beyond Bank

BBB+

148,698

148,850

1.00%

0.13%

N/A

N/A

N/A

CBA

AA-

51,634

51,594

1.35%

0.04%

N/A

N/A

N/A

Total At Call Accounts

 

17,461,500

17,494,233

2.12%

15.00%

 

 

 

Medium Term Deposits

 

 

 

 

 

 

 

 

RaboBank

A+

1,000,000

1,000,000

3.16%

0.86%

5/06/2017

6/06/2022

60

ING Bank

A

3,000,000

3,000,000

2.75%

2.57%

24/08/2017

26/08/2019

24

ME Bank

BBB

2,000,000

2,000,000

4.28%

1.72%

2/09/2014

2/09/2019

60

Rabobank

A+

1,000,000

1,000,000

4.10%

0.86%

5/12/2014

5/12/2019

60

Beyond Bank

BBB+

990,000

990,000

3.70%

0.85%

4/03/2015

4/03/2018

36

Beyond Bank

BBB+

990,000

990,000

3.70%

0.85%

11/03/2015

11/03/2018

36

BOQ

BBB+

2,000,000

2,000,000

3.10%

1.72%

7/07/2017

7/07/2020

36

Newcastle Permanent

BBB

1,000,000

1,000,000

3.00%

0.86%

12/08/2016

12/08/2019

36

Rabobank

A+

1,000,000

1,000,000

3.20%

0.86%

25/08/2016

25/08/2021

60

Newcastle Permanent

BBB

1,000,000

1,000,000

3.00%

0.86%

31/08/2016

30/08/2019

36

Police Credit Union

NR

1,000,000

1,000,000

2.90%

0.86%

8/09/2016

10/09/2018

24

Newcastle Permanent

BBB

2,000,000

2,000,000

3.00%

1.72%

10/02/2017

11/02/2019

24

Westpac

AA-

3,000,000

3,000,000

3.10%

2.57%

10/03/2017

10/03/2022

60

ING Bank

A

0

1,000,000

2.92%

0.86%

16/10/2017

16/10/2019

24

Total Medium Term Deposits

 

19,980,000

20,980,000

3.24%

17.99%

 

 

 

Floating Rate Notes - Senior Debt

 

 

 

 

 

 

 

 

Bendigo-Adelaide

BBB+

1,003,564

1,006,917

BBSW + 93

0.86%

17/09/2014

17/09/2019

60

BOQ

BBB+

2,015,000

2,021,800

BBSW + 110

1.73%

5/08/2014

24/06/2019

58

BOQ

BBB+

1,009,023

1,005,587

BBSW + 107

0.86%

6/11/2014

6/11/2019

60

BOQ

BBB+

1,009,023

1,005,587

BBSW + 107

0.86%

10/11/2014

6/11/2019

60

ME Bank

BBB

1,003,714

1,005,777

BBSW + 100

0.86%

17/11/2014

17/11/2017

36

ME Bank

BBB

1,003,714

1,005,777

BBSW + 100

0.86%

17/11/2014

17/11/2017

36

Teachers Mutual

BBB

1,002,744

1,004,837

BBSW + 105

0.86%

4/12/2014

4/12/2017

36

Newcastle Permanent

BBB

1,003,974

1,006,107

BBSW + 110

0.86%

27/02/2015

27/02/2018

36

Macquarie Bank

A

2,008,000

2,012,400

BBSW + 110

1.73%

3/03/2015

3/03/2020

60

ANZ

AA-

759,392

0

0.00%

0.00%

17/04/2015

17/04/2020

60

Heritage Bank

BBB+

1,005,813

1,001,078

BBSW + 115

0.86%

7/05/2015

7/05/2018

36

NAB

AA-

1,008,130

0

0.00%

0.00%

3/06/2015

3/06/2020

60

Heritage Bank

BBB+

1,005,813

1,001,078

BBSW + 115

0.86%

9/06/2015

7/05/2018

35

CBA

AA-

1,013,912

1,010,627

BBSW + 90

0.87%

17/07/2015

17/07/2020

60

Westpac

AA-

1,013,752

1,009,907

BBSW + 90

0.87%

28/07/2015

28/07/2020

60

Bendigo-Adelaide

BBB+

1,008,643

1,012,347

BBSW + 110

0.87%

18/08/2015

18/08/2020

60

Credit Suisse

A

1,008,233

0

0.00%

0.00%

24/08/2015

24/08/2018

36

Bendigo-Adelaide

BBB+

1,008,643

1,012,347

BBSW + 110

0.87%

28/09/2015

18/08/2020

59

Westpac

AA-

2,027,504

2,019,814

BBSW + 90

1.73%

30/09/2015

28/07/2020

58

Suncorp-Metway

A+

1,021,130

1,017,086

BBSW + 125

0.87%

20/10/2015

20/10/2020

60

Westpac

AA-

4,075,884

4,059,188

BBSW + 108

3.48%

28/10/2015

28/10/2020

60

AMP

A

1,817,501

1,822,729

BBSW + 110

1.56%

11/12/2015

11/06/2019

42

CBA

AA-

1,020,510

1,016,806

BBSW + 115

0.87%

18/01/2016

18/01/2021

60

Rabobank

A+

2,057,038

2,063,050

BBSW + 150

1.77%

4/03/2016

4/03/2021

60

Newcastle Permanent

BBB

1,007,043

1,009,597

BBSW + 160

0.87%

22/03/2016

22/03/2019

36

CUA

BBB

2,045,000

2,018,874

BBSW + 160

1.73%

1/04/2016

1/04/2019

36

Institution

Rating

Closing Balance
Invested
30/09/2017
$

Closing Balance
Invested
31/10/2017
$

October
EOM
Current Yield
%

October
EOM
%
of Portfolio

Investment
Date

Maturity
Date

Term
(mth)

ANZ

AA-

1,016,251

1,019,506

BBSW + 118

0.87%

7/04/2016

7/04/2021

60

Suncorp-Metway

A+

1,026,779

1,022,386

BBSW + 138

0.88%

21/04/2016

12/04/2021

60

AMP

A

1,021,530

1,025,136

BBSW + 135

0.88%

24/05/2016

24/05/2021

60

Westpac

AA-

1,018,231

1,021,946

BBSW + 117

0.88%

3/06/2016

3/06/2021

60

CBA

AA-

1,023,630

1,020,226

BBSW + 121

0.88%

12/07/2016

12/07/2021

60

ANZ

AA-

2,037,182

2,044,672

BBSW + 113

1.75%

16/08/2016

16/08/2021

60

BOQ

BBB+

1,516,743

1,511,816

BBSW + 117

1.30%

26/10/2016

26/10/2020

48

NAB

AA-

1,016,721

1,014,407

BBSW + 105

0.87%

21/10/2016

21/10/2021

60

Teachers Mutual

BBB

1,510,205

1,501,842

BBSW + 140

1.29%

28/10/2016

28/10/2019

36

Bendigo-Adelaide

BBB+

1,007,673

1,011,347

BBSW + 110

0.87%

21/11/2016

21/02/2020

39

Westpac

AA-

1,018,461

1,016,226

BBSW + 111

0.87%

7/02/2017

7/02/2022

60

ANZ

AA-

1,011,832

1,016,486

BBSW + 100

0.87%

7/03/2017

7/03/2022

60

CUA

BBB

750,825

752,925

BBSW + 130

0.65%

20/03/2017

20/03/2020

36

Heritage Bank

BBB+

602,984

600,413

BBSW + 130

0.51%

4/05/2017

4/05/2020

36

Teachers Mutual

BBB

1,007,307

1,003,528

BBSW + 142

0.86%

29/06/2017

29/06/2020

36

NAB

AA-

3,013,092

3,030,141

BBSW + 90

2.60%

5/07/2017

5/07/2022

60

Suncorp-Metway

A+

1,004,373

1,008,171

BBSW + 97

0.86%

16/08/2017

16/08/2022

60

Westpac

AA-

0

2,000,200

BBSW + 81

1.72%

30/10/2017

27/10/2022

60

Total Floating Rate Notes - Senior Debt

 

55,566,515

54,770,690

 

46.98%

 

 

 

Managed Funds

 

 

 

 

 

 

 

 

NSW Tcorp

NR

1,312,222

1,347,006

2.65%

1.16%

17/03/2014

1/09/2022

101

Total Managed Funds

 

1,312,222

1,347,006

2.65%

1.16%

 

 

 

TOTAL CASH ASSETS, CASH
EQUIVALENTS & INVESTMENTS

 

117,320,236

116,591,928

3.22%

100.00%

 

 

 

LESS: RIVERINA REGIONAL LIBRARY (RRL) CASH AT BANK

 

3,010,032

2,797,235

 

 

 

 

 

TOTAL WWCC CASH ASSETS, CASH
EQUIVALENTS & INVESTMENTS

 

114,310,205

113,794,693

 

 

 

 

 

 

Council’s portfolio is dominated by Floating Rate Notes (FRN’s) at approximately 47% across a broad range of counterparties. Cash equates to 15% of Council’s portfolio with Term Deposits around 37% 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 remained relatively stable from the previous month’s balance, down from $114.3M to $113.8M.

 

 

MONTHLY INVESTMENT MOVEMENTS

 

Redemptions/Sales – Council redeemed/sold the following investment security during October 2017:

 

Institution and Type

Amount

Investment

Term

Interest

Rate

Comments

ME Bank Term Deposit

$2M

10 months

2.80%

This term deposit was redeemed due to poor reinvestment rates available with ME Bank. These funds were reinvested with Auswide Bank and ING Bank (see below).

Suncorp-Metway Term Deposit

$2M

4 months

2.50%

This term deposit was redeemed due to poor reinvestment rates available with Suncorp-Metway. These funds were reinvested with Auswide Bank (see below).

ANZ Floating Rate Note

$750K

5 years

BBSW + 82bps

This floating rate note was sold for a Capital gain of $5,588.

NAB Floating Rate Note

$1M

5 years

BBSW + 80bps

This floating rate note was sold for a Capital gain of $6,660 and the funds used to invest in a $2M parcel of Westpac Bank Floating Rate Note (see below).

Credit Suisse Floating Rate Note

$1M

3 years

BBSW + 105bps

This floating rate note was sold for a Capital gain of $5,090 and the funds used to invest in a $2M parcel of Westpac Bank Floating Rate Note (see below).

 

New Investments – Council purchased the following investment securities during October 2017:

 

Institution and Type

Amount

Investment

Term

Interest

Rate

Comments

Auswide Bank

Term Deposit

$2M

12 months

2.67%

The Auswide Bank rate of 2.67% compared favourably to the rest of the market for this investment term. This term was chosen to fill a maturity gap within the portfolio.

Auswide Bank

Term Deposit

$1M

12 months

2.67%

The Auswide Bank rate of 2.67% compared favourably to the rest of the market for this investment term. This term was chosen to fill a maturity gap within the portfolio.

ING Bank

Term Deposit

$1M

2 years

2.92%

The ING Bank rate of 2.92% compared favourably to the rest of the market for this investment term. This term was chosen to fill a maturity gap within the portfolio.

Westpac Floating Rate Note

$2M

5 years

BBSW + 81bps

Council’s independent Financial Advisor advised this Floating Rate Note represented fair value with a major bank.

 

Rollovers – Council did not roll over any investment securities during October 2017.

 

MONTHLY PERFORMANCE

 

Interest/growth/capital gains for the month totaled $318,894, which compares favourably with the budget for the period of $235,087, outperforming budget for October by $83,807. This is mainly attributable to Council’s Floating Rate Note (FRN) portfolio seeing a slight increase for the October period as well as a strong return from the NSW TCorp Managed Fund. It should be noted that many of Councils FRNs continue to trade at a premium.

 

The capital market value of these FRN investments will fluctuate from month to month and Council continues to receive the coupon payments and the face value of the investment security when sold or at maturity.

 

It is also important to note Council’s investment portfolio balance has consistently been over $100M recently, which is tracking well above what was originally predicted. This is mainly due to the timing of some of the major projects that are either not yet commenced or not as advanced as originally predicted. It is anticipated that over the 2017/18 financial year the portfolio balance will reduce with the construction of major projects.

 

 

The longer-dated deposits in the portfolio, particularly those locked in above 4% yields, have previously anchored Council’s portfolio performance. It should be noted that the portfolio now only includes two investments yielding above 4% and Council will inevitably see a fall in investment income over the coming months compared with previous periods. Council staff and Council’s Independent Financial Advisor will continue to identify opportunities to lock in higher yielding investments as they become available.

 

In comparison to the AusBond Bank Bill Index* (+1.74%pa), Council’s investment portfolio in total returned 3.22% for October. Short-term deposits returned 2.67%. 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.

Report by Responsible Accounting Officer

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 Investments Policy adopted by Council on 26 August 2013.

 

Carolyn Rodney

Responsible Accounting Officer

Policy and Legislation

Budget variations are reported in accordance with Council’s POL 052 Budget Policy.

 

Investments are reported in accordance with Council’s POL 075 Investment Policy.

 

Local Government Act 1993

 

625   How may councils invest?

(1)  A council may invest money that is not, for the time being, required by the council for any other purpose.

(2)  Money may be invested only in a form of investment notified by order of the Minister published in the Gazette.

(3)  An order of the Minister notifying a form of investment for the purposes of this section must not be made without the approval of the Treasurer.

(4)  The acquisition, in accordance with section 358, of a controlling interest in a corporation or an entity within the meaning of that section is not an investment for the purposes of this section.

 

Local Government (General) Regulation 2005

 

212   Reports on council investments

(1)  The responsible accounting officer of a council:

(a)  must provide the council with a written report (setting out details of all money that the council has invested under section 625 of the Act) to be presented:

(i)  if only one ordinary meeting of the council is held in a month, at that meeting, or

(ii)  if more than one such meeting is held in a month, at whichever of those meetings the council by resolution determines, and

(b)  must include in the report a certificate as to whether or not the investment has been made in accordance with the Act, the regulations and the council’s investment policies.

(2)  The report must be made up to the last day of the month immediately preceding the meeting.

 

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We are accountable and transparent

 

Risk Management Issues for Council

This report is a control mechanism that assists in addressing the following potential risks to Council:

·        Loss of investment income or capital resulting from ongoing management of investments, especially during difficult economic times

·        Failure to demonstrate to the community that its funds are being expended in an efficient and effective manner

Internal / External Consultation

Council’s Community Engagement Strategy and IAP2 considers the community to be “any individual or group of individuals, organisation or political entity with an interest in the outcome of a decision….”

 

All relevant areas within the 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.

 

Attachments  

 

1.

Section 356 Donation Request - Mayoress Concert

 

 

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                                          RP-4


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                   RP-5

 

RP-5               COUNCIL MEETING DATES JANUARY 2018 to DECEMBER 2018

Author:                        Ingrid Hensley

General Manager:    James Bolton

         

Analysis:

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.

 

 

Recommendation

That Council:

a       endorse the schedule of Ordinary Council meetings for the period January 2018 to December 2018 as outlined in the report

b       delegate authority to the General Manager, in consultation with the Mayor, to change a date and/or time of an Ordinary Council meeting if deemed appropriate

 

Report

Council, at the 12 December 2016 Council Meeting, adopted meeting dates up to and including December 2017. This report provides a schedule of meeting dates for 2018. 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.

 

Council meeting dates

 

Outlined below are the proposed Ordinary Council Meeting dates for the period January 2018 to October 2018:

·        Monday, 29 January 2018

·        Monday, 26 February 2018

·        Monday, 26 March 2018

·        Monday, 23 April 2018

·        Monday, 28 May 2018

·        Monday, 25 June 2018

·        Monday, 23 July 2018

·        Monday, 27 August 2018

·        Monday, 24 September 2018

·        Monday, 29 October 2018

·        Monday, 26 November 2018

·        Monday, 17 December 2018

 

Notes:

·        The date for the December meeting has been brought forward to accommodate for the Christmas break.

·        The date for the October meeting is delayed by a week to accommodate the finalisation of the financial statements, and their review by the Audit, Risk and Improvement Committee. This would mean a five-week period between the September and October meetings, followed by a three-week period between the November and December meetings.

·        Commencement time for Council Meetings is generally 6.00pm.

 

A report will be prepared for the October 2018 Council Meeting, which will propose dates for Council Meetings for 2019.

 

In addition to the schedule of meetings set out above, the Local Government Act 1993 and Council’s adopted Code of Meeting Practice provides the ability for Extraordinary Meetings of the Council in accordance with prescribed provisions.

 

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 meeting. This will enable, where appropriate, changes to be made in a timely manner without the requirement for a report to Council.

 

Financial Implications

N/A

Policy and Legislation

N/A

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We plan long term

Risk Management Issues for Council

No specific issues identified.

Internal / External Consultation

N/A

 

  

 

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                   RP-6

 

RP-6               Delegation of authority to the Mayor

Author:                        Ingrid Hensley

General Manager:    James Bolton

         

Analysis:

Adopt revised accurate and contemporary Delegations of Authority to the Mayor.

 

 

Recommendation

That Council delegate the following powers, authorities, duties or functions to the Mayor, as listed below:

1.      Day-to-day oversight of the general manager’s employment under the contract of employment between the Council and the general manager as contemplated by Part D of Division of Local Government, Department of Premier & Cabinet in 2011 titled ‘Guidelines for the Appointment & Oversight of General Managers’

2.      Incurring expenditure on behalf of the Council in connection with the mayor’s day-to-day oversight of the general manager’s employment in order to obtain independent expert advice on matters relating to the general manager’s performance under the contract of employment between the Council and the general manager

3.      To exercise the function of the Council of deciding whether to call an extraordinary meeting

4.      To expend money in an amount not exceeding $30,000.00 in any financial year in the proper exercise of the Council’s functions in circumstances where the Mayor reasonably considers that the expenditure is urgent and the expenditure is duly authorised by the Council under clause 211 of the Local Government (General) Regulation 2005 and subject to any conditions or limitations imposed by resolution of the Council from time to time specifically for the purpose of this delegation.

5.      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.

 

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. 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.

 

A review of the Mayor’s delegation has been undertaken, giving consideration to legislative requirements, Office of Local Government advice, benchmarking against other NSW Council’s, current processes and contemporary best practice.

 

The revised 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 relates to:

 

·        Conferring Powers or Duties under the Act

·        Powers or Duties under other legislation

·        Preside at Meetings and Functions of Council

The Mayor does not need a delegation from Council to carry out the functions set out in section 226 as above, that section provides the functions as specified.

 

In accordance with the roles, previous delegations and consistent with legislation, it is therefore recommended that the powers, authorities, duties and functions listed above be delegated to the Mayor. This recommendation proposes a reduction in the number of delegations held by the Mayor, in part due to the changes to section 226 on 23 September 2016.

 

Therefore, in summary delegations previously provided to the Mayor have not been included for the following reasons:

 

 

Existing Delegation

Recommendation

1.01 (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

The function is a role imposed upon the Mayor under the Act and is not a function of the Council to be delegated.

1.01 (b)

To authorise any work which in the Mayor’s opinion is urgent but at a cost not exceeding $30,000

Delegation wording amended but delegation remains, as recommended.

1.02 (a)

To call extraordinary meetings of Council in terms of Council’s Code of Meeting Practice

Delegation remains as recommended.

1.02 (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

 

The Code of Meeting Practice already provides the specific power to the Mayor and, therefore, a separate delegation is not required.

1.03

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).

The delegation is already a statutory role of the Mayor by reason of section 226(d) of the Act, and does not need to be delegated

1.04

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.

The delegation is an administrative function. However, a separate section dealing with expenditure has been included in the revised delegations.

1.05 (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.

Delegation remains as recommended.

1.05 (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.

The delegation is considered uncertain and not required.

1.06

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

The delegation will be the subject of a specific resolution.

The delegation is also part of the statutory role of the Mayor under section 226(m) of the Act.

1.07

To carry out the civic and ceremonial functions of the office of Mayor (Statutory function under Section 226).

The delegation is already a statutory role of the Mayor by reason of section 226(l) of the Act, and does not need to be delegated.

1.08

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.

The delegation is already a statutory role of the Mayor by reason of section 226(l) of the Act, and does not need to be delegated.

1.09

To perform Citizenship Ceremonies and present Certificates of Australian Citizenship as provided by the relevant Act.

1.10 (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.

Delegation wording amended but delegation remains, as recommended.

 

1.10 (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

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.

The delegation is already a statutory role of the Mayor by reason of section 226(c) of the Act, and does not need to be delegated.

1.12

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.

The delegation is already a statutory role of the Mayor by reason of section 226(l) of the Act, and does not need to be delegated.

