You are invited to attend the next Ordinary Meeting of Council:

 

Date:

Tuesday, 16 February 2021

Time:

6.30pm

Location:

Council Chambers and remotely via Audio Visual Link.

Open to the Public in person and via Webcast.

 

AGENDA

 

 

Ordinary Council Meeting

 

16 February 2021

 

 

 

Ben Taylor

Chief Executive Officer

 


Ordinary Council Meeting Agenda

16 February 2021

 

 


Ordinary Council Meeting Agenda

16 February 2021

 

Order Of Business

1          Opening. 5

2          Recording of the Meeting. 5

3          Webcast Notice. 5

4          National Anthem.. 5

5          Acknowledgement of Country. 5

6          Apologies and Leave of Absence Requests. 5

7          Declaration of Interest 5

8          Confirmation of Minutes. 5

9          Items to be Tabled. 5

10       Mayoral Minute. 6

10.1          Mayoral Minute. 6

11       Items by exception. 7

12       Sustainable and Balanced Growth. 8

12.1          Adoption of Model Local Environmental Plan Clause - Natural Disasters. 8

12.2          Submission on Draft Wilton Town Centre Precinct Rezoning. 11

12.3          Submission on the Stage 2 Outer Sydney Orbital 15

12.4          Rural Industry Community Advisory Committee - 2 December 2020 Meeting Minutes. 18

12.5          Heritage Community Advisory Committee - 9 December 2020 Meeting Minutes. 19

13       Management and Provision of Infrastructure. 21

13.1          Adoption of the Wollondilly Cemeteries Policy. 21

13.2          Adoption of Reduction, Waiver or Refunds of Council Fees and Charges Policy. 23

13.3          Adoption of Smoke Free Areas Policy. 25

13.4          Public Exhibition of Draft Works by User Groups, Committees & Volunteers on Council Properties Policy. 27

13.5          Water Play Feasibility Study. 28

14       Caring for the Environment 31

14.1          Minerals Energy Resources Environment and Waste Minutes - 2 December 2020. 31

15       Looking after the Community. 33

15.1          Tourism Community Advisory Committee & Economic Development Community Advisory Committee Meetings. 33

16       Efficient and Effective Council 36

16.1          Outcomes from Code of Conduct and Gifts and Benefits Policies Public Exhibition. 36

16.2          Investment of Funds as at 30 November 2020 and 31 December 2020. 37

17       Notice of Motion/Rescissions. 41

17.1          Notice of Motion - Grey Headed Flying Fox Camp in Stonequarry Creek Picton. 41

18       Closed Reports. 42

No reports this meeting

19       Questions for Next Meeting. 42

No reports this meeting

 


1            Opening

2            Recording of the Meeting

In accordance with Council’s Code of Meeting Practice the electronic recording of the Council Meeting and the use of electronic media during the proceedings is not permitted. This includes devices such as laptops, mobile phones, tape recorders and video cameras.

3            Webcast Notice

Members of the public are advised, in accordance with Section 18 of the Privacy and Personal Information Protection Act 1998 (PPIPA), that Wollondilly Shire Council records and webcasts live all Ordinary and Extraordinary Meetings of Council held in open session for the purpose of facilitating community access. The webcasts are publicly available for viewing on Council’s website.

Video footage collected is of the decision making body only, if you do not wish your image to be recorded please remain in the public gallery. Your image, voice, personal and health information may be recorded, publicly broadcast and archived if you speak during the meeting and/or don’t remain in the space provided.

The webcasts and webcast recordings are protected by copyright and owned by Council. No part of the proceedings of a meeting of the Council may be recorded, copied or made available to others by members of the public without the authority of the Council.

Council may be required to disclose recordings pursuant to the Government Information (Public Access) Act 2009, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.

4            National Anthem

5            Acknowledgement of Country

The Mayor will acknowledge the traditional Custodians of the Land.

6            Apologies and Leave of Absence Requests

7            Declaration of Interest

8            Confirmation of Minutes

Ordinary Council Meeting - 15 December 2020

9            Items to be Tabled

Disclosure of Interests Register 2020/2021


Ordinary Council Meeting Agenda

16 February 2021

 

10          Mayoral Minute

10.1       Mayoral Minute

File Number:           12275#162

 

Recommendation

That the Mayoral Minute be accepted.

 

 

The Mayor may put to a meeting (without notice) any matter the Council is allowed to deal with or which the Council officially knows about.

 

Attachments

Nil    


Ordinary Council Meeting Agenda

16 February 2021

 

11          Items by exception


Ordinary Council Meeting Agenda

16 February 2021

 

12          Sustainable and Balanced Growth

12.1       Adoption of Model Local Environmental Plan Clause - Natural Disasters

File Number:           12275#147

 

Executive Summary

The purpose of this report is to seek Council support the insertion of a Natural Disasters Clause into the Wollondilly Local Environmental Plan 2011 by way of an amending State Environmental Planning Policy (Amending SEPP).

The new clause has been developed by the NSW Department of Planning, Industry & Environment (DPIE) to support homeowners whose homes have been damaged or destroyed by natural disasters. The purpose of the clause is to allow consent authorities to grant development consent for the repair or replacement of a lawfully erected dwelling house that was damaged or destroyed by a natural disaster, despite any provision in the Local Environment Plan which would otherwise prevent the consent authority from doing so.

 

Recommendation

That Council:

1.       Supports the insertion of the Natural Disasters Clause into Wollondilly Local Environmental Plan 2011 to apply to land in the following zones

(a)     Zone RU1 Primary Production

(b)     Zone RU2 Rural Landscape

(c)     Zone RU4 Primary Production Small Lots

(d)     Zone R2 Low Density Residential,

(e)     Zone R3 Medium Density Residential,

(f)      Zone R5 Large Lot Residential

(g)     Zone B1 Neighbourhood Centre

(h)     Zone B4 Mixed Use

(i)      Zone B5 Business Development

(j)      Zone E3 Environmental Management

(k)     Zone E4 Environmental Living

2.       Write to the Department of Planning, Industry & Environment to agree to have the clause inserted into the Wollondilly Local Environmental Plan 2011 as part of the amending SEPP.

 

Report

The Natural Disasters Clause (the Clause) has been prepared by the NSW Government Department of Planning, Industry & Environment (the Department) in response to regulatory challenges faced by homeowners seeking to rebuild homes following natural disasters where planning controls in local environmental plans have changed over time.

The new Clause is intended to support better and quicker rebuilds of dwellings following natural disasters. It will do this by clarifying that despite any provision in the Local Environmental Plan (LEP), approval can be granted for the purposes of repairing or replacing a lawful dwelling damaged by a natural disaster such as a bushfire or storm event.

The use of this clause would only be required if, over time, changes to the LEP mean that development consent cannot be granted to reconstruct a new dwelling under the current planning controls.

The Clause intends to eliminate the need for applicants to navigate more complicated legal processes to rebuild such as:

·    Preparing formal requests to vary a development standard, or

·    Demonstrating the continuance of an existing use in circumstance where dwelling houses or secondary dwellings are no longer permitted with consent in the relevant zone.

Both of these processes can be difficult and complex requiring the assistance of professional legal advice or consultants.

It is important to note that the intent of this Clause will only ensure that the ‘principle’ of rebuilding a dwelling is not prevented by development standards within the LEP. A full merit based assessment of the development application in terms of environmental impact (i.e. evaluation under section 4.15 of the Environmental Planning and Assessment Act 1979) could still refuse an application where it is considered that the risk, or other environmental impact associated with the proposed development, is inappropriate.

