Council Meeting AGENDA

Members Crs K Mack (Chairperson), D Cameron, A Cohn, G Docksey, A Glachan, M King, J Stuchbery, D Thurley and H van de Ven Staff General Manager Apologies Guests Brad Bohun – External Auditor, Crowe Horwath

Please be advised that the next Council Meeting will be held in the Council Chambers, AlburyCity Administration Building, Kiewa Street, Albury, Monday 24 October 2016, at 6.00pm.

CM1. Opening Prayer and Acknowledgement of Original Custodians of Our Land ...... 3 CM2. Recording of Meeting...... 3 CM3. Conflict of Interest Declarations received by the Chair and Disclosure of Political Donations...... 3 CM4. Apologies ...... 3 CM5. Mayoral Minute ...... 4 CM6. Action Plans...... 5 CM6.1. Nil ...... 5 CM7. Confirmation of Minutes of Previous Meetings...... 6 CM7.1. Minutes of the Council Meeting held Monday 26 September 2016 at 6.00pm...... 6 CM8. Reports from Council Committees ...... 15 CM8.1. Report from the Planning & Development Committee Meeting held Monday 10 October 2016 6.02pm ...... 15 CM8.2. Report from the Engineering and Works Committee Meeting held Monday 10 October 2016 at 6.23pm ...... 21 CM8.3. Report from the Community and Development Committee Meeting held Monday 10 October 2016 at 6.34pm ...... 25 CM8.4. Report from the Finance and Administration Committee Meeting held Monday 10 October 2016 at 6.49pm ...... 29 CM9. Reports from Community Forums...... 33 CM9.1. Nil ...... 33 CM10. Notices of Motion/Notices of Recission...... 34 CM10.1. Notice of Motion - Amendment to AlburyCity Code of Meeting Practice ...... 34 CM10.2. Notice of Motion - Albury Outdoor Basketball Courts...... 35 CM11. Presentations and Deputations ...... 36 CM11.1. Nil ...... 36 CM12. Reports/Minutes of Committees and Working Parties ...... 37 CM12.1. Minutes of the Special Audit Committee Meeting held Wednesday 5 October 2016 at 12.04pm ...... 38 CM13. Documents for Sealing ...... 40 CM14. Officers Reports for Consideration ...... 41 CM14.1. Draft Financial Statements 2015/16 ...... 41 CM14.2. Lavington Sports Ground Redevelopment Provision of Design Services Contract No. 16/01581 ...... 50 CM14.3. Development Application 10.2016.34884.1 – Lavington Sports Ground Redevelopment - Stage 2 ...... 57

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 1 AlburyCity - Council Meeting Agenda

CM14.4. Encroachment on Council Land Policy (Consideration of Submissions)...... 61 CM14.5. Review of 2016-17 AlburyCity Committees and Working Parties Register ...... 65 CM14.6. Independent Review of Regional Development Australia (RDA) Programme ...... 67 CM14.7. Review of the Local Government Rating System...... 70 CM14.8. Joint Organisations - Getting the boundaries right ...... 90 CM14.9. Outdoor Basketball Courts in Albury ...... 94 CM15. Officers Reports for Noting ...... 98 CM15.1. Disclosures by Councillors, Audit Committee Members and Designated Persons Return 2015/2016 ...... 98 CM15.2. Mungabareena Reserve - Declaration as an Aboriginal Place...... 99 CM16. Delegates Reports for Noting...... 102 CM16.1. Nil ...... 102 CM17. Notice of Urgent Business ...... 103 CM18. Confidential Matters...... 104 CM18.1. Nil ...... 104

Note A light meal will be served at 5.15pm, at ‘Charlies on Kiewa’, for Councillors and staff required to attend the meeting.