 

Financial Implications

N/A

Policy and Legislation

The NSW Parliament passed amendments to the Act in the Local Government Amendment (Governance and Planning) Act 2016, which introduced new roles and responsibilities for mayors, councillors and governing bodies. A review of the current and proposed instruments of delegation taking into account the distinction between an administrative task, which does not need to be delegated, and a function of the Council under a statute which is to be exercised by Council or its delegate was undertaken.

 

·        Local Government Act 1993 – Section 226

·        Delegations Policy – POL 060

·        Payment of Expenses and Provision of Facilities to Councillors - POL 025

 

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We are accountable and transparent

 

Risk Management Issues for Council

Accuracy and accountability of Delegations of Authority to the Mayor.

Internal / External Consultation

·        The Mayor

·        Office of Local Government

·        Council’s Legal Panel Solicitors

·        Finance and Governance staff

 

Attachments  

 

1.

Section 226 - Local Government Act 1993

 

 

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                                          RP-6

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                   RP-7

RP-7               DELEGATION OF AUTHORITY TO THE GENERAL MANAGER

Author:                        Ingrid Hensley

General Manager:    James Bolton

       

 

Analysis:

In accordance with Section 377 of the Local Government Act 1993 (NSW), Council may delegate certain functions to the General Manager to facilitate the day-to-day operation of the Council. The General Manager then delegates these functions to the various staff according to the requirements of their position.

 

Recommendation

That Council:

a       delegate from 30 November 2017, as outlined below, to the General Manager Mr Peter Thompson, 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 or imposed on the Council by or 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 by or under any other Act

LIMITATIONS

a       A power, authority, duty or function the subject of this delegation shall not be exercised by the General Manager in relation to any matter if the Council, by resolution, gives a direction to that effect to the General Manager

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

EXCEPTIONS

a       The determination of any development application that proposes development that would contravene a development standard imposed by Wagga Wagga Local Environmental Plan 2010 or any other environmental planning instrument and that is accompanied by a written request from the applicant seeking to  justify the contravention of the development standard

b       Determination of any development application that is required to be referred to Council for determination in accordance with the Wagga Wagga Development Control Plan 2010, as amended or substituted from time to time

c        Determination of any application in accordance with POL 046 Processing Development Applications Lodged by Councillors, Staff and Individuals of which a Conflict of Interest May Arise, or on Council Owned Land Policy, as amended or substituted from time to time

d       Determination of any development application that is required to be referred to Council for determination in accordance with any directive issued by the Department of Planning and Environment

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 (NSW) (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 under this or any other Act, 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 to provide services currently provided by members of staff of 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.

(1A)       Despite subsection (1), a council may delegate its functions relating to the granting of financial assistance if:

(a)       the financial assistance is part of a specified program, and

(b)       the program is included in the council's draft operational plan for the year in which the financial assistance is proposed to be given, and

(c)       the program's proposed budget for that year does not exceed 5 per cent of the council's proposed income from the ordinary rates levied for that year, and

(d)       the program applies uniformly to all persons within the council's area or to a significant proportion of all the persons within the council's area.

 

(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 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.

Financial Implications

N/A

Policy and Legislation

A delegation of a Council function must be made by a Council resolution as per Chapter 12 Part 3 sections 377-381 of the NSW Local Government Act 1993.

 

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We are accountable and transparent

Risk Management Issues for Council

No specific issues identified.

Internal / External Consultation

N/A

 

 

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                   RP-8

RP-8               Reinstatement of Airport Fees and Charges

Director:       Natalie Te Pohe

          

Analysis:

Council is presented with the submissions from the public exhibition process in relation to the reinstatement of airport-related fees and charges for 2017/18 for consideration.

 

 

Recommendation

That Council:

a       notes and has considered the public submissions received in relation to the proposed reinstatement of fees and charges for 2017/18 and the new fees and charges that were proposed

b       modifies the proposed fees and charges in order to provide further clarity

c        endorses the reinstatement of the following fees and charges for 2017/18 from 1 July 2017:

Fee and Charge Description

Pricing Policy ID

Basis

2017/18 Fee (exclusive of GST)

GST

2017/18 Fee (inclusive of GST)

Annual landing permits apply to Resident Aircraft being aircraft based at the Wagga Wagga Airport that operate for more than 90% of a financial year from this Airport; and is registered and approved as a Resident Aircraft with and by the Aerodrome Operator.

Such permits apply to, and are valid for, the financial year commencing 1 July.

Resident Freight aircraft annual landing permit

D*

Per tonne per annum (manufacturers MTOW)

$151.09

$15.11

$166.20

Resident Private Aircraft annual landing permit

D*

Per tonne per annum (manufacturers MTOW)

$150.00

$15.00

$165.00

Resident Commercial & Training aircraft annual landing permit

D*

Per tonne per annum (manufacturers MTOW)

$300.00

$30.00

$330.00

Landing charges apply to non-resident aircraft landing at Wagga Wagga Airport, but excludes RPT aircraft and operators exempted by Council.

Landing charge – fixed wing aircraft (non RPT)

D*

Per tonne per landing (manufacturers MTOW)

$12.36

$1.24

$13.60

Landing charge – rotary wing aircraft (non RPT)

D*

Per tonne per landing (manufacturers MTOW)

$6.18

$0.62

$6.80

Replacement for lost parking permit

D*

Each

$50.00

$5.00

$55.00

* As per the Pricing Policy, these items are priced to cover the cost of the item plus normal commercial mark-ups.

to be placed on public exhibition for a period in excess of 28 days from 2 December to 3 January 2018 and invite public submissions on the proposed reinstatement of fees and charges

d       notes that the fees outlined above do not incorporate the annual increase of 3%

e       endorses the following new fees and charges for 2017/18 from the date of Council adoption for:

Fee and Charge Description

Pricing Policy ID

Basis

2017/18 Fee (exclusive of GST)

GST

2017/18 Fee (inclusive of GST)

Parking charges apply to non-resident aircraft parked at Wagga Wagga Airport overnight. The Airport Reporting Officer will record parked aircraft on their first inspection of the day. Parking charges do not apply to RPT aircraft and operators exempted by Council.

Parking Fees – Fixed Wing and Rotary Wing Aircraft up to 5,000kg MTOW

C*

Per day, per tonne MTOW.

 

Applies to all visiting aircraft parked anywhere on the airport.

 

Resident and RPT Aircraft are Exempt.

$6.80

$0.68

$7.48

Parking Fees – Fixed Wing and Rotary Wing Aircraft 5,000kg to 10,000kg MTOW

C*

$7.80

$0.78

$8.58

Parking Fees – Fixed Wing and Rotary Wing Aircraft above 10,000kg MTOW

C*

$8.80

$0.88

$9.68

* As per the Pricing Policy, these items are priced so as to return a total cost recovery for the activities provided.

to be placed on public exhibition for a period in excess of 28 days from 2 December to 3 January 2018 and invite public submissions on the proposed reinstatement of fees and charges

f        receives a further report following the public exhibition period:

i         addressing any submission made in respect of the proposed fees and charges

ii        proposing adoption of the reinstated fees and charges to come into effect from 1 July 2017 and the new fees to come into effect from the date of Council adoption, unless there are any recommended amendments that will require a further public exhibition period

 

Report

At the Ordinary Meeting of Council held on 25 September 2017, Council resolved:

 

That Council:

a       endorses the reinstatement of the following fees and charges for 2017/18 from 1 July 2017:

Fee and Charge Description

Pricing Policy ID

Basis

2017/18 Fee (exclusive of GST)

GST

2017/18 Fee (inclusive of GST)

Locally based freight operations annual landing agreement (per engine)

D*

Per tonne per annum (manufacturers MTOW)

$151.09

$15.11

$166.20

Replacement for lost parking permit

D

Each

$50.00

$5.00

$55.00

Annual landing agreement – private aircraft

D

Per tonne per annum (manufacturers MTOW)

 

 

$150.00

$15.00

$165.00

Annual landing agreement – commercial and pilot training aircraft

D

Per tonne per annum (manufacturers MTOW)

$300.00

$30.00

$330.00

Landing charge – fixed wing aircraft (non RPT)

D

Per tonne per annum (manufacturers MTOW)

$12.36

$1.24

$13.60

Landing charge – rotary wing aircraft (non RPT)

D

Per tonne per annum (manufacturers MTOW)

$6.18

$0.62

$6.80

* As per the Pricing Policy, these items are priced to cover the cost of the item plus normal commercial mark-ups.

to be placed on public exhibition for a period of 28 days from 30 September to 28 October and invite public submissions on the proposed reinstatement of fees and charges

b       notes that the fees outlined above do not incorporate the annual increase of 3%

c        endorses the following new fees and charges for 2017/18 from the date of Council adoption for:

Fee and Charge Description

Pricing Policy ID

Basis

2017/18 Fee (exclusive of GST)

GST

2017/18 Fee (inclusive of GST)

Parking Fees – Fixed Wing and Rotary Wing Aircraft up to 5,000kg MTOW

C*

Applies to all visiting aircraft parked anywhere on the airport. Resident and RPT Aircraft are Exempt

$6.80

$0.68

$7.48

Parking Fees – Fixed Wing and Rotary Wing Aircraft 5,000kg to 10,000kg MTOW

C*

$7.80

$0.78

$8.58

Parking Fees – Fixed Wing and Rotary Wing Aircraft above 10,000kg MTOW

C*

$8.80

$0.88

$9.68

* As per the Pricing Policy, these items are priced so as to return a total cost recovery for the activities provided.

to be placed on public exhibition for a period of 28 days from 30 September to 30 October and invite public submissions on the proposed reinstatement of fees and charges

d       receives a further report following the public exhibition period:

i        addressing any submission made in respect of the proposed fees and charges

ii        proposing adoption of the reinstated fees and charges to come into effect from 1 July 2017 and the new fees to come into effect from the date of Council adoption, unless there are any recommended amendments deemed to be substantial and requiring a further public exhibition period

 

During the public exhibition period, Council received six written submissions. Members of the Airport Advisory Committee also raised questions with officers in relation to the proposed fees and charges.

 


The submissions received have been summarised in the following table:

 

Summary of Feedback Received

Officer’s Response

Reinstatement of Fees

General support with regard to the reinstatement of fees from 1 July 2017.

No response required.

Suggested that the annual fees could be subject to annual CPI increases in the future.

Officers agree with an annual increase and would be recommending that the fees are increased in accordance with the Council’s Pricing Policy in the future.

Supports annual landing or a per landing fee. Suggests that all aircraft including general aviation and light sports which could be subject to annual CPI increases in the future.

All general aviation and light sports aircraft (where they can be identified) are charged landing fees. Officers would recommend that fees are increased in accordance with the Council’s Pricing Policy in the future.

New Parking Fees for Visiting Aircraft

Recommends not to introduce the proposed new parking fee for visiting aircraft on the basis that operators already pay a landing fee.

The landing fees charged are at an insufficient level to ensure infrastructure relating to the runway, taxiways and aprons can be maintained and/or renewed. Parking fees will assist to recoup the $6.2 million that has been invested in the airport mainly for aircraft that require parking facilities.

Parking fees are suggested to be discriminatory against visiting aircraft when compared to camping and the parking of motor homes and caravans at Wilks Park free of charge.

The parking fees for visiting aircraft are directly aligned with the concept of equity and fair recovery of the infrastructure investment at the airport.

Support exemption of locally based aircraft and introducing parking charges for larger aircraft (in excess of 5,000 kg) on the basis that recreational and private aircraft operators provide a benefit to the economy.

The visiting aircraft, like all aircraft, exert stress on apron surfaces and take up space. In considering equity, all aircraft, irrespective of size, should contribute to the overall investment in the airport infrastructure.

Introduction of parking fees for visiting private light aircraft will impact on tourism however comfortable charging commercial operators.

220,000 passengers travelling through the airport per annum currently pay 81.1% of the total aviation relating income. It is unclear as to what the actual impact on tourism may be unless a fee is introduced with parking fees being charged at other airports.

Unclear from the proposed charges whether the fee is per hour, per day or per week.

Further clarity has been provided. The fee is proposed to be a per tonne (MTOW), per day charge where non‑resident aircraft have parked at the Wagga Wagga Airport overnight. The Airport Reporting Officer will record parked aircraft on their first inspection of the day.

New parking charges may deter operators bringing their aircraft to Wagga for service and maintenance and will be less attractive, particularly for the smaller, private / recreational aircraft.

All maintenance activities are based around the Western GA Apron and the Commercial Precinct. Aircraft parked in front of the maintenance hangars have actually been handed over to that resident maintenance organisation, and is not considered to be a parked aircraft if it is within the parking clearance area in front of such a hangar. The new parking charges should not therefore have any impact on operators from bringing their aircraft to Wagga for service and maintenance.

 

In accordance with the Office of Local Government’s “Pricing & Costing for Council Businesses – A Guide to Competitive Neutrality” the Wagga Wagga Airport is a category 1 business (greater than $2M gross operating revenue turnover) given its commercial characteristics, and has been reporting in the Council’s Financial Statements accordingly.

 

In accordance with Council’s POL 013 Return on Investment Council Businesses Policy, the Wagga Wagga Airport aims to achieve a positive return on investment and pay a dividend of 25% of the Surplus Result from Continuing Operations before Capital Amounts to the General Fund of Council by 2020. Council should note that for the financial year ended 30 June 2017, there was no dividend returned to the General Fund of Council.

 

It is important that the Airport is operated in a similar manner to a commercial business in order to achieve Council’s Policy position, while still ensuring that equity is applied across all user groups. It is for this reason that Officers are recommending to retain the new parking fees for visiting aircraft under 5,000 kg. A significant amount of investment has taken place to accommodate light aircraft, which should be recouped. This will ensure that funds are also available for future renewal and maintenance associated with the infrastructure servicing this particular group of aircraft.

 

Other councils within the region have adopted aircraft parking charges. These have been included for comparison purposes only:

 

 

 

2017/18 GST Inclusive

 

Albury Airport

Locally based operators up to 5,700kg

Per annum

$370

 

Locally based operators over 5,700kg

Per annum

On application

 

Non RPT & Charter Aircraft on RPT Apron – Aircraft <10,000kg MTOW

Per 24 hour or part thereof

$100

Per 24 hour period of part thereof (First 4 hours no charge)

Non RPT & Charter Aircraft on RPT Apron – Aircraft >10,000kg MTOW

Per 24 hour period or part thereof

 

 

 

$200

Per 24 hour period of part thereof (First 4 hours no charge)

Griffith Airport

First week

 

Free

 

-     1 week to 1 month

Per night

$11.40

 

-     1 month to 1 year

Per night

$9.30

 

-     1 year

Annual

$2,485.00

 

 

In order to provide further clarification and to ensure that the proposed fees and charges are clear to all airline operators, Officers are recommending that minor amendments are made. Any amendments to fees and charges require Council to provide public notice in accordance with s610F(3) of the Local Government Act 1993.

 

Financial Implications

The revenue received during 2016/17 relating to the fees and charges proposed to be reinstated was approximately $90,940. These funds are placed into the Airport Reserve to fund the maintenance, operations and infrastructure program at the Airport.

 

It is unclear as to how much revenue would be generated from the proposed new parking fees at this time, and while initial estimates were in the vicinity of $100K per annum, this would be proportionate with the timing of their introduction.

Policy and Legislation

Local Government Act 1993

Chapter 15, Part 10, Division 1

 

608 Council fees for services

(1)  A council may charge and recover an approved fee for any service it provides, other than a service provided, or proposed to be provided, on an annual basis for which it is authorised or required to make an annual charge under section 496 or 501.

(2)  The services for which an approved fee may be charged include the following services provided under this Act or any other Act or the regulations by the council:

•    supplying a service, product or commodity

•    giving information

•    providing a service in connection with the exercise of the council’s regulatory functions—including receiving an application for approval, granting an approval, making an inspection and issuing a certificate

•    allowing admission to any building or enclosure.

(8)  An approved fee charged in connection with a service provided at an airport established and maintained by the council may be recovered from the holder of the certificate of registration issued under the Civil Aviation Regulations of the Commonwealth for the aircraft in respect of which the service was provided. This subsection applies whether or not the holder is the person to whom the service is actually provided.

 

610B Fees to be determined in accordance with pricing methodologies

(1)  A council may determine a fee to which this Division applies only in accordance with a pricing methodology adopted by the council in its operational plan prepared under Part 2 of Chapter 13.

(2)  However, a council may at any time determine a fee otherwise than in accordance with a pricing methodology adopted by the council in its operational plan, but only if the determination is made by a resolution at an open meeting of the council.

 

610D How does a council determine the amount of a fee for a service?

(1)  A council, if it determines the amount of a fee for a service, must take into consideration the following factors:

(a) the cost to the council of providing the service,

(b) the price suggested for that service by any relevant industry body or in any schedule of charges published, from time to time, by the Department,

(c) the importance of the service to the community,

(d) any factors specified in the regulations.

(2)  The cost to the council of providing a service in connection with the exercise of a regulatory function need not be the only basis for determining the approved fee for that service.

(3)  A higher fee or an additional fee may be charged for an expedited service provided, for example, in a case of urgency.

 

610F Public notice of fees

(1)  A council must not determine the amount of a fee until it has given public notice of the fee in accordance with this section and has considered any submissions duly made to it during the period of public notice.

(2)  Public notice of the amount of a proposed fee must be given (in accordance with section 405) in the draft operational plan for the year in which the fee is to be made.

(3)  However, if, after the date on which the operational plan commences:

(a) a new service is provided, or the nature or extent of an existing service is changed, or

(b) the regulations in accordance with which the fee is determined are amended,

the council must give public notice (in accordance with section 705) for at least 28 days of the fee proposed for the new or changed service or the fee determined in accordance with the amended regulations.

(4)  This section does not apply to a fee determined by a council for an application made in a filming proposal, if that fee is consistent with a scale or structure of fees set out in an applicable filming protocol.

 

Local Government (General) Regulation 2005

 

201   Annual statement of council’s revenue policy

 

(1)  The statement of a council’s revenue policy for a year that is required to be included in an operational plan under section 405 of the Act must include the following statements:

(a)  a statement containing a detailed estimate of the council’s income and expenditure,

(b)  a statement with respect to each ordinary rate and each special rate proposed to be levied,

 

Note.  The annual statement of revenue policy may include a note that the estimated yield from ordinary rates is subject to the specification of a percentage variation by the Minister if that variation has not been published in the Gazette when public notice of the annual statement of revenue policy is given.

(c)  a statement with respect to each charge proposed to be levied,

(d)  a statement of the types of fees proposed to be charged by the council and, if the fee concerned is a fee to which Division 3 of Part 10 of Chapter 15 of the Act applies, the amount of each such fee,

(e)  a statement of the council’s proposed pricing methodology for determining the prices of goods and the approved fees under Division 2 of Part 10 of Chapter 15 of the Act for services provided by it, being an avoidable costs pricing methodology determined by the council in accordance with guidelines issued by the Director-General,

(f)  a statement of the amounts of any proposed borrowings (other than internal borrowing), the sources from which they are proposed to be borrowed and the means by which they are proposed to be secured.

(4)  The statement of fees and the statement of the pricing methodology need not include information that could confer a commercial advantage on a competitor of the council.

 

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We plan long term

 

Risk Management Issues for Council

If the Council determines not to reinstate the fees and charges, there will be a negative impact on the Airport Reserve, which will further impact on the ability of the Airport to maintain and develop its infrastructure and operational programs.

Internal / External Consultation

The Council’s Community Engagement Strategy and IAP2 considers the community to be “any individual or group of individuals, organisation or political entity with an interest in the outcome of a decision….”

 

Correspondence was sent to local and resident aircraft operators on 3 October outlining the proposed fees and charges, which offered them an opportunity to provide a public submission whereby six submissions were received.

 

The proposed charges were also advertised on the Council’s website, in the 30 September edition of Council News and in hard copy at the customer service desk at the Civic Centre.

 

If Council endorse the proposed amendments, the proposed fees require a further public notice period and further correspondence will be sent to the operators that will provide them with a further opportunity to provide a public submission.

 

Consultation has been undertaken internally with the relevant areas of Council; along with the Office of Local Government to ensure legislative compliance.

 

Attachments  

 

1.

Public Submissions

 

 

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                                          RP-8












Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                   RP-9

 

RP-9               Strategic Planning Update

Author:          Tristan Kell 

Director:       Natalie Te Pohe

         

Analysis:

The purpose of this report is to provide an update on Strategic Planning matters including the status of the Activation Strategy 2040 and the Recreation Open Space and Community Strategy.

 

 

Recommendation

That Council:

a       note that the Activation Strategy 2040 will require re-exhibition as a draft document to incorporate suggested changes from NSW Department of Planning and Environment

b       note that Recreation Open Space and Community Strategy 2040 will be presented to Council as a final document in early 2018

c        note the revised update in relation to Strategic Planning matters

 

Report

Activation Strategy 2040

The Activation Strategy 2040 will provide the city a blueprint to accommodate an additional 18,000 people by 2040. Providing direction for growth and building on our existing built and natural environment, it is a critical document moving forward.