Wollondilly 2020 Local Strategic Planning Statement

Wollondilly 2040, Council’s Local Strategic Planning Statement recognises the Shire’s vulnerability to natural hazards and values strengthening resilience to these events under Planning Priority 18 Living with climate impacts and contributing to the broader resilience of Greater Sydney.

In particular, inclusion of the proposed clause would be consistent with action 18.9: Review the LEP for opportunities to better manage natural disasters and manmade hazards.

Consultation

The Department publicly exhibited a proposed optional clause in August 2020.

If Council opts-in, the clause would be inserted into the Wollondilly Local Environmental Plan 2011 by the Department through an amending State Environmental Planning Policy (SEPP). No further consultation would be undertaken.

The timeframe provided to Council to ‘opt-in’ has not allowed for any community or stakeholder consultation. However, it is noted that the clause is non-restrictive in that it enables development rather than restricts development.

It is also noted that the clause has been introduced by the NSW Government to support communities to recover after natural disasters.

Relevance to Wollondilly

Areas within Wollondilly are particularly vulnerable to natural hazards. In particular, due to the extensive bush fire hazard interface and abundant waterways. Living with climate impacts also means that Wollondilly will continue to be affected by extreme weather patterns.

However, at present, the Clause is not considered to have significant applicability to Wollondilly on the basis that there are no known scenarios where the clause would apply. The issue of dwelling entitlement was not raised as a concern in Council’s submission to the recent Royal Commission in relation to Natural Disaster Arrangements.

Despite this, the inclusion of this clause may in the future support communities to recover after natural disasters.  The clause would establish a safeguard for unforeseen scenarios and may be more relevant in the future as Council implements the findings from the Stonequarry Creek, Picton Flood Study and the Shire wide flood study currently underway. In particular, the insertion of the Clause would have limited applicability and is not considered to adversely impact on the communities interests.

Changes proposed to Wollondilly Local Environmental Plan 2011

A Guidance for Implementation of the Clause is included at Attachment 1 and the proposed Clause at Attachment 2.

In adopting the Clause, it is suggested that it should apply to those land use zones that may currently include dwelling houses. These have been identified as

·    all rural land use zones (RU1, RU2 and RU4),

·    all residential land use zones (R2, R3, R5),

·    all business land use zones (B1, B2 and B4), and

·    relevant environmental protection land use zones (E3 andE4).

Financial Implications

Should Council resolve to support the inclusion of the Natural Disasters Clause, there will be no financial impact on Council’s adopted budget or forward estimates.

However, if Council wants to pursue a planning proposal at a later date to introduce this clause instead of adopting it now, the costs associated with progressing the planning proposal would need to be covered by a future operational budget.

Options moving forward

Council’s options are:

1.       Support the insertion of the Natural Disasters Clause into the Wollondilly Local Environmental Plan 2011 in the form provided at Attachment 2. With this option Council would only need to provide confirmation to the Department that it agrees to have the clause inserted into the LEP. No further action is required in terms of the preparation of a planning proposal or seeking a Gateway determination.

2.       Investigate the inclusion of the Natural Disasters Clause by way of an amending planning proposal. With this option, a planning proposal would need to be prepared and advice would be sought from the Wollondilly Local Planning Panel for Council’s consideration. With this option Council could consider the clause in its current form or another form and the amendment would be informed by a further community and stakeholder consultation by way of a public exhibition.  However, the Clause would not be inserted for at least 12 months and would have a cost implication to progress.

3.       Not support the insertion of the Natural Disasters Clause. With this option there is no further action to be taken other than to inform the Department of its decision.

Option 1 is the recommendation of this report.

Attachments

1.       DPIE Guidance for Implementation - Natural Disasters Clause  

2.       Opt In LEP Clause - Dwelling house or secondary dwelling affected by natural disaster    


Ordinary Council Meeting Agenda

16 February 2021

 

12.2       Submission on Draft Wilton Town Centre Precinct Rezoning

File Number:           12275#157

 

Executive Summary

Wilton Town Centre is identified by the Wollondilly Local Strategic Planning Statement, Wollondilly 2040, as a potential Future Strategic Centre for Wollondilly and will provide key education, health, recreation and community facilities whilst supporting local jobs growth and business opportunities.

On 6 November 2020, the NSW Department of Planning & Environment (DPIE) released the draft Wilton Town Centre Precinct Rezoning Package for public comment for a period of six weeks. This included proposed amendments to the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 and additional Development Control Plan chapters specific for the Town Centre and Employment Uses.

Council was granted an extension to provide a submission to the 15 January 2021. Council officers undertook a comprehensive review of the exhibition materials and provided a submission to DPIE on the 12 January 2021, attached to this report.

This report provides an overview of the approach taken to the submission and the consultation undertaken with the relevant technical officers.

Recommendation

That Council:

1.       Endorses the attached submission on the draft Wilton Town Centre Precinct rezoning package.

2.       Continues to advocate for the accelerated delivery of NSW Government infrastructure to create vibrant, healthy and sustainable communities in Wilton.

3.       Notes the collective effort to deliver the Wilton Growth Area Development Control Plan exhibited in 2019 and encourages the Minister and Department of Planning, Industry and Environment to support the finalisation of the draft Wilton Growth Area DCP.

4.       Notes that Council officers will continue to work collaboratively with the Department of Planning Industry & Environment post exhibition to refine the Wilton Town Centre Precinct as further planning occurs to ensure the best possible outcomes for the Wilton Growth Area.

 

Report

The Town Centre precinct of the Wilton Growth area sits at the junction of the Hume Highway and Picton Road, in the general vicinity of the existing skydiving centre. It will be the third precinct within the Growth Area to be rezoned under the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Growth Centres SEPP) following the rezoning of the South East Wilton and the North Wilton Precincts in 2018.

On 6 November 2020, the NSW Department of Planning & Environment (DPIE) released the Wilton Town Centre Precinct Rezoning Package for public comment. The public exhibition included the following documents:

·        Discussion Paper

·        Draft Precinct Structure Plan

·        Draft Growth Centre SEPP maps

·        Additional draft part to the draft Wilton Development Control Plan:

o   DCP – Draft Schedule 3

o   DCP – Draft Part 6 Employment

o   DCP – Draft Part 7 Wilton Town Centre

·        Numerous technical documents, which were previously exhibited.

A State VPA was not exhibited with the rezoning package. The submission includes a request for DPIE to commit to making the Wilton SIC and provide adequate opportunity for Council and the community to provide input into the state VPA prior to the rezoning being finalised.

Of note, an Infrastructure Phasing Plan brochure was published by DPIE in November 2020, the document does not form part of the exhibition but is timely in its alignment with the exhibition of the Wilton Town Centre Precinct.

Approach to submission

The Growth Team led and coordinated the submission. In doing so, the Growth Team ran five target workshops and sought comment from the following areas of Council:

·        Wilton Internal Working Group

·        Sustainable Growth

·        Development Contributions

·        Development Assessment

·        Infrastructure and Engineering

·        Tourism & Business Investment

·        Environmental Outcomes and Open Space.

Feedback and comments were then consolidated into a submission with detailed comments on the Development Control Plan included in the form of a spreadsheet focussing on solutions or desired outcomes.

The submission included key advocacy points as per Council’s previous resolution of October 2020 on the accelerated delivery of key infrastructure such as health facilities, education and transport upgrades.

