Agenda of Ordinary Meeting of Council - Monday, 13 February 2023

Reports submitted to the Ordinary Meeting of Council to be held on Monday 13 February 2023.

Ordinary Meeting of Council AGENDA AND BUSINESS PAPER

Monday 13 February 2023

ORDER OF BUSINESS:

CLAUSE PRECIS PAGE

ACKNOWLEDGEMENT OF COUNTRY 2

REFLECTION 2

APOLOGIES 2

Confirmation of Minutes

CM-1 ORDINARY COUNCIL MEETING - 30 JANUARY 2023 2

DECLARATIONS OF INTEREST 2

Reports from Staff

RP-1 Planning Proposal - LEP21/0003 - 20 Hely Avenue - Amendment to Land Zoning of the Wagga Wagga Local Environmental Plan 2010 and Amendment to Wagga Wagga Development Control Plan 2010 3

RP-2 INNOVATE RECONCILIATION ACTION PLAN 2022-2024 63

RP-3 LOCAL GOVERNMENT ELECTIONS - SEPTEMBER 2024 92

RP-4 2023/24 Airport Fees and Charges 102

RP-5 2023 AUSTRALIAN LOCAL GOVERNMENT WOMEN'S ASSOCIATION ANNUAL CONFERENCE 111

RP-6 QUESTIONS WITH NOTICE 113

Committee Minutes

M-1 FLOODPLAIN RISK MANAGEMENT ADVISORY COMMITTEE - 2 FEBRUARY 2023 115

Confidential Reports

CONF-1 RFT 2023-16 - PROVISION OF REAL ESTATE AGENCY SERVICES FOR RIFL / SAP SUBDIVISION - OUTCOME REPORT 122

CONF-2 REQUEST FOR PART ROAD CLOSURE AND DISPOSAL OF LAND AT REAR OF ERIN STREET PROPERTIES 123

CONF-3 LEASE OF 99 PETER STREET, WAGGA WAGGA - UPDATE REPORT 124

ACKNOWLEDGEMENT OF COUNTRY

Wagga Wagga City Council acknowledges the traditional custodians of the land, the Wiradjuri people, and pays respect to Elders past, present and future and extends our respect to all First Nations Peoples in Wagga Wagga.

We recognise and respect their cultural heritage, beliefs and continuing connection with the land and rivers. We also recognise the resilience, strength and pride of the Wiradjuri and First Nations communities

We also deeply acknowledge that the 13 February 2023 marks the 15th Anniversary of the National Apology delivered in 2008 by the then Prime Minister Kevin Rudd. The National Apology speech focused on apologising for past laws, policies and practices that have impacted on Australia’s First Nations Peoples, particularly members of the Stolen Generations, where Aboriginal children were forcibly removed, and families traumatised by those assimilation government policies.

RELECTION

Councillors, let us in silence reflect upon our responsibilities to the community which we represent, and to all future generations and faithfully, and impartially, carry out the functions, powers, authorities and discretions vested in us, to the best of our skill and judgement.

APOLOGIES

Confirmation of Minutes

CM-1 ORDINARY COUNCIL MEETING - 30 JANUARY 2023

Recommendation

That the Minutes of the proceedings of the Ordinary Council Meeting held on 30 January 2023 be confirmed as a true and accurate record.

Attachments

1 ⇩.

Minutes - Ordinary Council Meeting - 30 January 2023

125

DECLARATIONS OF INTEREST

Report submitted to the Ordinary Meeting of Council on Monday 13 February 2023

RP-1

Reports from Staff

RP-1 Planning Proposal - LEP21/0003 - 20 Hely Avenue - Amendment to Land Zoning of the Wagga Wagga Local Environmental Plan 2010 and Amendment to Wagga Wagga Development Control Plan 2010

Author: Crystal Atkinson

Executive: John Sidgwick

Summary:

At its Ordinary Meeting on 30 May 2022, Council resolved to support Planning Proposal LEP21/0003 and seek a Gateway Determination from the NSW Department of Planning and Environment.

The planning proposal sought to amend land zoning provisions for land located at 20 Hely Avenue, Wagga Wagga from SP2 Education to R1 Residential.

Council received Gateway Determination on 14 October 2022 authorising the planning proposal to proceed, subject to public exhibition.

The planning proposal and associated amendment to Wagga Wagga Development Control Plan 2010 was placed on public exhibition from 5 November 2022 to 16 December 2022 (inclusive).

The purpose of this report is to provide feedback on the public consultation and submissions received. The report also requests adoption and gazettal of the amendment to the Wagga Wagga Local Environmental Plan 2010.