 

Council is seeking formal endorsement from the Department of Planning and Environment (DPE). Formal endorsement from the DPE will ensure that Council’s strategic planning framework aligns with the DPE and will ensure that future amendments to the Wagga Wagga Local Environmental Plan, which are consistent with the Activation Strategy, can occur in an efficient and effective manner.

 

DPE have indicated the strategy is a good starting point, however requires further review in relation to the documents’ purpose and desired outcomes. DPE has committed to work with Council to ensure that the strategy aligns with best practice, is consistent with DPE’s revised planning framework and can then be endorsed.

 

Council staff anticipate providing a revised draft strategy in early 2018. Further workshops will be held with Councillors’, community, industry and government agencies to ensure that the document is developed through best practice public participation.

 

22 Submissions were received during the exhibition process. These stakeholders will be formally notified that the draft strategy will be re-exhibited taking on board their feedback and they will be provided the opportunity to participate further in the completion of the document.

 


Recreation, Open Space and Community Strategy 2040

During the exhibition period, eight written submissions and 25 Facebook posts were received providing comments on the draft Recreation, Open Space and Community Strategy 2040. Positive correspondence was also received from the Department of Planning and Environment highlighting Council’s strategic planning approach. Feedback received has focussed on the following areas:

 

·        Planning and development in Villages and Precincts.

·        Footpath connectivity and walking tracks

·        Riverside

·        Water-based recreational activity

·        Built recreational facilities

·        Use of existing recreational infrastructure

 

By developing the Recreation, Open Space and Community Strategy 2040, Wagga Wagga City Council is aiming to develop a connected, liveable city. The Strategy has been written to provide strategic direction for the planning, development, management and use of community spaces over the next 20 years within the Wagga Wagga Local Government Area. It identifies the key community infrastructure that will be required to meet the anticipated growth within the city and responds to the communities needs and desires as identified through community engagement activities.

 

The strategy will be presented to Council in early 2018 as a final document. The report will be supported by an annexure addressing a summary of the submissions received, similar to the Wagga Wagga Integrated Transport Strategy and Implementation Plan 2040 (WWITS 2040).

 

General City Strategy Update:

Planning Document

Timeframe

Community Strategic Plan

Adopted by Council – February 2017

Integrated Transport Strategy and Implementation Plan 2040

Adopted by Council – August 2017

Draft Recreation, Open Space and Community Strategy and Plan

·   Endorsed for Public Exhibition 28 August 2017

·   Present to Council for Adoption early 2018

Draft Activation Strategy 2040

·   Endorsed for Public Exhibition 28 August 2017

·   Re-exhibition – early 2018

Wagga LEP Anomalies

·   26 June 2017 – Council endorsed to commence gateway process

·   Finalised Early 2018

Wagga DCP Review

·   December 2017 – Present to Council through workshops

·   2018 – Community consultation and progression

Comprehensive LEP

Commence review late 2018

 

Update on Approximate Timeframes for Contribution Plans

Section 94 Plan

·      Priorities are being determined in alignment with the WWITS 2040, and the draft Recreation, Open Space and Community Strategies. A draft works schedule has been developed

·      A full reconciliation of the existing plan has been completed which details completed works, works to be carried over, works to be abandoned etc.

·      A consultant has completed the complex elements of the plan including the apportionment of cost between developer contributions and ratepayers

·      Review of administrative clauses is being undertaken – there is a desire to simplify the language in the plan

·      Legal advice was obtained on reallocating funds from the existing plan into the priorities contained in a new Section 94 Plan

·      Consultant has updated work schedule and break down of costs of future plan

·      Next step is workshop with Councillors and consultation with Industry and Community, which will commence during December 2017

·      Target date for completion is June 2018

 

Section 94A Plan

·        Review of administrative clauses is being undertaken – there is a desire to simplify the language in the plan

·        Reduce the works schedule items to a few high profile items – Bomen enabling roads and Riverside are the key priorities

·        Additional workshops early 2018

·        Target date for completion – July 2018

 

Sewer Development Servicing Plan

·      Immediate priority is to provide an addendum to the existing plan to capture the development areas in Bomen

·      Key desire to increase flexibility around timing and splitting of payments at the subdivision stage to ensure the charge properly reflects the impact of new development on our sewer systems

·      A consultant has been engaged to prepare the addendum for Bomen and coordinate the master planning process for Council’s sewer infrastructure

·      New Sewer DSP to be prepared following the master planning process

·      Review of administrative clauses – there is a desire to simplify the language in the plan

·      Additional workshops early 2018

·      Target date for completion of Bomen addendum is June 2018

 


Stormwater DSP

·      A consultant has been engaged to coordinate the master planning process for Council’s stormwater infrastructure

·      New Stormwater DSP to be prepared following the master planning process

·      Review of administrative clauses – there is a desire to simplify the language in the plan

·      Target date for completion of draft Stormwater DSP is June 2018.

 

Financial Implications

There are no financial implications contained within the report, with the funding for these plans provided for within the adopted Long Term Financial Plan. Some of the outcomes of the implementation plans will require consideration by Council in the future.

Policy, Strategies and Legislation

·        Community Strategic Plan 2040 – Wagga View

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

·        Development Control Plan 2010

·        Disability Inclusion Action Plan 2017 - 2021

·        Environment Planning and Assessment Act (EP&A)

·        Local Environment Plan 2010

·        Local Government Act 1993

·        Wagga View Community Strategy Plan 2040

·        NSW Crown Lands Act

·        NSW Integrated Planning and Reporting Framework

·        Premier Priorities

·        Riverina and Murray Region Plan

·        Wagga Wagga Activation Strategy 20140

·        Wagga Wagga Integrated Transport Strategy and Implementation Plan 2040

·        Wagga Wagga Playground Strategy

 

Link to Strategic Plan

The Environment

Objective: We plan for the growth of the city

Outcome: We have sustainable urban development

 

Risk Management Issues for Council

The development of the abovementioned plans assists to mitigate Council’s risks associated with matters such as:

·    Developer levies not adequately funding the infrastructure required for population growth

·    A reduction in Federal and State funding which results in reduced capacity to deliver community, social and cultural operations and services

 

·    Planning strategies that are not resourced and developed in a timely manner leading to delayed or inappropriate (ad hoc) development, out of sync development, poor provision of infrastructure, poor reputation for Council, and poor community, liveability and environmental outcomes

·    Council’s inability to maintain, renew and upgrade existing infrastructure at appropriate levels which could lead to accelerated decline in infrastructure condition or possibly catastrophic infrastructure failure

·    Insufficient capacity for the city to grow due to lack of availability and appropriately zoned land

·    Inability to maintain / increase employment base of the LGA leading to adverse socio-economic consequences

·    Lack of enabling infrastructure driving economic growth of the city will lead to the inhibiting of current and future growth within the city

·    Increased impact of urban salinity as a result of inadequate development controls in place

Internal / External Consultation

Extensive public, internal and agency consultation has occurred to inform the draft Wagga Wagga Activation Strategy 2040 and Recreation, Open Space and Community Strategy with community engagement to date including the following:

 

·        Suburb and Village Consultation – Community Strategic Plan – Wagga View:

-        Humula – 30 May 2016

-        Tarcutta – 30 May 2016

-        Uranquinty – 31 May 2016

-        Mangoplah – 31 May 2016

-        Oura – 1 June 2016

-        Cartwrights Hill – 1 June 2016

-        North Wagga Wagga – 1 June 2016

-        Ladysmith – 2 June 2016

-        Gumly Gumly – 2 June 2016

-        Forest Hill – 2 June 2016

-        Currawarna – 3 June 2016

-        Estella – 3 June 2016

-        Charles Sturt University – 3 June 2016

-        San Isidore – 8 June 2016

-        Collingullie – 8 June 2016

-        Galore – 8 June 2016

 

·        Wagga View rural area questionnaire – August 2016

-        Distributed to over 3,000 households

 

·        Village and suburb consultation:

-        Currawarna – 31 January 2017

-        Ladysmith – 8 February 2017

-        Uranquinty – 14 February 2017

-        Galore – 21 February 2017

-        Tarcutta – 2 March 2017

-        Humula – 6 March 2017

-        Mangoplah – 15 March 2017

-        Collingullie – 22 March 2017

-        Oura – 29 March 2017

-        Ashmont – 5 April 2017

-        Glenfield Park – 3 May 2017

-        Tolland – 10 May 2017

-        Lloyd – 17 May 2017

-        Bourkelands – 24 May 2017

-        Mount Austin – 7 June 2017

-        Turvey Park – 14 June 2017

-        Tatton – 21 June 2017

-        Kooringal – 28 June 2017

 

·        Individual meetings have been held with Councillors on a variety of occasions along with Councillor workshops being held on the following dates with the following in attendance:

 

20 March 2017

Progress Update on Strategic Planning

·        Cr Greg Conkey OAM (Mayor)

·        Cr Dallas Tout (Deputy Mayor)

·        Cr Yvonne Braid

·        Cr Dan Hayes

·        Cr Vanessa Keenan

·        Cr Rod Kendall

·        Cr Tim Koschel

·        Cr Kerry Pascoe

 

13 June 2017

·   Activation Strategy

·   Recreation, Open Space and Community Strategy

·        Cr Greg Conkey OAM (Mayor)

·        Cr Dallas Tout (Deputy Mayor)

·        Cr Yvonne Braid

·        Cr Dan Hayes

·        Cr Vanessa Keenan

·        Cr Rod Kendall

·        Cr Kerry Pascoe

 

19 June 2017

Contribution Plans

·        Cr Dallas Tout (Deputy Mayor)

·        Cr Yvonne Braid

·        Cr Dan Hayes

·        Cr Tim Koschel

 

·        Key stakeholder workshops were held with industry on 7, 8 and 9 August 2017

 

·        A workshop with school children representing three schools was held on 11 August 2017

 

 

 

·        Internal staff sessions:

-        Planning / Subdivisions – Monthly strategic sessions

-        Updates at Executive Team Meetings

-        Social Planning – 15 February 2017

-        Planning and S94 Project Officer – 9 March 2017

-        Staff briefing – 7 April 2017

-        Events and Marketing – 18 May 2017

-        Director Community and staff – 27 June 2017

-        Director Commercial Development – 2 August 2017

 

·        Ongoing engagement with Department of Planning and Environment

·        NSW Housing workshop – 7 February 2017

·        Committee 4 Wagga – 24 March 2017

·        HIA Information Night – 4 May 2017 and 9 November 2017

·        Department of Education – 31 May 2017

·        Public Exhibition of ROSC – 29 August – 26 September 2017

·        Public Exhibition of Activation Strategy 2040 – 1 September – 28 September 2017

 

 

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                 RP-10

 

RP-10            APPLICATIONS FOR SUBSIDY FOR WASTE DISPOSAL FOR CHARITABLE ORGANISATIONS

Author:          Darryl Woods

Director:       Caroline Angel

         

Analysis:

This report has been prepared for applications submitted to Council by local charitable organisations, community groups and an individual seeking relief from fees for the disposal of waste at Council’s Gregadoo Waste Management Centre (GWMC) for the 2017/18 financial year, on the basis that they are providing a benefit to the community.

 

 

Recommendation

That Council endorse the annual waste disposal subsidies for the total amount of $5,450 for 2017/18 for the applicants as referred to in this report.

 

Report

The former Council Policy POL 093 Subsidy for Waste Disposal by Charitable Organisations outlined the process whereby requests for support for subsidised disposal fees could be considered by Council on an annual basis. While this Policy was rescinded by Council at the October 2017 meeting, the process was incorporated into the revised Financial Assistance Policy (POL 078) which was adopted by Council at the same meeting, along with a revised Delivery Program and Operational Plan. The revised operational plan now incorporates this specific program (“Waiving of Gregadoo Waste Management Centre Fees in accordance with POL 078 Financial Assistance Policy) and outlines the $10,000 budget allocation for 2017/18.

 

As part of this program, individuals, registered not-for-profit, non-government registered charities or community groups located in the Wagga Wagga Local Government Area are able to apply for a waiver or subsidised disposal fees. There are two types of waivers or subsidised disposal fees that may be applied for:

1.   An annual waiver or reduction to a maximum value of $1,000, or

2.   A waiver or fee reduction for a single, specific project up to a maximum value of $250. This may be for advertised events such as Clean-Up Australia Day or the Adopt-A-Road Program.

An advertisement was placed in regional newspapers and on Council’s website during June/July 2017 inviting applications for subsidised waste disposal fees. Ten applications were received by the advertised closing date of 14 July 2017.

 

The following table lists the applicants and the amount of the subsidy requested:

 

No.

Name of Applicant

Requested Subsidy

$

1

St Pauls Anglican Church Chain Gang

300

2

St Vincent De Paul

1,000

3

Peter Dolden (individual)

400

4

Best Friends Pet Rescue

500

5

Rotary Club of Wagga Wagga

250

6

Rotary Club of Wollundry – Food & Wine Festival

250

7

Rotary Club of Wollundry – Gears & Beers

250

8

Sisters Housing Enterprises

1,000

9

Lions Club of Wagga Wagga South Inc.

500

10

The Salvation Army – Red Shield Family Store

1,000

 

Total

$5,450

 

The nine organisations/community groups and one individual that submitted applications for subsidised waste disposal fees are well known to Council for providing valuable charitable and social services that benefit the community of Wagga Wagga.

 

It is recommended to approve all 10 applications that were received and given that there are over 150 registered charities listed in the Wagga Wagga Local Government Area, it is proposed that the remaining budget amount of $4,550 be retained to fund any further applications for subsidised fees that may be received during the 2017/18 financial year.

 

Financial Implications

An allowance of $10,000 for subsidised waste disposal has been made in the Solid Waste budget for 2017/18, funded from the Solid Waste Reserve. The approval of the ten applications recommended in this report will leave $4,550 for Council to consider any further applications received for the remainder of the financial year.

Policy and Legislation

Section 356 of the Local Government Act 1993

 

POL 093 Subsidy for Waste Disposal by Charitable Organisations (now rescinded, however the 2017/18 process commenced utilising this provisions of this Policy)

 

POL 078 Financial Assistance Policy

Link to Strategic Plan

The Environment

Objective: We create a sustainable environment for future generations

Outcome: We demonstrate sustainable practices

 

Risk Management Issues for Council

No risk management issues were identified in respect to the provision of subsidised waste disposal fees provided they are applied as per the Policy.

Internal / External Consultation

Internal consultation with the relevant sections within Council will be undertaken to ensure the operators of the landfill and finance staff are advised of the subsidy to ensure it is applied correctly and monitored appropriately.

 

The charitable organisations, community groups and individual will be advised of the resolution of Council regarding their application for subsidised disposal fees, how the subsidy will be applied and the conditions of entry into the landfill.

 

Council revised the Combined Delivery Program and Operational Plan (DPOP), which included the revised Financial Assistance Policy (POL 078).  Council adopted the DPOP in October 2017, after there were no comments received from the public exhibition period. The Office of Local Government was consulted in relation to the revised Policy and what steps were required to allow Council to consider providing financial assistance in accordance with the legislative requirements.

 

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                 RP-11

 

RP-11            PROPOSED ASSIGNMENT OF LEASE - AUSTRALIAN LONG DISTANCE OWNER DRIVERS ASSOCIATION INCORPORATED TO THE TARCUTTA TRANSPORT AND FARMING MUSEUM INCORPORATED

Author:          David Butterfield

Director:       Natalie Te Pohe

         

Analysis:

This report authorises Council to assign a lease agreement to an alternate trading entity.

 

 

Recommendation

That Council:

a       agree to assign the lease detailed in the body of this report from the Australian Long Distance Owner Drivers Association Incorporated to the Tarcutta Transport and Farming Museum Incorporated

b       note the proposed assignment of lease is subject to Crown Lands Ministerial Consent

c        permit re-occupation of the site subject to the proposed lessee meeting the following requirements:

i         submission of a Master Plan for future development of the site for approval by the General Manager or their delegate

ii        engagement with Workcover NSW to ensure safety of all people accessing the site

iii       evidence of valid public liability insurance in the sum of not less than $20 million with Council listed as an interested party

d       delegate authority to the General Manager or their delegate to execute any necessary documents on behalf of Council

 

Report

Council resolved in April 2015 (resolution 15/091):

 

That Council:

 

a       agree to enter into a Crown Reserves Reserve Trust lease agreement with the Australian Long Distance Owners and Drivers Association Inc. upon the following terms;

i        Property – Crown Reserve 1037368 comprising part Lot 16 DP 1189207 at Tarcutta

ii       Term – Ten (10) years with a ten (10) year option, commencing 1 March 2015

iii      Rental – Annual amount of $508.20 per annum (including GST) reviewed annually as set out in the body of this report

b       note that any development on the land by the proposed lessee is subject to development consent

c        authorise the execution of all necessary documents under Council’s Common Seal as necessary

d       note and approve the Long Term Financial Plan as detailed in the budget section of the report

 

In June 2016 Crown Lands notified Council they were unable to grant Ministerial Consent to the lease because there was no evidence to confirm Native Title had been extinguished. Following the receipt of legal advice Council resolved in August 2016 (resolution 16/235):

 

That Council:

a       agree to make a non-claimant application to the Federal Court of Australia under the Native Title Act 1993 in relation to the following lease:

i        Property – Part Lot 16 DP 1189207 being Crown Reserve 1037368 at Tarcutta for public creation, community purposes, tourist facilities and services

ii       Lessee – Australian Long Distance Owner Drivers Association Inc (ALDODA)

iii      Purpose – Transport Museum and ancillary uses

iv      Term – Ten (10) years commencing 1 March 2015 with a ten (10) year option

b       delegate authority to the General Manager to execute any necessary documents

c        advise the local Aboriginal Land Council and councils indigenous advisory body of our intention to make this application

 

On 18 August 2017 an order was issued by the Federal Court of Australia confirming the lease could proceed under the protection of S24FA of the Native Title Act 1993. The lease between the Wagga Wagga City Council Crown Reserves Reserve Trust and the Australian Long Distance Owner Drivers Association Incorporated (ALDODA) has been executed by all parties and is presently awaiting Crown Lands Ministerial Consent.

 

Whilst the above process was in train the proposed lessee advised the registration of an alternate lease entity being the Tarcutta Transport and Farming Museum Incorporated (INC600809) (copy attached) and requested a lease under the same conditions. The new entity has a slightly different management structure, is more relevant and recognisable for purposes such as grant applications, and has the sole objective of developing the proposed museum.

 

In order to ensure that future development of the site is in accordance with Council’s expectations, the tenant is required to submit a Master Plan for approval by the General Manager or their delegate. The Master Plan in no way overrides the requirement for the tenant to obtain development consent.

 

The tenant (as the responsible party under NSW Work Health and Safety legislation) is required to engage with Workcover NSW to ensure the site is safe for all users of the site including the tenant, volunteers and visitors to the site.

 

It is therefore recommended that Council agree to assign the lease from the Australian Long Distance Owner Drivers Association Incorporated to the Tarcutta Transport and Farming Museum Incorporated once the ALDODA lease is registered, subject to receiving Crown Lands consent, and subject to the tenant complying with Council’s requirements in relation to development, safety and insurance.

 

Financial Implications

N/A

Policy

POL 038 Leasing & Licensing Policy

Link to Strategic Plan

Community Place and Identity

Objective: We are proud of where we live and our identity

Outcome: We value our heritage

Risk Management Issues for Council

The requirements introduced by this report will assist to reduce or mitigate Council’s exposure to risks.

Internal / External Consultation

Council’s Community Engagement Strategy and IAP2 considers the community to be “any individual or group of individuals, organisation or political entity with an interest in the outcome of a decision….”

 

All relevant areas within the Council have been consulted in relation to this report.

 

External consultation has been undertaken with parties representing:

·        Australian Long Distance Owner Drivers Association Inc

·        Tarcutta Transport and Farming Museum Incorporated

·        NSW Department of Industry – Lands & Forestry

·        Council’s Solicitors

 

Attachments  

 

1.

Location Map - Lot 16 DP 1189207 at Tarcuta

 

2.