Council staff recognises the efforts of DPIE and provides support for the following aspects:

·        The vision with Wilton as the key Strategic Centre providing opportunity for access to a wider variety of services for residents of the Shire.

·        The aims of the planning approach focused on achieving flexibility, infrastructure, high quality public spaces, and safe roads with end of trip facilities that support walking and cycling.

·        The changes that have been identified to the North Wilton Precinct Structure Plan required to facilitate alignment with the town centre and its final form.

·        The preservation of Maldon-Dombarton rail corridor for future planning.

·        The recognition of the need for stronger controls and design to safeguard water quality of Byrnes Creek. Although Council does recommended that DPIE incorporate this matter form one of the objectives in the SEPP for the town centre precinct.

·        The inclusion of health and wellbeing outcomes and the inclusion of the Wilton Health and Wellbeing Strategy.

Statutory Documents

The proposed rezoning will utilise the same approach as the North Wilton and South East Wilton precincts with three primary zones, Urban Development, Environmental Conservation and Special Infrastructure, supported by a Precinct Structure Plan. Some of the following areas have been noted as requiring further work and consideration:

·        Dwelling density distribution

·        Refinement of transport and infrastructure

·        Further consultation with the NSW Rural Fire Services

·        Biodiversity and the Cumberland Plain Conservation Plan

·        Key interface areas, including between the town centre core and environmental land

For further detail please see the complete submission in Attachment 1.

Draft Development Control Plan (DCP)

A comprehensive review of the controls were attached to the submission in the form of a spreadsheet, and include where practicable suggested solutions or desired outcome. At a high level the following areas require further work and consideration:

·        Greater clarity on the application of the DCP for employment land

·        Car parking controls need further refining to be more flexible

·        Water Sensitive Urban Design will need further discussion

·        Additional controls for Mixed Use developments will be required

·        Road cross section to be reviewed to ensure sufficient area for tree planting

·        Off road cycle links should be grade separate when there are safety issues, such as on the sub-arterial road

·        Reference is made to a civic administration building in Wilton however there is no intention for an administration building in the Wilton Town Centre, recognising Council’s commitment to the Administration Building remaining in Picton.

The full analysis is attached to the body of the submission found in Attachment 1.

Consultation

The Department of Planning, Industry & Environment placed the Draft Wilton Town Centre Precinct Rezoning package on public exhibition between 6 November 2020 and 17 December 2020.

Financial Implications

A report regarding the financial implication of servicing the Wilton Growth Area was including in the 16 December 2019 Extraordinary Council Meeting Agenda, item 11.4.

Council resolved, that Council:

1.       Notes that Council is in a strong financial position based on the NSW Office of Local Government financial indicators.

2.       Notes this report that the infrastructure funding for Wilton new town includes:

(a)     Council’s Section 7.11 Contributions Plan, currently in development and proposed to total $369 million which will cover all of Council’s identified local infrastructure through the contributions scheme within the current contributions cap

(b)     Special Infrastructure Contributions (SIC) for state and regional infrastructure, totalling $771 million under the draft SIC

(c)     planning agreements for local, state and regional infrastructure

(d)     direct works associated with development and user connections with utilities providers

(e)     capital works funded through Government budget processes.

3.       Works with the NSW Government on the Wilton Infrastructure Phasing Plan and continues to advocate strongly on behalf of the current and future Wollondilly community to ensure appropriate and timely infrastructure investment and delivery.

 

Attachments

1.       Draft Wilton Town Centre Precinct Rezoning Exhibition Submission - January 2021    


Ordinary Council Meeting Agenda

16 February 2021

 

12.3       Submission on the Stage 2 Outer Sydney Orbital

File Number:           12275#159

 

Executive Summary

The purpose of this report is to seek Council endorsement for the Outer Sydney Orbital Stage 2 (OSO2) corridor identification submission to Transport for NSW.

On 16 November 2020, Transport for NSW (TfNSW) released the OSO2 planning package on public exhibition, seeking feedback on the short listed road infrastructure corridor options between the Hume Motorway and Appin Road, east of Appin village. This report is in response to that public exhibition.

Council officers prepared a submission in response to the identified corridor options. The submission welcomes the state government’s commitment to investigating essential infrastructure required to connect and support the Wilton and Greater Macarthur Growth Areas in the long term.

This report provides an overview of the approach taken to the submission and the consultation taken across the relevant technical officers.

Recommendation

That Council:

1.       Endorses the attached submission on the Outer Sydney Orbital Stage 2 corridor identification process.

2.       Continues to advocate for accelerated delivery of NSW Government infrastructure to enhance Wollondilly Shire and Greater Macarthur Growth Area.

 

Report

Overview of the Outer Sydney Orbital Stage 2

Stage 2 of the Outer Sydney Orbital road infrastructure project seeks to link the Western City Parkland City and the Illawarra-Shoalhaven region. The road corridor proposes to better connect communities with jobs, services and amenities, to help businesses move freight more efficiently and support urban development across the Wilton and Greater Macarthur Growth Areas.

Feedback will be used to help Transport for NSW identify a recommended corridor for future transport use. The corridor investigation does not change or rezone land. 

The current exhibition relates to Sector 1 Greater Macarthur of the project including corridor options to identify a connection between the Hume Motorway through the Greater Macarthur Growth Area to Appin Road, east of Appin township. Further planning is required for connections to Picton Road and the Illawarra.

Environmental, social, and engineering considerations were assessed to develop the corridor options. Appin Road Connections; Yellow and Blue options were shortlisted as seen in the map in Figure 1.

Figure 1 Map of the shortlisted corridor options (TfNSW, 2020)

Submission Key Points

The submission offers in principle support for the planning of cost effective and efficient transport links in the Shire and the commitment to support the growth areas in Wollondilly.

However, it is noted that Council is open to consider alternative options if they align with Council’s planning principles.  The submission suggests that enhancement of the existing M31 and Picton Road corridor should be revisited, rather than the creation of another motorway through the Appin area.  Further discussions about this approach are recommended, combined with a commitment to earlier consideration of the Broughton Pass link between Wilton and Appin.  This would avoid the impacts of either the blue or yellow routes while providing a more cost-effective and earlier solution.  The community should be given an opportunity to consider the M31 option.

In the case of the two options exhibited the submission expresses a preference for the blue route for the following reasons:

o   Minimise impact on the existing Appin Village and business;

o   Support the community sentiment for the blue option;

o   Impact fewer land owners; and

o   Reduce impact on high koala activity areas.

The exhibited two options present a trade-off between the condition of the vegetation including the abundance of threatened species habitats as well as flora and fauna, versus a known koala population.   However, the blue route represents less impact on known koala habitat, while the yellow route represents less impact on known threatened species diversity overall.  Structures such as bridges, culverts and other mitigation strategies should also be considered in the final design of any road layout for the corridor.

The submission also notes that there are currently many transport projects across Wollondilly and that it is timely that the modelling for the road network be revisited to ensure adequate integration and timing is established for key transport corridors as development comes online.

Consultation

Transport for NSW undertook public consultation on the Outer Sydney Orbital Stage 2 corridor options between 16 November 2020 and 29 January 2021.

Internal consultation on this submission occurred with Council officers in the Growth Team, Contributions Team, Infrastructure Team and Environment Team with information provided by each section incorporated into the submission and a the draft circulated for comment and refinement.

 Financial Implications

This matter has no financial impact on Council’s adopted budget or forward estimates.