Recommendation

That Council:

a note the results of the public exhibition for Planning Proposal LEP21/0003

b adopt planning proposal LEP21/0003 to amend the Wagga Wagga Local Environmental Plan 2010

c gazette the plan and notify landowners and NSW Department of planning and Environment of the decision

d adopt the amendments to the Wagga Wagga Development Control Plan 2010 with the recommended amendments identified in the report and provided notification of the adoption online

Application Details

Submitted planning proposal

Council is in receipt of planning proposal (LEP21/0003) to amend the land zoning from SP2 Education to R1 General Residential.

Applicant

Signature Care Holdings Pty Ltd

Landowners

Signature Care Holdings Pty Ltd

Directors:

§ Ramsay James Croft

§ Amal Maree Witnish

§ Stephen David Pollock

§ Graeme Ramsay Croft

Proposal

Council is in receipt of a planning proposal to amend the Wagga Wagga Local Environmental Plan 2010 (LEP) to amend the land zoning from SP2 Education to R1 General Residential (Attachment 1).

The purpose of the planning proposal is to facilitate residential development on a large, underutilised site within proximity to the city centre.

Changes proposed in the application would be achieved by amending the land zoning map rezone the subject areas shown in figure 1 to R1 General Residential.

Figure 1: Subject land

Gateway Determination

The NSW Department of Planning and Environment issued a Gateway Determination for the planning proposal on 14 October 2022. A copy of the Gateway Determination is provided as Attachment 3.

Development Control Plan

As a result of the outcomes sought by the planning proposal, a subsequent amendment is also proposed to the Wagga Wagga Development Control Plan 2010. Specifically, the DCP provides offset and species selection provisions to manage biodiversity retention and salinity mitigation and clear requirements for remediation.

The exhibited amendment is provided as Attachment 2.

Public Exhibition

The planning proposal and accompanying exhibition material were placed on public exhibition from 5 November 2022 to 16 December 2022 (inclusive).

During the exhibition period, no submissions were received.

Financial Implications

In accordance with Council’s 2021/22 Fees and Charges, a Complex LEP Amendment Fee of $46,000.00 applied at the time of the application being submitted. The proponent has paid these fees.

It is anticipated that the LEP amendment will result in development applications for residential development in the future. Council’s contribution plans and development servicing plans enable Council to levy contributions and developer charges based on the likely increased demands that the new development will have.

Policy and Legislation

Environmental Planning and Assessment Act 1979

Environmental Planning and Assessment Regulation 2000

Wagga Wagga Local Strategic Planning Statement – Wagga Wagga 2040

Wagga Wagga Local Environmental Plan 2010

Wagga Wagga Development Control Plan 2010

Link to Strategic Plan

The Environment

Objective: Future growth and development of Wagga Wagga is planned for in a sustainable manner

Ensure sustainable urban development

Risk Management Issues for Council

The planning proposal process requires consultation and engagement with affected landowners and the wider community to understand concerns. Further concerns can be raised at the development application stage and will be further considered at that time.

Mitigating salinity through offset provisions and retention of trees and deep-rooted plants will assist in managing salinity risks within the area. Whilst offset plantings, once established, will contribute to reducing ground water, establishing vegetation can take time and clearing within this area has risks of exacerbating salinity issues. Specific controls have been developed within the DCP provisions to ensure salinity is considered at DA stage.

Internal / External Consultation

During the exhibition period, no submissions were received.

The following engagement methods were used.

Mail

Traditional Media

Community Engagement

Digital

Rates notices insert

Direct mail

Letterbox drop

Council news

Media release

Media opportunity

TV/radio advertising

One-on-one meeting(s)

Community meeting(s)

Stakeholder workshop(s)

Drop-in session(s)

Survey/feedback form(s)

Connect.Wagga

Email newsletter

Social media

Website

Inform

Consult

Involve

Collaborate

Other methods (please list specific details below)

Attachments

1 ⇩.	LEP21/0003 - Addendum and Planning Proposal
2 ⇩.	Wagga Wagga Development Control Plan 2010 - Amendment
3 ⇩.	LEP21/0003 - Gateway Determination

Report submitted to the Ordinary Meeting of Council on Monday 13 February 2023

RP-2

RP-2 INNOVATE RECONCILIATION ACTION PLAN 2022-2024

Author: Madeleine Scully

Executive: Janice Summerhayes

Summary:

This report advises Council on the outcome of the public exhibition process for the draft Innovate Reconciliation Action Plan 2022 - 2024. The Innovate Reconciliation Action Plan 2022 - 2024 is presented to Council for endorsement, following public exhibition.

