Ordinary Meeting of Council
To be held on
Monday
18 December 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 18 December 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 Peter Thompson
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 |
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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 18 December 2017.
Ordinary Meeting of Council AGENDA AND BUSINESS PAPER
Monday 18 December 2017
ORDER OF BUSINESS:
CLAUSE PRECIS PAGE
PRAYER 2
ACKNOWLEDGEMENT OF COUNTRY 2
APOLOGIES 2
CONFIRMATIONS OF MINUTES
CM-1 Ordinary Council Meeting - 27 November 2017 2
DECLARATIONS OF INTEREST 2
Reports from Staff
RP-1 REV17/0004 - Review of determination of Development Application DA16/0692 - Demolition of existing garage and construction of garage with attached verandah - Lot 4 DP 308132, 144 Morgan Street, Wagga Wagga 2
RP-2 Planning Proposal LEP17/0003 to amend the Wagga Wagga Local Environmental Plan 2010 2
RP-3 Planning Proposal to Rezone land from IN1 General Industrial Zone to RE2 Private Recreation Zone at 560, Byrnes Road, Bomen 2
RP-4 Petition - Dunns Road 2
RP-5 Livestreaming of Ordinary Meetings of Council 2
RP-6 CODE OF CONDUCT ANNUAL REPORT 2
RP-7 Financial Performance Report as at 30 November 2017 2
RP-8 POL 075 Investment Policy 2
RP-9 Cities Power Partnership 2
RP-10 Submissions Received to the Exhibited Document Draft Wagga Wagga Crime Prevention Plan 2021 2
RP-11 POL 053 Corporate Purchase Card Policy 2
RP-12 donations, grants or gifts from coal seam gas companies or associated organisations 2
RP-13 Responses to Questions/Business with Notice 2
Committee Minutes
M-1 Airport Advisory Committee Minutes - 4 October 2017 2
M-2 TRAFFIC COMMITTEE MEETING MINUTES - 9 NOVEMBER 2017 2
QUESTIONS/BUSINESS WITH NOTICE 2
Confidential Reports
CONF-1 RFQ2018/504 Supply of One Motor Grader 2
CONF-2 PROPOSED ACQUISITION OF LAND AT CRAMPTON STREET FOR ROAD PURPOSES 2
Confirmation of Minutes
CM-1 Ordinary Council Meeting - 27 November 2017
That the Minutes of the proceedings of the Ordinary Council Meeting held on 27 November 2017 be confirmed as a true and accurate record.
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Minutes - 27 November 2017 |
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RP-1 REV17/0004 - Review of determination of Development Application DA16/0692 - Demolition of existing garage and construction of garage with attached verandah - Lot 4 DP 308132, 144 Morgan Street, Wagga Wagga
Author: Cameron Collins
General Manager: Peter Thompson
Analysis: |
This report is for a review of the determination of development application DA16/0692 and is presented to Council for decision. The applicant has requested that Council review the determination under Section 82A of the Environmental Planning and Assessment Act 1979.
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That Council refuse of DA2016/0692 for Demolition of Existing Garage and Construction of Garage with Attached Verandah, Lot 4 DP308132 located at 144 Morgan Street, Wagga Wagga.
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Development Application Details
Applicant |
Justin Bentley |
Owner |
Justin and Emma Bentley |
Development Cost |
N/A |
Development Description |
The original development application proposed to undertake works associated with the demolition and erection of a garage on the subject land. The existing garage is set back behind the Thorne Street building line of the existing dwelling on site.
The new garage is proposed to be longer, wider and taller than the existing as well erected closer to the Thorne Street frontage. Essentially the proposal exceeds the size controls in the Heritage Chapter of the DCP
It is noted that the applicant advises that there are a number of areas of non-compliance with the Development Control Plan, Heritage Chapter, with the proposed structure and in particular the proposal seeks to increase: · allowable width from 6m to 6.6m (10% over) · length from 7.6m to 8.7m (14.47% over) · wall height from 2.4m to 3m (25% over) · apex height of roof from 3.9m to 4.8m (23% over) · floor area of an outbuilding from 8% to 11.9%
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Report
Legislation
This review is prescribed under Section 82 of the Environmental Planning and Assessment Act 1979 –
82. Review of Determination
(1) If the consent authority is a council, an applicant may request the council to review a determination of the applicant’s application,
(6) If the council reviews the determination, the review must be made by:
(a) if the determination was made by a delegate of the council — the council or another delegate of the council who is not subordinate to the delegate who made the determination, or
(b) if the determination was made by the council—the council.
Decision to refer to Council meeting
The decision of the General Manager to refer this application to the full Council was made for a number of reasons including:
1) To improve perception from some in the industry that an internal staff review is not robust, given that planning team members often collaborate during the assessment process and have therefore usually been involved and been influenced by the original DA assessment and its determination.
2) It also, as a principle, allows the Council to have a role in determinations in the event that they are appealed to the Land and Environment Court. For example if applications are refused, and then refused on review under delegation, the Council could be a party to a case in Court, without having any role in this. This is not considered to be reasonable or an appropriate use of delegations having regard to Council’s financial and reputational risk.
3) It allows Councillors the opportunity to better understand the effect of Development Controls that it considers may be obstructing acceptable development outcomes. Council’s determination of these matters will then assist in informing the strategic review of these controls so they may be applied more broadly and consistently at the delegated level.
A review of policies and delegations is to be undertaken on these matters, and this will allow Council to consider this in a more holistic manner going forward.
Background
The request for review relates to a development application for the proposed demolition of an existing garage at 144 Morgan Street Wagga Wagga (Heritage Conservation Area) and the erection of a new garage with attached verandah. The original application was refused by Council officers under delegation on 22 September 2017.
The request for review was lodged 19 October 2017 being within the statutory timeframes.
To ensure an independent assessment of the review, the application has been referred to a professional town planner named Peter O’Dwyer who works for a planning consultancy company called EDM Group, based in Wodonga. A report detailing Peter O’Dwyer’s review of the application and his recommendation is attached.
This report and debate should only focus on the review, and not the original determination.
Key issues and processes relevant to the review are detailed in Peter O’Dwyer’s assessment report at Section 1 (Introduction) and Section 8.1 (Extent of Review)
Assessment
The complete assessment of the requested review is provided within Peter O’Dwyer’s attached report. Peter O’Dwyer concludes his assessment with the following comment:
“As a consequence of the above discussion, together with an assessment of the applicant’s statement provided on the Request for Review form against the stated grounds for refusal under Section 79C of the EP&A Act, as well as the planning merits of the amended proposal it is felt that on balance the proposed Request for a Review of Determination should be dismissed and the original Determination be confirmed.
Further it is evident from review of the original Assessment report dated 22 September 2017 that there has been no material mis-statement or concealment of facts when reporting on DA2016/0692 for demolition of a garage and erection of a new garage nor has there been any material mistake in relation to the recommendation of refusal.
Having regard to the nature of the development proposal it is considered that the proposed development is inconsistent with relevant planning provisions including the Wagga Wagga LEP 2010 and DCP 2010 and is consequently worthy of refusal.
Accordingly, it is recommended that the refusal of Development Application 2016/0692 be upheld.”
Council Approval
Should Council wish to approve this development, a list of conditions is provided at Appendix 3 of Peter O’Dwyer’s report. Council officers have reviewed the conditions and are satisfied that they address all required matters.
Site Location
The subject land is identified as 144 Morgan Street described as Lot 4 DP308132. The property is a rectangular shaped parcel which is 505.9m2 in area and is located at the south-western corner of the intersection of Thorne and Morgan Streets, within the Wagga Wagga Heritage Conservation Area.
More information relating to the property is available through Council’s Online Services system.
Financial Implications
Potential legal costs should the recommended refusal be resolved by Council, if the applicant appeals to the Land and Environment Court.
Policy
Wagga Wagga Local Environment Plan 2010
Wagga Wagga Development Control 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
A resolution to confirm the original determination of refusal, may result in the applicant appealing the decision in the Land and Environment Court which will have to be defended by Council.
Internal / External Consultation
The request for review is not required to be notified.
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REV17/0004 - 144 Morgan Street - Assessment Report - Provided under separate cover |
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REV17/0004 - 144 Morgan Street - Plans - Provided under separate cover |
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REV17/0004 - 144 Morgan Street - SEE - Provided under separate cover |
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Report submitted to the Ordinary Meeting of Council on Monday 18 December 2017. RP-2
RP-2 Planning Proposal LEP17/0003 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 permit with consent business premises at 1A Moorong Street, Wagga Wagga by listing the use as an additional permitted use to operate in conjunction with rural supplies. |
That Council: a support the submission of a planning proposal to amend the Wagga Wagga Local Environmental Plan 2010 b submit a planning proposal to the Department of Planning and Environment for Gateway Determination c adopt the exhibited 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 1A Moorong Street, Wagga Wagga as illustrated in Figure 1.
Elders is proposing to relocate to the site and the amendment will allow the real estate and financial services component of their agribusiness to operate on this site.
The planning proposal has been prepared by the landowner to list business premises as an additional permitted use in Schedule 1 of the LEP for 1A Moorong Street, Wagga Wagga. The amendment intends to allow the business component to operate in conjunction with rural supplies from the site with approval.
The proposal will result in an amendment to Schedule 1 of the Wagga Wagga Local Environmental Plan 2010.
A more detailed description of the proposal with supporting information is attached to this report.
The proposal is supported for the following reasons:
· The proposed amendment is a minor amendment to permit with consent, business premises on the subject land in conjunction with rural supplies.
· The proposed amendment is compatible with the existing uses in the area.
· It is consistent with relevant S117 Ministerial Directions.
· The investigation of the subject land provided with the application is sufficient to support the planning proposal and forward to the Department of Planning and Environment seeking Gateway Determination.
To comply with the NSW Department of Planning and Environment guidelines and to support the planning proposal, council staff will prepare a proposed timeline as an addendum to the proposal prior to submitting for Gateway Determination.
Financial Implications
In accordance with Council’s 2017/18 Fees & Charges, a Minor LEP Amendment (Low Complexity) has a total application fee of $7,500 for which the proponent has paid. There are no requirements to amend the DCP therefore the $2,000 is not relevant.
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 has commenced with Council’s Planning Section via internal referral. Any comments received will be addressed prior to submitting the planning proposal for Gateway Determination.
Community consultation will be undertaken as required by the Gateway Determination.