Attachments

1.       Wollondilly Shire Council - Outer Sydeny Orbital Stage 2 (OSO2) Submission    


Ordinary Council Meeting Agenda

16 February 2021

 

12.4       Rural Industry Community Advisory Committee - 2 December 2020 Meeting Minutes

File Number:           9648-2#138

 

Executive Summary

The Rural Industry Community Advisory Committee is a Committee established by Council consisting of members representing rural landowners. The Committee meets quarterly. The Committee’s purpose is to:

a)      Provide feedback on Planning Proposals and Development Applications which are likely to impact (positively or negatively) on agricultural production.

b)      Facilitate communication between industry and various levels of government. 

c)      Create and support opportunities and initiatives that will enhance agricultural production.

To ensure that the work of the Committee is brought to the attention of Council and the Wollondilly community, Committee minutes and recommendations will now be reported to Council.

The purpose of this report is to present the minutes and recommendation of the Rural Industry Community Advisory Committee meeting held on date 2 December 2020.

Recommendation

That Council receives and notes the minutes of the Rural Industry Community Advisory Committee meeting of 2 December 2020.

 

Report

At their meeting of 2 December 2020, the Rural Industry Community Advisory Committee members sought more advocacy from Council officers and Councillors for rural land holders, and discussed planning controls and the framework of the Agricultural Enterprise Credit Scheme (AECS).  The Committee also requested that the Mayor and Deputy Mayor be invited to the next Rural Industry Community Advisory Committee meeting to discuss agriculture in the Shire.

 

Other consultation

The Mayor and Deputy Mayor will be invited to the next Rural Industry Community Advisory Committee meeting to discuss agriculture in the Shire. Council officers will continue to liaise with Committee members in progressing outcomes from the consultation and studies undertaken in development of the Rural Land Use Strategy, and proposed amendments to Council’s LEP to support the rural economy.

Financial Implications

The costs associated with Council’s Advisory Committees are covered within Council’s operational budget.

Attachments

1.       Rural Industry Community Advisory Committee Meeting Minutes - 2 December 2020    


Ordinary Council Meeting Agenda

16 February 2021

 

12.5       Heritage Community Advisory Committee - 9 December 2020 Meeting Minutes

File Number:           11055#361

 

Executive Summary

The Heritage Community Advisory Committee is a Committee established by Council consisting of members representing heritage matters. The Committee meets quarterly. The Committee’s purpose is to:

a)      Provide feedback on heritage for consideration on planning matters.

b)      Facilitate communication between industry and various levels of government. 

c)      Create and support opportunities and initiatives that will increase heritage awareness.

To ensure that the work of the Committee is brought to the attention of Council and the Wollondilly community, Committee minutes and recommendations will now be reported to Council.

The purpose of this report is to present the minutes of the Heritage Community Advisory Committee meeting held on 9 December 2020. A quorum was not achieved for this meeting noting only four representatives were in attendance.  However a number of issues are presented for Council consideration.

Recommendation

That Council:

1.       Receives the Minutes of the Heritage Community Advisory Committee meeting of 9 December 2020.

2.       Notes that a quorum was not achieved for this meeting but a number of items were discussed.

3.       Acknowledges the resignations of Committee members Yolande Franklin and Sandra Reynolds and thanks them for their valuable contributions.

4.       Agrees not to seek replacements for the vacant Committee places at this time.

5.       Notes the information provided by the Yerranderie Management Committee and the Burragorang Heritage Society on the history of Yerranderie, and that this will be considered by Council officers in finalising the draft LEP strategies and implementing the LSPS actions.

 

Report

The Committee members received updates on the Wollondilly Community, Cultural & Civic Precinct and the Wollondilly Heritage Study for Appin, Menangle, Thirlmere and Warragamba. The Committee also discussed the Local Environment Plan Review and heritage considerations regarding the KUNGLA sign. Further discussions by a number of Committee members are planned regarding the KUNGLA sign.

The Committee also acknowledged the resignations of two Committee members, Yolande Franklin and Sandra Reynolds, and thanked them for their valuable contributions.  The Committee discussed the two vacancies and felt that it was unnecessary for Council to seek replacements at this time given there are only two Committee meetings before the Council election.

A presentation on Yerranderie was made on behalf of the Yerranderie Management Committee and the Burragorang Heritage Society.  A copy of the presentation notes is attached for the information of Council.  Council’s Sustainable Growth Department will consider these issues in finalising the draft LEP strategies and in the implementation of the LSPS Action items.

Financial Implications

The costs associated with Council’s Advisory Committees are covered within Council’s operational budget. The costs associated with implementing the recommendations can be absorbed within the current budget.

Attachments

1.       Heritage Community Advisory Committee Meeting Minutes - 9 December 2020  

2.       Yerranderie Management Committee and Burragorang Heritage Society Presentation - 9 December 2020     


Ordinary Council Meeting Agenda

16 February 2021

 

13          Management and Provision of Infrastructure

13.1       Adoption of the Wollondilly Cemeteries Policy

File Number:           12275#123

 

Executive Summary

The Wollondilly Cemeteries Policy was placed on public exhibition.  The attached policy is the final draft version and is recommended for adoption.

The Cemeteries Policy has been developed to assist in the administration, management and maintenance of cemeteries managed by Council within the Wollondilly Local Government area.  The Policy provides guidelines that ensure the objective functions of the cemeteries are provided in a safe, consistent manner and socially acceptable standards and practices are in place to assist workers, administrators, clients and the general public.

Recommendation

That Council adopt the Draft Wollondilly Cemeteries Policy.

 

Report

At its meeting on 20 October 2020, Council resolved:

Resolution 205/2020

1.       That Council endorse the public exhibition of the Cemeteries Policy for a period of 28 days with a further 14 days for submissions.

2.       That a report come to Council following the submission period for the Policy to be adopted.

3.       That Council write to all holders of internment certificates advising of this proposed policy and further we write to all funeral directors within the Shire.

The Draft Wollondilly Cemeteries Policy went on Public Exhibition from Wednesday, 4 November 2020 to Wednesday, 2 December 2020.  Council accepted submissions until 4.00pm on Wednesday, 16 December 2020.

Council notified the community of the public exhibition period via the following channels:

·        Letter to all holders of internment certificates, as per Item 3 of the above resolution

·        Letter to all funeral directors within the Shire, as per Item 3 of the above resolution

·        Council’s website

·        Dedicated project page on Council’s ‘Your Say Wollondilly’ engagement platform.

·        Social media posts

·        Newspaper advertising.

A total of nine written submissions were received from the public exhibition period.

Since reviewing community feedback, clause 6.12b) has been amended, which read “Natural floral tributes i.e not artificial flowers, are permissible to be placed around headstones, pedestals or plaques” to instead read “Fresh floral tributes are permissible to be placed around headstones, pedestals or plaques.”

Since reviewing internal feedback, Clause 3.9 was added “To enable Council to keep the cemetery maintained and for the safety and wellbeing of visitors and staff, all Cemeteries will be open to the public from sunrise until sunset daily” to confirm the expectation that cemeteries are not open during evening hours.

No other content has been changed.

 

Consultation

Community consultation occurred through public exhibition of the draft policy for a period of 28 days, followed by a further 14 days for submissions.

The draft policy has been reviewed with respect to relevant legislation and guidelines provided by Cemeteries & Crematoria NSW (NSW Department of Planning, Industry & Environment); Australasian Cemeteries & Crematoria Association; and Cemeteries & Crematoria Association of NSW.

Financial Implications

This matter has no financial impact on Council’s adopted budget or forward estimates.