Recommendation

That Council:

a note that there were four public submissions received during the exhibition period for the draft Innovate Reconciliation Action Plan 2022 - 2024

b adopt the Innovate Reconciliation Action Plan 2022 - 2024

Report

At the 21 November 2022 Ordinary Council meeting it was resolved to place the draft Innovate Reconciliation Action Plan 2022 -2024 on public exhibition. During the public exhibition period from 22 November 2022 to 20 December 2022, four public submissions were received and are attached under separate cover for Councillors reference.

There was extensive consultation and engagement in the development of the draft Innovate Reconciliation Action Plan 2022-2024 which was invaluable for informing the priorities going forward.

1	Submission from Reconciliation Australia
	Please add the timeline of your RAP to the front cover. It should read ‘Month, Year – Month, Year’. Please also add Karen Mundine’s (CEO of Reconciliation Australia) photo.
	Recommended changes to Strategy in response
	Submission noted and amendments have been made to the draft RAP document.
2	Submission from Resident in Glenfield Park
	Concerns raised regarding social and economic conditions experienced by First Nations community members across Australia.
	Recommended changes to Strategy in response
	Concerns noted, no amendments made to the draft RAP document.

3	Submission from Resident in Borambola
	Request to preserve our region's Aboriginal cultural heritage and history along with concerns raised regarding solar farms in the Wagga Wagga Local Government Area.
	Recommended changes to Strategy in response
	Submission noted and recorded as relevant to planning approvals of solar farms, no amendment made to the draft RAP document.
4	Submission from Resident in Borambola
	Request to preserve our region’s environment and biodiversity and the importance of transparent community consultation processes to be undertaken along with concerns raised regarding solar farms in the Wagga Wagga Local Government Area.
	Recommended changes to Strategy in response
	Submission noted and recorded as relevant to community consultation processes and planning approvals of solar farms; no amendment made to the draft RAP document.

The draft Innovate RAP commitments allow Council to gain a deeper understanding of its sphere of influence and establish the best approach to advance reconciliation as an organisation.

An Innovate RAP focuses on developing and strengthening relationships with Wiradjuri/Wiradyuri and First Nations peoples, engaging staff, and stakeholders in reconciliation, and developing and piloting innovative strategies to empower Wiradjuri/Wiradyuri and First Nations peoples. There are four key areas for WWCC’s draft Innovate Reconciliation Action plan 2022 – 2024 as follows:

1. Relationships

2. Respect

3. Opportunities

4. Governance

It is recommended that Council adopt the Innovate Reconciliation Action Plan 2022-2024.

Financial Implications

The updated draft Innovate Reconciliation Action Plan 2022 – 2024 will inform the development of strategies and planning processes undertaken by Wagga Wagga City Council moving forward.

All items contained in the draft Innovate Reconciliation Action Plan 2022 – 2024 are either included in existing operational budgets and/or considered as part of the current draft 2023/24 Long Term Financial Plan. Any unfunded items listed will require external funding to support their implementation.

Policy and Legislation

Wagga Wagga Community Strategic Plan 2040 – Wagga View

Link to Strategic Plan

Community Place and Identity

Objective: Our community are proud of where we live and our identity

Support and acknowledge the importance of Wiradjuri and First Nations people, culture, and place in our community

Risk Management Issues for Council

Risk management will be addressed as part of implementation of each action and managed by the respective nominated area of Council.

Internal / External Consultation

In the review and update of the draft Innovate Reconciliation Action Plan 2022-2024 internal consultation was undertaken with relevant departments across Council and with Council’s executive team.

External consultation was undertaken through an on-line survey and targeted place engagement for example at suburban community centres through consultation sessions with community members. In addition to this, the draft RAP document was reviewed at various Wiradjuri/Wiradyuri and First Nations community meetings including Mawang Gaway and the Aboriginal Interagency Network.

While on public exhibition, staff contacted community members, including Elders and other First Nations stakeholder groups and interagency networks to ensure awareness of the public exhibition period encouraging any further feedback to be provided.

Mail

Traditional Media

Community Engagement

Digital

Rates notices insert

Direct mail

Letterbox drop

Council news

Media release

Media opportunity

TV/radio advertising

One-on-one meeting(s)

Community meeting(s)

Stakeholder workshop(s)

Drop-in session(s)

Survey/feedback form(s)

Connect.Wagga

Email newsletter

Social media

Website

Inform

Consult

Involve

Collaborate

Attachments

1 ⇩.

Innovate Reconcilation Action Plan 2022-2024

2 .