Frank Zaknich General Manager

20 October 2016

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 2 AlburyCity - Council Meeting Agenda

CM1. OPENING PRAYER AND ACKNOWLEDGEMENT OF ORIGINAL CUSTODIANS OF OUR LAND

CM2. RECORDING OF MEETING

CM3. CONFLICT OF INTEREST DECLARATIONS RECEIVED BY THE CHAIR AND DISCLOSURE OF POLITICAL DONATIONS

CM4. APOLOGIES

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 3 AlburyCity - Council Meeting Agenda

CM5. MAYORAL MINUTE

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 4 AlburyCity - Council Meeting Agenda

CM6. ACTION PLANS

CM6.1. Nil

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 5 AlburyCity - Council Meeting Agenda

CM7. CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

CM7.1. Minutes of the Council Meeting held Monday 26 September 2016 at 6.00pm

Present Crs H van de Ven (Chairperson), D Cameron, A Cohn, G Docksey, A Glachan, M King, K Mack, J Stuchbery and D Thurley

Apologies Nil.

Staff General Manager, Director Engineering, Director Community & Recreation, Director Planning & Environment, Director Economic Development & Tourism, Chief Financial Officer, Executive Assistant to General Manager, Executive Assistant, Group Leader Communications, Media & Communications Officer, Team Leader Albury Entertainment Centre, IT Network Administrator, Governance Officer

The Agenda for this meeting and Minutes of Committees included therein form part of these Minutes.

THE MEETING OPENED WITH THE PRAYER & ACKNOWLEDGMENT OF ORIGINAL CUSTODIANS OF OUR LAND

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 6 AlburyCity - Council Meeting Agenda

CM 2 RECORDING OF MEETING

The Chairperson advised those present that the meeting is being recorded for administrative purposes.

CM 3 CONFLICT OF INTEREST DECLARATIONS RECEIVED BY THE CHAIR AND DISCLOSURE OF POLITICAL DONATIONS

3A Conflict of Interest Declarations

There were no Conflict of Interest Declarations received by the Chairperson.

3B Disclosure of Political Donations and Requirements of the Environmental Planning & Assessment Act 1979

The General Manager advised those present, of the legislative requirement for Disclosure of Political Donations:

Advice to the Council Meeting

The Environmental Planning and Assessment Act 1979, Section 147 requires a person submitting planning applications or submissions regarding a planning application, to disclose any reportable political donation and/or gifts to any local Councillor or employee of Council. Reportable political donations include those of, or above, $1,000.

In dealing with Development Applications, Councillors need to take into account specific matters contained in the Environmental Planning & Assessment Act 1979.

Accordingly, the provisions of Section 79C(1) of that Act are set out in the cover page prior to the Agenda item, which can be used by Councillors as a reference guide of issues to be considered.

The Local Government Act 1993, section 375A requires that a division be called whenever a motion for a planning decision is put at a meeting of the council or a council committee.

Planning decision means a decision made in the exercise of a function of council under the Environmental Planning and Assessment Act 1979 including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but not including the making of an order under Division 2A of Part 6 of that Act.

Matters appearing in the Planning and Development Committee Meeting minutes which require a planning decision to be made will be dealt with separately and immediately following the motion for the adoption of the Planning and Development Committee Meeting minutes. In respect to these matters, motions for a planning decision put before council will be considered a division and recorded in accordance with section 375A of the Local Government Act 1993.

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 7 AlburyCity - Council Meeting Agenda

There were no Disclosures of Political Donations received by the Chairperson.

CM 4 APOLOGIES

There were no Apologies.

CM 5 COUNCILLOR OATH/AFFIRMATION OF OFFICE

In accordance with Section 63 of the Local Government Act 1989, the Chairperson invited Councillors to individually take an Oath or Affirmation of Office as Councillors for the term 2016-2020.

An Oath of Office was taken by: Cr van de Ven Cr Mack Cr Glachan Cr King Cr Cameron Cr Docksey

An Affirmation of Office was taken by: Cr Thurley Cr Cohn Cr Stuchbery

CM 6 ELECTION OF MAYOR – SEPTEMBER 2016 - 2018

Cr Thurley Moved, Cr Mack Seconded That Council invites nominations for the position of Mayor for 2016-2018. CARRIED

The Returning Officer, Mr Frank Zaknich, assumed the chair and advised that two nominations had been received for the position of Mayor, being Cr Mack and Cr van de Ven.