Attachments

1.       Revised draft Wollondilly Cemeteries Policy  

2.       Submission Table    


Ordinary Council Meeting Agenda

16 February 2021

 

13.2       Adoption of Reduction, Waiver or Refunds of Council Fees and Charges Policy

File Number:           12275#135

 

Executive Summary

The Draft Reduction of Waiver of Council’s Fees and Charges Policy was placed on Public Exhibition.  The attached policy is the final version of the document for Council to adopt.

Section 610E of the Local Government Act 1993 allows Council to waive payment of, or reduce, a fee in a particular case if it is satisfied that the case falls within a category of hardship or any other category that Council has determined that fees may be waived or reduced.

The Reduction or Waiver of Council Fees and Charges Policy sets out to provide a framework for the consistent and equitable assessment of requests for the reduction or waiver of Council fees and charges for the use of Council facilities or other operational services provided by the Council.

Recommendation

That Council:

1.       Adopt the Draft Reduction, Waiver or refunds of Council Fees and Charges Policy.

2.       Revoke the Refund of Waste Charges Policy.

 

Report

At its meeting on 15 September 2020, Council resolved:

Resolution 184/2020

1.       That Council endorse the public exhibition of the Reduction or Waiver of Council Fees and Charges Policy for a period of 28 days with a further 14 days for submissions.

2.       That a report come to Council following the submission period for the policy to be adopted.

The Draft Reduction of Waiver of Council’s Fees and Charges Policy went on Public Exhibition from Monday, 28 September 2020 to Monday, 26 October 2020.  Council accepted submissions until 4.00pm on Monday, 9 November 2020.

Council notified the community of the public exhibition period via the following channels:

·        Council’s website

·        Dedicated project page on Council’s ‘Your Say Wollondilly’ engagement platform

·        Social media posts

·        Newspaper advertising.

No external submissions were received in this time. One internal submission was received realising the opportunity to consolidate the Refund of Waste Charges Policy (requiring that Policy to be revoked) and expanding this draft Reduction of Waiver of Council’s Fees and Charges Policy to include refunds. It was also determined that the Policy best fits under the responsibility of the Chief Financial Officer.

Minor grammatical changes have been made to the policy since the report was first presented to Council and placed on public exhibition.  No content has been changed.

Consultation

Community Consultation occurred through public exhibition of the draft policy for a period of 28 days, followed by a further 14 days for submissions.

Internal engagement took place while developing the draft policy, across Council’s Infrastructure & Environment and Planning directorates.  Internal consultation drew on community experience, review of internal processes and feedback received during the bushfire recovery period.

Financial Implications

A loss of income will be incurred as a result of implementing this policy and needs to be considered when determining any application.

Attachments

1.       Reduction, Waiver or Refund of Council Fees and Charges Policy  

2.       Revised Reduction or Waiver of Council Fees and Charges Application Form    


Ordinary Council Meeting Agenda

16 February 2021

 

13.3       Adoption of Smoke Free Areas Policy

File Number:           12275#137

 

Executive Summary

The Draft Smoke Free Areas Policy was placed on Pubic Exhibition.  The attached policy is the final draft version of the document recommended for adoption.

Under the NSW Local Government Act 1993, Councils have the power to legislate in their own jurisdictions to protect their local communities from the effects of second-hand smoke.  Wollondilly Shire currently has in excess of 33 playgrounds, 14 sportsgrounds, 15 community buildings, plus a number of clubhouses linked to sportsgrounds and tennis courts; and numerous verandahs and shelters that require inclusion under a smoke-free areas policy in order to limit the impacts of second‑hand smoke.

Recommendation

That Council adopt the Draft Smoke-Free Areas Policy.

 

Report

At its meeting on 20 October 2020, Council resolved:

Resolution 206/2020

1.       That Council endorse the public exhibition of the Smoke-Free Areas Policy for a period of 28 days with a further 14 days for submissions.

2.       That a report come to Council following the submission period for the Policy to be adopted.

3.       That Council write to all management committees and user groups within the shire advising them of this draft policy.

The Draft Smoke-Free Areas Policy went on public exhibition from Wednesday, 4 November 2020 to Wednesday, 2 December 2020.  Council accepted submissions until 4.00pm on Wednesday, 16 December 2020.

Council notified the community of the public exhibition period via the following channels:

·        Letter to all management committees and user groups, as per Item 3 of the above resolution

·        Council’s website

·        Dedicated project page on Council’s ‘Your Say Wollondilly’ engagement platform

·        Social media posts

·        Newspaper advertising.

A total of five written submissions were received from the public exhibition period, generally seen as comments mostly in support of the Policy.

No content has been changed.

Consultation

Community Consultation occurred through public exhibition of the draft policy for a period of 28 days, followed by a further 14 days for submissions.

The updated Policy has been reviewed in accordance with relevant legislation, namely the Smoke‑free Environment Act 2000 and the Local Government Act 1993.

Financial Implications

Subsequent implementation of the policy following adoption, will incur minor expenditures for consultation and the stage installation of signage.  These costs are within the scope of the adopted budget and capital budgets for projects currently impacting on the recreational areas.

Attachments

1.       Draft Smoke Free Areas Policy  

2.       Submissions Table    


Ordinary Council Meeting Agenda

16 February 2021

 

13.4       Public Exhibition of Draft Works by User Groups, Committees & Volunteers on Council Properties Policy

File Number:           12275#148

 

Executive Summary

The purpose of this report is to seek Council endorsement for public exhibition and finalisation of the Draft Works by User Groups, Committees & Volunteers on Council Properties Policy.

Recommendation

1.       That Council endorse the public exhibition of the Draft Works by User Groups, Committees & Volunteers on Council Properties Policy for a period of 28 days with a further 14 days for submissions.

2.       That a report come to Council following the submission period for the Policy to be adopted.

 

Report

Since undertaking the review process of Council’s Project Management – Works by User Groups, Committees & Volunteers on Council Properties Protocol, it has been identified that it is appropriate the protocol become a Council Policy as it has a direct impact on the community.

Volunteers bring special skills, experience and community perspective to Council and work to strengthen ties to our local communities, and provide invaluable support to staff.  This policy is introduced to give the opportunity for volunteers and staff to work together as a team to achieve goals towards improving service provisions for our communities.

It’s noted that Management Committees are not delegated by Council to approve works, and as such the Policy would apply regardless of management.

Consultation

Internal consultation has taken place within the relevant departments, i.e Infrastructure, Strategy & Planning.

Community consultation will take place through the public exhibition of the policy, should Council endorse the proposed recommendation.

Financial Implications

This matter has no financial impact on Council’s adopted budget or forward estimates.

Attachments

1.       DRAFT Works by User Groups, Committees & Volunteers on Council Properties Policy    


Ordinary Council Meeting Agenda

16 February 2021

 

13.5       Water Play Feasibility Study

File Number:           12275#160

 

Executive Summary

At its meeting on 16 June 2020, Council resolved to pursue a water park feasibility study under its 2020/21 Operational Plan.

A draft feasibility study has been prepared which has considered water park’s across Australia and potential options for Wollondilly. The purpose of this report is recommend seeking community feedback on the draft feasibility study before further considering the way forward, including the key principles considered in the assessment, key sites identified including opportunities and constraints and any other issue that should be considered in finalising the study.

Recommendation

1.       That Council invites community feedback on the water play feasibility study, specifically:

1.1.    Key principles considered in the assessment.

1.2.    Key sites identified including opportunities and constraints.

1.3.    Any other issue that should be considered in finalising the study.

2.       That a further report come back to Council recommending potential next steps from the project, including timings, potential funding sources and budget implications.