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Planning Proposal LEP17/0003 - 1 A Moorong Street, Wagga Wagga - Provided under separate cover |
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Report submitted to the Ordinary Meeting of Council on Monday 18 December 2017. RP-3
RP-3 Planning Proposal to Rezone land from IN1 General Industrial Zone to RE2 Private Recreation Zone at 560, Byrnes Road, Bomen
Author: Adriaan Stander
Director: Natalie Te Pohe
Analysis: |
The planning proposal seeks to rezone Lot 2 DP 771340, located at 560 Byrnes Road, Bomen from IN1 General Industrial to RE2 Private Recreation and IN2 Light Industry. |
That Council: a receive and note this report b refuse the planning proposal as it is not compatible for the intended use and inappropriate for the following reasons: i the proposal is inconsistent with the following strategic direction and policy guiding documents affecting Bomen · Riverina Murray Regional Plan 2036 · Wagga Wagga Spatial Plan 2013-2043 · Draft Wagga Wagga Activation Strategy 2040 · Wagga Wagga Integrated Transport Strategy and Implementation Plan 2040 ii the proposal is inconsistent with the Section 117 Ministerial Directions iii the proposal will result in undesirable land use conflicts iv the proposal did not provide sufficient information to undertake a full assessment of the planning proposal c notify the applicant of the decision to refuse the planning proposal |
Report
The Proposal
Council is in receipt of a planning proposal to amend the Wagga Wagga Local Environmental Plan 2010 (LEP) to rezone Lot 2 DP 771340 from IN1 General Industrial to RE2 Private Recreation.
The proponent’s intention is to rezone the land to redevelop the site into an entertainment complex with a combination of indoor and outdoor facilities including a restaurant. The complex would be able to cater for a wide variety of events including large musical festivals, equine, camping, community, sporting and business events.
Site and Locality
The subject site is located to the east of Byrnes Road in the Bomen Industrial Area and is approximately 7.7ha in size. It contains a range of industrial buildings that were previously occupied by a wool combing facility. The site is currently used for warehousing and offices, but has been underutilised since the wool combing operations ceased.
The area to the north, east and west is generally characterised by broad acre farming enterprises with scattered residential dwellings. The area to the south and south-west is characterised by industrial land uses, including Renewed Metal Technologies (also known as Enirgi Group). The Riverina Oils and Bio Energy (ROBE) facility is located north opposite Trahairs Road. A 26 Megawatt (MW) solar energy system was approved on the adjoining property to the east by the Southern Joint Regional Planning Panel in 2016.
Assessment
The proposal is not supported as it is considered not compatible for the intended use and inappropriate for the following reasons:
i the proposal is inconsistent with the following strategic direction and policy guiding documents affecting Bomen
· Riverina Murray Regional Plan 2036
· Wagga Wagga Spatial Plan 2013-2043
· Draft Wagga Wagga Activation Strategy 2040
· Wagga Wagga Integrated Transport Strategy and Implementation Plan 2040
ii the proposal is inconsistent with the Section 117 Ministerial Directions
iii the proposal will result in undesirable land use conflicts
iv the proposal did not provide sufficient information to undertake a full assessment of the planning proposal.
A detailed assessment report is provided under Attachment 2. The recommendation is for Council to refuse the planning proposal for the reasons provided in the recommendation.
Next Steps
Consistent with clause 10A of the Environmental Planning and Assessment Regulation 2000, an applicant must be notified as soon as possible if Council refuses a planning proposal. If Council resolves to adopt the recommendation, Council officers will notify the applicant in writing after the Council meeting.
The applicant has the ability to appeal Council’s decision by submitting the planning proposal to the Department of Planning and Environment through the pre-gateway review process.
Financial Implications
In accordance with Council’s 2017/18 Fees & Charges, a Major LEP Amendment (Large Proposal – High Complexity) has a total application fee of $26,500. The proponent to date has paid the initial assessment fee of $10,000. If Council decides that the planning proposal must proceed, the proponent will be issued with a request to pay the outstanding fee $16,500.
Policy and Legislation
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
· An approval of the proposal will reduce the amount of ready available employment land in the city and region.
· An approval of the proposal will result in land-use conflicts and other environmental disruptions.
· Bomen is identified as an intermodal hub connected to the Inland Rail Network and an approval of the application will (as a result of land use conflicts) inhibit the potential and efficient movement of freight transportation.
· An approval of the proposal will have a significant impact on the success of recent investment in infrastructure in the locality and deter future investment opportunities.
· Refusal of the application may result in an appeal process. The applicant has the ability to appeal Council’s decision by submitting the planning proposal to the Department of Planning and Environment through the pre-gateway review process. The reasons for refusal will have to be justified and withstand scrutiny and cross examination.
Internal / External Consultation
Internal A cross-directorate internal referral also occurred. Comments incorporated within assessment report.
A councillor site visit and subsequent workshop was held on 9 October 2017 where officers presented the planning proposal to councillors.
Councillors in attendance at the site visit included:
· Cr Conkey
· Cr Braid
· Cr Hayes
Councillors in attendance at the workshop included:
· Cr Conkey
· Cr Braid
· Cr Hayes
· Cr Kendall
· Cr Pascoe
· Cr Tout
External The proposal was referred to a number of state agencies and the responses provided advice and recommendations if the proposal should proceed.
Formal public consultation with adjoining land owners and the general public usually occurs after a gateway determination. Whilst no formal public consultation has occurred to date, due to the media interest, more than 10 submissions have been received from people living in the area as well as from three major businesses in the industrial area. Copies of the submissions are summarised in the assessment below.
Submissions
· The proposal undermines the strategic purpose of Bomen as an industrial area of state and local significance, placing regional employment and growth at risk.
· The proposal conflicts with state, regional and local strategic directives.
· The proposal is incompatible with adjoining industries. The introduction of incompatible land use activities in this location potentially threatens the continued operations of existing industries.
· The proposal includes camping. NSW EPA has already made recommendation not to introduce new sensitive receptors into an area that already has existing levels of noise and odour that are unacceptable to the community.
· People living in the area have raised concerns in relation to impacts on the amenity including but not limited to noise, dust, parking, stormwater and toilet facilities.
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LEP17.0001 - 560 Byrnes Road, Bomen, Rezoning Application - Provided under separate cover |
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LEP17.0001 - 560 Byrnes Road, Bomen, Assessment Report - Provided under separate cover |
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3. |
LEP17.0001 - 560 Byrnes Road, Submissions - Provided under separate cover |
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LEP17.0001- 560 Byrnes Road, Internal Comments - Provided under separate cover |
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Report submitted to the Ordinary Meeting of Council on Monday 18 December 2017. RP-4
Director: Caroline Angel
Analysis: |
Petition received regarding closure of Dunns Road. |
That Council: a receive and note the petition b include the petition as part of the stakeholder engagement process once the Dunns Road Corridor Upgrade Investigations commence |
Report
Council Officers received a petition on 14 November 2017 in response to the recent advertising of RFQ2018-522 Dunns Road Corridor Upgrade Investigation.
The petition was submitted by Wayne and Debbie Lennon, who are property owners on Dunns Road.
The petition contained 10 names and signatures from residents who reside in the vicinity of Dunns Road. In accordance with the Petitions Management Policy POL 086, a letter acknowledging the receipt of the petition has been sent to Mr and Mrs Lennon.
Council resolved the following as per Resolution 17/293 of the 28 August 2017 Ordinary meeting:
That Council:
a seek a report from a consultative engineer for a high level concept and estimate for the development required for Dunns Road
b approve a budget variation of $100,000 to be funded from the Fit for the Future Reserve
c present the statistics and reports conducted in 2003
d request that normal processes be implemented and followed in the selection of a high priority road suitable for Federal Government funding
e receive a report back to Council
It is the intention that this petition be included as part of the stakeholder engagement process once the Dunns Road Corridor Upgrade investigations commences.
Financial Implications
N/A
Policy and Legislation
POL 086 Petitions Management 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
No specific issues identified
Internal / External Consultation
Consultation is to be undertaken with relevant stakeholders once the Dunns Road Corridor Upgrade investigations have commenced and a decision has been made in respect to the future of the road.
Report submitted to the Ordinary Meeting of Council on Monday 18 December 2017. RP-5
RP-5 Livestreaming of Ordinary Meetings of Council
Author: Ingrid Hensley
General Manager: Peter Thompson
Analysis: |
Livestreaming allows people to watch Ordinary Meetings of Council either live or at a later time.
Livestreaming is one measure that can contribute towards Council being open - facilitating community engagement and promoting accessibility and transparency of decision-making. Interest from the community and the cost and risks associated with livestreaming need to be considered in whether deciding to continue this service. |
That Council: a continue to livestream Council meetings (video and audio) for the remainder of the 2017/18 Financial Year and for the 2018/19 Financial Year b approve the budget variation/s as detailed in the budget section of the report |
Report
The Trial Period
At its February 2017 Ordinary Meeting of Council, Council resolved to trial livestreaming (video and audio) of Ordinary Meetings of Council for a period of not less than 6 months and not more than 9 months.
Council conducted a ‘test’ livestream at the April meeting but officially commenced livestreaming at its May 2017 meeting. This report considers the results of that trial period, include responses received from staff and the community.
As at 30 November 2017, there were 3,171 total livestreaming views with 2,649 unique views from May to November (inclusive), with an average watch time of almost 14 minutes. This is an average of 378 unique viewers per meeting.
Statistics were also recorded in relation to how people were viewing the meeting, with 42.3% of viewers watching the meeting from a desktop and 37.5% of viewing the meeting from a mobile phone. 19.8% of viewers viewed the meeting from a tablet.
Across the trial period, the majority of viewers (61.5%) watched the meeting live and 98.2% of viewers were in Australia, with the majority in NSW (80.1%). Due to the large number of mobile devices used to watch the meeting it is difficult to identify the specific location of viewers, however the livestreaming provider has advised it is that the 38.4% of viewers whose location was identified as Sydney were most likely Wagga Wagga viewers who were otherwise recorded as 3.7% of viewers. More detailed statistics are provided below, and which continue to show a good level of community interest, although there has been a gradual reduction in views over the trial period.
