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

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

 

 

 

 

 

 

 

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

 

 

 

 

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

 

 

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.

 

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.

 

N/A

Disability Inclusion Action Plan (DIAP)

Recreation and Open Space and Community Strategy (ROSC)

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

No specific issues identified.

N/A

 

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

 

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.

 

N/A

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

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We are accountable and transparent

No specific issues identified.

N/A

  

 

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.

 

 

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

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.

 

 

N/A

Wagga Wagga Local Environmental Plan 2010

Wagga Wagga Development Control Plan 2010

 

The Environment

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

Outcome: We look after and maintain our community assets

 

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.

See attached s79C report for details of all consultation.

 

 

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

 

 

 

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

 

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.

 

N/A

·        Environmental Planning and Assessment Act 1979

·        Wagga Wagga Local Environmental Plan 2010

The Environment

Objective: We plan for the growth of the city

Outcome: We have sustainable urban development

No specific issues identified.

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

 

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

 

 

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

  

 

 

 

 

 

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

 

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.

 

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.

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).

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We are accountable and transparent

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.

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.

 

 

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

  

 

 

 

 

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

 

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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:

 

 

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:

 

 

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

 

 

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

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.

 

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We are accountable and transparent

 

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

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.

 

 

1⇩.

Section 356 Donation Request - Mayoress Concert

 

 

 

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

 

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.

 

N/A

N/A

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We plan long term

No specific issues identified.

N/A

 

  

 

 

 

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.

 

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.

 

N/A

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

 

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We are accountable and transparent

 

Accuracy and accountability of Delegations of Authority to the Mayor.

·        The Mayor

·        Office of Local Government

·        Council’s Legal Panel Solicitors

·        Finance and Governance staff

 

 

1⇩.

Section 226 - Local Government Act 1993