 

Report

Throughout the summer months, Wollondilly experiences regular prolonged periods of warm and hot weather days.  During these times, communities seek local spaces and activities to cool off whilst having fun.

For many, swimming pools, water parks and beaches (for those that live close enough) are often the first choice, however, for families with young children water play facilities are becoming an increasingly popular option.  Their safety, cost effectiveness and the increasing ease of access in a lot of areas makes water play an ideal way to manage warm weather days.

For people living in the Wollondilly Shire, beach access is varied with travel time anywhere between 25 minutes to one hour by car.  The Wollondilly Community Leisure Centre provides pool facilities to communities in the south of Wollondilly and the Warragamba Pool offers space in the northern part of the Shire.

While these facilities provide a much needed place to cool down, growing populations and increasingly warmer weather means that more of these types of spaces are needed, particularly for younger children and their families.

Council has identified a growing need to address the challenge of access to water for play and leisure that many residents currently experience.  This is exacerbated for those residents who live further to the west (more distant from the beaches) and those that are not within easy access to one of the established pools.

Key principles for developing water play in Wollondilly were agreed as follows:

·        Beyond allowing to cool off, water play should be interactive and educational

·        There should be equity of access to water within the LGA, also considering facilities that exist outside the LGA

·        Focuses on natural material and links with other nature play

·        Water play should be free of access as much as possible

·        Economic development opportunities should be considered

·        Ideally new facilities should be used all year round.

The study notes that water play facilities are likely to be popular and attract high visitation numbers, which will require a higher level of amenities, infrastructure and maintenance leading to high recurring resourcing and expenditure.

The study recommends the consideration of a network of small-scale water play facilities distributed throughout the Wollondilly Shire.  Noting new water play facilities are proposed to be delivered in the Wilton Growth Area, the key potential sites initially identified within existing areas includes:

·        A water play facility at Emmett Park in Tahmoor, with a combination of splash pad and interactive play.

Emmett Park includes a range of existing facilities and amenities which provides a good base for additional spaces such as water play.  The proximity to the town centre and station, off a main road, represents a good location with good visibility, able to be associated with a range of economic benefits.  Anti-social behaviour is a concern at Emmett Park with high vandalism experienced suggesting increased security measures will need to be factored into any design.

If additional funds were available, it could be desirable to increase the size of facilities to increase play opportunities.

·        A low scale water park facility at Barrallier Park at The Oaks, with a combination of splash pad and interactive play.

Barrallier Park is located on the main street within the shopping precinct and close to the public school at The Oaks.  The proximity to the town centre makes this site very accessible, visible and the installation of water play may be associated with a range of economic benefits.  While there is no existing play space in this location, the existing car park is a positive feature.  With existing car parking spaces and a central location, there is an opportunity to develop water play in this location, however, the absence of amenities will reflect a higher capital cost and the site is physically constrained limiting potential for increased scale.

If additional funds were available, it could be desirable to increase the size of facilities to increase play opportunities.

·        The addition of additional water play elements at both of the existing aquatic centres, with opportunities for the addition of new water play spaces within the Picton Leisure Centre and/or Warragamba Pool.

·        An option for further and possibly future consideration is Memorial Park at Thirlmere.  Memorial Park is in a popular central location within the town.  There is a range of existing facilities and amenities which provides a good base for additional spaces such as water play.  The location within the town centre, adjacent the train station, represents a good location with good visibility, able to be associated with a range of economic benefits.

The site is of a small size and perhaps better suited to smaller scale facilities (subject to more detailed site investigations) potentially with pumps and gates only as an additional element to the existing playground (approximately $200,000).  This set-up would likely reduce costs required to reconfigure uses.

While each of the following sites presents positive features, such as existing amenities or play spaces, there are no significant co-location or economic development benefits that would be triggered from the installation of water play in the following locations:

·        Picton – Redbank Reserve

·        Picton – Botanic Gardens

·        The Oaks – Harold Noakes Reserve (adjacent the Wollondilly Heritage Centre)

·        Bargo Showground or Bargo Community Park.

In relation to Wilton and Appin, and with significant population growth being planned in this area, a water play may be considered separately via contributions or Voluntary Planning Agreements.

Consultation

Other Councils with similar facilities and internal stakeholders were engaged in assisting to develop the draft report.

Community engagement will involve shire-wide consultation to obtain feedback about the consultant’s report and recommendations, including whether the proposed locations and type of facilities are supported by the community.

We will invite community members to complete an opt-in survey about the consultant’s report and promote this via channels such as:

·        Social media

·        e-Newsletter

·        Council’s website

·        Your Say Wollondilly engagement platform

·        Internal corporate announcements

·        Newspaper advertising

·        Direct email to stakeholders.

A detailed Community Engagement plan will be developed to guide the process.

Financial Implications

No funding is currently available for this project/item, however it is noted that water park projects could be ideal candidates or grant funding, once a suitable location and plan for delivery is identified.

It is noted the capital costs for each site would be minimum $400,000 and are currently not allocated under the Operation Plan.

It is noted that ongoing operation and maintenance costs are significant, up to $35,000 per site per annum for consumables plus labour resourcing up to $8,000/month (noting this may reduce in off‑season).

The inability to appropriately fund ongoing maintenance may influence the priority sites to focus on the existing aquatic centres, where existing resources could subsidise ongoing water quality testing.

Attachments

1.       Wollondilly Water Park Feasibility Study Report     


Ordinary Council Meeting Agenda

16 February 2021

 

14          Caring for the Environment

14.1       Minerals Energy Resources Environment and Waste Minutes - 2 December 2020

File Number:           12275#149

 

Executive Summary

To ensure that the work of the Minerals Energy Resources Environment & Waste Advisory Committee is brought to the attention of Council and the broader Wollondilly community, the Minutes of the Meeting and the recommendations made by the committee are reported to Council.

The purpose of this report is to present to Council the Minutes of the Advisory Committee Meeting held on 2 December 2020.

Recommendation

That Council:

1.       Note the Minutes for the Minerals Energy Resources Environment & Waste Advisory Committee meeting held on 2 December 2020.

2.       Acknowledges the resignation of Committee member Caroline Weller and thanks her for her valuable contribution.

3.       Note that vacant positions within the Committee will be filled through the formal Expression of Interest process upon the commencement of the new Council term in September 2021.

 

Report

The Minerals, Energy, Resources, Environment & Waste Advisory Committee is a liaison committee established by Council consisting of members of the community with an interest and experience in the three focus areas of:

·        Waste management

·        Environmental protection

·        Minerals and petroleum extraction stream (focus areas of specific relevance to minerals and petroleum extraction).

The Committee has been meeting for more than five years and meets every two months.  The Committee’s purpose is to:

·        Provide feedback on Planning Proposals, Development Applications, proposed or amendments to existing Council Policies and Strategies which are likely to impact (positively or negatively) on Council’s natural and built assets.

·        Facilitate communication between residents, Council and industry.

·        Create and support opportunities and initiatives that will enhance sustainable environmental and waste outcomes across various sectors.

The purpose of this report is to present the Minutes of the Minerals Energy Resources Environment and Waste Advisory Committee meeting held on 2 December 2020.