May Council Meeting |
Total Views |
Unique Views |
Avg. Watch Time |
Session 1 |
582 |
514 |
00:10:14 |
Session 2 |
49 |
44 |
00:02:01 |
June Council Meeting |
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Session 1 |
799 |
634 |
00:18:18 |
Session 2 |
79 |
65 |
00:02:38 |
July Council Meeting |
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Session 1 |
507 |
417 |
00:19:34 |
Session 2 |
93 |
76 |
00:03:32 |
August Council Meeting |
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Session 1 |
252 |
201 |
00:17:44 |
Session 2 |
39 |
33 |
00:01:55 |
September Council Meeting |
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Session 1 |
143 |
116 |
00:12:30 |
Session 2 |
148 |
130 |
00:14:39 |
October Council Meeting |
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Session 1 |
16 |
14 |
00:02:56 |
Session 2 |
19 |
15 |
00:11:40 |
Session 3 |
21 |
19 |
00:01:52 |
November Council Meeting |
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Session 1 |
141 |
115 |
00:16:13 |
Session 2 |
131 |
111 |
00:11:08 |
Session 3 |
71 |
67 |
00:02:15 |
“Session 1” refers to the open section of Council prior going into Closed Council. “Session 2” refers to the Open section of Council after coming out of Closed Council. For the October 2017 meeting there is an additional session due to the englobing of confidential reports in closed Council.
Total views
Text and image post views are counted when a visitor views them for 2 – 5 seconds. A video post is counted when a viewer plays and then stops a video.
Unique views
Views per browser opened of a given post. If someone opens multiple tabs in the same browser, that is 1 unique view.
Livestreaming Survey Results
A survey to understand individuals’ experiences of the livestreaming of Council Meetings service and whether they think the service should continue for future meetings, was available online on Council’s YourSay page for two weeks, from 16 to 30 November 2017 (inclusive). The survey was advertised through YourSay Newsletters, as well as through Facebook and Twitter posts. 34 responses were received.
Most respondents (56%) had watched a Council meeting online and of those individuals it was common for respondents to have watched meetings both in ‘real time’ and after the event and most of the respondents (42%) watched a meeting every few months. 32% of individuals watched the meeting every month. The majority of respondents (56%) indicated they would rather watch the livestream than attend a Council meeting in person. The most commonly stated reason for watching a Council meeting on line was to view the discussion and decision on a specific item of business. This is reflected in the average ‘view time’ of the meeting. The vast majority (94%) of respondents indicated they would like to see Ordinary Meetings of Council continue to be livestreamed. Those who did not want to see the livestreaming service continue supported their decision by saying they were not interested and don’t feel there is a need for the service as there is the opportunity to attend in person.
The community feedback was that there are multiple benefits of livestreaming council Meetings, the primary reason being it makes the meeting accessible for people unable to attend in person, it supports the transparency of Council business and it creates a record of each meeting. Other responses included deterring unprofessional behaviour.
A survey was also sent to Council staff over the same period and the results were very similar to those from the community.
There were 41 responses received from staff, with 31 of those respondents indicating they had watched a meeting on livestreaming. Almost half of those people had watched the meeting in ‘real time’ and 32.3% had watched the meeting both in ‘real time’ and after the event. The majority of respondents (42%) watched a council meeting ‘every few months’ and only 19.5% of people would rather watch a meeting by attending in person. The primary reasons staff liked to watch a meeting on livestreaming was to keep up-to-date with all Council business (38.5%); to view the discussion and decision on a specific item of business (72%) and to understand Councillors’ opinions (36%).
93% of staff surveyed said they would like livestreaming to continue with the two main benefits identified being that it makes the meeting accessible for people unable to attend in person and enhances the transparency of Council business.
Benefits of Livestreaming
Livestreaming provides another means for councils to increase the community’s accessibility to council meetings, particularly for people who find it difficult to physically attend due to the geographical location of the meeting or other commitments.
In 2016 the Victorian Ombudsman released a report titled “Investigation into the transparency of local government decision making”. Livestreaming/broadcasting of meetings was listed as one of the factors impacting the accessibility and transparency of decision making in open meetings. The Report identified that in Victoria 10 out of 79 councils indicated they livestream their ordinary council meetings on the internet.
Council’s livestreaming trial period identified a number of benefits of audio recording or audio-visually recording council meetings, as set out below:
· promoting transparency and accountability of decision-making, including building trust within the community
· allows people to watch a specific item of interest without having to attend a whole meeting
· acts as a record of each meeting and captures debate on particular issues and comments, actions and decisions made by councillors
· allows viewers to have visibility of who their elected members are, their personalities and their position on a range of issues, which can be particularly useful before elections
· capturing non-verbal communication by being able to view body language during a meeting, that cannot be gained from reviewing the written minutes
· encouraging wider community involvement in council meetings
· providing the public with access to decision-making by the council
· increasing the quality of debate and deterring unprofessional behaviour
· supporting local media to accurately report what happens in meetings
· assisting with the preparation of complete and accurate minutes and verifying minutes where specific issues of accuracy are raised
The main areas of improvement identified from the surveys and other feedback were:
· livecaptioning of the meeting
· improving the quality of the audio, particularly microphone use
· promotion of upcoming livestreaming
· ease of locating the livestream online
· accompanying the livestreaming with live blogs, or a twitter feed embedded on the same page to run through decisions as they are made, making it easier to follow the meeting and the debate
· enabling people to see what item is being discussed
Reasons why some councils do not maintain audio-visual records
As considered within this Report, technology and cost are significant factors in considering what action to take or not take, in addition to the potential for greater exposure to actions in defamation.
The Victorian Ombudsman has identified the following as some reasons why councils do not maintain audio-visual records:
· the costs associated were not worth the perceived benefits
· a lack of interest from the community
· poor acoustics in the council building
· it would be an impediment to robust debate as councillors may self-edit to prevent themselves looking foolish
· it could lead to grandstanding by councillors, which could detract from issues
· the risk of offensive remarks by councillors being recorded and causing the public to lose respect for councillors and the council
· legal risks to council posed by defamatory remarks by councillors or members of the public
Financial Implications
During the trial period, Council has utilised a professional external provider to livestream its meetings at a cost of $1,000 per meeting. There is the option to continue to utilise this, or a similar service.
If Council were to continue this type of arrangement, this would require an additional $8,000 for the 2017/18 financial year (trial period was for May 2017 to October 2017), and $12,000 for the 2018/19 financial year. It is proposed to fund this expenditure for the 2017/18 financial year from the Information Services Reserve, which had a closing balance at 30 June 2017 of $378,713 and currently has capacity. Funds required for the 2018/19 financial year will be factored into the collation of the 2018/19 Long Term Financial Plan.
The cost of the livestreaming would increase if Council were to meet more frequently than monthly.
Whilst this report considers the outcomes of the current livestreaming service, there are a number of livestreaming options available with significant variances in cost and quality and with differing issues in relation to licensing, copyright and security.
The cost range of these options for Council to undertake livestreaming ‘in house’ is from approximately $1,000 to approximately $45,000. Within that range, the level of expertise within the organisation and use of internal resources and associated cost and training would need to be considered. Ongoing maintenance costs and the up-dating and outdating of equipment would also need to be considered as an addition to the preliminary costs.
In its more simple form, livestreaming ‘in house’ could involve a webcam setup with a single wide-angle view and broadcasting to a YouTube channel. Alternatively, a more professional livestreaming set-up would involve a content delivery network with archiving, password protection and unlimited streaming in addition to a production switcher with pre-installed software and several cameras with Wide Pan / Tilt / Zoom (PTZ) mechanisms. The cost of Council investing in the equipment and having its own Content Delivery Network, including licensing, storage and expertise would not be an insignificant investment and resource commitment.
Recording audio only for podcasting or uploading to the Council’s website after the meeting are less costly options. However, the trial period was in relation to the current service (video and audio livestreaming, including ‘real time’ viewing) and the viewer statistics demonstrated that the majority of viewers watched the meeting ‘live’, and the desirability of being able to watch the meeting ‘live’ was reflected in the staff and community feedback.
An additional cost factor to consider is that all NSW Government websites need to deliver information online that meets Level AA WCAG. To meet this requirement, Council would need to have captions for live audio content of the meeting, which would involve Council or a livestreaming provider engaging a paid live captioning service. This would be at significant cost to Council. A possible alternative, although not meeting the Level AA standard, would be captioning after the meeting (not live) at significantly less cost.
Policy and Legislation
All persons attending a Council Meeting are required to act in a professional manner and in accordance with legislation, Council’s Code of Meeting Practice, Council’s Code of Conduct, relevant Policies and Office of Local Government (NSW) and Information Privacy Commissioner (IPC) Guidelines.
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
Section 273 of the Local Government (General) Regulation (2005) (NSW) states that it is prohibited for any person to record a Council or Committee meeting without the authority of the Council or Committee.
The webcast is subject to copyright under the Copyright Act 1968 (Cth) and cannot be reused or reproduced without the consent of Council. In relation to this, the possibility to ‘re-share’ information and to edit clips without authorisation and which misrepresents the original intent of the statements made, is a relevant consideration. If someone at a Council meeting reads material subject to copyright, without the consent of the copyright owner, the person may have violated the copyright owner’s exclusive right to reproduce the material.
The General Retention and disposal authority: local government records is approved under section 21(2)c of the State Records Act 1998 following prior approval by the Board of the State Records Authority of New South Wales in accordance with section 21(3) of the Act. The recording of the Council Meeting would be retained as required by that Authority.
Authority GA39 reference number 13.6.2 provides that records relating to the preparation of meetings and production of minutes include draft minutes, transcripts and audio-visual records must be retained until the minutes of the meeting have been confirmed and then they may be destroyed. Until this time the recording is classified as open access information under the Government Information (Public Access) Act 2009 (NSW).
Council must also comply with the Privacy (Personal Information) Protection Act 1998 (NSW), which imposes obligations upon Council in relation to the collection, use and disclosure of personal information.
Debate is a part of the decision-making process and livestreaming of Council debates is a republication by the Council of the statements of the participants at the meeting. If elected representatives make personal comments that harm another person’s reputation during debate they may risk action being taken against them for defamation.
In New South Wales, both the common law and the Defamation Act 2005 (‘the Act’) govern the law of defamation. Liability attaches to a ‘publication’, being a communication to another person of defamatory material and includes oral or written material. Publication of recordings of Council meetings may, therefore, subject the Council to the legal risk of a defamation action.