Reconcilation Action Plan 2022-2024 - Submissions Received Public Exhibition Period

This matter is considered to be confidential under Section 10A(2) of the Local Government Act 1993, as it deals with: personnel matters concerning particular individuals. - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Monday 13 February 2023. RP-3

RP-3 LOCAL GOVERNMENT ELECTIONS - SEPTEMBER 2024

Author: Ingrid Hensley

Executive: Scott Gray

Summary:

Council is required by the Local Government Act 1993 (the Act) to resolve the conduct of local government elections. The next local government election will occur in September 2024.

Under section 296AA of the Act, councils must make a decision on how their September 2024 ordinary elections are to be administered, by 13 March 2023.

Recommendation

That Wagga Wagga City Council (Council):

a pursuant to s. 296(2) and (3) of the Local Government Act 1993 (NSW) (“the Act”) that an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council

b pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council

c pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council

Report

Legislative changes in 2011 removed the requirement for the NSW Electoral Commission (NSWEC) to administer Local Government Elections. Therefore, Councils are able to choose the method of administration of council elections, polls and referenda.

Under Section 296AA of the Local Government Act 1993 (NSW) (the Act), each council must resolve either to enter into an election arrangement with the NSW Electoral Commissioner (NSWEC) to administer all the council’s elections, polls and constitutional referenda or that the council’s elections are to be administered by another electoral services provider engaged by the council.

Section 296 of the Act provides that council elections may be administered by the General Manager of the council concerned. The Act also provides that a council may, 18 months prior to an ordinary election, resolve to enter into a contract or make arrangements with the Electoral Commissioner to administer all elections for the council.

The contract previously entered into with the NSWEC to conduct the last ordinary Local Government Elections is terminated 18 months before the 2024 Local Government Election, or on reasonable notice by either the Council or the NSWEC (section 296(6) and (7) of the Act).

The next Ordinary Local Government Election is scheduled for September 2024. Therefore, if Council decides to engage the services of the NSWEC to administer this election, a resolution to this effect must be made no later than 13 March 2023.

If Council resolves to adopt an electoral services provider other than the NSWEC, the resolution must state whether the General Manager has identified an electoral services provider to be engaged for the next ordinary election and, if so, the name of that provider.

Councils may now also decide to if they wish to engage the NSWEC to conduct their individual elections (other than ordinary elections), referendums and polls at any time.

In order for the Council resolution that an election arrangement be entered into for the NSWEC to administer all elections, polls and referenda under section 296(3) to be effective, the NSWEC has provided recommended wording, which has been distributed by the Office of Local Government NSW (OLG) and which has been used in the recommendation above.

However, as Council has the ability to choose the method of administration of elections, polls and constitutional referendums, a number of options have been considered, as outlined below.

Option One – Election to be administered by the NSW Electoral Commission

This option involves Council outsourcing the administration of the entire election. This would mean the Electoral Commissioner, not the General Manager, would hold the responsibilities listed under Option 2. The recommendation is that Council engage the NSWEC to administer its elections, polls and referenda. That election arrangement would apply to the upcoming 2024 ordinary election and every election, poll and referendum including any by-election or countback election until the contract is automatically terminated 18 months before the following ordinary election of councillors.

Countback elections are an option for filling vacancies that occur in the 18 months following the September 2024 council elections using a countback of the votes case at the ordinary election, instead of holding a by-election.

If it is resolved that Council enter into an election arrangement with the NSWEC, the contract with the NSWEC must be finalised no later than 15 months before the next ordinary election, i.e. by 13 June 2023.

The NSWEC has extensive expertise and experience in conducting elections and has successfully conducted all previous Local Government elections and referendums for Council. Council have engaged the Electoral Commissioner to administer the previous election due to:

· The integrity of the Electoral Commission’s systems and processes, including its vote counting software;

· The experience of the Commissioner and their staff in conducting State and Council elections including the resolution of complaints and disputes;

· The “arm’s length” probity considerations of not having the General Manager or Council’s administrative staff directly involved in the administration of the election process; and

· Certainty of the availability of polling places, polling staff and election materials.

Option Two – Election to be administered by the General Manager

The OLG has release Guidelines under s 23A of the Act to assist Councils and General Managers to understand their level of responsibility and accountability if they choose to administer their own election.

Administration of an ordinary election is highly complex, requiring transparent and fair processes to comply with legislative and other requirements.