Letter Advice - Change of Lessee Entity - 10 March 2017

 

 

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                                        RP-11

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                                        RP-11

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                 RP-12

 

RP-12            Submissions received for the Public Art Plan and Public Art Policy POL109 and Petition - Public Art

Author:          Madeleine Scully

Director:       Janice Summerhayes

         

Analysis:

To inform the June 2017 Council report on the Public Art Policy POL109 a consultation process was undertaken and an engagement report was tabled at the 26 June 2017 Ordinary Council meeting. Out of the 26 June 2017 Ordinary Council meeting resolution for the Public Art Policy POL109 and revised Enliven Public Art Plan 2017- 2021 a Councillor workshop was held on Monday, 7 August 2017. Following that workshop staff were requested to amend both documents to reflect Council’s proposed financial changes to public art. These documents were placed on public exhibition for 40 days concluding on 10 October 2017 for the receipt of public submissions. There were 37 submissions received during this period along with a petition of 546 signatures requesting the reinstatement of the original policy setting of 1% public art levy. There were 3 submissions not supporting Public Art Funding. Taking account of the community feedback staff are recommending a reinstatement of the original Public Art Policy POL109 and the original Enliven Plan.

 

 

Recommendation

That Council:

a       note all feedback received relating to the exhibited document by closing date of 10 October 2017

b       receive and note the petition against the decrease in public art funding

c        adopt the Public Art Policy, POL 109 to reflect the continuation of the 1% public art levy on capital works funded by General Purpose Revenue (this provision will not apply to any capital works projects funded in part or in whole through grants from State or Federal government sources; or through the Sewer Reserve, Solid Waste Reserve, Stormwater Levy Reserve or Council’s Development Contribution Plans) and amend the Policy to reflect this

d       adopt the original Enliven Public Art Plan 2017 – 2021 as submitted to Council on 26 June 2017

e       approve the budget variation/s as detailed in the budget section of the report to reflect c and d above

f        approve that there be no further public exhibition for the reasons detailed in the body of the report

g       note a further report investigating funding models for the establishment of a community reserve fund to come back to Council at a later date

 


Report

The purpose of the Public Art Policy to date has been to provide Council with a framework to manage public art commissioning and budgeting processes, placement, procurement and overall management of the City’s public art collection.

 

The Public Art Policy POL 109 was due for review by August 2017. Based on the 1% levy, the policy and revised public art plan was presented to Council on Monday 26 June 2017 for readoption. Council requested a workshop and an amended policy and Enliven plan to be tabled at the August Ordinary Council meeting to reflect the Council’s proposed changes in funding.

 

Council resolved at its meeting Monday, 28 August 2017 to place the amended draft Public Art Policy POL109 and revised Enliven Public Art Plan 2017 – 2021 on exhibition. The policy amendment identified the first $50K raised annually via the 1% capital works levy to go to the public art reserve and the establishment of a Community Works Reserve for the funds over and above the $50K to be established.

 

It was noted at this time that a separate report will be presented to Council addressing the establishment of the Community Works Reserve Fund.

 

During this exhibition period Council received feedback from 37 individuals (including one late submission) and organisations, as well as a petition with 546 signatures calling for the reinstatement of the 1% levy on capital works directed to public art. Out of the 37 submissions received there were three submissions requesting no funding go towards public art.

 

Out of the public responses received during the public exhibition period 86.49% of the respondents requested the reinstatement of the 1% public art levy on capital works, 5.41% of the respondents requested that the current funding model of $50K be increased to more than $100K per year, whilst 8.11% of the feedback was against the funding of public art.

 

KEY ISSUES RAISED BY THE COMMUNITY DURING THE PUBLIC EXHIBITION PERIOD IN SUPPORT OF AN INCREASE TO PUBLIC ART FUNDING

 

Respondents are concerned about the decreased public art funding. The concerns ranged from the projects cut from the original Enliven plan tabled in June, through to the smaller works that would be produced, as well as the dismantling of the 1% policy which is internationally recognised.

 

The community felt that cities need public art to demonstrate the creativity and culture that resides in the city. The respondents felt that the public art enriches our community economically, educationally and provides inspiration.

 

Some respondents were concerned that Council ignored the first round of consultation.

 

Respondents spoke of the importance of public art in placemaking, how public artworks are accessible to the entire community, and the importance of the everyday encounter, as well as distinguishing Wagga from other regional cities.

 

Concerns were raised that the decreased funding would impact the city’s emerging local artists as small business operators, as well as the city’s ability to attract significant artists.

 

Respondents commented on public art’s contribution to cultural tourism and the concerns that decreased funding would impact on the growth in cultural tourism.

 

KEY ISSUES RAISED BY THE COMMUNITY DURING THE PUBLIC EXHIBITION PERIOD NOT SUPPORTING THE FUNDING OF PUBLIC ART

 

Three respondents felt that public art should not be funded until all roads are repaired.

 

 

 

 

Attached to this report is the summary of submissions received during this period.

 

Public Art Petition

A petition was received from the community on 10 October 2017 containing 546 signatures. The petition outlined concerns, as follows:

 

Petition:

RE: Draft Public Art Policy (POL 109)

 

This petition respectfully asks the Councillors of Wagga Wagga City Council to reconsider the amendments to the longstanding Public Art policy that would see the Public Art Reserve receive only the first $50,000 raised annually from the 1% levy on the budget of all capital works projects funded by General Purpose Revenue.

We ask the Councillors to either:

 

a.   Restore the original policy so the Public Art Reserve receives the full 1% of the levy

Or failing that

 

b.   Raise the cap to a more realistic amount greater than $100,000

The decision to amend the Policy ignored the overwhelming support shown for Public Art in formal submissions to the initial public display of POL 109. It also flies in the face of recent polls by the Daily Advertiser, which saw 56% not support Council’s decision to cut public art funding (27 June 2017) and 52% of respondents wanting Council to fund public art at least $100,000 annually. (26 August 2017)

 

This is the dismantling of a policy that has been sustainable, sensible and regarded as best practice. Wagga Wagga has been celebrated in national arenas for its commitment to Public Art and its innovative policy making.

 

Public art offers immense value to the city. It is a reflection of our community, our vision, our identity. It can delight us, challenge us, frustrate us, engage us. It distinguishes our city from other places, it helps make Wagga Wagga Wagga.

 

But public art can only achieve that value, when it is done well, when it is considered, when professionals are employed, when there is consultation, when there is a deep understanding of the community, where there is consideration of the sites and the

public’s relationship to them, and most importantly when it is adequately resourced.

 

Reducing the annual contribution to the Public Art Reserve to $50,000 annually will cripple the City’s capacity to commission new work that the community can be proud of. It will cripple the City’s capacity to employ local artists. It will cripple our capacity to nurture the talents of our young people. It will cripple our capacity to attract significant artists to work here. It will cripple our growth in cultural tourism. It will cripple the opportunities to consult and engage the community in the development of new works.

 

But what it won’t do is free up funds to fix every pothole, every road, every footpath, build every skate park and fill every community request for financial assistance. The Public Art Fund is not a magic pudding.

 

Public art is for everyone. It is in the public domain accessible to all. Access to arts is not a luxury. It is recognised as a fundamental human right.

 

“Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts … “Article 27 Universal Declaration of Human Rights.

 

Thank you for listening and please restore the 1% for Public Art.

 

The petition is available for Councillor viewing upon request.

Options

Taking account of the feedback from the community during the public exhibition period the following three options are available for Council’s consideration.

Option 1

Based on the community feedback received to date Council officers recommend the restoration of the Public Art Policy, POL 109 to reflect the continuation of a 1% public art levy of capital works funded by General Purpose Revenue (this provision will not apply to any capital works projects funded in part or in whole through grants from State or Federal government sources; or through the Sewer Reserve, Solid Waste Reserve, Stormwater Levy Reserve or Council’s Development Contribution Plans), adopt the original Enliven Public Art Plan 2017 – 2021 as submitted to Council on 26 June 2017 and;

 

(i)         approve the budget variation/s as detailed in the budget section of the report to reflect this

(ii)        approve that there be no further public exhibition period *(see below reasons)

(iii)       a further report investigating funding models for the establishment of a Community Works Reserve to come back to Council at a later date

Option 2

Amend the Public Art Policy, POL 109 to reflect the continuation of a 1% public art levy on capital works funded by General Purpose Revenue (this provision will not apply to any capital works projects funded in part or in whole through grants from State or Federal government sources; or through the Sewer Reserve, Solid Waste Reserve, Stormwater Levy Reserve or Council’s Development Contribution Plans) and that the first $100K raised annually to go to the public art reserve and;

(i)      establish a community works reserve where any funds over and above the $100K can be held

(ii)     adopt the original Enliven Public Art Plan 2017 – 2021 as submitted to Council on 26 June 2017

(iii)    approve the budget variation/s as detailed in the budget section of the report. Noting the only change in budget to Option 1 is a $11,854 reduction

Option 3

The third option open to Council that has not been supported to date by the community feedback received during the public exhibition period, would be to proceed with the amendment to the Public Art Policy, POL 109 to reflect the continuation of a 1% public art levy on capital works funded by General Purpose Revenue (this provision will not apply to any capital works projects funded in part or in whole through grants from State or Federal government sources; or through the Sewer Reserve, Solid Waste Reserve, Stormwater Levy Reserve or Council’s Development Contribution Plans) and that the first $50K raised annually to go to the public art reserve and:

(i)         establish a community works reserve where any funds over and above the $50K can be held

(ii)        adopt the revised Enliven Public Art Plan 2017 – 2021 as submitted to Council on 28 August 2017

(iii)       approve the budget variation/s as detailed in the budget section of the report to reflect this

*Council staff are recommending that in the case of adopting any option above that the policy and plan be adopted without further public exhibition.

This is due to the extensive public consultation, public exhibition period, substantial public responses and exposure with the public to comment on the policy and plan over the past months. Noting that if there is further delays in delivering an adopted Policy and Plan this will put at risk the delivery of the public art schedule for this financial year, given 5 months has already expired.

 

Financial Implications

The three options below are presented against the four-year public art delivery plan.

 

Option 1

1% public art levy

26 June 2017 report budget and Enliven Plan

 

Option 2

$100,000 cap

26 June 2017 report budget and Enliven Plan with minor adjustments

Option 3

$50,000 cap

Current publicly exhibited budget and revised Enliven Plan

 

 

OPTION 1

 

17/18

18/19

19/20

20/21

Estimated Opening Balance

(173,283)

(125,852)

(138,131)

(14,048)

Public Art Annual Allocation

(112,869)

(109,720)

(82,217)

(83,340)

Enliven  Public Art Projects

 

Living Spaces

35,000

35,000

35,000

35,000

Living Communities

10,000

10,000

10,000

10,000

NightLights Civic Centre Projections

20,200

20,200

20,200

20,200

BrightLights Youth Civic Centre Projections

10,100

10,100

10,100

10,100

Exhibition Centre

80,000

-

-

-

Partnership projects

-

17,141

-

17,088

RiverLife

-

-

126,000

-

Administration Fee

5,000

5,000

5,000

5,000

Total Projects

160,300

97,441

206,300

97,388

Estimated Closing Balance

(125,852)

(138,131)

(14,048)

0

 

OPTION 2

 

17/18

18/19

19/20

20/21

Estimated Opening Balance

(173,283)

(118,323)

(120,882)

(123,441)

Public Art Annual Allocation

(100,000)

(100,000)

(100,000)

(100,000)

Enliven  Public Art Projects

 

Living Spaces

35,000

35,000

35,000

35,000

Living Communities

10,000

10,000

10,000

10,000

NightLights Civic Centre Projections

20,200

20,200

20,200

20,200

BrightLights Youth Civic Centre Projections

10,100

10,100

10,100

10,100

Exhibition Centre

74,660

-

-

-

Partnership projects

-

17,141

17,141

17,141

RiverLife

-

-

-

126,000

Administration Fee

5,000

5,000

5,000

5,000

Total Projects

154,960

97,441

97,441

223,441

Estimated Closing Balance

(118,323)

(120,882)

(123,441)

0

 

 

 

 

 

OPTION 3

 

17/18

18/19

19/20

20/21

Estimated Opening Balance

(173,283)

(142,983)

(112,683)

(82,383)

Public Art Annual Allocation

(50,000)

(50,000)

(50,000)

(50,000)

Enliven  Public Art Projects

 

Living Spaces

35,000

35,000

35,000

35,000

Living Communities

10,000

10,000

10,000

10,000

NightLights Civic Centre Projections

20,200

20,200

20,200

20,200

BrightLights Youth Civic Centre Projections

10,100

10,100

10,100

10,100

RiverLife

-

-

-

52,083

Administration Fee

5,000

5,000

5,000

5,000

Total Projects

80,300

80,300

80,300

132,383

Estimated Closing Balance

(142,983)

(112,683)

(82,383)

0

 

*Figures subject to change based on any changes to adopted LTFP capital works program.

Policy and Legislation

POL 109 Public Art Policy

POL 083 Petitions Management Policy

Link to Strategic Plan

Community Place and Identity

Objective: We are proud of where we live and our identity

Outcome: We are a centre for arts and culture

 

Risk Management Issues for Council

Without a designated public art funding stream the plan will not be able to be delivered over the 2017-21 period, and any other public art beyond that period for the City.

 

In the case that Council resolves to either restore the 1% public art levy policy position, or the $100K budget per annum position it is important that Council also resolves not to further publicly exhibit the policy and Enliven public art plan 2017 - 2021. This is due to the consultation, extensive public exhibition period, substantial public responses and exposure with the public to comment on the policy and plan over the past months. Noting any further delays puts at risk the delivery of the public art schedule for this financial year, given five months has already expired.

Internal / External Consultation

Council officers have reviewed community feedback received as a result of the revised Public Art Policy POL109 and Public Art Plan on public exhibition for 40 days.

 

Feedback was received during the public exhibition period, with 38 responses received from individuals and organisations. A petition calling for the restoration of the 1% Public Art Policy with 546 signatures was also received during this period.

Extensive community consultation has been undertaken including data collected during the development of the Community Strategic Plan 2040, Wagga View.

 

For the preparation of the June report to Council an online survey and a stakeholder workshop was conducted from 4 – 24 May 2017. One on one meetings with community members and Councillors also occurred. Stakeholders and community members also directly phoned, mailed or emailed Council with feedback. The community consultation process overall indicated that there was strong support for the funding of public art and for Council to fund public art as part of the annual budget allocation process. Whilst the consultation aimed to gauge ideas and expectations from the community regarding public art, four survey respondents out of one hundred and ten respondents were not supportive of public art in any form. The engagement report was tabled at the 26 June 2017 Ordinary Council meeting.

 

A further workshop with Councillors was held on Monday 7 August 2017 to determine the Community Works Reserve Fund process. Staff have consulted and worked with the Public Art Advisory Panel to determine a revised Public Art Schedule of Works 2017-2021 as detailed in the revised Enliven Public Art Plan 2017-2021 document. This in turn was placed on public exhibition seeking comment from the community of which those responses are now the subject of this report.

 

Attachments  

 

1.

Enliven Public Art Plan - Provided under separate cover

 

2.

POL 109 Public Art Policy revised

 

3.

Public Art Plan and Policy Public Exhibition Submissions - Provided under separate cover

 

 

 

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                                        RP-12

 








Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                 RP-13

 

RP-13            New Policy - POL 048 Street Tree Policy

Director:       Caroline Angel

         

Analysis:

New Policy - POL 048 Street Tree Policy is presented to Council for endorsement and placement on public exhibition.

 

 

Recommendation

That Council:

a       endorse the draft POL 048 Street Tree Policy, that is to be placed on public exhibition from 28 November to 29 January 2018 and invites public submissions on the draft Policy

b       receive a further report following the public exhibition and submission period:

i         addressing any submission in respect of the proposed POL 048 Street Tree 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

Council does not currently have a policy regarding street trees. There was previously a street tree policy (Policy 013 – Street Tree Policy) however this policy was rescinded in 2011 due to the content of the policy being placed in the Development Control Plan (DCP).

 

Following a recent review of services, it was determined that the content of POL 013 was never included into the DCP and as a result, a new street tree policy has been developed with this content included.

 

The objective of this policy is to enhance and beautify the streetscapes for the community, while providing amenity for the city. This policy applies to all street trees planted and managed by Council throughout the Wagga Wagga Local Government Area.

 

A street tree is any tree planted and managed by Council on the road reserve or nature strip in the defined planting easement throughout the Wagga Wagga Local Government Area.

 

The policy provides for a framework to manage our City canopy cover. A city street tree canopy is important to mitigate the urban heat island effect by bringing our inner city temperatures down, by creating healthier ecosystems, improving biodiversity, and in addressing salinity and water sensitive management options for our City.

 

To allow community feedback on the Policy, it is recommended that the Policy be placed on public exhibition for an extended period due to the Christmas break from 28 November to 29 January 2018 an invite public submission during this period.


Financial Implications

N/A

Policy and Legislation

POL 048 Street Tree Policy

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We are accountable and transparent

Risk Management Issues for Council

No specific issues identified

Internal / External Consultation

Consultation has occurred with staff from the Commercial Operations Directorate, the Corporate Review Committee and the Executive Team.

 

Attachments  

 

1.

New Policy - POL 048 Street Tree Policy

 

 

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                                        RP-13

 







Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                 RP-14

 

RP-14            LANDSCAPING COUNCIL MANAGED ROUNDABOUTS AND VERGES

Author:          Stephen Jewell

Director:       Caroline Angel

         

Analysis:

This report provides a response to a Notice of Motion raised at the September 2017 Ordinary Meeting of Council.

 

The Notice of Motion asked for an audit of roundabouts and traffic islands across the LGA, plus information on planned renewal/construction and the feasibility of providing landscaping for these projects.

 

A revision and update of Council’s present guidelines relating to roundabouts is recommended.

 

 

Recommendation

That Council:

a       update the guideline ‘Shaping Places - Guideline for Roundabout Centre Islands’ to ensure compliance with AustRoads Guide to Road Design Part 4B: Roundabouts (2015)

b       review proposed treatments for roundabouts and update the estimated costs in the ‘Shaping Places - Guideline for Roundabout Centre Islands

c        add requirements relating to the proposed treatments to traffic islands to the ‘Shaping Places - Guideline for Roundabout Centre Islands

d       receive the revised ‘Shaping Places - Guideline for Roundabout Centre Islands’ for endorsement at a future Council meeting

e       include reference to the “Shaping Places - Guideline for Roundabout Centre Islands’ in subsequent updates of the Engineering Guidelines for Subdivisions and Development Standards

 

Report

Councillor Keenan put forward the following Notice of Motion at the Ordinary Meeting of Council in September 2017:

 

NOM-2    NOTICE OF MOTION - LANDSCAPING COUNCIL MANAGED ROUNDABOUTS AND VERGES

 

That a report be presented to the November 2017 Ordinary Meeting of Council outlining:

a       audit of existing roundabouts and traffic islands across the Local Government Area identifying which have landscaping

b       list of planned renewals and new construction of roundabouts and traffic islands

c        feasibility of including landscaping or other treatment to improve visual amenity of future new and renewed council roundabouts and traffic islands

 

 

(a)     Audit of Existing Structures

 

A desktop audit was undertaken of all Council-maintained roundabouts and traffic islands within the Local Government Area, as requested.

 

The following 14 roundabouts with landscaping were identified from a total of 45 roundabouts in and around the city:

 

 

Street

Cross Street

Tarcutta Street

Morgan Street

Peter Street

Tompson Street

Peter Street

Morgan Street

Kooringal Road

Sturt Highway

Kooringal Road

Lake Albert Road

Red Hill Road

Tamar Drive

Gormly Avenue

Emblen Street

Gormly Avenue

Harrison Avenue

Hardy Avenue

Emblen Street

Red Hill Road

Bourke Street

Girraween Mews

 

Meurant Street

Emblen Street

Bourke Street

Urana Street

Mitchelmore Street

Urana Street

 

The following traffic islands were also identified as having vegetation:

 

Street

Cross Street

Featherwood Road

 

Coleman Street

Macleay Street

Bakers Lane

Sturt Highway

Stellway Close

 

Stirling Boulevard

Plumpton Road

Peter Street

Sturt Highway to Morrow Street

Fitzmaurice Street

Wollundry Lagoon to Crampton Street

Clifton Street

Holbrook Road

Tolland Close

McCoullough Drive

Stringybark Place

Plane Tree Drive

Plane Tree Drive

Lloyd Road

 

 

(b)     Planned Renewals and New Construction

 

The roundabouts at the Trail/Gurwood Streets intersection and the Trail/Johnston Streets intersection are both programmed to be renewed in 2017-18. The current design for these roundabouts incorporates stencilled concrete, which is not strictly in accordance with the existing Council guideline and will be reviewed.

 

The 2017-18 capital program includes six new traffic islands that have yet to be constructed (Fernleigh Road (4), Beckwith Street (2)), and one renewal (Coleman Street). None of these are planned to have landscaping.

 

The islands in Beckwith Street are very small and not suitable for landscaping. The island in Coleman Street replaces existing landscaping with concrete infill and a pedestrian fence. This is a safety measure to prevent school children from crossing the road in the middle of the block.