There is the potential for greater exposure to actions in defamation as what is said at Council meetings will be able to be more broadly and accurately disseminated. Therefore, if someone is defamed they are more likely to be made aware of the defamatory statements as the content of the meeting will have the potential to reach a greater audience and will be stored in archives and that evidence could then be used in proceedings. The number of recipients to which the matter has been published is directly relevant to the extent of compensation that may be payable for the defamation. Therefore, livestreaming the meeting could have an impact on potential defamation actions and the quantum of damages under the Defamation Act 2005 (NSW).
Livestreaming the audio content from the Council meeting, including podcasting and webcasting, will pick up all audio content, including content that may not be intended for public broadcast and which will form part of the public record through archived material. More broadly, there is thus also the potential for inappropriate comments or statements to be made during livestreaming of a Council Meeting.
An issue to consider will be whether Council may, at the direction of the General Manager, edit or remove a recording if there is a concern that defamatory or inappropriate comments have been made. However, how this is reviewed and assessed, including as part of a time delay, would need to be considered. If the meeting were pre-recorded and reviewed and signed off before it is made publically available, this would require additional resources and expertise and would not enable ‘real time’ viewing.
There is no absolute privilege in relation to Council proceedings of the kind which attaches to statements made in Parliamentary proceedings. However, the Councillor Handbook (Office of Local Government October 2016) offers the following guidance:
1.7.1 Limited legal protection
The Local Government Act 1993 provides councillors with a level of protection from civil liability action for undertaking council-related and council-endorsed activities as a councillor.
Protection from civil liability is only provided where a councillor’s actions are undertaken in the manner referred to in the relevant sections of the Local Government Act 1993, including in good faith and for purposes related to council activities.
Councillors must read and understand sections 731, 732 and 733 of the Local Government Act 1993, which provides protection. In the event that a councillor does not understand an issue, it is the obligation of that councillor to seek and be guided by their own legal advice.
In relation to defamation action, a council may be sued for defamation, although it cannot itself sue for defamation. Individual councillors and council employees may also be sued for defamation, whether in their private or public capacities.
Generally speaking, councillors at meetings of council (or council committees) are protected from defamation by the defence of ‘qualified privilege’, but only to enable them to speak freely and publicly in undertaking their duties in council meetings.
Any comment or statement a councillor makes at a council meeting must be relevant to the council business, made in good faith and without malice.
The Councillors and Officers Insurance Policy also provides coverage in relation to unintentional ‘defamation, libel and slander’.
A statutory defence of innocent dissemination may be available, depending on a number of factors. One of those factors is that Council would have to show the lack of knowledge was not due to any negligence on the part of the Council. Therefore, monitoring of content before it is broadcast by way of delay or pre-recording and vetting is a relevant consideration, as above.
Although public address applicants must apply to Council before presenting at the meeting, the Council has no control over the content of comments made by members of the public during that public address. Notwithstanding this, the Council may be liable for the defamatory content if it streams that content ‘live’.
The Surveillance Devices Act 2007 (NSW) requires that advice be provided
to members of the public attending meetings that a recording of the meeting
will be made. During the trial period attendees were advised their voice may be
recorded and their image transmitted. Members of the public gallery were also
made aware, by a notice at the entrance to the Council Meeting Room and an
announcement by the Chair that the meeting was to be recorded and published
online and that if they addressed the Council, their name, voice and possibly
their image would appear on that recording. This information is also included
on Council’s website.
Internal / External Consultation
To help understand people’s experience of using livestreaming a survey was sent to Council staff and also to the community through ‘YourSay’. There has been consultation with the Information Technology Division and with Marketing, Media and Communications. Externally, Council has consulted with a number of Councils currently using live streaming and also with its insurers, Statewide Mutual. A presentation was also provided by one of Council’s Legal Panel solicitors.
Report submitted to the Ordinary Meeting of Council on Monday 18 December 2017. RP-6
RP-6 CODE OF CONDUCT ANNUAL REPORT
Author: Ingrid Hensley
General Manager: Peter Thompson
Analysis: |
Council’s Code of Conduct Administrative procedures provide that Council is to report to the Office of Local Government (OLG) within three months of the end of September each year. |
That Council endorse the contents of this report. |
Report
In accordance with the Administrative Procedures an annual report is required to be provided to Council. Specifically, the following provisions apply:
PART 12: REPORTING ON COMPLAINTS STATISTICS
12.1 The complaints coordinator must arrange for the following statistics to be reported to the council within three months of the end of September of each year:
a) the total number of code of conduct complaints made about councillors and the general manager under the code of conduct in the year to September,
b) the number of code of conduct complaints referred to a conduct reviewer,
c) the number of code of conduct complaints finalised by a conduct reviewer at the preliminary assessment stage and the outcome of those complaints,
d) the number of code of conduct complaints investigated by a conduct reviewer,
e) the number of code of conduct complaints investigated by a conduct review committee,
f) without identifying particular matters, the outcome of code of conduct complaints investigated by a conduct reviewer or conduct review committee under these procedures,
g) the number of matters reviewed by the Office and, without identifying particular matters, the outcome of the reviews, and
h) The total cost of dealing with code of conduct complaints made about councillors and the general manager in the year to September, including staff costs.
In accordance with the above, the Model Code of Conduct Complaints Report is attached for information. The report reflects that 12 Code of Conduct complaints have been received during the reported time period.
It is recommended that Council note the contents of this report.
Financial Implications
To date, current staff resourcing costs dealing with code of conduct complaints for the 1 September 2016 to 31 August 2017 period have been estimated at $3,000.
Policy and Legislation
Code of Conduct and Code of Conduct Administrative Procedures.
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
1⇩. |
Code of Conduct - 2017 Complaint Statistics |
|
RP-7 Financial Performance Report as at 30 November 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 30 November 2017.
This report also includes Section 356 requests for financial assistance to be considered for approval. |
That Council: a approve the proposed 2017/18 budget variations for the month ended 30 November 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) Estella Progress Association $ 79.00 ii) Ben Lott Appeal $ 639.86 iii) Groove Factorie – Country Hope $ 420.00 d note details of the external investments as at 30 November 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 30 November 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 November that is mainly attributable to the continued strong returns of Councils investment portfolio including a strong return from the NSW TCorp Managed Fund as well as the higher than anticipated portfolio balance.
Key Performance Indicators
OPERATING INCOME
Total operating income is 42% of approved budget, which is tracking to budget for the end of November (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 76%.
OPERATING EXPENSES
Total operating expenditure is 41% of approved budget and is tracking to budget for the full financial year.