If Council administers the election, the General Manager would be responsible for a range of functions, including but not limited to the following:

· Conducing the election;

· Appointing the Returning Officer and substitute Returning Officer and managing that Office;

· Managing the relevant election costs, including determining fees payable to the Returning Officer, the substitute Returning Officer and electoral officials;

· Confirming the roll of non-resident owners of rateable land and the roll of occupiers and rate-paying lessees;

· Preparing a list of names of those on the residential roll, wo appeared to have not voted at the election, and forwarding that list to the Electoral Commissioner within 14 days (or longer if provided for in the Regulation) of the election;

· Appointing polling places;

· Preparing a Report for the Minister for Local Government on the conduct of each election;

· Appointing and training staff including polling place managers on how to conduct a count and how to determine formality of ballot papers;

· Developing procedures to be followed by electoral officials issuing pre-poll, declared institution, postal and election day votes;

· Preparing all necessary printed election materials;

· Obtaining all necessary election material for use in pre-poll and election day venues;

· Dealing with political parties, candidates and the public;

· Processing candidates’ nominations including acceptance of the deposit and conducting the draw for position of candidates on the ballot paper;

· Registering ‘how to vote’ material;

· Putting in place all necessary arrangements to enable pre-poll, declared institution, postal and election day voting including booking the appropriate venues;

· Ensuring delivery and collection of election materials to and from pre-poll and election day polling venues;

· Conducting the ‘check count’ of the votes and the distribution of preferences declaring the election;

· Arranging storage (and ultimate destruction) of ballot papers and voting-related materials and data for the statutory period of 18 months;

· Ensuring the security of ballot papers and voting-related materials and data (including with respect to potential cyber attacks); and

· Conducting a countback election, if required in the first 18 months following the ordinary election.

The option of Council administering its own elections, polls and referenda is not recommended as Council has no experience or capacity to administer elections. Further, the Electoral Commissioner is already required to undertake some tasks in relation to non-residential roll requirements.

Specific information must be included in the resolution for councils resolving to administer the elections themselves.

Option Three - Electoral Services provider

The option of having an electoral services provider, other than the NSWEC, administer elections, polls and referenda on Council’s behalf has been considered. This would require Council to undergo a competitive tendering process. Section 55 of the Act exempts councils from tendering when entering into a contract or arrangement for the NSWEC to administer the council’s elections, referendums and polls. This exemption does not apply to contracts or arrangements with any other service provider.

As the amount involved in conducting council elections can be significant it is important to ensure that any commercial organisation is providing value for money. It is also important to ensure that as public funds are being expended, principles of openness, transparency and accountability are not compromised.

There has typically only been one commercial electoral provider in the market, although there are other companies who provide electoral services for company boards of directors and the like. The cost implications are considered within this Report.

While the Act permits the use of such commercial electoral services providers, the General Manager still retains overall responsibility for the administration of the elections.

The OLG has provided advice (Circular 22-35) that in considering the use of any other electoral services provider it is important to clarify that they can deliver the elections for the council. Councils need to be satisfied that if the provider claims to be able to obtain all the electoral material, hire the necessary venues, arrange the printing of the ballot papers, conduct the count and that they can demonstrate their successful completion of these tasks in similar circumstances. A key consideration is the ability of another provider to administer the complex counts for council elections using the proportional system and also comply with the legislative requirements in relation to the formality, scrutiny and record keeping provisions as applicable to the count of the ballot papers.

Consideration was given to the matters in assessing the use of an electoral service provider:

(a) Production of the non-residential rolls requires extensive collaboration with NSWEC, especially during an election period. Working with a second external organisation during this period would require additional effort and resources from the Council as well as having the potential to confuse electors. The authorised rolls, candidates’ roles, online look-up facility for non-residential electors, list of general postal voters and enrolment declaration envelopes would still need to be obtained from the NSWEC. There would also be additional resources required by Council to fulfill its statutory obligations to provide certain information to the NSWEC to fulfill its statutory functions.

(b) Only a handful of councils have engaged non-NSWEC electoral services providers. The lack of information available on their performance, particularly following the legislative changes in relation to the still relatively new method of preference allocation does not allow for an informed comparison between them and the NSWEC.

(d) Some ‘core’ costs of running the election (for example, the Electoral Commission’s head office operating/capital costs such as staff payroll, training, IT system development and maintenance of the electoral roll) are met by the NSW Government.

(e) Difficulty in ensuring with a commercial provider that they will have appropriate numbers of pre-poll and polling places; adequate staffing levels and being able to undertake a count using counting software that allocates preferences using the weighted inclusive Gregory method.

(f) Certainty in securing the availability of a commercial provider to administer countback elections in the 18 months following the ordinary election, including the retention of all electoral material, information and data for the 18-month period and the safe storage and security of electoral material, information and data (including cyber security considerations) and access to material, information and data from the election.