There were no other nominations.

As there were two nominations received by the Returning Officer, the vote was conducted by method of show of hands.

Cr Mack - 5 votes Cr van de Ven - 4 votes

The Returning Officer declared Cr Mack as the elected Mayor for the Mayoral Term 2016-2018.

Cr Mack assumed the Chair.

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 8 AlburyCity - Council Meeting Agenda

CM 7 ELECTION OF DEPUTY MAYOR – SEPTEMBER 2016 - 2018

Cr Cameron Moved, Cr Thurley Seconded That Council: a. Makes an appointment for the position of Deputy Mayor with the term of the appointment the same as for the Mayor; and b. Invites nominations for the position of Deputy Mayor. CARRIED

The Returning Officer, Mr Frank Zaknich, advised that two nominations had been received for the position of Deputy Mayor, being Cr Thurley and Cr Cohn.

There were no other nominations.

As there were two nominations received by the Returning Officer, the vote was conducted by method of show of hands.

Cr Thurley - 4 votes Cr Cohn - 5 votes

The Returning Officer declared Cr Cohn as the elected Deputy Mayor for the 2016-2018 Mayoral Term.

CM 8 MEDIA BREAK

The Meeting adjourned at 6.16pm for media purposes and reconvened at 6.37pm.

CM 9 ACTION PLANS

There were no Actions to be received or noted.

CM 10 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

10A Minutes of the Council Meeting held on Monday 22 August 2016 at 6.00pm

Cr Thurley Moved, Cr Glachan Seconded That the Minutes of the Council Meeting held on Monday 22 August 2016, at 6.00pm, be confirmed. CARRIED

CM 11 REPORTS FROM COUNCIL COMMITTEES

There were no Reports from Council Committees.

CM 12 REPORT FROM THE COMMUNITY FORUM

There was no Community Forum.

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 9 AlburyCity - Council Meeting Agenda

CM 13 NOTICES OF MOTION/NOTICES OF RESCISSION

There were no Notices of Motion/Notices of Rescission.

CM 14 PRESENTATIONS & DEPUTATIONS

There were no Presentations or Deputations.

CM 15 REPORTS/MINUTES OF COMMITTEES & WORKING PARTIES

15A Minutes of the Audit Committee Meeting held on Wednesday 17 August 2016 at 12.02pm

Cr Thurley Moved, Cr Glachan Seconded 1. That Council receive, note and accept the Minutes and Recommendations of the Audit Committee Meeting held Wednesday 17 August 2016 at 12.02pm, except item AC14 with this matter being dealt with separately. 2. Item AC14 – That Council appoint existing members Leo O’Reilly, David Maxwell and Allan Kohler for a further period up to December 2017. CARRIED

CM 16 DOCUMENTS FOR SEALING

There were no Documents for Sealing.

CM 17 OFFICERS REPORTS FOR CONSIDERATION

17A Council Committee Memberships and Chairpersons

Cr Docksey Moved, Cr Thurley Seconded That Council: a. determines the term of Committee and Chair appointments; b. invite nominations for members of the: i. Planning & Development Committee; ii. Engineering & Works Committee; iii. Community & Cultural Committee; and iv. Finance & Administration Committee. c. seeks confirmation from the Mayor as to whether they will be chairing any or all of the Committees; d. that where the Mayor has determined not to chair a Committee that the election of Committee Chairs will be by open voting; and e. that Council invite nominations for and elect the positon of Chair if required for: i. Planning & Development Committee; ii. Engineering & Works Committee; iii. Community & Cultural Committee; and iv. iv. Finance & Administration Committee.

The Mayor advised that he would not be chairing any of the Committees, and invited nominations for members and Chairpersons for 2016/17.

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 10 AlburyCity - Council Meeting Agenda

Membership of the Planning & Development Committee

The Mayor called for nominations for the membership of the Planning & Development Committee.

Nominations were received from Councillors Stuchbery, Docksey, Mack, Cohn, King, Glachan, Thurley and van de Ven.