CAPITAL INCOME
Total capital income is 16% 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 33% of approved budget.
WAGGA WAGGA CITY COUNCIL |
|||||||
CONSOLIDATED STATEMENT |
|||||||
|
ORIGINAL |
BUDGET ADJ |
APPROVED BUDGET |
YTD ACTUAL EXCL COMMT'S 2017/18 |
COMMT'S 2017/18 |
YTD ACTUAL + COMMT'S |
YTD % OF BUD |
Revenue
|
|||||||
Rates & Annual Charges |
(63,090,002) |
0 |
(63,090,002) |
(27,114,372) |
0 |
(27,114,372) |
43% |
User Charges & Fees |
(25,947,798) |
(14,531) |
(25,962,329) |
(9,800,515) |
0 |
(9,800,515) |
38% |
Interest & Investment Revenue |
(3,154,163) |
0 |
(3,154,163) |
(1,697,782) |
0 |
(1,697,782) |
54% |
Other Revenues |
(2,984,954) |
(51,335) |
(3,036,289) |
(1,041,208) |
0 |
(1,041,208) |
34% |
Operating Grants & Contributions |
(13,910,429) |
3,394,386 |
(10,516,043) |
(4,807,213) |
0 |
(4,807,213) |
46% |
Capital Grants & Contributions |
(13,704,984) |
(22,602,418) |
(36,307,402) |
(5,334,025) |
0 |
(5,334,025) |
15% |
Total Revenue |
(122,792,330) |
(19,273,897) |
(142,066,228) |
(49,795,113) |
0 |
(49,795,113) |
35% |
|
|||||||
Expenses
|
|||||||
Employee Benefits & On-Costs |
42,458,491 |
175,003 |
42,633,494 |
16,900,498 |
25,263 |
16,925,761 |
40% |
Borrowing Costs |
3,591,092 |
0 |
3,591,092 |
841,827 |
0 |
841,827 |
23% |
Materials & Contracts |
29,833,841 |
3,836,896 |
33,670,738 |
12,070,948 |
2,220,256 |
14,291,205 |
42% |
Depreciation & Amortisation |
34,477,729 |
0 |
34,477,729 |
14,365,720 |
0 |
14,365,720 |
42% |
Other Expenses |
9,453,285 |
76,116 |
9,529,401 |
3,973,302 |
72,310 |
4,045,612 |
42% |
Total Expenses |
119,814,437 |
4,088,015 |
123,902,453 |
48,152,295 |
2,317,829 |
50,470,125 |
41% |
|
|
||||||
Net Operating (Profit)/Loss |
(2,977,893) |
(15,185,882) |
(18,163,775) |
(1,642,818) |
2,317,829 |
675,011 |
|
|
|||||||
Net Operating (Profit)/Loss before Capital Grants & Contributions |
10,727,091 |
7,416,536 |
18,143,627 |
3,691,206 |
2,317,829 |
6,009,036 |
|
|
|||||||
Cap/Reserve Movements |
|||||||
Capital Exp - Renewals |
25,035,121 |
26,852,461 |
51,887,583 |
4,817,332 |
16,011,768 |
20,829,100 |
40% |
Capital Exp - New Projects |
16,498,302 |
16,513,688 |
33,011,990 |
9,817,185 |
2,562,548 |
12,379,733 |
38% |
Capital Exp - Project Concepts |
11,800,337 |
6,067,816 |
17,868,153 |
45,239 |
57,521 |
102,760 |
1% |
Loan Repayments |
2,474,343 |
0 |
2,474,343 |
1,030,976 |
0 |
1,030,976 |
42% |
New Loan Borrowings |
(7,215,980) |
(3,903,710) |
(11,119,690) |
0 |
0 |
0 |
0% |
Sale of Assets |
(4,678,401) |
(1,371,761) |
(6,050,162) |
(403,491) |
0 |
(403,491) |
7% |
Net Movements Reserves |
(6,458,101) |
(28,972,612) |
(35,430,713) |
0 |
0 |
0 |
0% |
Total Cap/Res Movements |
37,455,621 |
15,185,882 |
52,641,503 |
15,307,242 |
18,631,836 |
33,939,078 |
64% |
|
|||||||
|
ORIGINAL |
BUDGET ADJ |
APPROVED BUDGET |
YTD ACTUAL EXCL COMMT'S 2017/18 |
COMMT'S 2017/18 |
YTD ACTUAL + COMMT'S |
YTD % OF BUD |
Net Result after Depreciation |
34,477,728 |
0 |
34,477,728 |
13,664,424 |
20,949,666 |
34,614,089 |
|
|
|||||||
Add back Depreciation Expense |
34,477,729 |
0 |
34,477,729 |
14,365,720 |
0 |
14,365,720 |
42% |
|
|||||||
Cash Budget (Surplus)/Deficit |
0 |
0 |
0 |
(701,297) |
20,949,666 |
20,248,369 |
|
Revised Budget Result - Surplus/(Deficit) |
$’000s |
Original 2017/18 Budget Result as adopted by Council Total Budget Variations approved to date Budget variations for November 2017 |
$0 $0 $0 |
Proposed revised budget result for 30 November 2017 |
$0 |
The proposed Budget Variations to 30 November 2017 are listed below:
Budget Variation |
Amount |
Funding Source |
Net Impact Fav/ (Unfav) |
2 – Safe and Healthy Community |
|||
Uranquinty Skate Park |
$20K |
Department Industry, Innovation & Science Grant ($20K) |
Nil |
Council has been successful with funding applications for the Uranquinty Skate Park from the Department of Industry Innovation & Science under Round 3 of the Stronger Communities Program. This will bring the total skate park budget to $70K, with additional in-kind works of approximately $17K from Parks and Recreation staff and approximately $10K from the Uranquinty Community. |
|||
5 – The Environment |
|||
Food and Garden Organics (FOGO) Tender |
$78K |
Solid Waste Reserve ($78K) |
Nil |
The Food and Garden Organics (FOGO) Processing Service retendering is required in accordance with a resolution of Council at its Ordinary Meeting on 25 September 2017. The required budget ensures appropriate documentation can be prepared for tender, and specialised advisors can assist in the tender process. It is proposed to fund the variation from the Solid Waste Reserve. |
|||
Harris Park Junior Fields Development |
$45K |
Family & Community Services NSW Grant Income ($45K) |
Nil |
Council has been successful in obtaining grant funding from Family & Community Services NSW under the Social Housing Community Fund to improve the liveability of social housing communities in Mount Austin. The grant funds will complement the existing $171K included in this year’s capital works program for the Harris Park Junior Fields Development. The project includes the development of two junior rugby league fields, boundary fence and wet weather shelter. |
|||
Hammond Avenue Sewer Pump Station Rising Main Rehab |
$199K |
Sewer Reserve ($199K) |
Nil |
The Hammond Avenue Sewer Pump Station 15 rising main renewal is currently included in the concepts list, originally estimated at $1.4M funded from the Sewer Reserve (2017/18 $401K, 2018/19 $1M). Due to recent failures and the condition of existing pipeline it has become a high priority to have this pipeline replaced this financial year. This will require a detailed design, construction and project management. It is proposed to bring forward the existing sewer projects for Hammond Avenue totalling $1.4M out of concepts and into the 2017/18 delivery program with an additional $199K required due to a revised project estimate. It is proposed for the additional $199K required bringing the total project to $1.6M, to be funded from the Sewer Reserve. |
|||
SURPLUS/(DEFICIT) |
Nil |
Current Restrictions
RESERVES SUMMARY |
|||||
30 NOVEMBER 2017 |
|||||
|
Approved Changes |
|
|
||
|
CLOSING BALANCE 2016/17 |
ADOPTED RESERVE TRANSFERS 2017/18 |
BUDGET VARIATIONS APPROVED UP TO COUNCIL MEETING 27.11.17 |
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 |
1,600,000 |
(17,890,189) |
Solid Waste Reserve |
(15,824,723) |
4,878,008 |
1,207,212 |
77,600 |
(9,661,903) |
Specific Purpose Unexpended Grants/Contributions |
(4,956,776) |
0 |
4,956,776 |
0 |
|
SRV Levee Reserve |
(1,167,316) |
0 |
1,167,316 |
0 |
|
Stormwater Levy Reserve |
(2,940,246) |
(587,206) |
451,268 |
(3,076,184) |
|
Total Externally Restricted |
(70,882,514) |
8,895,043 |
15,841,614 |
1,677,600 |
(44,468,257) |
|
|
||||
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) |
100,000 |
(254,446) |
|
Civic Theatre Operating Reserve |
0 |
(50,000) |
0 |
(50,000) |
|
Civic Theatre Technical Infra Reserve |
(105,450) |
(50,000) |
57,100 |
(98,350) |
|
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) |
850,468 |
|
(675,986) |
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 |
85,770 |
(939,577) |
|
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) |
13,640,706 |
0 |
(25,556,676) |
|
|
||||
Total Restricted |
(106,568,720) |
5,383,866 |
29,482,320 |
1,677,600 |
(70,024,934) |
|
|
|
|
|
|
Section 356 Financial Assistance Requests
Three Section 356 Donation requests have been received for consideration at the 18 December 2017 Ordinary Council meeting.
Details of the donation requests are noted below:
· Estella Progress Association $79.00
The Estella Progress Association has requested the waiver of the hire fees for Menneke Park to stage a Community Christmas on the 25 November 2017.
The Christmas Party provides an opportunity to bring the community members of Estella together.
· Ben Lott Appeal $639.86
Mr Jake Smith from Elders Gundagai in his attached letter has requested Council’s consideration to the donation of the respective Livestock Marketing Centre fees associated with a fund raising sheep & cattle sale held on the 25/09/2017 to raise funds for ongoing medical treatment for Mr Ben Lott of Gundagai.
· The Groove Factorie – Country Hope Fund Raising event $420.00
The Groove Factorie (a local Wagga band) is participating in a charity event with Country Hope to raise funds to contribute to the Wagga It Takes Two campaign.
The charity events include free community live music concerts at Apex Park on the 15 December 2017, 19 January 2018 and 23 February 2018, from 6pm to 7.30pm.
The aim of the initiative is to bring the community together, celebrate and raise funds for Country Hope.
Section 356 financial assistance available budget |
$6,945.64 |
Estella Progress Association |
($79.00) |