(g) The NSWEC has an audit system in place for checking ballot papers and the source code of counting software, has demonstrated experience making full preference data available for publication and existing formal policies in place, including in relation to scrutineers.

(h) The NSWEC has extensive expertise and experience in conducting elections and has successfully conducted the Council’s past elections and is able to utilise that existing knowledge and information to deliver cost and productivity efficiencies.

Under section 296AA, where a council resolves that its elections are to be administered by an electoral services provider other than the NSWEC, the resolution must also state whether the General Manager has identified an electoral services provider to be engaged for the next ordinary election and, if so, the name of that provider.

Under section 296(3)(b), where a council enters into an election arrangement with the NSWEC, the arrangement must be entered into no later than 15 months before the ordinary council elections.

It is recommended Council adopt the recommendation to engage the NSWEC to conduct all elections, council polls and constitutional referenda.

Financial Implications

The election arrangement is a standardised contract for all councils. The service schedule and costs schedule of the standardised contract varies between councils. Council received the costs information from the NSWEC on 30 January 2023. A number of key variables are not known until the close of nominations, such as the number of candidates who form groups and the impact on ballot papers.

Pricing

The cost of the September 2016 Local Government Election was $350,891.20 (incl GST). The cost of the December 2021 was $454,016 (incl GST). The 2021 Election included a Constitutional Referendum, which increased the cost. There was also a COVID/deferral discount applied.

Cost estimates from the NSWEC for the administration of the 2024 local government election is attached. To provide an opportunity for cost savings, the NSWEC establish ‘regional’ returning offices. For each of the regional returning offices, a single returning officer manages the elections for a number of councils. If the NSWEC conducts the election, Council would share returning officer resources with Gundagai and Lockhart (previously Council only shared with Lockhart), which will reduce the cost to councils of conducting the election.

Notwithstanding the pricing provided, the exact costs of engaging the NSWEC will not be known until after the election as the NSWEC is required to invoice on a cost recovery basis.

In relation to those costs, the NSWEC noted that costs have risen since the December 2021 elections and are likely to continue to rise between the date of this estimate and the holding of the election. The NSWEC key cost increases include:

· Early voting centre rental costs have significantly increased since LGE21

· Logistics costs are increasing by 10% year-on-year

· The fuel levy for material deliveries and collections has increased by 24%

· The 3-year CPI increase is 13.12%

· Staff costs have risen by 2.83% pa

· Growth in the number of electors is 3.34% over 3 years

· Paper costs have risen (affecting ballot papers and printed rolls)

Election Reserve Fund and Budget

Council transfers $100,000 per annum into the Election Funding Reserve to cover the costs of Local Government elections.

There is currently $452,000 budgeted for the election in September 2024. Based on the pricing provided by the NSWEC, the GST exclusive amount required is $481,866, as well as allowing approximately $8,000 in other expenses, which is a total approximate budget of $490,000. There is capacity in the Council Election Reserve to fund the required increase of $38,000.

If Council resolves for the NSW Electoral Commissioner to conduct the 2024 ordinary election, future year expenditure estimates will be adjusted accordingly.

Independent Pricing and Regulatory Tribunal Review

The NSW Government engaged the Independent Pricing and Regulatory Tribunal (IPART) of NSW to review the costs of conducting local government elections. On 30 August 2019, IPART submitted its Final Report on local government election costs to the Minister for Local Government. The report was released by the NSW Government on 18 September 2019. The Final Report recommends a costing methodology to be applied in determining the amount the NSW Electoral Commissioner charges councils for local government election services.

Policy and Legislation

Local Government Act 1993 (NSW)

Section 55 of the Act exempts councils from tendering when entering into a contract or arrangement for the NSWEC to administer the council’s elections, constitutional referendums and council polls.

Critical dates to comply with the Act are:

Event	Date
Resolution of Council regarding who will administer the 2020 Local Government Election	No later than 13 March 2023
Arrangement with the NSWEC to administer all elections (proposed)	13 June 2023

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

If Council fails to make a decision on the administration of its elections, polls and referenda by 13 March 2023, it will not be able to engage the NSWEC to administer its ordinary election and it will be required to make its own arrangements for the administration of its elections.

A council that fails to make a decision on the administration of its elections by 13 March 2023 will also be required to publish a notice of that failure on the council’s website.

The OLG’s previous Circular to Councils (18-43) included a statement that a council should only resolve to administer its own elections if it is confident that it has the capacity to do so.