Consultation

Not applicable

 

Financial Implications

Not applicable

Attachments

1.       MEREW Minutes - December 2020     


Ordinary Council Meeting Agenda

16 February 2021

 

15          Looking after the Community

15.1       Tourism Community Advisory Committee & Economic Development Community Advisory Committee Meetings

File Number:           12275#153

 

Executive Summary

The Tourism Community Advisory Committee and the Economic Development Community Advisory Committee were established by Council and consist of members representing the tourism and business community / sectors.  The Committees meet quarterly or as needed.  The objectives of the committees include:

·        Assist and advise Council on activities relating to tourism, economic development, Destination Management Plan and Economic Development Strategy.

·        Consider strategic advocacy options for tourism and economic development.

·        Effectively communicate through partnerships and cooperation with the tourism, business, government and local communities.

·        Promote tourism and economic development initiatives and opportunities for the Wollondilly and raise awareness of the value of tourism and economic development.

The purpose of this report is to present the combined minutes and recommendations of the following Tourism Community Advisory Committee and Economic Development Community Advisory Committee Meetings:

·        Tourism Community Advisory Committee Meeting – 30 September 2020

·        Economic Development Community Advisory Committee Meeting – 22 October 2020

·        Combined Tourism & Economic Development Community Advisory Committee Meeting – 3 December 2020.

Recommendation

That Council note the minutes of the Tourism and Economic Development Community Advisory Committee Meetings held on the following dates:

·        Tourism Community Advisory Committee Meeting – 30 September 2020

·        Economic Development Community Advisory Committee Meeting – 22 October 2020

·        Combined Tourism & Economic Development Community Advisory Committee Meeting – 3 December 2020.

 

Report

The Tourism Community Advisory Committee and Economic Development Community Advisory Committee met on the following dates:

·        Tourism Community Advisory Committee Meeting – 30 September 2020

·        Economic Development Community Advisory Committee Meeting – 22 October 2020

·        Combined Tourism & Economic Development Community Advisory Committee Meeting – 3 December 2020.

The Tourism Community Advisory Committee and Economic Development Community Advisory Committee have made the following recommendations for Council to consider:

 

Committee & Meeting Date

Recommendation

Action

Budget Implication

TCAC – 30/09/2020

That the Committee be invited to consultation sessions relating to the Wollondilly Community Cultural and Civic Precinct (WCCCP)

Supported. The Tourism and ED committees are included in relevant WCCCP consultation sessions

No budget implication

 

That Council investigate opportunities for signage at Thirlmere Lakes.

Supported. Council to write to National Parks & Wildlife Service (NPWS) to advocate for better signage for Thirlmere lakes

No budget implication

 

Invite Transport Heritage NSW to brief the Committee on the Loop Line Product Feasibility Project.

Supported. Transport Heritage NSW invited to present the Loop Line Product Feasibility Project to the joint Tourism & ED Committee Meeting on 03/12/2020

No budget implication

 

That Council consider signage to promote / acknowledge the Appin Mine Disaster Memorial location

Under investigation. T&BI to investigate current signage and opportunities for improved signage to promote / acknowledge the Appin Mine Disaster Memorial location.

In progress. No budget implications at this stage.

EDCAC – 22/10/2020

That Council follow up on the previous Railway Symposium (Trax to the Future) and other related transport initiatives for Wollondilly.

T&BI provided update on the Trax to the Future Symposium to the committee. T&BI to report back to the committee on current transport related initiatives.

In progress. No budget implications at this stage.

 

Request consideration for a railway electrification feasibility study for Wollondilly.

Under investigation. T&BI to report to the committee on current status of any railway electrification initiatives

In progress. No budget implications at this stage.

 

That an update be provided to the Committee on the Cumberland Plain Conservation Plan.

Supported. Update on the Cumberland Plain Conservation Plan provided to the committee on 03/12/2020.

No budget implications

TCAC & EDCAC – 03/12/2020

That the Committees be invited to consultation sessions relating to the Picton Place Plan.

Supported. The Tourism and ED committees are included in relevant Picton Place Plan consultation sessions

No budget implications

 

That Council investigate opportunities for web back-linking with relevant local Wollondilly business websites to increase awareness and traffic to VisitWollondilly.com.au.

Supported. T&BI having ongoing discussions with businesses to provide back-links of relevant websites. New businesses to be promoted in Business Wollondilly eDMs in 2021

No budget implications

 

That Council make contact with relevant motorcycle clubs to highlight Wollondilly as a ride destination.

Under investigation. T&BI currently developing list of relevant motorcycle and car clubs to highlight Wollondilly as a ride / drive destination.

No budget implications

 

Attachments

1.       Minutes - Tourism Community Advisory Committee Meeting 30-09-2020  

2.       Minutes - Economic Development Community Advisory Committee Meeting 22-10-2020  

3.       Minutes - Combined EDCAC and TCAC Meeting 03-12-2020     


Ordinary Council Meeting Agenda

16 February 2021

 

16          Efficient and Effective Council

16.1       Outcomes from Code of Conduct and Gifts and Benefits Policies Public Exhibition

File Number:           12275#154

 

Executive Summary

Council at its 20 October 2020 Meeting endorsed the Code of Conduct, Procedures for the Administration of the Code of Conduct and the Gifts and Benefits Policy for public exhibition.  The public exhibition period ended on 30 November 2020.  This report outlines the feedback received and recommends adoption.

Recommendation

That Council:

1.       Note the suggestions and recommendations from the ICAC in relation to the exhibition of the Code of Conduct 2020 and Gifts and Benefits Policy 2020.

2.       Adopt Code of Conduct and Gifts and Benefits Policy 2020.

3.       Adopt the Procedures for the Administration of the Code of Conduct 2020.

 

Report

Council at its 20 October 2020 Meeting endorsed the Code of Conduct, Procedures for the Administration of the Code of Conduct and the Gifts and Benefits Policy for public exhibition.

The draft Code of Conduct, Administration for the Procedures of the Code of Conduct and the Gifts and Benefits Policy were publicly exhibited for community feedback.  The Head of Integrity also invited the Independent Commission Against Corruption (ICAC), Office of Local Government (OLG) and the NSW Ombudsman to review and provide feedback on each document.

No submissions were received from the community, however, the ICAC provided a number of recommendations for the Code of Conduct and the Gifts and Benefits Policy, some of which have been incorporated into these documents for review and adoption by Council.

Please see the attached submissions table which outlines the suggestions for each document and category and subsequent responses from the Head of Integrity.  Amended documents are attached.

Consultation

There was community consultation as part of the public exhibition of these documents.

Financial Implications

This matter has no financial impact on Council’s adopted budget or forward estimates.

Attachments

1.       DRAFT Gifts and Benefits Policy 2020  

2.       DRAFT Code of Conduct 2020  

3.       DRAFT Procedures for the Administration of the Wollondilly Shire Council Code of Conduct 2020  

4.       Submission Table- Wollondilly Code of Conduct - Gifts and Benefits Policies    


Ordinary Council Meeting Agenda

16 February 2021

 

16.2       Investment of Funds as at 30 November 2020 and 31 December 2020

File Number:           12275#155

 

Executive Summary

The purpose of this report is to provide details of Council’s invested funds as at 30 November 2020 and 31 December 2020.

Council’s portfolio yield greatly exceeds the benchmark AusBond three month Bank Bill Index due to the prudent investment of Council’s portfolio.  Interest received for the months of November and December are above the budgeted income forecast.

Recommendation

That the information and certification in relation to the investment of Council funds as at 30 November 2020 and 31 December 2020 be noted.