Ben Lott Appeal |
($639.86) |
Groove Factorie – Country Hope |
(420.00) |
Total Section 356 Financial Assistance Requests – 18 December 2017 Council Meeting
|
($1,138.86) |
Proposed balance of Section 356 financial assistance budget – available for requests received for the remainder of this financial year
|
$5,806.78
|
Investment Summary as at 30 November 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 |
Closing Balance |
November |
November |
Investment |
Maturity |
Term |
Short Term Deposits |
|
|
|
|
|
|
|
|
Police Credit Union |
NR |
1,000,000 |
1,000,000 |
2.87% |
0.82% |
6/12/2016 |
6/12/2017 |
12 |
Banana Coast CU |
NR |
1,000,000 |
1,000,000 |
2.80% |
0.82% |
2/06/2017 |
1/06/2018 |
12 |
AMP |
A |
2,000,000 |
2,000,000 |
2.80% |
1.64% |
2/06/2017 |
1/06/2018 |
12 |
CUA |
BBB |
1,000,000 |
1,000,000 |
2.80% |
0.82% |
9/02/2017 |
5/01/2018 |
11 |
AMP |
A |
2,000,000 |
2,000,000 |
2.60% |
1.64% |
2/08/2017 |
2/08/2018 |
12 |
CUA |
BBB |
1,000,000 |
1,000,000 |
2.75% |
0.82% |
3/03/2017 |
2/03/2018 |
12 |
Suncorp-Metway |
A+ |
2,000,000 |
2,000,000 |
2.60% |
1.64% |
7/06/2017 |
3/01/2018 |
7 |
NAB |
AA- |
2,000,000 |
2,000,000 |
2.60% |
1.64% |
8/09/2017 |
7/09/2018 |
12 |
Suncorp-Metway |
A+ |
2,000,000 |
0 |
0.00% |
0.00% |
9/06/2017 |
6/11/2017 |
5 |
ME Bank |
BBB |
2,000,000 |
2,000,000 |
2.60% |
1.64% |
22/08/2017 |
19/04/2018 |
8 |
AMP |
A |
1,000,000 |
1,000,000 |
2.80% |
0.82% |
8/09/2017 |
5/06/2018 |
9 |
NAB |
AA- |
2,000,000 |
2,000,000 |
2.62% |
1.64% |
28/09/2017 |
28/09/2018 |
12 |
Auswide |
BBB- |
2,000,000 |
2,000,000 |
2.67% |
1.64% |
5/10/2017 |
5/10/2018 |
12 |
Auswide |
BBB- |
1,000,000 |
1,000,000 |
2.67% |
0.82% |
16/10/2017 |
16/10/2018 |
12 |
Total Short Term Deposits |
|
22,000,000 |
20,000,000 |
2.68% |
16.43% |
|
|
|
At Call Accounts |
|
|
|
|
|
|
|
|
NAB |
AA- |
1,533,002 |
3,572,711 |
1.50% |
2.94% |
N/A |
N/A |
N/A |
NAB |
AA- |
15,577,967 |
17,103,457 |
2.19% |
14.05% |
N/A |
N/A |
N/A |
AMP |
A |
182,821 |
183,154 |
2.15% |
0.15% |
N/A |
N/A |
N/A |
Beyond Bank |
BBB+ |
148,850 |
148,997 |
1.00% |
0.12% |
N/A |
N/A |
N/A |
CBA |
AA- |
51,594 |
58,359 |
1.35% |
0.05% |
N/A |
N/A |
N/A |
Total At Call Accounts |
|
17,494,233 |
21,066,677 |
2.06% |
17.31% |
|
|
|
Medium Term Deposits |
|
|
|
|
|
|
|
|
RaboBank |
A+ |
1,000,000 |
1,000,000 |
3.16% |
0.82% |
5/06/2017 |
6/06/2022 |
60 |
ING Bank |
A |
3,000,000 |
3,000,000 |
2.75% |
2.46% |
24/08/2017 |
26/08/2019 |
24 |
ME Bank |
BBB |
2,000,000 |
2,000,000 |
4.28% |
1.64% |
2/09/2014 |
2/09/2019 |
60 |
Rabobank |
A+ |
1,000,000 |
1,000,000 |
4.10% |
0.82% |
5/12/2014 |
5/12/2019 |
60 |
Beyond Bank |
BBB+ |
990,000 |
990,000 |
3.70% |
0.81% |
4/03/2015 |
4/03/2018 |
36 |
Beyond Bank |
BBB+ |
990,000 |
990,000 |
3.70% |
0.81% |
11/03/2015 |
11/03/2018 |
36 |
BOQ |
BBB+ |
2,000,000 |
2,000,000 |
3.10% |
1.64% |
7/07/2017 |
7/07/2020 |
36 |
Newcastle Permanent |
BBB |
1,000,000 |
1,000,000 |
3.00% |
0.82% |
12/08/2016 |
12/08/2019 |
36 |
Rabobank |
A+ |
1,000,000 |
1,000,000 |
3.20% |
0.82% |
25/08/2016 |
25/08/2021 |
60 |
Newcastle Permanent |
BBB |
1,000,000 |
1,000,000 |
3.00% |
0.82% |
31/08/2016 |
30/08/2019 |
36 |
Police Credit Union |
NR |
1,000,000 |
1,000,000 |
2.90% |
0.82% |
8/09/2016 |
10/09/2018 |
24 |
Newcastle Permanent |
BBB |
2,000,000 |
2,000,000 |
3.00% |
1.64% |
10/02/2017 |
11/02/2019 |
24 |
Westpac |
AA- |
3,000,000 |
3,000,000 |
3.10% |
2.46% |
10/03/2017 |
10/03/2022 |
60 |
ING Bank |
A |
1,000,000 |
1,000,000 |
2.92% |
0.82% |
16/10/2017 |
16/10/2019 |
24 |
ING Bank |
A |
0 |
2,000,000 |
2.92% |
1.64% |
6/11/2017 |
6/11/2019 |
24 |
Total Medium Term Deposits |
|
20,980,000 |
22,980,000 |
3.21% |
18.88% |
|
|
|
Institution |
Rating |
Closing Balance |
Closing Balance |
November |
November |
Investment |
Maturity |
Term |
Floating Rate Notes - Senior Debt |
|
|
|
|
|
|
|
|
Bendigo-Adelaide |
BBB+ |
1,006,917 |
1,009,267 |
BBSW + 93 |
0.83% |
17/09/2014 |
17/09/2019 |
60 |
BOQ |
BBB+ |
2,021,800 |
2,023,800 |
BBSW + 110 |
1.66% |
5/08/2014 |
24/06/2019 |
58 |
BOQ |
BBB+ |
1,005,587 |
1,007,927 |
BBSW + 107 |
0.83% |
6/11/2014 |
6/11/2019 |
60 |
BOQ |
BBB+ |
1,005,587 |
1,007,927 |
BBSW + 107 |
0.83% |
10/11/2014 |
6/11/2019 |
60 |
ME Bank |
BBB |
1,005,777 |
0 |
0.00% |
0.00% |
17/11/2014 |
17/11/2017 |
36 |
ME Bank |
BBB |
1,005,777 |
0 |
0.00% |
0.00% |
17/11/2014 |
17/11/2017 |
36 |
Teachers Mutual |
BBB |
1,004,837 |
1,006,700 |
BBSW + 105 |
0.83% |
4/12/2014 |
4/12/2017 |
36 |
Newcastle Permanent |
BBB |
1,006,107 |
1,001,178 |
BBSW + 110 |
0.82% |
27/02/2015 |
27/02/2018 |
36 |
Macquarie Bank |
A |
2,012,400 |
2,016,000 |
BBSW + 110 |
1.66% |
3/03/2015 |
3/03/2020 |
60 |
Heritage Bank |
BBB+ |
1,001,078 |
1,003,787 |
BBSW + 115 |
0.82% |
7/05/2015 |
7/05/2018 |
36 |
Heritage Bank |
BBB+ |
1,001,078 |
1,003,787 |
BBSW + 115 |
0.82% |
9/06/2015 |
7/05/2018 |
35 |
CBA |
AA- |
1,010,627 |
1,012,407 |
BBSW + 90 |
0.83% |
17/07/2015 |
17/07/2020 |
60 |
Westpac |
AA- |
1,009,907 |
1,011,817 |
BBSW + 90 |
0.83% |
28/07/2015 |
28/07/2020 |
60 |
Bendigo-Adelaide |
BBB+ |
1,012,347 |
1,007,817 |
BBSW + 110 |
0.83% |
18/08/2015 |
18/08/2020 |
60 |
Bendigo-Adelaide |
BBB+ |
1,012,347 |
1,007,817 |
BBSW + 110 |
0.83% |
28/09/2015 |
18/08/2020 |
59 |
Westpac |
AA- |
2,019,814 |
2,023,634 |
BBSW + 90 |
1.66% |
30/09/2015 |
28/07/2020 |
58 |
Suncorp-Metway |
A+ |
1,017,086 |
1,019,286 |
BBSW + 125 |
0.84% |
20/10/2015 |
20/10/2020 |
60 |
Westpac |
AA- |
4,059,188 |
4,067,624 |
BBSW + 108 |
3.34% |
28/10/2015 |
28/10/2020 |
60 |
AMP |
A |
1,822,729 |
1,826,455 |
BBSW + 110 |
1.50% |
11/12/2015 |
11/06/2019 |
42 |
CBA |
AA- |
1,016,806 |
1,019,296 |
BBSW + 115 |
0.84% |
18/01/2016 |
18/01/2021 |
60 |
Rabobank |
A+ |
2,063,050 |
2,052,012 |
BBSW + 150 |
1.69% |
4/03/2016 |
4/03/2021 |
60 |
Newcastle Permanent |
BBB |
1,009,597 |
1,013,397 |
BBSW + 160 |
0.83% |
22/03/2016 |
22/03/2019 |
36 |
CUA |
BBB |
2,018,874 |
2,025,414 |
BBSW + 160 |
1.66% |
1/04/2016 |
1/04/2019 |
36 |
ANZ |
AA- |
1,019,506 |
1,021,716 |
BBSW + 118 |
0.84% |
7/04/2016 |
7/04/2021 |
60 |
Suncorp-Metway |
A+ |
1,022,386 |
1,024,866 |
BBSW + 138 |
0.84% |
21/04/2016 |
12/04/2021 |
60 |
AMP |
A |
1,025,136 |
1,019,876 |
BBSW + 135 |
0.84% |
24/05/2016 |
24/05/2021 |
60 |
Westpac |
AA- |
1,021,946 |
1,017,256 |
BBSW + 117 |
0.84% |
3/06/2016 |
3/06/2021 |
60 |
CBA |
AA- |
1,020,226 |
1,022,506 |
BBSW + 121 |
0.84% |
12/07/2016 |
12/07/2021 |
60 |
ANZ |
AA- |
2,044,672 |
2,035,352 |
BBSW + 113 |
1.67% |
16/08/2016 |
16/08/2021 |
60 |
BOQ |
BBB+ |
1,511,816 |
1,515,986 |
BBSW + 117 |
1.25% |
26/10/2016 |
26/10/2020 |
48 |
NAB |
AA- |
1,014,407 |
1,016,516 |
BBSW + 105 |
0.84% |
21/10/2016 |
21/10/2021 |
60 |
Teachers Mutual |
BBB |
1,501,842 |
1,505,591 |
BBSW + 140 |
1.24% |
28/10/2016 |
28/10/2019 |
36 |
Bendigo-Adelaide |
BBB+ |
1,011,347 |
1,007,037 |
BBSW + 110 |
0.83% |
21/11/2016 |
21/02/2020 |
39 |
Westpac |
AA- |
1,016,226 |
1,018,166 |
BBSW + 111 |
0.84% |
7/02/2017 |
7/02/2022 |
60 |
ANZ |
AA- |
1,016,486 |
1,011,757 |
BBSW + 100 |
0.83% |
7/03/2017 |
7/03/2022 |
60 |
CUA |
BBB |
752,925 |
754,875 |
BBSW + 130 |
0.62% |
20/03/2017 |
20/03/2020 |
36 |
Heritage Bank |
BBB+ |
600,413 |
601,500 |
BBSW + 130 |
0.49% |
4/05/2017 |
4/05/2020 |
36 |
Teachers Mutual |
BBB |
1,003,528 |
1,005,837 |
BBSW + 142 |
0.83% |
29/06/2017 |
29/06/2020 |
36 |
NAB |
AA- |
3,030,141 |
3,035,271 |
BBSW + 90 |
2.49% |
5/07/2017 |
5/07/2022 |
60 |
Suncorp-Metway |
A+ |
1,008,171 |
1,005,867 |
BBSW + 97 |
0.83% |
16/08/2017 |
16/08/2022 |
60 |
Westpac |
AA- |
2,000,200 |
2,009,254 |
BBSW + 81 |
1.65% |
30/10/2017 |
27/10/2022 |
60 |
ME Bank |
BBB |
0 |
1,503,597 |
BBSW + 125 |
1.24% |
9/11/2017 |
9/11/2020 |
36 |
NAB |
AA- |
0 |
2,004,656 |
BBSW + 80 |
1.65% |
10/11/2017 |
10/02/2023 |
63 |
Total Floating Rate Notes - Senior Debt |
|
54,770,690 |
56,304,830 |
|
46.26% |
|
|
|
Managed Funds |
|
|
|
|
|
|
|
|
NSW Tcorp |
NR |
1,347,006 |
1,369,496 |
1.67% |
1.13% |
17/03/2014 |
1/11/2022 |
103 |
Total Managed Funds |
|
1,347,006 |
1,369,496 |
1.67% |
1.13% |
|
|
|
TOTAL
CASH ASSETS, CASH |
|
116,591,928 |
121,721,002 |
3.00% |
100.00% |
|
|
|
LESS: RIVERINA REGIONAL LIBRARY (RRL) CASH AT BANK |
|
2,797,235 |
2,596,959 |
|
|
|
|
|
TOTAL
WWCC CASH ASSETS, CASH |
|
113,794,693 |
119,124,044 |
|
|
|
|
|
Council’s portfolio is dominated by Floating Rate Notes (FRN’s) at approximately 46% across a broad range of counterparties. Cash equates to 17% of Council’s portfolio with Term Deposits around 36% and growth funds around 1% of the portfolio.
Council’s investment portfolio is well diversified in complying assets across the entire credit spectrum. It is also well diversified from a rating perspective. Credit quality is diversified and is predominately invested amongst the investment grade ADIs (BBB- or higher), with a smaller allocation to unrated ADIs.