 

At this stage no traffic islands or roundabouts have been specifically identified for inclusion in future capital programs.

 

(c)     Feasibility of Including Landscaping

 

Council adopted a guideline for roundabout design in 2011 (Shaping Places – A Guideline for Roundabout Centre Islands) a copy of which as attached. The guideline listed the following objectives:

·        Ensure Council manages the roundabout network effectively and sustainably

·        Ensure any landscaping of roundabout centre islands does not adversely affect the traffic movement or safety of the intersection

·        Ensure any landscaping of roundabout centre islands does not impact on the condition of the adjacent road

·        Ensure the appearance of roundabouts complements the surrounding built and natural environments

 

The guideline has not been updated since 2011. The intent of the guideline was to ensure that the amenity of the city was considered as well as the functional requirements of the structure.

 

The guidelines specify locations where landscaping is appropriate, where the provision of public art is appropriate and where a treatment such as stencilled concrete is the preferred treatment. Traffic islands are not included.

 

The guidelines are not referenced in the most recent version of the Engineering Guidelines for Subdivisions and Development Standards. The design and installation of roundabouts must comply with AustRoads Guide to Road Design Part 4B: Roundabouts (2015).

 

Financial Implications

N/A

Policy and Legislation

AustRoads Guide to Road Design Part 4B: Roundabouts (2015).

 

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We are informed and involved in decision making

Outcome: Everyone in our community feels they have been heard and understood

 

Risk Management Issues for Council

This report provides a response to a Question with Notice. It is an information paper and does not recommend any expenditure or a course of action.

Internal / External Consultation

Internal – Parks and Gardens staff, Project Management staff, Traffic Officer.

 

Attachments  

 

1.

Shaping Places - Roundabout Centre Islands Guidelines

 

 

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                                        RP-14

 










Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                 RP-15

 

RP-15            VILLAGE SEWER PROPOSAL - SAN ISIDORE

Author:          Shaula Siregar

Director:       Caroline Angel

         

Analysis:

This report recommends that Council decline the offer of funding of $1.43M through the Restart NSW Regional Water and Waste Water Backlog Scheme and not proceed with the proposed village sewer schemes for San Isidore as outlined in the report.

 

This report also recommends to endorse a San Isidore Village Septic Upgrade Financial Assistance Program in lieu of not proceeding with the village Sewer project.

 

 

Recommendation

That Council:

a       decline the offer of funding of $1.43M from the Restart NSW Regional Water and Waste Water Backlog Scheme

b       not proceed with the proposed village sewer scheme for San Isidore

c        place the proposed San Isidore Village Septic Financial Assistance Program on public exhibition from 28 November 2017 to 29 January 2018 and invite public submissions on the proposed program

d       receive a further report following the public exhibition period:

(i)      addressing any submission made in respect of the proposed Financial Assistance Program

(ii)     proposing adoption of the Financial Assistance Program unless there are any recommended amendments deemed to be substantial and requiring a further exhibition period

e       communicate the outcome of Council’s decision to residents of San Isidore

f        approve the budget variations as detailed in the financial implications section of the report

 

Report

In March 2016 Council resolved the following:

 

That Council:

a       proceed with the second round application for San Isidore through the Restart NSW Regional Water and Waste Water Backlog scheme

 

In April 2016, Council submitted a funding application under the Restart NSW Regional Water and Waste Water Backlog Scheme for the proposed village sewer scheme for San Isidore.

 

In September 2016, Council successfully obtained approval for funding of $1.43M through Restart NSW Regional Water and Waste Water Backlog Scheme.

 

This funding is limited to the eligible backlog component in compliance with the Country Towns Water Supply and Sewerage Scheme rules. This funding approval is part of the NSW Government’s $110 million Regional Water and Waste Water Backlog Program to ensure regional communities have the right infrastructure to build for the future.

 

A funding application was submitted to Restart NSW in April 2016 with a total estimated cost of $4M. Council applied for $1,956,000 and was offered funding for $1,430,000.

 

Council’s engineering staff have updated a more accurate total estimated cost of the project by conducting an initial/preliminary survey for the concept design for the proposed gravity system in San Isidore, in addition to the reflection of the current index price.

 

The revised total estimated cost of the project in the table below includes rates for survey investigation, design and project management.

 

 

2015

$

2017

$

Total estimated cost

3,912,728.46

5,377,712.40

Grant funding received

1,430,000.00

1,430,000.00

Council’s proposed contribution

2,482,728.46

3,947,712.40

 

In response to the development of the Wagga Wagga Spatial Plan, the Draft Wagga Wagga Activation Strategy 2040 recommends that San Isidore maintain the rural lifestyle with no urban intensification to minimise land use conflict with Kapooka.

 

Following the recommendation outlined in the strategy, it is recommended that Council decline the offer of funding of $1.43M from Restart NSW Regional Water and Waste Water Backlog Scheme and not proceed with the proposed village sewer scheme for San Isidore. It is proposed that this decision be communicated back to the residents of San Isidore.

 

Similar to the decision recently made by Council in regards to Oura, Council officers are suggesting that Council approve the same financial assistance program for the upgrading of the onsite septic management systems at San Isidore. Eligibility for this financial assistance program will include:

·        a one off subsidy of up to $690.00 for the upgrading of San Isidore Village ratepayers’ septic systems provided they currently have a registered septic system with Wagga Wagga City Council

·        evidence of a septic system upgrade and applicable Council fees paid must be submitted when applying for the subsidy with only upgrades carried out since 27 November 2017 (the proposed date Council is to resolve not to proceed with the San Isidore Village Sewer Scheme) are eligible for the subsidy

·        the subsidy program is proposed to end 30 June 2020, which will allow upgrades to be undertaken given the removal of the San Isidore Village Sewer Scheme from Council’s future plans

·        a subsidy may only be claimed once, upon producing paid Council receipts whereby Council will reimburse the amount paid up to a maximum of $690.00

To allow community feedback on the proposed San Isidore Village Septic Financial Assistance Program, it is recommended that the Program be placed on public exhibition for an extended period due to the Christmas holiday break from 28 November to 29 January 2018 an invite public submission during this period.

 

Financial Implications

If Council proceeds with San Isidore Village Sewer:

 

 

Financial Summary – San Isidore Sewer

 

Capital Cost

Estimated Construction Cost

$5,377,712

Funded by:

    *Restart NSW Grant

($1,430,000)

    *Sewer Reserve (Net Capital Cost)

($3, 947,712)

 

Operating Costs / Income

System Operating Costs

$68,135

Financing cost – Interest foregone*

$118,431

Depreciation

$109,234

Annual Sewerage charges (based on 123 properties at $498.00 per residence)

($61,254)

Net Annual Cost/(Subsidy) from Residential Customers

$234,547

 

Annual extra cost per land owner across the Local Government area, based on current number of assessments – 26,809

 

$8.75

 

*Interest foregone is based on a 3% return on the Net Capital Cost

 

The current long term financial plan includes the San Isidore Village Sewer project, with a total project budget of $4M, part funded by a $800K grant, and the remaining $3.2M from the Sewer Reserve. The revised project cost estimate, including the increase in the grant funding equates to a capital contribution from the Sewer Reserve of $3.95M. 

 

The above table illustrates that Council’s required contribution would be $3.95M for the upfront capital cost, along with an annual net cost of $232K. As mentioned earlier in this report, given that the Draft Wagga Wagga Activation Strategy 2040 recommends that San Isidore maintain the rural lifestyle with no urban intensification to minimise land use conflict with Kapooka, Council officers are recommending to not proceed with providing sewer to the residents of San Isidore. This will save capital costs upfront, and also the ongoing annual operating costs.

 

If Council wish to proceed, an increased project budget is required, partially funded by the Sewer Reserve and an adjustment to the grant income.

 


If Council does not proceed with San Isidore Village Sewer:

 

If Council proceed with the financial assistance program for San Isidore residents, this would have a maximum cost to Council of $84,870, and is proposed to be funded from the Sewer Reserve.

 

The proposed capital budget for the San Isidore sewer project that is currently in Council’s long term financial plan will be returned to the Sewer Reserve.

Policy and Legislation

Draft Wagga Wagga Activation Strategy 2040

Link to Strategic Plan

The Environment

Objective: We create a sustainable environment for future generations

Outcome: We minimise our impact on the environment

Risk Management Issues for Council

There is the likelihood of an impact on Council’s public image should the funding be declined due to community anticipation following the resolution made by Council in March 2016 and subsequent consultation that was undertaken in respect to this project.

 

There is a reputational risk for Council in respect to future grant funding applications due to the funding from Infrastructure NSW being allocated for an extended period, with no acceptance from Council.

 

Delivering sewer to San Isidore could increase pressure on Council to consider intensification of San Isidore, which would increase land conflict issues with Kapooka.

Internal / External Consultation

Council has previously undertaken consultation with the San Isidore community including a survey of residents. The resident update from March 2017 is attached to this report.

 

The Draft Wagga Wagga Activation Strategy 2040 was placed on public exhibition from 1 September 2017 to 28 September 2017

 

Attachments  

 

1.

Communications and Engagement Summary - San Isidore Survey - Residents Update - March 2017

 

 

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                                        RP-15

 





Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                 RP-16

 

RP-16            RIVER SAFETY

Author:          Ben Creighton

Director:       Natalie Te Pohe

         

Analysis:

This report is provided in response to a Notice of Motion from the 30 January Ordinary Meeting of Council where it was resolved to investigate options for improving river safety.

 

 

Recommendation

That Council:

a       note the completed Aquatic Safety Assessment for Cabarita Reserve (Wagga Beach)

b       replace the remote supervision signs at Cabarita Reserve with larger more prominent signage

c        does not implement the recommendation to close access to the area known as The Rocks

d       develop an Inland Water Safety Management Plan for the Wagga Wagga Local Government Area that addresses safety in aquatic environments

e       undertake an annual River Safety communications campaign including the use of social media in partnership with other relevant organisations

f        receive a further report to Council including a draft Inland Water Safety Management Plan

 

Report:

At the Ordinary Meeting of Council held 30 January it was resolved:

That Council, in consultation with Royal Lifesaving Australia and other relevant stakeholders, investigate options for improving river safety within the Wagga Local Government Area as part of the 2017/18 budget process that includes:

a       review of safety signage and costed recommendations

b       review of potential costs and funding sources as well as investigating the effectiveness of reinstating a lifeguard program at Wagga Beach

c        development and implementation of an annual river safety communications campaign through social media and existing Council communication platforms

Staff have since been in discussion with the Royal Lifesaving Society on river safety and engaged them to deliver an Aquatic Safety Assessment (Attachment 1) focused on the highly utilised Cabarita Reserve (Wagga Beach) area.

 

The conclusions of this report are found on pages 31 and 32 of the assessment but include in part as follows:

 

1       Restriction of access to the river at the Rocks area by removing defined areas and use of barriers such as fencing or barrier planting

2       Maintenance of an effective system of signs that include key water safety messages regarding supervision and swimming and alcohol

3       Identification of a designated swimming area at Cabarita Reserve that identifies a safer swimming location

4       Implementation of broad community education and public awareness campaigns during peak periods with an emphasis on never swimming alone, supervision, and the dangers of swimming and alcohol

5       Provision of Publicly Accessible Rescue Equipment at the designated swimming location

6       Establishment of a coordinated management plan and emergency response procedures that engages local community groups as regular users and visitors to the location

Whilst some of these recommendations will be able to be implemented, staff do not support the recommendation to restrict access to the area known as The Rocks due to the high level of utilisation of this area by the community and the historical significance of the site. The identified risks at this location will be addressed through the replacement of the existing signage with a more prominent triangular sign. This sign will warn the community of the identified hazards that this section of the river possesses and that entering at this point is not recommended.

 

The Aquatic Safety Assessment also states:

 

Whilst the provision of lifesaving services may be considered, particularly during the peak periods of aquatic recreation, for the designated swimming location, it will not exclude the possibility of future drownings within the reserve. Past incident history identifies that incident locations spread too large an area for supervision to be effective without a coordinated campaign promoting a safer swimming location where supervision may reasonably be provided.”

 

On this basis a permanent lifeguard service at the Wagga Beach area is not recommended. However, occasional event usage of the precinct may demand supervision of the aquatic area during peak periods on a case-by-case basis. 

 

The estimated cost of a lifeguard service depends significantly on the type of service, the hours of supervision and number of days supervised annually. A previous investigation undertaken and reported to the May 2012 Ordinary Meeting of Council found that the cost could vary from between $5,000 and $35,000 dependent on the service implemented (Attachment 2).

 

Staff also consulted with representatives of Statewide Mutual to discuss the contents and recommendations of the aquatic safety assessment report and to assess any future insurance implications. As an outcome of these discussions, it is recommended that:

 

·        staff in consultation with stakeholders develop an Inland Water Safety Management Plan for the Wagga Wagga Local Government Area. This will address the implementation of the remaining recommendations three, five and six identified in aquatic safety assessment and identify and assess risk management strategies for all local waterways

·        Council replace the existing signs at Cabarita Reserve with more prominent signage

·        Council undertake an annual River Safety communications campaign including the use of social media in partnership with other relevant organisations

 

Financial Implications

The estimated cost of the sign replacement is $14,000 and is proposed to be funded from the Renew Recreational Assets budget.

 

Future additional budget implications may arise during the development of the Inland Water Safety Management Plan. These will be reported to Council with the draft plan.

Policy and Legislation

Riverside Strategic Masterplan

Draft Recreation, Open Space and Community Strategy

 

Link to Strategic Plan

Safe and Healthy Community

Objective: We are safe

Outcome: We promote safety and safe behaviours

 

Risk Management Issues for Council

The Risk Management issues relate to the access and safe use of inland waterways. These risks have been identified within the Aquatic Safety Assessment undertaken by Royal Lifesaving Australia. The management of the risks will be addressed through the implementation of an Inland Water Safety Management Plan.

Internal / External Consultation

Council staff have undertaken consultation with Royal Lifesaving NSW and Statewide Mutual.

 

Internal consultation has been undertaken with the following Council divisions:

 

·        City Strategy

·        Audit Risk and Governance

·        Marketing and Communications

 

Attachments  

 

1.

Wagga Beach - Aquatic Safety Assessment - Provided under separate cover

 

2.

Council Report May 2012 - Lifeguard Service at Wagga Beach

 

 

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                                        RP-16

 










Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                 RP-17

 

RP-17            POL 033 - WEED MANAGEMENT POLICY

Author:          Carly Hood 

Director:       Janice Summerhayes

         

Analysis:

The revised Weed Management Policy – POL033 was placed on public exhibition from 4 September to 2 October 2017 and comments invited from the community. No submissions were received during the exhibition period.

 

 

Recommendation

That Council:

a       note that no submissions were received during the exhibition period for POL 033 Weed Management Policy

b       adopts POL 033 Weed Management Policy

 

Report

Council, at its meeting of 28 August 2017, resolved:

 

That Council:

a       receive the draft POL 033 – Weed Management Policy

b       endorse the draft POL 033 – Weed Management Policy and place on public exhibition for a period of 28 days from 4 September 2017 to 1 October 2017 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.

 

The NSW Biosecurity Act 2015 commenced on 1 July 2017. On commencement of the new legislation, the NSW Noxious Weeds Act 1993 was repealed and Councils as well as County Councils were established as Local Control Authorities (LCAs) under Section 370 of the new Act.

 

The introduction of the NSW Biosecurity Act triggered a review of Council’s Noxious Weeds Policy (POL 033). The Policy has been amended to align with the changes to the NSW Biosecurity Act and was placed on public exhibition for 28 days. The exhibition period concluded 2 October 2017 with no submissions received. Accordingly, it is recommended to Council that this Policy be adopted as exhibited.

 

Financial Implications

The proposed adjustments contained within the draft policy POL033 Weed Management Policy does not result in a change to the current operational budget for weed management conducted by Council.

 

Policy and Legislation

POL 033 - Weed Management Policy- is presented with this report for adoption.

 

Link to Strategic Plan

The Environment

Objective: We create a sustainable environment for future generations

Outcome: We demonstrate sustainable practices

 

Risk Management Issues for Council

Council has responsibilities to comply with the NSW Biosecurity Act as both a land holder and a Local Control Authority.

Internal / External Consultation

The amendments to the policy were workshopped with Councillors 10 July 2017.

 

Attachments  

 

1.

POL033 Weed Management Policy

 

 

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                                        RP-17

 








Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                 RP-18

 

RP-18            POL 046 - PROCESSING DEVELOPMENT APPLICATIONS LODGED BY COUNCILLORS, STAFF AND INDIVIDUALS OF WHICH A CONFLICT OF INTEREST MAY ARISE, OR ON COUNCIL OWNED LAND POLICY

Director:       Adrian Butler

         

Analysis:

Amendments to Council’s Processing Development Applications Lodged by Councillors, Staff and Individuals of which a Conflict of Interest may arise, or on Council Owned Land Policy – POL 046 is presented to Council for endorsement.

 

 

Recommendation

That Council:

a       endorse the draft POL 046 Processing Development Applications Lodged by Councillors, Staff and Individuals of which a Conflict of Interest may arise, or on Council Owned Land Policy, that is to be placed on public exhibition from 28 November 2017 to 29 January 2018 and invites public submissions on the draft policy

b       receive a further report following the public exhibition and submission period:

i         addressing any submissions made in respect of the proposed POL 046 Processing Development Applications Lodged by Councillors, Staff and Individuals of which a Conflict of Interest may arise, or on Council Owned Land 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

Minor amendments have been made to the policy to reflect changes in staff titles, definitions and legislation. These amendments were critical to ensure the policy continues to be relevant and useful to the organisation and to reflect the current structure of Council.

 

The context remains the same to ensure that applicable Development Applications are reported as specified in the policy.

 

To allow community feedback on the Policy, it is recommended that the Policy be placed on public exhibition for an extended period due to the Christmas break from 28 November to 29 January 2018 an invite public submission during this period.

 

Financial Implications

N/A


Policy and Legislation

POL 046 Processing Development Applications Lodged by Councillors, Staff and Individuals of which a Conflict of Interest may arise, or on Council Owned Land Policy.

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We are accountable and transparent

 

Risk Management Issues for Council

No specific issues identified.

Internal / External Consultation

Council has consulted with the Corporate Review Committee and the Executive Team in the update of this policy.

 

Attachments  

 

1.

POL 046 - Processing Development Applications lodged by Councillors, Staff and Individuals of which a conflict of Interest may arise, or on Council owned land Policy

 

 

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                                        RP-18

 










Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                 RP-19

 

RP-19                          POL 079 RISK MANAGEMENT POLICY

Author:                        Ingrid Hensley

General Manager:    James Bolton

         

Analysis:

Amendments to POL 079 Risk Management Policy are presented to Council for endorsement and placement on public exhibition.

 

 

Recommendation

That Council:

a       endorse the draft POL 079 Risk Management Policy, that is to be placed on public exhibition from 28 November to 29 January 2018 and invite public submissions on the draft policy

b       receive a further report following the public exhibition and submission period:

i         addressing any submissions made in respect of the proposed POL 079 Risk Management Policy

ii        proposing adoption of the Policy unless there are any recommended amendments deemed to be substantial and requiring a further public exhibition period

 

Key Reasons

Council’s POL 079 Risk Management Policy is reviewed every two years. 

 

This year’s review included consultation with relevant areas and workshops with Executive Team and Councillors and has resulted in the following proposed updates to the Policy:

 

·       Risk Types – to better align with the types of risk faced by Council

·       Risk Appetite – as defined by Councillors at a recent risk workshop

·       Minor amendments to bring the Policy up-to-date

 

To allow community feedback on the Policy, it is recommended that the Policy be placed on public exhibition for an extended period due to the Christmas break from 28 November to 29 January 2018 an invite public submission during this period.

 

Financial Implications

N/A

Policy and Legislation

POL 079 Risk Management Policy


Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We are accountable and transparent

 

Risk Management Issues for Council

No specific issues identified.

Internal / External Consultation

Council has consulted with the Corporate Review Committee, Executive Team and the Audit, Risk and Improvement Committee. Feedback was received from the Chairperson, Audit, Risk and Improvement Committee in relation to the Risk Appetite statement, included within the Policy. That feedback was valued by the Executive Team. After consideration of that feedback, current practice and practical implications, the Executive Team maintained the original statement.

 

Attachments  

 

1.

Draft POL 079 Risk Management Policy

 

 

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                                        RP-19

 









Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                 RP-20

 

RP-20            Community Engagement for Public Exhibition of Council Documents

Author:                        Brett Koschel 

General Manager:    James Bolton

         

Analysis:

The Local Government Act 1993 (NSW) outlines the required public exhibition and submission periods for specific documents. In addition to the legislative requirements, Council undertakes a range of community engagement activities tailored to individual documents, plans and strategies. 