 

Report

At its last meeting on 1 December 2020, the Reserve Bank decided to maintain the current policy settings, including the targets for the cash rate and the yield on 3-year Australian government bonds of 10 basis points.  It also decided to maintain the parameters of the Term Funding Facility and the government bond purchase program.

In relation to the domestic market, the Board commented that:

Globally, the news has been mixed recently.  On the one hand, infection rates have risen sharply in Europe and the United States and the recoveries in these economies have lost momentum.  On the other hand, there has been positive news on the vaccine front, which should support the recovery of the global economy.  The recovery is also dependent on ongoing support from both fiscal and monetary policy.  Hours worked in most countries remain noticeably below pre-pandemic levels and inflation is low and below central bank targets.

Financial conditions remain accommodative around the world, with bond yields near historically low levels.  The positive news on vaccines has boosted equity markets, lowered risk premiums and supported further increases in some commodity prices.  The improvement in risk sentiment has also been associated with a depreciation of the US dollar and an appreciation of the Australian dollar.

In Australia, the economic recovery is underway and recent data have generally been better than expected.  This is good news, but the recovery is still expected to be uneven and drawn out and it remains dependent on significant policy support.  In the RBA's central scenario, it will not be until the end of 2021 that the level of GDP reaches the level attained at the end of 2019.  In the central scenario, GDP is expected to grow by around 5 per cent next year and 4 per cent over 2022.

Employment growth was again strong in October, although the unemployment rate increased to 7 per cent as more people re-joined the workforce.  A further rise in the unemployment rate is still expected, as businesses restructure in response to the pandemic and more people re-join the workforce.  The unemployment rate is forecast to decline next year, but only slowly and still to be around 6 per cent at the end of 2022.

The extended period of high unemployment and excess capacity is expected to result in subdued increases in wages and prices over coming years.  In the September quarter, the Wage Price Index increased by just 0.1 per cent, to be 1.4 per cent higher over the year.  In underlying terms, inflation is forecast to be 1 per cent in 2021 and 1½ per cent in 2022.

The Board views addressing the high rate of unemployment as an important national priority.  Its policy decisions over recent months will help here.  These decisions are complementary to the significant steps taken by Australian governments to support jobs and economic growth.

The Bank's policy response has lowered interest rates across the yield curve, which will assist the recovery by: lowering financing costs for borrowers; contributing to a lower exchange rate than otherwise; and supporting asset prices and balance sheets.  The Term Funding Facility is also supporting the supply of credit to businesses.  To date, authorised deposit-taking institutions have drawn down $84 billion under this facility and have access to a further $105 billion.  Over the past month, the Bank has bought $19 billion of government bonds under the bond purchase program and a further $5 billion of Australian government securities in support of the 3-year yield target.  Since the start of this year, the RBA's balance sheet has increased by around $130 billion.

Given the outlook for both employment and inflation, monetary and fiscal support will be required for some time.  For its part, the Board will not increase the cash rate until actual inflation is sustainably within the 2 to 3 per cent target range.  For this to occur, wages growth will have to be materially higher than it is currently.  This will require significant gains in employment and a return to a tight labour market.  Given the outlook, the Board is not expecting to increase the cash rate for at least 3 years.  The Board will keep the size of the bond purchase program under review, particularly in light of the evolving outlook for jobs and inflation.  The Board is prepared to do more if necessary.

The majority of Council’s investment portfolio (81%) is invested in deposits / securities with Australian Authorised Deposit taking Institutions (ADI’s).  This percentage is slightly lower than normal due to Council holding 18% in cash at the end of October, which is held with the NAB, but is not included in our deposit/securities calculation.  Council has been taking advantage of term deposit “specials” from various institutions without overexposing the portfolio to any one institution.  Note that the marked to market valuations on some of the direct investment products in Council’s portfolio remain at less than the face value of the investment.  The marked to market value of these investments is expected to be equal to or greater than the face value by the time they reach their maturity date.  Early exit from these products would realise losses.

The following chart compares Council’s portfolio yield with the benchmark AusBond Bank Bill Index rate in each month for 2019/20 and 2020/21.

As shown in the chart above, Council’s portfolio yield greatly exceeds the benchmark AusBond three month Bank Bill Index due to the prudent investment of Council’s portfolio.

Under Reg 212 of the Local Government (General) Regulation 2005, Council’s Responsible Accounting Officer must provide Council each month with a written report setting out details of all money that Council has invested under section 625 of the Act.

Council’s investment portfolio as at 30 November 2020 is summarised on the following page.

Council’s investment portfolio as at 31 December 2020 is summarised below.

Details of Council’s investment portfolio as at 30 November 2020 are provided in attachment 1 and details of Council’s investment portfolio as at 31 December 2020 are provided in attachment 2.

Consultation

Independent advice regarding the investment of Council funds was provided by Prudential Investment Services Corp and a portfolio review has been undertaken to ensure that the portfolio remains appropriate in the current environment.

The advice of Prudential Investment Services is that “Council has a well diversified portfolio of term deposits and bank issued bonds from the highest quality institutions in Australia.  No change in Council’s investment strategy is recommended in response to the current market conditions.”

Financial Implications

Council continues to invest those funds which, having regard to Council’s Resourcing Strategy 2017/18 – 2020/21 and adopted Operational Plan 2020/21, are not required to manage Council’s day-to-day cash flow or have been identified as required to fund specific future projects and expenditure or anticipated (budgeted) future commitments.

Interest earned is allocated to restricted cash and income in accordance with Council’s adopted budget, policy and legislative requirements.  Accrued interest to 30 November was $297,181 and accrued to 31 December was $254,116.

The chart on the following page compares actual interest received to date with budgeted interest for the year.

Interest for the month of November represented an increase of 0.8% pa versus the bank bill benchmark of 0.09% per annum for the month.  Interest for the month of December represented an increase of 0.54% pa versus the bank bill benchmark of 0.03% per annum for the month.

The Reserve Bank of Australia has continued to keep interest rates low and the expected investment income will be reviewed and revised as more information becomes available.

Certification

I hereby certify that Council’s investments have been made in accordance with Sec 625 of the Local Government Act 1993, clause 212 of the Local Government (General Regulations) 2005 and Council’s Investment Policy.

Simone Fisher

Acting Chief Financial Officer

Wollondilly Shire Council

Attachments

1.       November 2020 Investment Summary Report  

2.       December 2020 Investment Summary Report     


Ordinary Council Meeting Agenda

16 February 2021

 

17          Notice of Motion/Rescissions

17.1       Notice of Motion - Grey Headed Flying Fox Camp in Stonequarry Creek Picton

File Number:           12275#150

 

We, Councillor Judith Hannan and Deputy Mayor Michael Banasik, intend to move the following motion:

 

Motion

That Council investigate with the appropriate regulatory authority, and trial viable additional management actions (such as sonic devices or other treatments suggested by experts) to assist in managing the Grey Headed Flying Fox camp at Stonequarry Creek, Picton.

 

 

CEO’s Comment

Council is seeking to implement all possible management actions to reduce the impact on local residents from the Grey Headed Flying Fox camp at Stonequarry Creek, Picton.

Investigation of additional management actions can be conducted within existing resource allocations.

If an additional viable solution is identified and approved by NSW Environment, Energy and Science, a trial may be possible within existing resource allocations depending on the cost or the matter may require further budget consideration by Council.

 

Attachments

Nil    


Ordinary Council Meeting Agenda

16 February 2021

 

18          Closed Reports   

No reports this meeting

19          Questions for Next Meeting

No reports this meeting