The Mayor declared that all eight Councillors nominated will be members of the Planning & Development Committee.

Membership of the Engineering & Works Committee

The Mayor called for nominations for the membership of the Engineering & Works Committee.

Nominations were received from Councillors Stuchbery, Docksey, Mack, Cohn, King, Glachan, Thurley and van de Ven.

The Mayor declared that eight Councillors nominated will be members of the Engineering & Works Committee.

Membership of the Community & Cultural Committee

The Mayor called for nominations for the membership of the Community & Cultural Committee.

Nominations were received from Councillors Stuchbery, Docksey, Mack, Cohn, King, Glachan, Thurley and van de Ven.

The Mayor declared that all eight Councillors will be members of the Community & Cultural Committee.

Membership of the Finance & Administration Committee

The Mayor called for nominations for the membership on the Finance & Administration Committee.

Nominations were received from Councillors Stuchbery, Docksey, Mack, Cohn, King, Glachan, Thurley and van de Ven.

The Mayor declared that all eight Councillors will be members of the Finance & Administration Committee.

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 11 AlburyCity - Council Meeting Agenda

Chair of the Planning & Development Committee

The Mayor called for nominations for the position of Chair of the Planning & Development Committee; noting that the position of Deputy Chair is to be elected at the first Committee Meeting.

Cr Glachan Nominated, Cr Docksey Seconded That Cr Glachan be nominated as Chair of the Planning & Development Committee.

As there was only one nomination received, the Mayor declared Cr Glachan as the elected Chair of the Planning & Development Committee.

Chair of the Engineering & Works Committee

The Mayor called for nominations for the position of Chair of the Engineering & Works Committee; noting that the position of Deputy Chair is to be elected at the first Committee Meeting.

Cr Thurley Nominated, Cr Docksey Seconded That Cr van de Ven be nominated as Chair of the Engineering & Works Committee. As there was only one nomination received, the Mayor declared Cr van de Ven as the elected Chair of the Engineering & Works Committee.

Chair of the Community & Cultural Committee

The Mayor called for nominations for the position of Chair of the Community & Cultural Committee; noting that the position of Deputy Chair is to be elected at the first Committee Meeting.

Cr Thurley Nominated, Cr Docksey Seconded That Cr Cohn be nominated as Chair of the Community & Cultural Committee.

As there was only one nomination received, the Mayor declared Cr Cohn as the elected Chair of the Community & Cultural Committee.

Chair of the Finance & Administration Committee

The Mayor called for nominations for the position of Chair of the Finance & Administration Committee; noting that the position of Deputy Chair is to be elected at the first Committee Meeting.

Cr van de Ven Nominated, Cr Docksey Seconded That Cr Thurley be nominated as Chair of the Finance & Administration Committee.

As there was only one nomination received, the Mayor declared Cr Thurley as the elected Chair of the Finance & Administration Committee.

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 12 AlburyCity - Council Meeting Agenda

Cr Glachan Moved, Cr van de Ven Seconded That Council accept the membership and Chairpersons of the Planning & Development, Engineering & Works, Community & Cultural and Finance & Administration Committees as recorded for 2016/17. CARRIED

17B NSW Local Government Association Conference 2016

Cr Thurley Moved, Cr Docksey Seconded That Council: a. Authorise the Mayor and Deputy (of the day) and two other Councillors to attend the Local Government NSW Conference from Sunday 16 to Tuesday 18 October 2016 at Wollongong; b. Determine the two other Council delegates at this meeting; c. Authorise the above Councillors as Council’s voting delegates for voting on conference motions; and d. Approve all registration, travel, accommodation and other reasonable expenses associated with the attendance of Council's delegates at the conference.

The Mayor called for nominations for voting delegates for the LGA Conference.

Cr Glachan nominated as voting delegate for the LGA Conference.

Cr van de Ven nominated as voting delegate for the LGA Conference.