 

 

Recommendation

That Council receive and note the report.

 

Report

At the 25 September 2017 Ordinary Meeting of Council, it was resolved:

 

That a report be presented to the November 2017 Ordinary Meeting of Council outlining a minimum standard matrix for community engagement activities for the public exhibition of all Council documents that are above what is required under the Local Government Act 1993 (NSW).

 

Legislative requirements

 

The Local Government Act 1993 (NSW) (‘the Act’), outlines public exhibition and submission periods. The public exhibition process is one form of community engagement. A strict interpretation of the Act, Part 3 - Adoption of Local Policies Concerning Approvals and Orders, Section 158 – 167, would mean it applies only to policies relating to approvals and orders. However, Council applies the provisions of that Part of the Act to all Council policies, thereby extending the opportunity for the community to have input into a wider range of draft policies beyond what is strictly required by legislation. This position forms part of Council’s internal operating standards. 

 

Regulations 77 and 100 of the Local Government (General) Regulations 2005 (NSW) (‘the Regulations’) sets out the advertising requirements for the Local Orders policy and Draft Local Approval Policies. That requirement is for public notice through at least one local newspaper circulating at least once weekly in the area. In addition, it must be published on at least two separate occasions, with further detail in relation to those requirements set out within that Section.

 

Currently, submissions for documents on public exhibition can be made via mail, email or by delivery to the Civic Centre in order to support the community’s ability to utilise the public exhibition process as a form of community engagement. An online submission form is also being developed to give community members a more user-friendly way of making a submission.

 

 

If the public exhibition is part of a wider community engagement project, submissions can be made via Council’s Your Say website or through other community engagement opportunities, for example stakeholder workshops.

 

Comments received on social media are collated for the document owner and included as submissions.

 

Current community engagement

In addition to the legislative requirements set out above, Council undertakes a range of community engagement activities, in consultation with the relevant area of Council and tailored to the specific nature and requirements of that document – this may include:

 

·        Your Say website consultation/surveys

·        Council news stories on particular projects/consultations

·        Social media posts and advertising

·        Consultation with community groups/progress associations

·        Focus groups or forums

·        Charlie village visits

·        Direct mail

·        Indirect mail/flyers

 

Further improvements

 

An online submission form is being developed to give community members a more user-friendly way of making a submission instead of downloading the form or submitting via email.

 

Public exhibition community engagement matrix

 

The Public exhibition community engagement matrix as attached has been developed to help staff determine what engagement methods are to be considered during the public exhibition process.

 

The matrix has been created from the International Association for Public Participation (IAP2) spectrum and based on the City of Ryde’s stakeholder engagement matrix.

 

The following three sections of the spectrum should be referred to by staff when determining community engagement activities during the public exhibition process:

 

a)   Consult: “To obtain public feedback on analysis, alternatives and/or decisions.” Example: reviewed policies with minor changes and/or low impact on the community or operations of Council.

 

b)   Involve: “To work directly with the public throughout the process to ensure that public concerns and aspirations are consistently understood and considered.” Example: Plans or policies with significant changes, are new, and/or will impact the community or operations of Council.

 

c)    Collaborate: “To partner with the public in each aspect of the decision including the development of alternatives and the identification of the preferred solution.” These documents should already be part of a Communications and Engagement Plan and/or community engagement should have already taken place in the development of the document. Example: Major strategies or plans that will have a significant impact on the community or operations of Council and/or determine a strategic direction.

 

As per the resolution at the September Ordinary Meeting of Council, this matrix is focused on public exhibition only. Marketing and Communication’s emphasis is that community engagement should always be considered at the start of the process and this matrix gives staff an indication of the resources that may be required during the public exhibition period.

 

The matrix lists the most common community engagement methods and Council’s community engagement activities are not limited to this list.

 

Based on the matrix below, the minimum standard for community engagement for public exhibition of documents is:

 

·        Print advertising twice during exhibition period as per internal public exhibition of documents procedure in Council News

·        Listing on Council’s website

·        Email newsletter sent to Your Say subscribers (currently 1964 members at 31 October 2017)

·        Social media posts

 

Review of the Community Engagement Strategy

 

At the 26 June 2017 Ordinary Meeting of Council it was resolved:

 

That Council:

a       receive the report outlining the many different mechanisms of community consultation

b       request the General Manager or their delegate to commence a review of the Community Engagement Strategy

c        request the General Manager or their delegate to ensure that the Internal / External Consultation section of future agenda items specifically refers to the Community Engagement Strategy and outlines how the Strategy has informed the subject of the agenda item being considered by Council, where appropriate

 

Staff have been developing a draft with significant changes to the existing document.

This review has been postponed until the new General Manager has started with Council to discuss the strategic direction of the document.

 

The Public exhibition community engagement matrix will also be included in the revised strategy.

 

Financial Implications

The minimum standards do not have impact on budgets as the advertising requirement is already prescribed by legislation and the internal public exhibition of documents procedure.

Policy and Legislation

Local Government Act 1993

Local Government (General) Regulations 2005

Council’s Community Engagement Strategy

 

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We are informed and involved in decision making

Outcome: Everyone in our community feels they have been heard and understood

 

Risk Management Issues for Council

There are many risks associated with community engagement however undertaking the following steps will assist to mitigate them:

 

1. Work with decision makers

2. Clarify the decision to be made

3. Identify stakeholders

4. Consider legislative requirements

5. Select the appropriate level of community engagement

6. Maintain community engagement records

7. Establish evaluation measures

Internal / External Consultation

Consultation was undertaken with Council’s Governance division during the development of this report.

 

Attachments  

 

1.

Public exhibition community engagement matrix

 

 

 

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                                                    RP-20

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                 RP-21

 

RP-21            Responses to Questions / Business with Notice

Author:                        Scott Gray 

General Manager:    James Bolton

         

Analysis:

The following is a Response to Questions/Business with Notice arising from the Ordinary Council Meetings held 23 October 2017.

 

 

Recommendation

That Council receive and note this report.

 

Report

The report below addresses the Questions/Business with Notice raised during the Ordinary Council Meetings held Monday, 23 October 2017.

 

1.      Councillor P Funnell requested a report back to Council regarding compliance matters of Tooyal Road.

Response provided by Commercial Development Directorate

 

A response was provided to Councillors through the bulletin on Friday 3 November 2017.

 

2.      Councillors R Kendall, K Pascoe, D Tout and The Mayor, Councillor G Conkey OAM acknowledged and congratulated all staff involved in the Sister City visit and the Fusion Event held 21 and 22 October 2017.

Noted, no response required.

 

3.      Councillor D Tout requested a map of all high flood hazard areas including risk ratings and depths in the Local Government Area.

Response provided by Commercial Operations Directorate

 

Councillor Tout is currently liaising with staff regarding this issue.

 

4.      The Mayor, Councillor G Conkey OAM acknowledged and thanked his Executive Assistant, Monique Price for her contribution to Council and assistance to all Councillors during her employment, Council wish her well with her future endeavours.

Noted, no response required.

 

Financial Implications

N/A


Policy and Legislation

Code of Meeting Practice

 

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We are accountable and transparent

 

Risk Management Issues for Council

No specific issues identified.

Internal / External Consultation

N/A

 

 

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                 RP-22

 

RP-22            Section 356 Donation - Australian Clay Target Association (ACTA)

Author:          Craig Katsoolis 

Director:       Natalie Te Pohe

         

Analysis:

Australian Clay Target Association Inc. are seeking Council’s support for the refund of fees and charges totalling $158,117.64 associated with the construction of their new $6.7M Administration/Convention Centre (DA17/0244) located at 72 Tasman Road and 308 Copland Street. The funds paid  comprise $135,027.76 for developer contributions; $5,169.99 for development application fees; and $17,919.89 for NSW State Government levies.

 

 

Recommendation

That Council decline the request from the Australian Clay Target Association Inc. (ACTA) for the refund of the developer contributions, development application fees and NSW State Government levies associated with (DA17/0244).

 

Report

The Australian Clay Target Association Inc. (ACTA) in their attached letter dated 4 September 2017 has requested Council’s consideration for the refund of developer contributions, development application fees and NSW State Government levies totalling $158,117.64.

 

The above fees are associated with the construction of a new conference/administration and function centre planned to be constructed at ACTA’s headquarters site on Tasman Road and Copland Street.

 

A summary of the applicable fees and charges paid by ACTA are noted below:

 

    Section 94A Developer Charges

$  55,000.00

    Section 64 Sewer Developer Charges

$  52,666.59

    Section 64 Stormwater Developer Charges

$  27,361.17

Total Developer Contributions

$135,027.76

 

    Kerb & Footpath Inspection fee

$         60.00

    Construction Certificate

$    3,749.99

    Inspection Fees – within 30kms

$    1,360.00

Total Development Application Fees

$ 5,169.99

 

 

    Long Service Levy

$ 17,919.89

Total NSW State Government levies

$17,919.89

 

Total Fees and Charges for DA17/0244

 

 

$158,117.64

 


ACTA note in their attached letter:

 

“The benefits to the City of Wagga Wagga will be enormous not only in terms of increased visitors but also promotion of the city as well as the State and Nationally.

 

The City Council has had a desire fo a convention centre for many years , this contribution by the Wagga Wagga City Council would be an acknowledgement of their support for the centre and support of the ACTA in developing this important infrastructure.

 

The cost of the Convention centre is $6.7M without the infrastructure already built by the ACTA on the National Ground. This would make the National ground and convention centre an asset worth over $10 million dollars in the Wagga Wagga community “

 

Council has a long history of supporting the excellent efforts of the ACTA - via the donation of land for the original club site and the provision of a loan for $330,000 for expansion of the site.

 

Internal discussion with Council Officers has indicated that whilst acknowledging the outstanding efforts of ACTA to create a first class facility, the waiving of developer and other contribution fees was not supported given the need for Council to ensure that the impact of major development is provided for and does not leave a burden on future generations.

 

Criteria for consideration of Financial Assistance

Council Policy POL 078 Financial Assistance Policy Section 2.2.3 Waiving of Council Fees and Charges details the criteria for consideration of ACTA attached request.

 

POL 078 2.2.3.1 provides that Council will consider the waiving of fees and charges for not-for–profit community organisations and sporting and recreation bodies on a one off basis for:

 

·    Development Application fees

·    Development contributions and charges

·    Hire and /or leases fees for Council sporting, community and cultural facilities including parks

·    Gregadoo Waste Management Centre fees

 

Developer Contributions and Development Application Fees - $140,197.75

ACTA is requesting a refund of Council’s Developer Infrastructure Contribution charges of $135,027.76 and Development application fees of $5,169.99, totalling $140,197.75 in relation to the construction of the Convention/Multipurpose Centre.

 

POL 078 2.2.3.1 & 2.2.3.2 Waiving of Development Application Fees & Waiving of Development Contribution and charges notes:

 

“a) Assessment

 

All requests should consider the criteria below when outlining the reasons for waiving of development contributions and charges:

 

·        The facility is freely accessible by all sectors of the community; or

·        The facility is satisfying a need that has been previously identified in the community; or

·        The facility is in accordance with plans of management or a sporting or recreational strategy adopted by the Wagga Wagga City Council; or

·        The facility is designed for multi-use purposes where the proposed construction is not for commercial purposes e.g. for the development of land for commercial sale or the undertaking of a commercial enterprise or commercial activity (regardless of the charitable status of the organisation).

 

Where Council consider the waiving of applicable fees and charges for those developments that provide a community benefit, Council will register a charge of the land title for the Development Contributions and Charges which would become payable should the property be sold, or not used for the intended purposes within a specified time period from the Development Approval date.”

 

The Convention Centre/Multipurpose Centre will not be freely accessible to the public.

 

ACTA in their attached 2016 Annual Report note that in respect of their new first class clubhouse, catering and conventional facilities on their national ground:

 

this development will be used extensively during main events, and be available to the public as a source of income to the association to relieve pressure on membership fees ongoing”

 

It is acknowledged that there will be a public benefit for the community having access to the new conference facilitates but as noted, this access will be at a charge.

 

A review of ACTA Financial Statements (see attached) details that ACTA made a profit of $250,805 for the year ended 31 December 2016 and a profit of $378,937 for the year ended December 2015.

 

ACTA’s recent Financial Statements indicates that it generates relatively healthy profits. The construction of the new conference facilities will enhance ACTA ability to generate increased profits.

 

Council incurs processing costs in the administration of major development projects and the $5,169.99 development applications fees for this $6.7M development  is not considered onerous and the refund of these fees is not supported given Council’s budget constraints.

 

Developer Contributions

It is acknowledged that the new Convention/Multipurpose Centre will make a significant contribution towards meeting the convention facility needs for the Wagga Community, which will in turn provide valuable economic and social benefits.

 

However as noted earlier a charge will be applied to the public to use these facilities which are serving the dual role as ACTA first class Club House with convention facilities.

In regards to the respective developer contributions and charges, the following comments are provided:

 

Section 94A Plan Contribution

The S94A levy is a levy on 1% of the cost of the development and is made to offset the impact of development by ensuring that Council enhances public facilities to cater for increased demand via growth and visitation.

 

Refunding significant developer contributions is not supported; as it will impact on the delivery of S94A funded projects detailed in Council’s Long Term Financial Plan. 

 

S64 Contributions Sewer and Stormwater

These infrastructure contributions are levied to provide for upgrades to the Sewer and Stormwater infrastructure impacted by development and it is appropriate they be collected.

 

Other Fees - State Government charges $17,919.89

ACTA has also requested the refund of State Government charges – i.e. the Long Service Levy of $17,919.89, which is a charge that Council must forward to the NSW Government.

 

POL 078 2.2.3.2 notes:

 

“Waiving of Development Application Fees

 

Please note Council has no ability to waive some fees such as those imposed by State Government, including Long Service Levy and Planning Reform fees (Plan First) and these will still need to be paid where applicable.”

 

As noted above Council has no ability to refund the State Government Long Service Levy Charges paid and which has been remitted to the NSW State Government.

 

Financial Implications

Council’s Long Term Financial Plan (LTFP) details significant projects funded from Developer Contributions received over the life of the LTFP.

 

If Council was to elect to waive developer contributions levied as a result of significant development there will be an impact on the provision of the above public facility projects with some projects being delayed or possibly abandoned, or any new rates proposed being higher for developers given the reduced contributions received.

 

It is likely that other organisations who provide enhanced facilities for their members would seek to have developer contributions waived or refunded on the basis that the public may have access to the organisations expanded facilities via the payment of hire fees.

Policy and Legislation

·        POL 078 Financial Assistance Policy

·        Section 356 of the Local Government Act 1993

·        Section 94A Levy Contributions Plan

·        Development Servicing Plan – Stormwater

·        Development Servicing Plan – Sewerage

·        Council Fees and Charges that form part of the Revenue and Pricing Policy

 

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We are informed and involved in decision making

Outcome: Everyone in our community feels they have been heard and understood

 

Risk Management Issues for Council

Council’s Long Term Financial Plan and Delivery Program and Operation Plan forecast significant developer contributions being received to fund important projects to improve public facilities and to provide infrastructure to service and accommodate the impact of development. The refunding of developer contributions for significant projects will impact on Council’s ability to deliver projects funded from developer contributions.

 

The granting of this refund request may set a precedent for other organisations providing significant and expanded facilities to their members and could seek to request the refund of developer charges paid on the basis that the public could use the member’s facilities at a fee.

Internal / External Consultation

The Council’s Community Engagement Strategy and IAP2 considers the community to be “any individual or group of individuals, organisation or political entity with an interest in the outcome of a decision….”

 

Relevant internal stakeholders were consulted with in the assessment of this request.

 

It should be noted that correspondence was sent on 18 September 2017 to the Australia Clay Target Association in response to their request. This correspondence indicated that their request did not entirely align with the Council’s Policy, particularly in relation to the site not being Council owned, and that the public were going to be charged fees for use of the facility. It was outlined that the Officer’s recommendation to Council would not support ACTA’s request, however ACTA have indicated that they wished to proceed to Council in any case, hence this report is now presented.

 

Attachments  

 

1.

Section 356 donation request - Australian Clay Target Association (ACTA)

 

2.

Australian Clay Target Annual Report  2016  - Provided under separate cover

 

 

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                                        RP-22

 



Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                 RP-23

 

RP-23            Section 356 Donation - Tiny Tykes

Author:          Craig Katsoolis 

Director:       Natalie Te Pohe

         

Analysis:

A Section 356 request has been received from the operator of the Tiny Tykes Markets. The waiver amount is $90 being an Impounding Sign fee.

 

Council approved a similar request from the Rotary Club of Wollundry Wagga Wagga at its 25 September 2017 Ordinary Council Meeting. 

 

 

Recommendation

That Council waive $90 for the operator of the Tiny Tykes Markets under section 356 of the Local Government Act 1993.

 

Report

A Section 356 (financial assistance) request for $90 has been received from the operator of the Tiny Tykes Markets being the fees charged for the seizure of signs earlier this year.

 

The Council fee charged relates to Fees and Charges item:

 

·        Impounding Fee - Sign Item Number 0137 (Ranger Services)

 

The above fee is applied when signs are placed on Council property without permission.

 

Council’s Financial Assistance Policy POL 078 incorporates the following fee waiver categories:

 

2.2.3 Waiving of Council Fees and Charges

 

Council will consider the waiving of fees and charges for not-for-profit community

 

·        Development Application fees

·        Development contributions and charges

·        Hire and/or lease fees for Council sporting, community and cultural facilities including parks

·        Gregadoo Waste Management Centre fees

 

Given the request relates to a fee item not included in the above categories it is appropriate that the request be submitted to a Council meeting for consideration.

 

It is noted that Council at its 25 September 2017 Ordinary Council meeting in report CR1 –Councillor Report Waiver of Fees, Council donated $90 to the Rotary Club of Wollundry Wagga Wagga for sign impounding charges.

 


The Tiny Tykes Markets Operator has noted in her request:

 

“My market provides the opportunities for families to recycle and sell their pre loved baby and children items and for others to make purchases at a fraction of the cost in store. I am also providing an opportunity for many micro businesses usually established by mothers trying to earn extra dollars to support families.

 

Angels for the forgotten, a local organisation helping Wagga’s poorest members receives hundreds of dollars’ worth of donated nappies, wipes, clothing, blankets etc. each time Tiny Tykes Markets is run”

 

The Tiny Tykes Market Operator (Donna Fields) has also asked in her letter that:

 

“I would love to see Wagga City Council develop a permit for organisations including markets, shows and events, where the application would be free of charge. It would be a short term pre-approved permit with an expiry date that would benefit our community by assisting small groups advertise their event”

 

Council’s Regulatory Section has been requested to review this aspect of the Market Operator request and advise accordingly.

 

Financial Implications

Council has available funds in the 2017/18 Section 356 Donation budget to accommodate this request.

 

One other S356 Donation request of $975 for the Mayoress Concert is included in the Financial Performance Report as at 31 October 2017, which is also to be considered at Council’s 27 November 2017 Ordinary Council meeting. The balance of the 2017/18 Section 356 Fees and Charges budget if Council approves the above two donation requests will be $6,945.64.

Policy and Legislation

·    Council Policy POL 078 Financial Assistance Policy

·    Section 356 of the Local Government Act 1993

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We are informed and involved in decision making

Outcome: Everyone in our community feels they have been heard and understood

Risk Management Issues for Council

No specific issues identified.


Internal / External Consultation

The Council’s Community Engagement Strategy and IAP2 considers the community to be “any individual or group of individuals, organisation or political entity with an interest in the outcome of a decision….”

 

Consultation has been undertaken internally with the relevant areas of Council.

 

 

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                 RP-24

 

RP-24            PROPOSED EASEMENT FOR DRAINAGE OVER LOT 2 DP 702230 AT BOOROOMA

Author:          David Butterfield 

Director:       Natalie Te Pohe

         

Analysis:

This report authorises the creation of easements on Council owned land.

 

 

Recommendation

That Council:

a       agree to the establishment of easements for drainage over Lot 2 DP 702230 at Boorooma

b       delegate authority to the General Manager or their delegate to execute any necessary document on behalf of Council

 

Report

Reference is made to Council owned operational land zoned R1 (General Residential) and R5 (Large Lot Residential) measuring 8.18 hectares at Lot 2 DP 702230 at Boorooma.

 

Council resolved in February 2017 (resolution 17/046) to allow the Trustee of the Roman Catholic Church (RCC) to construct a detention basin on the land if discussions with Harness Racing NSW (HRNSW) for construction of the detention basin on land HRNSW acquired from Council were unsuccessful.