On 11 January 2022 the NSW Electoral Commissioner applied to the Supreme Court of New South Wales seeking a declaration about the validity of the 2021 NSW Local Government elections for councillors in Kempsey Shire Council, Singleton Council and Shellharbour City Council (Ward A). The proceedings concerned the impact of the ivote system. In recognition of the financial impact on the candidates, groups and parties who participated in the affected elections, the NSW Electoral Commission requested and received delegated authority under section 5.7 of the Government Sector Finance Act 2018 to offer act of grace payments.

There would be a significant strain on Council’s resources, including a burden on its operations, in the event Council were to administer the 2024 Ordinary Election, and likely increased costs, for the reasons outlined above.

The earlier amendments to the Regulation outlined above will make the counting of votes at council elections fairer and more accurate and transparent by removing the random sampling of preference allocation and replacing it with a fractional transfer system – all ballot papers of the elected candidate are used to distribute the surplus. A key consideration is whether the provider is able to administer the complex counts required under that new method of preference allocation (Gregory method of preference allocation) under the Local Government (General) Regulation 2021.

Under the current s296AA of the Act, councils must make a decision about the administration of its elections at least 18 months before the ordinary council election.

Election arrangements with the NSWEC can be terminated by Council, by written notice, but only after the council’s ordinary election. If Council does not enter into an election arrangement with the NSWEC it can nonetheless resolve to enter into an election arrangement to administer a particular by-election, poll or referendum following the ordinary election in 2024. Limitations do apply with respect to countback elections. In particular, if Council does not engage the NSWEC to administer its ordinary election it cannot engage the NSWEC to administer a countback election. Section 291A(b) of the Act, if the council’s ordinary election was administered by an electoral services provider other than the NSWEC, a countback election to fill a casual vacancy must be conducted by a returning officer appointed by that electoral services provider.

Internal / External Consultation

Office of Local Government NSW

NSW Electoral Commission

Attachments

1 ⇩.

NSWEC Cost Esimate 2024 NSW Local Government Ordinary Elections

Report submitted to the Ordinary Meeting of Council on Monday 13 February 2023

RP-4

RP-4 2023/24 Airport Fees and Charges

Author: Zachary Wilson

Executive: Carolyn Rodney

Summary:

The proposed Airport fees and charges for the 2023/24 financial year have been developed and are proposed to be placed on public exhibition.

Recommendation

That Council:

a note the poor financial position of the Airport Reserve

b place the draft 2023/24 Airport Fees and Charges on public exhibition for a period of 28 days from 14 February 2023 to 14 March 2023 and invite public submissions during this period

c receive a further report following the exhibition and submission period:

i addressing any submissions made in respect of the draft 2023/24 Airport Fees and Charges

ii proposing adoption of the 2023/24 Airport Fees and Charges unless there are any recommended amendments deemed to be substantial and requiring a further public exhibition period

iii proposing that the new Passenger Services Charges rates commence from 1 August 2023

d note that due to the Airport passenger charge base rate fee being frozen for the past five (5) financial years, each future financial year increase will be set at a minimum $2.00 GST exclusive amount, which will assist in the financial sustainability of the Wagga Wagga Airport into the future

Report

Council officers have undertaken a review of the proposed Airport fees and charges for the 2023/24 financial year. As a result of this review, Council officers are recommending a flat $2.00 per passenger (GST exclusive) increase in the passenger charges base rate and a general 5% increase (adjusted for rounding where applicable) to other fees.

The below table provides a history on the amount charged by Council for the passenger service charge. As can be seen from this table, the current $12.36 base rate has been in place for five (5) years, with the last increase on 1 July 2018 – with the fee being increased from $12.14 to $12.36 per passenger, GST exclusive.

Financial Year	Base Rate (GST Exc)	Threshold Rate (GST Exc)	% Increase
2014/15	$10.85	$5.425
2015/16	$11.04	$5.52	1.75%
2016/17 – to 28/02/17 – from 01/03/17	$11.04 $12.14	$5.52 $6.07	0.00% 9.96%
2017/18	$12.14	$6.07	0.00%
2018/19	$12.36	$6.18	1.81%
2019/20	$12.36	$6.18	0.00%
2020/21	$12.36	$6.18	0.00%
2021/22	$12.36	$6.18	0.00%
2022/23	$12.36	$6.18	0.00%
2023/24 Proposed	$14.36	$7.18	16.18%

In early 2019, Council proposed to increase the passenger service charges by 1.9% for the 2019/20 financial year. After discussions held with the Airport Advisory Committee it was determined that these fees would be placed on hold, with a further reassessment of fees to be undertaken in future financial years.