All investments are well within the defined Policy limits, as outlined in the Rating Allocation chart below:
Investment Portfolio Balance
Council’s investment portfolio balance has increased from the previous month’s balance, up from $113.8M to $119.1M. This is reflective of the second rates instalment for 2017/18 due date of 30 November 2017.
MONTHLY INVESTMENT MOVEMENTS
Redemptions/Sales – Council redeemed/sold the following investment security during November 2017:
Institution and Type |
Amount |
Investment Term |
Interest Rate |
Comments |
Suncorp-Metway Term Deposit |
$2M |
5 months |
2.55% |
This term deposit was redeemed due to poor reinvestment rates available with Suncorp-Metway. These funds were reinvested with ING Bank (see below). |
ME Bank Floating Rate Note |
$1M |
3 years |
BBSW + 100bps |
This floating rate note was sold prior to maturity and funds were reinvested in a new 3 year ME Bank FRN (see below). |
ME Bank Floating Rate Note |
$1M |
3 years |
BBSW + 100bps |
This floating rate note was redeemed on maturity and funds were reinvested in a new 3 year ME Bank FRN (see below). |
New Investments – Council purchased the following investment securities during November 2017:
Institution and Type |
Amount |
Investment Term |
Interest Rate |
Comments |
ING Bank Term Deposit |
$2M |
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 Council’s investment portfolio. |
ME Bank Floating Rate Note |
$1.5M |
3 years |
BBSW + 125bps |
Council’s independent Financial Advisor advised this Floating Rate Note represented fair value. |
NAB Floating Rate Note |
$2M |
5.25 years |
BBSW + 80bps |
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 November 2017.
MONTHLY PERFORMANCE
Interest/growth/capital gains for the month totaled $300,092, which compares favourably with the budget for the period of $235,087, outperforming budget for November by $65,005. This is mainly attributable to the continued strong returns of Councils investment portfolio including a strong return from the NSW TCorp Managed Fund as well as the higher than anticipated portfolio balance.
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 in line with the completion 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* (+1.75%pa), Council’s investment portfolio in total returned 3% for November. Short-term deposits returned 2.68%. 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.
1⇩. |
Section 356 Donation - Estella Progress Association |
|
2⇩. |
Section 356 Donation - Ben Lott Appeal |
|
3⇩. |
Section 356 Donation - Groove Factorie - Country Hope Fund Raising Events |
|
RP-8 POL 075 Investment Policy
Author: Carolyn Rodney
Director: Natalie Te Pohe
Analysis: |
Amendments to POL 075 Investment Policy are presented to Council for endorsement and placement on public exhibition. |
That Council: a endorse the draft POL 075 Investment Policy, that is to be placed on public exhibition from 19 December 2017 to 29 January 2018 and invite public submissions on the draft policy in this period b receive a further report following the public exhibition and submission period: i addressing any submissions made in respect of the proposed POL 075 Investment 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’s Investment Policy provides a framework for Council officers who have been delegated by the General Manager to invest Councils funds. The Policy ensures that adequate controls are in place to ensure Council’s investments are managed appropriately in order to maximise the return to Council in accordance with the risk appetite of Council.
The proposed amendments are minor in nature (additional definitions etc.) and would not normally require a separate Council resolution, however under Clause 1.9 of the Investment Policy’s Review Procedures, “Any amendment to the Investment Policy must be by Council resolution”.
To allow community feedback on the Policy, it is recommended that the Policy be placed on public exhibition between 19 December 2017 to 29 January 2018, and invite public submissions in this period.
Financial Implications
Council’s investment portfolio balance varies depending on the time of year. At times the balance can be in excess of $100 Million. The annual budget for investment income is currently $2.8M. The content of the Investment Policy determines what type of investment and term is allowable. The content contained within the Investment Policy directly correlates with the framework Council officers are able to work within in regards to investment decisions.
Policy and Legislation
· Section 625 of the Local Government Act 1993 is relevant.
· Council’s POL 075 Investment 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
The Investment Policy attempts to mitigate the potential loss of investment income or capital resulting from ongoing management of investments, especially during difficult economic times.
Council officers report monthly to Council on the monthly investment portfolio performance and position.
Internal / External Consultation
Council’s independent financial advisor, Imperium Markets (previously CPG) have reviewed the policy and have provided adjustments where necessary.
1⇩. |
Draft POL 075 Investment Policy |
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Author: Carly Hood
Director: Janice Summerhayes
Analysis: |
The Climate Council’s ‘Cities Power Partnership’ launched earlier this year. A total of 35 local Councils representing over 200 towns and cities and over 3 Million people signed up to participate in the first round. This report is to recommend that Wagga Wagga City Council participate in the upcoming round. |
That Council endorse becoming a partner in the Cities Power Partnership program. |
Report
The Climate Council’s ‘Cities Power Partnership’ (CPP) seeks to celebrate and accelerate the emission reduction and clean energy successes of Australian towns and cities to date. The CPP launched in early 2017, along with a brand new CPP website and a media campaign featuring the 35 councils who joined the first round of the partnership. This included:
Albury |
Eurobodalla |
North Sydney |
Alice Springs |
Freemantle |
Noosa |
Bankstown |
Huon Valley |
Newcastle |
Blacktown |
Hawkesbury |
Parkes |
Bega Valley |
Kalgoorlie |
Port Douglas |
Bundaberg |
Kiama |
Port Phillip |
Byron Bay |
Kuringai |
Penrith |
Canning |
Lismore |
Shoalhaven |
City of Swan |
Lane Cove |
Strathbogie |
Canberra |
Moreland |
Upper Hunter |
Darebin |
Muswellbrook |
Yass |
The Cities Power Partnership is a free national program, and Round 2 is currently open. Participants get exclusive access to domestic and international experts, the extensive online knowledge hub and Power Analytics tool, events with other local leaders and potentially exclusive access to small grants and renewable energy incentives as they become available. The partnership also has a team dedicated to getting the clean energy successes of councils and communities publicised in the media and online.
The CPP consists of three main phases:
Phase 1: Become a Power Partner
Councils sign up to be a Power Partner and each Power Partner is buddied with two other local councils to knowledge share throughout the year. Riverina Water County Council are applying to join in this round, and will likely be one of our partners.
Power partners are profiled in national and local media, online and to the Climate Council’s 200,000 members and supporters.
Phase 2: Power Up
Partners have six months to select five key actions from the partnership pledge ranging from renewable energy, efficiency, transport and advocacy. They must identify a point of contact within Council who will liaise with the Climate Council and work to implement their actions. Pledges are submitted by each partner and profiled online.
Power partners and their local success stories will continue to be profiled in the media. Climate Councillors will travel to a range of communities across Australia to engage in community events and talk to councils.
More detail on the key actions is outlined in the information attached to this report.
Phase 3: Power On
Partners report on progress against key actions in a six monthly survey. Partners access local and international knowledge and inspiration at the 2018 Power Partners Summit where Partners will be brought together to celebrate the high achieving towns and cities at the Power Partners Summit.
Financial Implications
There is no cost to join the program. Carrying out the five key actions will likely have some associated costs. In the first instance, staff will consider future actions that fit within the CCP and of which have funding allocations already budgeted. If there were to be any actions that fall outside funded items then those actions will be separately reported to Council for approval.
Policy and Legislation
N/A
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 specific issues identified.
Internal / External Consultation
N/A
1. |
Cities Power Partnership |
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RP-10 Submissions Received to the Exhibited Document Draft Wagga Wagga Crime Prevention Plan 2021
Author: Lisa Saffery
Director: Janice Summerhayes
Analysis: |
Council’s Crime Prevention Plan 2021 provides a comprehensive resource for Council and external stakeholders to use when understanding and seeking to address issues related to crime in Wagga Wagga. The Crime Prevention Plan has been on public exhibition and subject to Council’s endorsement of amendments, will be updated accordingly to reflect those amendments. |
That Council: a note all submissions received relating to the exhibited Wagga Wagga Crime Prevention Plan 2021 by closing date of 27 October 2017 b adopt the amended Wagga Wagga Crime Prevention Plan 2021 |
Report
The draft Wagga Wagga Crime Prevention Plan 2021 was placed on public exhibition for 28 days which closed on 27 October 2017. During the submission period, Council received two external submissions. There was also community and stakeholder feedback received at the Home Security Forums held on the 3 and 4 October 2017.
Taking account of the submissions received, the Wagga Wagga Crime Prevention Plan 2021 has been amended to reflect those submissions. The amended document also reflects the following minor changes made by staff:
· The wording City of Wagga Wagga has been changed to Wagga Wagga City Council throughout the document
· Minor grammatical improvements
· A minor amendment to the wording of the laneway strategy to laneway management plan, and adjusted the funding heading to unfunded under 1.2 in the action plan.
Attached to the report is the amended Wagga Wagga Crime Prevention Plan 2021 document taking account of the below submissions.
Detailed Summary Document
Wagga Wagga Crime Prevention Plan 2021
Who |
Feedback received against sections of document |
Response |
Outcome: Recommended changes for endorsement |
Relationships Australia
|
Pg 27 Funding Needs- Where to from here: |
Amended Responsibility and wording of gaps identified |
Amend second dot point after ‘These gaps include’ to:
Ongoing research to ensure that the development and implementation of men’s behavioural change programs are aligned with evidence and follow best practice guidelines |
|
1.10 Need to change Funding component and Responsibility to include Relationships Australia as they advised they run a funded program |
Amended responsibility to reflect Relationships Australia’s program and adjusted funding accordingly |
Amend Responsibility to include:
Relationships Australia and amend funding status to read:
Funded |
|
1.13 – Need to add Relationships Australia to Responsibilities tab and change funding status |
Amended Responsibilities tab to include Relationships Australia |
Amend Responsibilities to include:
Domestic Violence Liaison Committee and other Non-Government Organisations (NGO’s)
Partners:
Wagga Women’s Health
Wagga Wagga City Council
Relationships Australia
Amend funding tab to read:
Partly funded
|
Department of Justice- Victim’s Services |
1.9 – performance indicator needs to include NSW Code of
Practice for the Charter of Victim’s Rights. |
Amended performance indicator aligned with Victims Services |
Amend Performance Indicator to read:
Ensure that victims are supported when reporting crimes and also throughout the court process.