 

As outlined in Councillor Bulletin item dated 30 June 2017 (attached) construction of the detention basin on Council land is now proceeding as per the attached drawing. The proposed easements represent drainage connections to and from the detention basin.

 

Ordinarily Council would not establish easements for Council infrastructure on its own land. However, this land is mooted as the site for development of an emergency services precinct and has future development or disposal potential. Accordingly, creation of the easements at the time of construction of the detention basin is prudent.

 

Responsibility for all actions and costs associated with creation of the easements will be borne by RCC. Accordingly, it is recommended that Council agree to the creation of drainage easements over Lot 2 DP 702230 at Boorooma.

 

Financial Implications

As mentioned earlier in this report, all actions and costs associated with creation of the easements will be borne by RCC.

Policy and Legislation

N/A

 

Link to Strategic Plan

Community Leadership and Collaboration

Objective: City of Wagga Wagga services reflect the needs of the community

Outcome: The City of Wagga Wagga has efficient and effective processes

 

Risk Management Issues for Council

No work health and safety risks or other risks identified.

Internal / External Consultation

Commercial Operations Sector (Subdivisions)

Trustees for the Roman Catholic Church (Surveyors)

 

Attachments  

 

1.

Location Map - Lot 2 DP 702230 at Boorooma

 

2.

Boorooma Stage 6 - Engineering Layout

 

3.

Bulletin Item - 30 June 2017

This matter is considered to be confidential under Section 10A(2) of the Local Government Act 1993, as it deals with: 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 Ordinary Meeting of Council on Monday 27 November 2017.                                                                        RP-24

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                                                    RP-24

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                 RP-25

 

RP-25            SALE OF WIRADJURI CRESCENT PROPERTIES

Author:          David Butterfield

Director:       Natalie Te Pohe

        

Analysis:

This report is provided for the information of Council.

 

 

Recommendation

That Council receive and note the report as finalisation of the sale of the Wiradjuri Crescent properties.

 

Report

Council resolved on 23 October 2017 (resolution 17/374) to defer consideration of this report to open Council.

 

Council resolved on 29 April 2013 (resolution 13/109.2) to sell eight residential dwellings in Wiradjuri Crescent, Wagga Wagga. The below table provides a summary of each sale including sale price, costs incurred, net proceeds and the distribution of settlement funds.

 

Financial Implications

The eight properties were originally all purchased during 1997 funded via a $600,000 internal loan and the balance from surplus funds during the 1997/98 financial year.

 

House
No.

Purchase
Price (Net)

Sale Date

Sale Price

Sale Costs
(GST Excl)

Sale Net
Proceeds

18

140,000.00

Jun-14

240,000.00

7,461.70

232,538.30

20

140,000.00

May-17

237,500.00

8,292.16

229,207.84

22

139,999.00

Nov-13

230,000.00

6,750.58

223,249.42

24

115,000.00

Dec-13

230,000.00

6,846.35

223,153.65

26

113,500.00

Jun-17

244,000.00

9,971.32

234,028.68

28

112,500.00

Feb-15

225,000.00

6,474.78

218,525.22

30

119,641.50

Jan-15

221,000.00

5,859.80

215,140.20

32

109,000.00

Jan-16

226,500.00

6,310.67

220,189.33

989,640.50

1,854,000.00

57,967.36

1,796,032.64

 

The distribution of the sale proceeds over the years has been as follows:

 

 

2016/17

2015/16

2014/15

2013/14

Total

Internal Loans Reserve (Payback)

251,058.63

348,941.37

600,000.00

Strategic Real Property Reserve

43,236.52

182,606.79

225,843.31

Council’s Bottom Line (GPR)

420,000.00

220,189.33

 

330,000.00

970,189.33

463,236.52

220,189.33

433,665.42

678,941.37

1,796,032.64

 


Policy and Legislation

It should be noted that all properties were sold via a public auction. Section 55(3)(d) of the Local Government Act 1993 does not require a public tender for the sale of land.

 

Link to Strategic Plan

Community Leadership and Collaboration

Objective: City of Wagga Wagga services reflect the needs of the community

Outcome: The City of Wagga Wagga has efficient and effective processes

 

Risk Management Issues for Council

The process undertaken has minimised the risk for Council in that officers sought a resolution of Council as required under s377(h) of the Local Government Act 1993 to sell the properties and through a public auction process, the community had an awareness of the proposed disposition of land.

Internal / External Consultation

Appropriate officers were consulted with when required, and the public were made aware of the auctions through the appointment of a property agent and their advertising processes.

 

 

 


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                 RP-26

 

RP-26            Mary Kidson Play Session Hall

Director:       Janice Summerhayes

         

Analysis:

Council staff are recommending Council approve a community request to name the Wagga Wagga Regional Family Day Care (WWRFDC) Play Session hall to the "Mary Kidson Play Session Hall". The WWRFDC hall is located at the Botanic Gardens site and the request is to honour and recognise Mary Kidson for her vital role in establishing the service back in 1974, along with her continued support of the service over time.

 

 

Recommendation

That Council approve the Wagga Wagga Regional Family Day Care Play Session Hall to be named the “Mary Kidson Play Session Hall”.

 

Report

Council is in receipt of a community letter requesting that the Wagga Wagga Regional Family Day Care (WWRFDC) Play Session hall be named the “Mary Kidson Play Session Hall”. The WWRFDC hall is located at the Botanic Gardens site and the request is in recognition of Mary Kidson’s vital role in establishing the WWRFDC service and her continued support to WWRFDC. The letter of request is attached.

 

Mary Kidson was instrumental in establishing the Family Day Care Service in the city forty two years ago, and has continued to contribute and provide support to the service since its inception.

 

Even before Mary was elected to Council in 1977, Mary recognised the everyday and growing challenges faced by families from Wagga Wagga’s lack of day care for children. Mary actively campaigned for more affordable childcare options through forming an early childhood committee in 1974. This committee successfully explored childcare services for Wagga Wagga.

 

In 1975, Mary travelled to Sydney to investigate the concept of home-based childcare known as Family Day Care and before year’s end, Wagga Wagga Family Day Care began operations under a pilot program, and became the first country scheme to receive funding. It did not take long for Wagga Family Day Care to be recognised as an outstanding service, for in 1978, a year after Mary was elected to Council the service hosted the first National Family Day Care conference. Since that time the service has continued to meet high quality child care needs and offer an affordable option for Wagga Wagga families.

 

Mary went on to become Council’s longest serving female elected representative between 1977 to 1999 and was Deputy Mayor in 1983 providing advocacy and support for Family Day Care services across the Local Government Area. Mary played a leading role in securing the Botanic Gardens Hall in order for Family Day Care to use as a quality play session environment for carers and their children. From that day on the facility has been valued as an important part of the overall service that Family Day Care offers.   

Mary’s incredible contribution to Family Day Care has been recognised by her being appointed Patron of the service in 2000, and in 2015 she received an award at the annual carers’ evening to acknowledge her role.

 

To this day, Mary maintains an active role in the service and takes every opportunity to promote the service in the community. In recognition of Mary’s significant contribution and continued support for Family Day Care, it is recommended that Council approve the request to name the WWRFDC hall in her honour to be known as the “Mary Kidson Play Session Hall”.

 

Should Council approve the request it is proposed to name the hall in Mary’s honour in 2018. The reason for this timing is to correspond with the significant milestone of the Botanic Gardens celebrating its 50th anniversary in 2018.

 

Financial Implications

There would be a minimal cost to erect a plaque on the hall recognising the facility as the “Mary Kidson Play Session Hall”. This cost is estimated at $400 and will be met by the Family Day Care operational budget.

Policy and Legislation

There is currently no naming policy that deals with facilities of this kind. Council does have a road and suburb naming policy (POL 047) and parks naming policy (POL 055). The Parks naming policy states the following which is considered relevant.

 

“Names of persons are normally only to be given posthumously but Council at its discretion may approve a place name which honours a living person. Such a person’s contribution to the local community is to be of outstanding benefit to the community.” 

 

Link to Strategic Plan

Community Place and Identity

Objective: We are proud of where we live and our identity

Outcome: We are a family friendly city

 

Risk Management Issues for Council

Ensuring public knowledge of the new naming of the facility. This will be managed through media and communication to the community and Family Day Care networks.

Internal / External Consultation

Consultation with relevant internal staff

 

Attachments  

 

1.

Letter requesting naming WWRFDC Play Session Hall to Mary Kidson Hall

 

  


Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                                        RP-26

 



Report submitted to the Ordinary Meeting of Council on Monday 27 November 2017.                                                 RP-27

 

RP-27            Update Regarding the 2017 Sale of Land for Unpaid Rates

Author:          Carolyn Rodney

Director:       Natalie Te Pohe

 

Analysis:

For Council to note the outcomes of the 2017 sale of land for unpaid rates process, and also approve the write off of balances on properties where outstanding charges exceed the sale prices.

 

 

Recommendation

That Council:

a       notes that the initial 20 properties identified for the potential sale that were identified at the 27 March 2017 Ordinary Meeting of Council was reduced to 6 properties (7 parcels)

b       notes the outcomes of the public auction held on 14 October 2017 included in the body of this report

c        authorise, in accordance with Clause 131 of the Local Government (General) Regulation 2005, the write-off of property account balances against the existing Provisions for Doubtful Debts Account where the outstanding balances exceeded the sale prices on the following properties:

(i)         2444 Westbrook Road, Oberne Creek - Lot 17 – Approximately $3,048.22 write off

(ii)        2444 Westbrook Road, Oberne Creek - Lot 16 – Approximately $7,619.35 write off

d       delegate authority to the General Manager or their delegate to execute any necessary documents on behalf of Council in regards to the 2017 sale of land process

 

Report

Council at its Ordinary meeting held 27 March 2017 resolved in respect of the Sale of Land for Unpaid Rates report RP-12 as noted below:

 

That Council:

a       continue to discuss and negotiate with property holders whose outstanding rates are greater than five years in an effort to arrange an agreed payment plan

b       if an agreed payment plan with ratepayers is not able to be achieved, or is not adhered to, then pursuant to Section 713 of the Local Government Act 1993, sell the land and properties detailed in this report to recover unpaid Rates, Annual Charges, Interest and Extra Charges

c        authorise the affixing of the Council seal to the Transfer documents in order to effect the transfer of ownership for properties sold by Council at the public auction for unpaid rates and charges

 

The public auction by Council for unpaid rates occurred on 14 October 2017 at the Council Chambers by Council appointed Auctioneer Peter Campbell Real Estate. Approximately 100 people were in attendance with 55 registered bidders. A summary of the outcomes is provided below:

 

Properties Sold at the Public Auction

Address:

Public Auction

Sale Price

WWCC

Outstanding Charges

(includes real estate agent and solicitor fees)

Proceeds to be held in trust /

(Charges to be written off)

 

(Approximate)

24 Spring Street, Wagga Wagga

     (house, deemed unoccupied)

$255,000

$26,965.68

$228,034.32

41 Hillary Street, North Wagga Wagga

     (house, deemed unoccupied)

$170,000

$11,130.72

$158,869.28

2359 Hume Highway, Tarcutta

 

$11,000

$5,623.06

$5,376.94

Lot 1 Brooklyn Lane, Book Book

 

$35,000

$6,707.48

$28,292.52

 

Please see the attached confidential information regarding properties that did not sell at the Public Auction, and have either since been sold via private treaty, or are in the process of being sold via private treaty.

 

Next Steps:

 

·        Council officers will attempt to sell the remaining property, 48 Fay Avenue at the current listed price

 

·        Council’s solicitors will finalise all paperwork required for the sale of properties

 

·        Council officers will receipt the sale proceeds less solicitor fees and real estate agents fees, and write off the balance on properties where the outstanding charges exceeded the sale price

 

·        On submission, Council officers will review in conjunction with Council’s solicitor, any claims for surplus sale funds

 

·        Council officers will commence with the 2018 Sale of Land for Unpaid Rates process. It is anticipated that this process will occur on an annual basis moving forward.

 


Financial Implications

 

Council officers have attempted all available recovery action methods for the outstanding debts. A sale of land for unpaid rates is considered to be the last remaining avenue available to Council to recover these outstanding amounts. The rates received from the sale of properties will reduce Council’s rates outstanding percentage (the percentage of rates outstanding versus the total rates collectible), which was 5.10% at 30 June 2017. 

 

In the report on the conduct of the Audit for the year ending 30 June 2017, The NSW Audit Office have recently noted:

 

“The steady decline in the outstanding rates and annual charges ratio over the past three years indicates that Council’s rate recovery measures are effective in collecting and reducing outstanding debts”.

 

As mentioned earlier, the sale of land is a last resort for Council, however is a mechanism to recover outstanding debts if all other methods have been exhausted.

 

All proceeds of sale are paid to Council and in accordance with Section 718 of the Local Government Act 1993 are to be discharged in the following order:

 

a)     Reimbursement of all Council expenses associated with the sale, then:

b)     Discharge of any rate or charge in respect of the land due to the Council, or any other rating authority, and any debt in respect of the land (being a debt which the Council has notice) due to the Crown.

 

Should insufficient funds be recovered to satisfy all rates, charges and debts, then a pro-rata of funds to debts occurs with all debts then deemed satisfied (balance written off).

 

Surplus funds are held within Council’s Trust Fund (separate bank account) pending discharge to persons having interest in the properties. Where no claim is forthcoming, the balance of sale proceeds is remitted to the State Government in accordance with the Unclaimed Moneys Act.

Policy and Legislation

Local Government Act 1993

Chapter 17, Part 2, Division 5, Sale of land for unpaid rates and charges

716   Sale of land by public auction

(1)  Any sale of land under this Division must be by way of public auction, except as provided by this section.

(2)  Land that fails to sell at public auction may be sold by private treaty.

(3)  Land may be sold under this Division to the council, a councillor, a relative of a councillor, a member of staff of the council or any relative of a member of staff of the council in the case of sale by public auction, but may not be so sold in the case of sale by private treaty.

 


Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We are accountable and transparent

 

Risk Management Issues for Council

The sale of properties for outstanding rates is a last resort. Council’s debt recovery officers, and at times Council’s external debt collection agency attempt to work with the land owner (when contactable), with the intention of resolving the outstanding balance with the landowner, to avoid a sale of land process occurring.  At times however, this is not possible.

Internal / External Consultation

Council officers have liaised with Council’s appointed auctioneer, Peter Campbell Real Estate, and Council’s solicitor for the sales, Commins Hendriks. 

 

Attachments

 

1.

Sale of Land Unpaid Rates - Confidential Information

This matter is considered to be confidential under Section 10A(2) of the Local Government Act 1993, as it deals with: 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 Ordinary Meeting of Council on Monday 27 November 2017.

 

QUESTIONS/BUSINESS WITH NOTICE

 


Report submitted to the Confidential Meeting of Council on Monday 27 November 2017.                                        CONF-1

 

Confidential Reports

CONF-1         RFT2018/04 WINNING AND CRUSHING OF GRAVEL

Author:          Stephen Jewell

Director:       Caroline Angel

 

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: -

(d) (ii)    commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a competitor of the Council.         

 

 


Report submitted to the Confidential Meeting of Council on Monday 27 November 2017.                                        CONF-2

 

CONF-2         RFT2017/05 Supply of One Garbage Landfill Compactor

Author:          David Butterfield 

Director:       Natalie Te Pohe

 

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: -

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

 

 


Report submitted to the Confidential Meeting of Council on Monday 27 November 2017.                                        CONF-3

 

CONF-3         RFT2018/07 BULK FUEL SUPPLY

Author:          David Butterfield

Director:       Natalie Te Pohe

 

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: -

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

 

 


Report submitted to the Confidential Meeting of Council on Monday 27 November 2017.                                        CONF-4

 

CONF-4         RFT2018/08 DESIGN AND CONSTRUCT RURAL FIRE SERVICE SHED TARCUTTA

Author:          Bruce Sheridan 

Director:       Caroline Angel

 

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: -

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

 

 


Report submitted to the Confidential Meeting of Council on Monday 27 November 2017.                                        CONF-5

 

CONF-5         HOOK LIFT TRUCK - OPTIONS FOR CONTINUING SERVICE AT REGIONAL TRANSFER STATIONS

Author:          Darryl Woods 

Director:       Caroline Angel

 

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: -

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

 

 


Report submitted to the Confidential Meeting of Council on Monday 27 November 2017.                                        CONF-6

 

CONF-6         Major Events Advisory Panel

Author:          Madeleine Scully

Director:       Janice Summerhayes

 

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: -

(a)         personnel matters concerning particular individuals.        

 

 


Report submitted to the Confidential Meeting of Council on Monday 27 November 2017.                                        CONF-7

 

CONF-7         WAGGA WAGGA CITY COUNCIL EXPRESSIONS OF INTEREST FOR GRAZING LICENCE AT GREGADOO WASTE MANAGEMENT CENTRE

Author:          Darryl Woods 

Director:       Caroline Angel

 

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: -

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

 

 


Report submitted to the Confidential Meeting of Council on Monday 27 November 2017.                                        CONF-8

 

CONF-8         PROPOSED GRAZING LICENCE AGREEMENT - SURPLUS SEWER LAND

Author:          Stephen Jewell 

Director:       Caroline Angel

 

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: -

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

 

   

  


Report submitted to the Confidential Meeting of Council on Monday 27 November 2017.

 

DRAFTMinutes of the Extraordinary Meeting of Council held on Friday 13 October 2017.

 

Present

The Mayor, Councillor Greg Conkey OAM

Councillor Yvonne Braid OAM

Councillor Rod Kendall

Councillor Tim Koschel

Councillor Dallas Tout

In Attendance

Director Finance                                                                     (Mrs N Te Pohe)

Director Commercial Development                                      (Mr A Butler)

Manager Audit, Risk & Governance                                    (Ms I Hensley)

Manager Executive Support                                                  (Mr S Gray)

Governance Officer                                                                (Ms B King)

Executive Assistant (Mayor)                                                  (Ms M Price)

 

 

 

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 was received and accepted for Councillors K Pascoe, D Hayes, P Funnell, General Manager, Mr J Bolton, Director Community, Mrs J Summerhayes and Director Operations, Ms C Angel on the Motion of Councillors R Kendall and T Koschel.

CARRIED

 

 

LEAVE OF ABSENCE

 

17/341       RESOLVED:

                   On the Motion of Councillors R Kendall and T Koschel

That Council note a leave of absence was granted to Councillor V Keenan (5 October 2017 to 25 October 2017 inclusive) at the 25 September 2017 Ordinary Council Meeting.

CARRIED

 

 

Declarations Of Interest    

No Declarations of Interest were received.

 

QUESTIONS/BUSINESS WITH NOTICE

No Questions/Business with Notice received.

closed COUNCIL

17/342       RESOLVED:

                   On the Motion of Councillors T Koschel and D Tout

That the Council now resolve itself into a Closed Council, the time being 8.01am

CARRIED

AT THIS STAGE OF THE MEETING THE PRESS AND PUBLIC GALLERY RETIRED FROM THE COUNCIL MEETING.


CONFIDENTIAL MAYORAL MINUTE

 

CONFMM-1       GENERAL MANAGER APPOINTMENT

 

17/343       RESOLVED:

                   On the Motion of the Mayor Councillor G Conkey OAM

That Council:

a       endorse the appointment of Mr Peter Thompson (as agreed at the 26 September 2017 Extraordinary Meeting) as General Manager noting that a  commencement date will be determined after the candidate provides adequate notice to their existing employer

b       authorise the Mayor to execute the contract with the preferred candidate for a contract term of five years in accordance with the conditions outlined at the 26 September 2017 Extraordinary Meeting

c       endorse that Mr James Bolton will continue in the position of General Manager until the new General Manager commences

d       endorse that all media enquiries are to be directed to the Mayor

 

CARRIED

  

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

R Kendall

 

T Koschel

 

D Tout

 

 

 

Reversion to open COUNCIL

17/344       RESOLVED:

                   On the Motion of Councillors D Tout and T Koschel

That this meeting of the Closed Council revert to an open meeting of the Council, the time being 8.05am.

CARRIED

 


report of proceedings of closed COUNCIL

17/345       RESOLVED:

                   On the Motion of Councillors R Kendall and T Koschel

That the recommendations contained in the report of the proceedings of the Closed Council be adopted.

CARRIED

 

 

 

THIS COMPLETED THE BUSINESS OF THE EXTRAORDINARY COUNCIL MEETING WHICH ROSE AT 8.06am.

 

 

…………………………………………………..

                                                                                                      MAYOR


Report submitted to the Confidential Meeting of Council on Monday 27 November 2017.

 

Minutes of the Ordinary Meeting of Council held on Monday 23 October 2017.