The Mayor declared Crs Glachan and van de Ven as the elected voting delegates for the NSW Local Government Association Conference 2016. CARRIED

CM 18 OFFICERS REPORTS FOR NOTING

18A Investment Balances – August 2016 (DOC16/220204)

Cr van de Ven Moved, Cr Thurley Seconded That Council receive, note and accept the Investment Balances Report for the month of August 2016. CARRIED

CM 19 DELEGATES REPORTS FOR NOTING

There were no Delegates Reports for Noting.

CM 20 NOTICE OF URGENT BUSINESS

NUB 1 Cr van de Ven raised a query regarding an increase in remuneration for the Deputy Mayor. General Manager to investigate further options and report back to Council.

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 13 AlburyCity - Council Meeting Agenda

CM 21 CONFIDENTIAL ITEMS

There were no Confidential Items.

The Meeting closed at 6.55pm.

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 14 AlburyCity - Council Meeting Agenda

CM8. REPORTS FROM COUNCIL COMMITTEES

CM8.1. Report from the Planning & Development Committee Meeting held Monday 10 October 2016 6.02pm

DATE 11 October 2016

CONFIDENTIAL No

FURTHER ENQUIRIES TO Frank Zaknich PHONE 6023 8755 Executive Services

Introduction

On Monday 10 October 2016 the Planning & Development Committee met and a report from this meeting is attached.

Recommendation

That the recommendations included in the report from the Planning & Development Committee Meeting held on Monday 10 October 2016, be adopted except item 7.3 Planning Proposal – Rezoning of Land in Table Top and Splitters Creek, with such matters being dealt with separately.

Attachments (on following page)

1. Report from the Planning & Development Committee Meeting held on Monday 10 October 2016.

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 15 AlburyCity - Council Meeting Agenda

Report from the Planning & Development Committee Meeting held on Monday 10 October 2016 at 6.02pm

Present Crs A Glachan (Chairperson), A Cohn, M King, K Mack (Ex Officio), J Stuchbery, D Thurley and H van de Ven

Apologies G Docksey

Staff General Manager, Director Community & Recreation, Director Economic Development & Tourism, Director Engineering, Director Planning & Environment, Chief Financial Officer, Team Leader Town Planning, Executive Assistant to General Manager, IT Service Desk Coordinator, Governance Officer

PDC 1 RECORDING OF MEETING

1.1 Recording of Meeting

The Chairperson advised those present that the meeting is being recorded for administrative purposes.

PDC 2 CONFLICT OF INTEREST DECLARATIONS RECEIVED BY THE CHAIR AND DISCLOSURE OF POLITICAL DONATIONS

2.1 Conflict of Interest Declarations

The Chairperson received the following Conflict of Interest Declarations:

 Cr Stuchbery declared a Pecuniary Conflict of Interest in relation to item 7.3 Planning Proposal – Rezoning of land in Table Top and Splitters Creek, and advised he would leave the Chamber when the matter is discussed.

2.2 Disclosure of Political Donations and Requirements of the Environmental Planning & Assessment Act 1979

The General Manager advised those present of the legislative requirement for Disclosure of Political Donations:

Advice to the Planning & Development Committee

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 16 AlburyCity - Council Meeting Agenda

The Disclosure Statement forms are available on Council’s website or from the Customer Service Centre and must be lodged in accordance with the Act. The forms are also available at the back of the Chamber during meetings. In dealing with Development Applications, Councillors need to take into account specific matters contained in the Environmental Planning & Assessment Act 1979.

Accordingly, the provisions of Section 79C(1) of that Act are set out in the cover page prior to the Agenda item, which can be used by Councillors as a reference guide of issues to be considered.

The Local Government Act 1993, section 375A requires that a division be called whenever a motion for a planning decision is put at a meeting of the council or a council committee.

There were no Disclosures of Political Donations received by the Chairperson.