Passenger Fees

The below table provides a comparison of the passenger service charge from other regional airports for 2022/23.

Airport	Fee Description	Fee Amount (GST Exc)
Albury	Regular Public Transport (RPT) - via Terminal	$13.36
Coffs Harbour	No published rates for RPT passengers
Dubbo	Passenger Fee	$15.86
Griffith	RPT Fee	$11.73
Parkes	No published rates for RPT passengers
Port Macquarie	Passenger Landing Fee	$21.50
Tamworth	RPT Operating Fee	$16.77
Wagga Wagga	Passenger Service Charge – Base rate Passenger Service Charge – Threshold rate	$12.36 $6.18

Historic Passenger Numbers (PAX)

The below graph provides a historic representation of the annual passenger numbers for the Wagga Airport from 2006/07 to 2022/23 YTD as at 31 December 2022.

Airport Reserve

The passenger service charge represents the main revenue source for the Airport business. This revenue source has been severely impacted by the COVID-19 pandemic, with passenger numbers now starting to get back to pre-COVID levels. This impact, along with the freezing of the passenger service charge, has resulted in the Airport reserve being completely depleted, with a $0 balance as at 30 June 2022. As part of the adopted 2022/23 Long Term Financial Plan, it is expected that the Airport reserve will continue to have a $0 balance for the foreseeable future.

It is estimated that the proposed $2.00 (GST exclusive) increase in the passenger service charge for 2023/24 will net Council an additional $383K per annum – based on the current passenger trends. This additional revenue will enable the Airport business to reduce the deficits outlined for this business operation in the 2022/23 Long Term Financial Plan, with the potential to start repaying the balance outstanding to the internal loans reserve. For Councillors information, during the COVID-19 pandemic, the Airport was running at significant annual losses. The loan from General Fund to Airport is currently $1.6M.

Council officers recommendation is to increase the yearly passenger charge base rate fee by a minimum $2.00 GST exclusive each financial year. As noted in the resolution, this will improve the poor financial position of the Airport and assist in the ongoing viability and financial sustainability of the Airport into the future.

Notification

In order for airport users to be provided with adequate notice of the change in fees and charges for the 2023/24 financial year, a three (3) month notification period is required for Airlines to enact this change. It is anticipated that the final adoption report for these fees and charges will be presented to the 3 April 2023 Council meeting, responding to any public submissions received during the public exhibition period, with the new passenger service charges to commence from 1 August 2023.

Financial Implications

As a result of the COVID-19 pandemic, the financial position of the Wagga Airport has declined significantly over the past few financial years. This impact, along with the freezing of the passenger service charge from 2018/19 to 2022/23 inclusive, has resulted in the Airport reserve being reduced to a $0 balance as at 30 June 2022.

As mentioned earlier, during the 2020/21 and 2021/22 financial years, the Airport business did not generate an adequate surplus to transfer funds into the Airport reserve and as a result of this, Councils internal loans reserve has funded a total of $1.6M in deficits from this business activity. In order for the Airport business to return to surplus and to fund any future capital spend at the Airport, the proposed yearly minimum increase in fees and charges is required.

Policy and Legislation

POL 013 – Return on Investment Council Businesses Policy

POL 021 – Financial Reserves for Future Expenditures

POL 052 – Budget Policy

Link to Strategic Plan

Community leadership and collaboration

Objective: Wagga Wagga has strong community leadership and a shared vision for the future

Plan long term for the future of Wagga Wagga

Risk Management Issues for Council

Without adequate revenue to cover the costs of operating the Wagga Wagga Airport, the Airport will not be financially sustainable into the future and will not meet the expectations of the community.

Internal / External Consultation

Council staff have held discussions with representatives from Regional Express and Qantas, where the proposed fee increase was briefly discussed.

A Councillor workshop was also held on 6 February 2023 to discuss the proposed fees and charges for 2023/24.

If Council resolve to place the draft Airport Fees and Charges on public exhibition, the following methods of consultation will be utilised:

Mail

Traditional Media

Community Engagement

Digital

Rates notices insert

Direct mail

Letterbox drop

Council news

Media release

Media opportunity

TV/radio advertising

One-on-one meeting(s)

Community meeting(s)

Stakeholder workshop(s)

Drop-in session(s)

Survey/feedback form(s)

Connect.Wagga

Email newsletter

Social media

Website

Inform

Consult

Involve

Collaborate

Other methods (please list specific details below)

After the public exhibition period and Council’s consideration of any public submissions received, direct correspondence will be provided to the Airport users outlining Council’s decision.

Attachments

1 ⇩.

Draft 2023/24 Airport Fees and Charges