 

Present

The Mayor, Councillor Greg Conkey OAM

Councillor Yvonne Braid OAM

Councillor Paul Funnell

Councillor Rod Kendall

Councillor Kerry Pascoe

Councillor Dallas Tout

In Attendance

General Manager                                                                    (Mr J Bolton)

Director Finance                                                                     (Mrs N Te Pohe)

Director Community                                                               (Mrs J Summerhayes)

Director Commercial Operations                                          (Ms C Angel)

Director Commercial Development                                      (Mr A Butler)

Manager Finance                                                                   (Mrs C Rodney)

Manager Executive Support                                                  (Mr S Gray)

Manager Operations                                                               (Mr S Jewell)

Corporate Governance Coordinator                                    (Mrs N Johnson)

Communications & Engagement Officer                             (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 was received and accepted for Councillor D Hayes and Councillor T Koschel on the Motion of Councillors R Kendall and K Pascoe.

 

CARRIED

 

LEAVE OF ABSENCE

 

Council not that a leave of absence was granted to Councillor V Keenan (5 October 2017 to 25 October 2017 inclusive) at the 25 September 2017 Ordinary Council Meeting.

 

 

CONFIRMATION OF MINUTES

 

CM-1         Ordinary Council Meeting - 25 SEPTEMBER 2017

 

17/346       RESOLVED:

                   On the Motion of Councillors P Funnell and R Kendall

That the Minutes of the proceedings of the Ordinary Council Meeting held on 25 September 2017 be confirmed as a true and accurate record.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

R Kendall

 

K Pascoe

 

D Tout

 

 

 

CM-2         Extraordinary Council Meeting - 26 September 2017

 

17/347       RESOLVED:

                   On the Motion of Councillors P Funnell and R Kendall

That the Minutes of the proceedings of the Extraordinary Council Meeting held on 26 September 2017 be confirmed as a true and accurate record.

CARRIED

 

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

R Kendall

 

K Pascoe

 

D Tout

 

 

 

Declarations Of Interest

Councillor D Tout declared a Non Pecuniary, Non-Significant Interest in MM-2 – MAYORAL MINUTE – RIVERINA PLAYHOUSE ESSENTIAL ENERGY EASEMENT the reason being that the Lessee is his employer and remained in the chamber during its consideration.

 

 

MAYORAL MINUTES

 

MM-1         MAYORAL MINUTE - REPRESENTATION ON THE AUSTRALIAN AVIATION HALL OF FAME (AHOF) BOARD

 

17/348       RESOLVED:

                   On the Motion of Councillors K Pascoe and P Funnell 

That Council appoint a representative to the Australian Aviation Hall of Fame (AAHOF) Board.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

R Kendall

 

K Pascoe

 

D Tout

 

 

 

The Mayor, Councillor G Conkey OAM nominated Councillor R Kendall.

 

Councillor R Kendall accepted the nomination.

 

Councillor R Kendall was duly elected to be the representative to the Australian Aviation Hall of Fame (AAHOF) Board.

 

 


 

MM-2         MAYORAL MINUTE – RIVERINA PLAYHOUSE ESSENTIAL ENERGY EASEMENT

 

17/349       RESOLVED:

                   On the Motion of The Mayor, Councillor G Conkey OAM

That Council:

a       allow the creation of an Essential Energy easement for multi-purpose electrical installation burdening Lot 1 DP 717828

b       delegate authority to the General Manager or their delegate to execute any necessary documents on behalf of Council

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

R Kendall

 

K Pascoe

 

D Tout

 

 

 

PROCEDURAL MOTION - ENGLOBO

17/350       RESOLVED:

                   On the Motion of Councillors R Kendall and P Funnell 

That the standing orders be varied for the meeting as set out hereunder:

·    Items where councillors wish to speak

·    Items where no councillors wish to speak

·    Confidential

·    Matter of urgency

·    Closure of Meeting

That RP-1, RP-2, RP-4 to RP-11 and M-1 to M-3 be adopted as recommended in the business papers.

CARRIED

 

 

 

 

 

 

 

 

 


CLOSED COUNCIL

 

17/351       RESOLVED:

                   On the Motion of Councillors K Pascoe and D Tout

That the Council now resolve itself into a Closed Council, the time being 6.08pm.

CARRIED

 

AT THIS STAGE OF THE MEETING THE PRESS AND PUBLIC GALLERY RETIRED FROM THE COUNCIL MEETING.

 

 

PROCEDURAL MOTION – CONFIDENTIAL ENGLOBO

17/352       RESOLVED:

                   On the Motion of Councillors K Pascoe and P Funnell

That the standing orders be varied for the meeting as set out hereunder:

·    Items where councillors wish to speak

·    Items where no councillors wish to speak

·    Confidential

·    Matter of urgency

·    Closure of Meeting

That CONF-1, CONF-2, CONF-4 be adopted as recommended in the business papers

CARRIED

 

 

REVERSION TO OPEN COUNCIL

 

17/353       RESOLVED:

                   On the Motion of Councillors P Funnell and D Tout

That this meeting of the Closed Council revert to an open meeting of the Council, the time being 6.09pm.

CARRIED

 


 

REPORT OF PROCEEDING OF CLOSED COUNCIL

 

17/354       RESOLVED:

                   On the Motion of Councillors K Pascoe and D Tout

That the recommendations contained in the report of the proceedings of the Closed Council be adopted.

CARRIED

 

 

REPORTS FROM STAFF

 

RP-1          Financial Performance Report as at 30 September 2017

 

17/355       RESOLVED:

                   On the Motion of Councillors R Kendall and P Funnell 

That Council:

a       approve the proposed 2017/18 budget variations for the month ended 30 September 2017 and note the balanced budget position 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       provide financial assistance of the following amounts in accordance with Section 356 of the Local Government Act 1993:

i)       PCYC – Wagga Wagga                                                                    $    130.00

ii)      Wagga Wagga and District Family History Society Inc.         $    420.00

iii)     Committee for Liberty from Violence                                          $ 3,077.00

iv)     Task force 72 (Scale Model Ship Association Wagga

Wagga)                                                                                                 $    720.00

v)      The Cure for MND Foundation                                                      $    615.00

d       note details of the external investments as at 30 September 2017 in accordance with section 625 of the Local Government Act 1993

e       accept the grant of $18,340 from the NSW Department of Primary Industries (Lands) towards works to remove invasive Cootamundra Wattle at Pomingalarna Park

CARRIED

 

 

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

R Kendall

 

K Pascoe

 

D Tout

 

 

RP-2          POL 078 - Financial Assistance Policy and Amended 2017/18 Combined Delivery Program and Operational Plan

 

17/356       RESOLVED:

                   On the Motion of Councillors R Kendall and P Funnell 

That Council:

a       note that no submissions were received as a result of the public exhibition of the draft POL 078 Financial Assistance Policy and amended 2017/18 Combined Delivery Program and Operational Plan

b       note the minor amendments included in the proposed POL 078 Financial Assistance Policy

c       adopt the POL 078 Financial Assistance Policy

d       adopt the revised 2017/18 Combined Delivery Program and Operational Plan

e       rescind POL 093 Subsidy for Waste Disposal by Charitable Organisations Policy

f        delegate to the Mayor, or in their absence, the Deputy Mayor, the authority to approve the provision of financial assistance from the Mayoral Discretionary Fund of up to $1,000 to be applied in accordance with POL 078 Financial Assistance Policy, consistent with s377 of the Local Government Act 1993

g       delegate to the General Manager, the authority to approve the provision of financial assistance of up to $500 to be applied in accordance with POL 078 Financial Assistance Policy, consistent with s377 of the Local Government Act 1993

CARRIED

 

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

R Kendall

 

K Pascoe

 

D Tout

 

 

RP-3          Annual Financial Statements 2016/17

 

17/357       RESOLVED:

                   On the Motion of Councillors D Tout and R Kendall

That Council:

a       note the comments from the Audit, Risk & Improvement Committee regarding the 2016/17 Financial Statements

b       approve the signing of the 2016/17 Financial Statements pursuant to Section 413 (2c) of the Local Government Act 1993

c       approve the movements to and from Restricted Assets (Reserves) as at 30 June 2017 as detailed in Note 6 (c) - Cash & Investments

d       receive a presentation from the NSW Audit Office on the audited financial reports and auditors report at the 27 November 2017 Council Meeting, pursuant to Section 418 (1)

 

CARRIED

 

RECORD OF VOTING ON THE MOTION

 

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

R Kendall

 

K Pascoe

 

D Tout

 

 

 

 

RP-4          Wagga Wagga Main City Levee - Federal Grant Acceptance

 

17/358       RESOLVED:

                   On the Motion of Councillors R Kendall and P Funnell 

That Council:

a       accept the Federal Government grant offer of $9M for delivery of the Main Wagga Wagga City Levee

b       authorise the affixing of Council’s Common Seal to all relevant documents as required

CARRIED

 

 

 

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

R Kendall

 

K Pascoe

 

D Tout

 

 

 

RP-5          Draft Wagga Wagga Revised Floodplain Risk Management Study and Plan

 

17/359       RESOLVED:

                   On the Motion of Councillors R Kendall and P Funnell 

That Council:

a       receive the draft Wagga Wagga Revised Floodplain Risk Management Study and Plan

b       place the draft Wagga Wagga Revised Floodplain Risk Management Study and Plan on public exhibition for a minimum of 28 days from 24 October 2017 to 21 November 2017 and invite public submissions on the draft document during the exhibition and consultation period

c       endorse the preparation of a formal submission by staff in response to the draft Wagga Wagga Revised Floodplain Risk Management Study and Plan

d       receive a further report following the public exhibition and consultation period that will consider:

i         in consultation with WMAwater Pty Ltd, any submission made in respect of the draft Wagga Wagga Revised Floodplain Risk Management Study and Plan

ii        proposing adoption of the draft Wagga Wagga Revised Floodplain Risk Management Study and Plan unless there are any recommended amendments deemed to be substantial and requiring a further public exhibition period

CARRIED

 

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

R Kendall

 

K Pascoe

 

D Tout

 

 

RP-6          Red Hill Road - Local Articulated Vehicles

 

17/360       RESOLVED:

                   On the Motion of Councillors R Kendall and P Funnell 

That Council:

a       receive and note this report

b       continue utilising option 1 as outlined in the body of this report noting the effectiveness of the permit system

CARRIED

 

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

R Kendall

 

K Pascoe

 

D Tout

 

 

 

RP-7          DISCLOSURE OF PECUNIARY INTEREST RETURNS - COUNCILLORS AND DESIGNATED STAFF 2017

 

17/361       RESOLVED:

                   On the Motion of Councillors R Kendall and P Funnell 

That the Register of Pecuniary Interest Returns, containing current returns for the period 1 July 2016 to 30 June 2017 be tabled in accordance with Section 449 of the Local Government Act.

CARRIED

 

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

R Kendall

 

K Pascoe

 

D Tout

 

 

 

 

 

 


RP-8          CHANGE OF LICENCE ENTITY - WAGGA WAGGA CITY COUNCIL LICENCE RENEWAL TO LIVEBETTER SERVICES LIMITED (FORMERLY WAGGA WAGGA COMMUNITY RESOURCE CENTRE)

 

17/362       RESOLVED:

                   On the Motion of Councillors R Kendall and P Funnell 

That Council:

a       note in relation to an upcoming licence renewal the name of the licensee entity has changed from Wagga Wagga Community Resource Centre (ABN 58 151 969 547) to LiveBetter Services Limited (ABN 13 160 259 512)

b       delegate authority to the General Manger or their delegate to execute any necessary documents on behalf of Council

CARRIED

 

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

R Kendall

 

K Pascoe

 

D Tout

 

 

 

RP-9          POL 001 Asset Management Policy

 

17/363       RESOLVED:

                   On the Motion of Councillors R Kendall and P Funnell 

That Council:

a       notes there were no submissions received during the exhibition period for POL 001 Asset Management Policy

b       adopts POL 001 Asset Management Policy

CARRIED

 

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

R Kendall

 

K Pascoe

 

D Tout

 

RP-10        Draft POL 053 Corporate Purchase Card Policy

 

17/364       RESOLVED:

                   On the Motion of Councillors R Kendall and P Funnell 

That Council:

a       endorse the draft POL 053 Corporate Purchase Card Policy, that is to be placed on public exhibition for a period of 28 days from 28 October 2017 to 27 November 2017 and invites public submissions on the draft Policy

b       note that the Audit, Risk and Improvement Committee considered the draft POL 053 Corporate Purchase Card Policy at its meeting on 10 August 2017 and has recommended that Council endorse the draft Policy and place it on public exhibition seeking public submissions

c       receive a further report following the public exhibition and submission period:

i         addressing any submissions made in respect of the proposed POL 053 Corporate Purchase Card Policy

ii        proposing adoption of the Policy unless there are any recommended amendments deemed to be substantial and requiring a further public exhibition period

CARRIED

 

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

R Kendall

 

K Pascoe

 

D Tout

 

 

 

RP-11        POL 101 Legislative Compliance Policy

 

17/365       RESOLVED:

                   On the Motion of Councillors R Kendall and P Funnell 

That Council:

a       notes that there were no submissions received during the exhibition period for POL 101 Legislative Compliance Policy

b       adopts POL 101 Legislative Compliance Policy

CARRIED

 

 

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

R Kendall

 

K Pascoe

 

D Tout

 

 

 

RP-12        Response to Questions with Notice

A Motion was moved by Councillors D Tout and P Funnell

That Council receive and note this report.

An AMENDMENT was moved by Councillor K Pascoe and seconded by Councillor P Funnell

That Council receive and note all items with exception of Item Two outlined in the report.

 

RECORD OF VOTING ON THE AMENDMENT

For the Amendment

Against the Amendment

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

R Kendall

 

K Pascoe

 

D Tout

 

 

The AMENDMENT on being put to the meeting was Carried and became the Motion.

 

17/366       RESOLVED:

                   On the Motion of Councillors K Pascoe and P Funnell 

That Council receive and note all items with exception of Item Two outlined in the report.

CARRIED

 

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

R Kendall

 

K Pascoe

 

D Tout

 

 

 

COMMITTEE MINUTES

 

M-1            Floodplain Risk Management Advisory Committee Minutes - 04 July 2017 and 12 September 2017

 

17/367       RESOLVED:

                   On the Motion of Councillors R Kendall and P Funnell 

That Council receive the minutes of the Floodplain Risk Management Advisory Committee Meeting held on 4 July 2017 and 12 September 2017.

CARRIED

 

RECORD OF VOTING ON THE MOTION

 

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

R Kendall

 

K Pascoe

 

D Tout

 

 

 

M-2            Audit, Risk and Improvement Committee Minutes - 5 October 2017

 

17/368       RESOLVED:

                   On the Motion of Councillors R Kendall and P Funnell 

That Council endorses the recommendations contained in the minutes of the Audit, Risk and Improvement Committee Meeting held on 5 October 2017.

CARRIED

 

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

R Kendall

 

K Pascoe

 

D Tout

 

 

 

 

 

 

 

 

 

M-3            Traffic Committee Minutes and Summary - 14 September 2017

 

17/369       RESOLVED:

                   On the Motion of Councillors R Kendall and P Funnell 

That Council receive the minutes of the Traffic Committee meeting held on 14 September 2017.

CARRIED

 

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

R Kendall

 

K Pascoe

 

D Tout

 

 

 

QUESTIONS/BUSINESS WITH NOTICE

 

The following Questions/Business with Notice are to be addressed through the next available business paper:

 

1.      Councillor P Funnell requested a report back to Council regarding compliance matters of Tooyal Road.

 

2.      Councillors R Kendall, K Pascoe, D Tout and The Mayor, Councillor G Conkey OAM acknowledged and congratulated all staff involved in the Sister City visit and the Fusion Event held 21 and 22 October 2017.

 

3.      Councillor D Tout requested a map of all high flood hazard areas including risk ratings and depths in the Local Government Area.

 

4.      The Mayor, Councillor G Conkey OAM acknowledged and thanked his Executive Assistant, Monique Price for her contribution to Council and assistance to all Councillors during her employment, Council wish her well with her future endeavours.

 

 


closed COUNCIL

 

17/370       RESOLVED:

                   On the Motion of Councillors P Funnell and K Pascoe

That the Council now resolve itself into a Closed Council, the time being 6.25pm.

CARRIED

 

AT THIS STAGE OF THE MEETING THE PRESS AND PUBLIC GALLERY RETIRED FROM THE COUNCIL MEETING.

 

 

CONFIDENTIAL MAYORAL MINUTE

 

CONFMM-1       CONFIDENTIAL MAYORAL MINUTE – RFT 2017-26 RECYCLABLES WASTE ACCEPTANCE AND PROCESSING SERVICE SECURITY ARRANGEMENTS

 

17/371       RESOLVED:

                   On the Motion of The Mayor, Councillor G Conkey OAM

That Council:

a       authorise changing the security amount in the proposed contract for RFT 2017-26 Recyclables Waste Acceptance and Processing Service with Kurrajong Recycling from $900,000 to 12.5% of the total annual contract value

b       authorise the General Manager or their delegate to enter into a contract with Kurrajong Recycling on this basis

c       authorise the affixing of Council’s Common seal to all relevant documents as required

CARRIED

 

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

R Kendall

 

K Pascoe

 

D Tout

 

 

 


CONFIDENTIAL REPORTS

 

CONF-1    RFT2018/10 Bulk Emulsion Supply

 

17/372       RESOLVED:

                   On the Motion of Councillors K Pascoe and P Funnell

That Council:

a       accept the offer of Downer EDI Works Pty Ltd for the supply of bulk emulsion in the schedule of rates submitted with their Tender offer

b       authorise the General Manager or their delegate to enter into a contract with Downer EDI Works Pty Ltd for the supply of bulk emulsion

c       authorise the affixing of Council’s Common seal to all relevant documents as required

CARRIED

 

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

R Kendall

 

K Pascoe

 

D Tout

 

 

 

CONF-2    RFT2018/01 SEWER REHABILITATION KOORINGAL, RED HILL ROAD AND NIXON CRESCENT

 

17/373       RESOLVED:

                   On the Motion of Councillors K Pascoe and P Funnell

That Council:

a       accept the tender of Keough’s Plant Hire Pty Ltd (ABN: 74 000 521 246) for the Rehabilitation of Gravity Sewer Mains in Kooringal, Red Hill Road and Nixon Crescent in the lump sum amount of $ 994,595.45 excluding GST

b       authorise the General Manager or their delegate to enter into a contract with Keough’s Plant Hire Pty Ltd for the Rehabilitation of Gravity Sewer Mains in Kooringal , Red Hill Road and Nixon Crescent

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

CARRIED

 

 

 

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

R Kendall

 

K Pascoe

 

D Tout

 

 

 

CONF-3    SALE OF WIRADJURI CRESCENT PROPERTIES

 

17/374       RESOLVED:

                   On the Motion of Councillors K Pascoe and Y Braid OAM

That Council defer the report on the SALE OF WIRADJURI CRESCENT PROPERTIES until the November 2017 Council meeting for consideration in open Council.

CARRIED

 

RECORD OF VOTING ON THE MOTION

 

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

R Kendall

 

K Pascoe

 

D Tout

 

 


 

CONF-4    PROPOSED SUB-LEASE TO ENCORE AVIATION PTY LTD - HANGAR SITE 225 - WAGGA AIRPORT

 

17/375       RESOLVED:

                   On the Motion of Councillors K Pascoe and P Funnell

That Council:

a       note the proposed sub-lease to former owner of hangar site 225 is no longer proceeding

b       amend the existing sub-lease with Encore Aviation Pty Ltd over hangar sites 301 & 227 to include hangar site 225 as per the terms set out in the body of this report

c       delegate authority to the General Manager or their delegate to execute any necessary documents on behalf of Council

CARRIED

 

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

R Kendall

 

K Pascoe

 

D Tout

 

 

CONF-5    Appointment of Public Art Advisory Panel Community Member

 

17/376       RESOLVED:

                   On the Motion of Councillors R Kendall and K Pascoe

That Council appoint the replacement community representative to the Public Art Advisory Panel as contained in this report.

CARRIED

 

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

R Kendall

 

K Pascoe

 

D Tout

 

 

Reversion to open COUNCIL

17/377       RESOLVED:

                   On the Motion of Councillors K Pascoe and P Funnell 

That this meeting of the Closed Council revert to an open meeting of the Council, the time being 6.33pm.

CARRIED

report of proceedings of closed COUNCIL

17/378       RESOLVED:

                   On the Motion of Councillors R Kendall and K Pascoe

That the recommendations contained in the report of the proceedings of the Closed Council be adopted.

CARRIED

 

 

THIS COMPLETED THE BUSINESS OF THE COUNCIL MEETING WHICH ROSE AT 6.38pm.

 

 

…………………………………………………..

                                                                                                      MAYOR