Ensure victims have access to information regarding support services available to them that are appropriate to their circumstances as per the NSW Code of Practice for the Charter of Victims Rights. |
|
1.12 Need to include Victims Services Aboriginal Contact Line. This feedback was received by NSW Department of Justice- Victims Services on 12 October 2017. |
Amended strategic action so it is aligned with Victims Services |
Amend Strategic Action to read:
Ensure culturally appropriate services, such as the Aboriginal Services Unit and Victims Services Aboriginal Contact Line- to aid Aboriginal victims and their experiences in the court process |
Home Security Forums on the 3 and 4 October 2017 that were put on by Wagga Wagga City Council, Argyle Housing, Police and Wagga Neighbourhood Watch |
Need to add additional action numbers to include Operation Never Again and Improved Lighting to areas that have high Break and Enter rates. |
Added additional action items 2.8 and 2.9 to ensure Operation Never Again and improved lighting is included in the plan |
Add item 2.8 to be as follows:
Type of crime prevention measure: Environmental and Routine Activity Crime Prevention Theory
Action: 2.8 Strategic Action: Operation Never Again
Performance Indicator: Research successful running of Operation Never Again in Orange Council in collaboration with their Police. Determine suitability for Wagga Wagga and look for grant funding that may enable its delivery
Year: Year 2
Responsibilities:
Wagga Wagga City Council Wagga Wagga Local Area Command (Police) Wagga Wagga Neighbourhood Watch Argyle Housing NSW Department of Family and Community Services- Housing Funding: Unfunded
Add item 2.9 to be as follows:
Type of crime prevention measure: Situational Crime Prevention Theory; Environmental and Routine Activity Crime Prevention Theory
Action: 2.9 Strategic Action: Apply for funding to look at ways to improve lighting to areas/neighbourhoods/suburbs with high Break and Enter rates
Performance Indicator: Apply for Safer Communities funding grant to improve lighting to ensure that they meet minimum standards of lumens/watts recommended for street lighting
Year: Year 1
Responsibilities:
Wagga Wagga City Council Wagga Wagga Local Area Command (Police) Wagga Wagga Neighbourhood Watch Argyle Housing NSW Department of Family and Community Services- Housing Funding: Unfunded
|
Financial Implications
Adoption of the final Crime Prevention Plan will require resources to implement actions identified in the action plan of both external stakeholders and where listed for Council. Council identified actions will either be funded within existing resource allocations or will be identified for consideration during the 2018/19 budget process. Where grant funding or alternative sources are identified, staff will actively support other stakeholders to seek those funds.
Policy and Legislation
Graffiti Control Act 2008 (NSW)
NSW Crimes Act 1900
Link to Strategic Plan
Safe and Healthy Community
Objective: We are safe
Outcome: We create safe spaces and places
Risk Management Issues for Council
Risk assessments and appropriate controls will be applied to each action as implemented.
Internal / External Consultation
In the drafting of the plan extensive consultation took place with State and Federal Government Agencies, including but not limited to Wagga Local Area Command, NSW Family and Community Services, and a number of not for profit agencies. Internal consultation was held across Council operational areas. Prior reports around community safety consultation were also accessed to inform this plan.
1⇩. |
Amended Wagga Wagga Crime Prevention Plan 2021 |
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Report submitted to the Ordinary Meeting of Council on Monday 18 December 2017. RP-10
Report submitted to the Ordinary Meeting of Council on Monday 18 December 2017. RP-10
Report submitted to the Ordinary Meeting of Council on Monday 18 December 2017. RP-10
Report submitted to the Ordinary Meeting of Council on Monday 18 December 2017. RP-11
RP-11 POL 053 Corporate Purchase Card Policy
Director: Natalie Te Pohe
Analysis: |
The POL 053 Corporate Purchase Card Policy is presented to Council for adoption following placement on public exhibition. |
That Council: a note that there were no submissions received during the exhibition period for POL 053 Corporate Purchase Card Policy b adopts the POL 053 Corporate Purchase Card Policy |
Report
Council, at its meeting on 23 October 2017, resolved:
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
The Policy was placed on public exhibition for a period of 28 days. The exhibition period concluded 2 December 2017 with no submissions being received. With the exception of a minor amendment proposed on page 11 of the Policy, it is recommended to Council that this Policy be adopted as exhibited.
Financial Implications
N/A
Policy and Legislation
Local Government (General) Regulation 2005
209 Particular responsibilities of the general manager
The general manager of a council must ensure that:
(a) the provisions of the Act, this Regulation and any other written law relating to councils’ financial obligations or the keeping of accounts by councils are complied with, and
(b) effective measures are taken to secure the effective, efficient and economical management of financial operations within each division of the council’s administration, and
(c) authorising and recording procedures are established to provide effective control over the council’s assets, liabilities, revenue and expenditure and secure the accuracy of the accounting records, including a proper division of accounting responsibilities among the council’s staff, and
(d) lines of authority and the responsibilities of members of the council’s staff for related tasks are clearly defined.
The draft Policy takes into account the following Council Policies and documents:
· Code of Conduct
· POL 025 Payment of Expenses and Provision of Facilities to Councillors
· POL 042 Condolences and Memorials for Staff and Councillors Policy
· POL 060 Delegations Policy
· POL100 Fraud and Corruption Policy
· POL 110 Procurement and Disposal Policy
· Procurement Manual
· FIN.DIR.001 Operating Standard on Expenditure for Conferences, Travel, Accommodation and Hospitality Relating to Official Council Business (currently in draft)
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 development of this Policy provides an additional control around the following potential risks to Council:
· Corruption leading to loss of reputational and / or financial loss to Council
· Appropriate procurement processes not undertaken leading to value for money issues and / or questions or probity
· Failure to demonstrate to the community that its funds are being expended in an efficient and effective manner
It should be noted however, that the processes outlined within the Policy, are consistent with those currently undertaken in accordance with the Procurement Manual.
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 officers have consulted with relevant Officers, Managers, the Corporate Review Committee, and the Executive Team in the review of this Policy.
Council’s Audit, Risk and Improvement Committee reviewed the draft Policy and at the 10 August 2017 meeting and provided feedback. Once incorporated, the Committee recommended for Council to formally adopt the Policy following the public exhibition and consideration of submissions.
1⇩. |
POL 053 Corporate Purchase Card Policy |
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RP-12 donations, grants or gifts from coal seam gas companies or associated organisations
Author: Scott Gray
General Manager: Peter Thompson
Analysis: |
The purpose of this report is to review a previous resolution of Council relating to the acceptance of donations, grants or gifts from Coal Seam Gas companies or associated organisations. |
That Council consider on a case by case basis the acceptance of donations or grants from organisations that may have a real or perceived association with Coal Seam Gas via resolution of Council. |
Report
It has come to the attention of staff that a previous resolution of Council may constrain the organisation from pursuing funding contributions from organisations who may have a real or perceived association with Coal Seam Gas exploration.
Council resolved the following at the March 2014 Council Meeting through a report presented by Councillor Funnell:
That Council:
a place a moratorium on coal seam gas (CSG) exploration on all lands under the care and/or control of Wagga Wagga City Council in the Wagga Wagga Local Government Area (LGA) and call for a full assessment by the State Government of the impacts of the activity of CSG on the sustainability of agricultural production and aquifers in the LGA
b place a moratorium on seismic testing to be conducted on any roads or lands under the care and/or control of Wagga Wagga City Council for the purposes of CSG exploration
c not accept any donations, grants or gifts from any CSG companies or associated organisations or their representatives
d write a letter of in-principle support to the Lock The Gate organisation and include in this letter the position of Council outlined in this resolution
e nominate the Mayor to officially present a copy of this resolution to our current State and Federal local members and forward this resolution to the relevant State and Federal Ministers
f place notification of this resolution on Council’s website
g present this resolution to our partner Councils at Riverina Eastern Regional Organisation of Councils (REROC) for their consideration
Staff have recently been approached by organisations such as Origin Energy who would like to contribute funding towards community facilities. The resolution from March 2014 needs to be refined to enable staff to proceed with these conversations, before presenting anything to Council.
Although past resolutions of Council such as the Wetlands project have supported partnership funding from the likes of Origin Energy, it is important to seek clarity from the currently elected Council regarding a position on the above.
Financial Implications
N/A
Policy and Legislation
POL 052 Budget 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
Risk will be assessed on the individual application or approaches received based on community benefit and impacts.
Internal / External Consultation
Consultation has taken place with Councillor Funnell regarding the intent of the previous resolution at the time.
Report submitted to the Ordinary Meeting of Council on Monday 18 December 2017. RP-13
RP-13 Responses to Questions/Business with Notice
Author: Scott Gray
General Manager: Peter Thompson
Analysis: |
The following is a Response to Questions/Business with Notice arising from the Ordinary Council Meetings held on 27 November 2017. |
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, 27 November 2017.
1. Councillor Braid requested costings of building toilet blocks in all parks where there are no existing facilities and also at the entrances to Wagga Wagga located on the Sturt Highway |
Response provided by the Commercial Operations Directorate
The information requested is not currently available. Staff require more time to collate this information and will provide a response early in the new year. |
2. Councillor Braid requested the costs to Council for Graffiti removal for the past and current financial year |
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Response provided by the Finance Directorate
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3. Councillor Hayes asked if Council has received a reply from AFL in regards to completing their obligations for the Council and GWS deal, namely the 10 staff for charity work provision? |
Response provided by the Finance Directorate
Council has received the attached letter from the AFL’s Regional Manager ACT/Southern NSW, outlining how they have met the commitments within the partnership agreement.
The outcomes delivered over the period exceeded the commitments and have provided great benefit to the community. Highlights include:
· one additional NEAFL match · free registration for Indigenous and Multicultural participants · a number of community visits and skill development programs · $105,000 contributed towards facility development. |
4. The Mayor and Councillors acknowledged and thanked Mr James Bolton, and Mr Robert Knight for their significant contribution to Council as General Manager over the past nine months and wished him well in their continuing roles within Council. |
Noted, no further response required. |
5. The Mayor, Councillor Conkey congratulated Lily Campbell on behalf of Council on winning a Bronze medal at world skills International Competition in Abu Dhabi. |
Noted, no further response required. |
6. The Mayor, Councillor Conkey acknowledged and thanked Mr Adrian Butler, as Director Commercial Development for his significant contribution to Council and wished him well in his new role as Acting General Manager at Federation Council. |
Noted, no further 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 have leaders that represent us
Risk Management Issues for Council
No specific issues identified.
Internal / External Consultation
N/A
1⇩. |
Correspondence from AFL Regional Manager |
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Report submitted to the Ordinary Meeting of Council