PDC 3 APOLOGIES

3.1 Apologies of Committee Members

Cr Thurley Moved, Cr Mack Seconded That the Committee receive, note and accept the apology of Committee Member, Cr G Docksey, and grant leave of absence for the meeting. CARRIED

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 17 AlburyCity - Council Meeting Agenda

PDC 4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

4.1 Minutes of the Planning & Development Committee Meeting held on Monday 15 August 2016 at 6.00pm

Cr Thurley Moved, Cr Mack Seconded That the Committee recommends to Council that the Minutes of the Planning & Development Committee Meeting held on Monday 15 August 2016, at 6.00pm, be adopted. CARRIED

PDC 5 MATTERS ARISING FROM PREVIOUS MINUTES

There were no Matters Arising from Previous Minutes.

PDC 6 REPORTS/MINUTES OF COMMITTEES AND WORKING PARTIES

6.1 Minutes of the Companion Animals Advisory Panel Meeting held on Wednesday 17 August 2016 at 5.30pm

Cr Mack Moved, Cr Thurley Seconded That the Committee recommends to Council that the Minutes of the Companion Animals Advisory Panel Meeting held on Wednesday 17 August 2016 at 5.30pm be received, noted and accepted. CARRIED

PDC 7 OFFICERS REPORTS FOR CONSIDERATION

7.1 Election of Deputy Chairperson Planning & Development Committee 2016/17

Cr Thurley Moved, Cr van de Ven Seconded That the Committee recommends to Council that Council: a. Invite nominations for the position of Deputy Chairperson for the next 12 months; and b. Conduct an election for the Deputy Chairperson in the event of a ballot being required. CARRIED As there was one nomination for the position of Deputy Chairperson of the Planning & Development Committee, being Cr van de Ven, no election was required.

The Chair declared Cr van de Ven as the Deputy Chairperson of the Planning & Development Committee.

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 18 AlburyCity - Council Meeting Agenda

7.2 Albury Development Monitor 2015-2016

Cr Mack Moved, Cr van de Ven Seconded That the Committee recommends to Council that Council receive and note the report on the Albury Development Monitor 2015-2016. CARRIED

Cr Stuchbery left the Chamber at 6.12pm.

7.3 Planning Proposal – Rezoning of land in Table Top and Splitters Creek

Cr Mack Moved, Cr van de Ven Seconded That the Committee recommends to Council that Council: a. Endorse the Planning Proposal and forward it to the Minister for Planning seeking an Amendment to the Albury Local Environmental Plan 2010 (consistent with Rural Lands Strategy settlement recommendations) and request that a Gateway Determination be issued, including the delegation of Plan making powers, so as to enable the public exhibition of the Planning Proposal pursuant to the Environmental Planning & Assessment Act 1979; b. Upon receipt of a Gateway Determination under Section 56 of the Environmental Planning & Assessment Act 1979, Council place the Planning Proposal and any supporting material on public exhibition pursuant to any requirements of the Gateway Determination and Section 57 of the Environmental Planning & Assessment Act 1979; and c. Subject to the conditions of the Gateway Determination undertake those actions necessary to address outstanding matters including finalising the Preliminary Draft Splitters Creek Bush Fire Risk Management Plan in liaison with the NSW Rural Fire Service prior to the formal public exhibition of the Planning Proposal. CARRIED

In accordance with s.375A(2) of the Local Government Act 1993, a division was duly called. The following votes of the motion were recorded: FOR AGAINST Cr Glachan Nil. Cr van de Ven Cr Cohn Cr Thurley Cr Mack Cr King

Disclosures of Political Donations There were no Disclosures of Political Donations and/or gifts by an applicant, objector or Councillor at the time of determination of the Development Application.

Cr Stuchbery returned to the Chamber at 6.19pm.

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 19 AlburyCity - Council Meeting Agenda

PDC 8 OFFICERS REPORTS FOR NOTING

8.1 2016 Albury Wodonga Business Survey Key Findings

Cr van de Ven Moved, Cr Thurley Seconded That the Committee recommends to Council that Council receive and note the report. CARRIED

PDC 9 DELEGATES REPORTS FOR NOTING

There were no Delegates Reports for Noting.

PDC 10 NOTICE OF URGENT BUSINESS

There were no Notices of Urgent Business.

PDC 11 CONFIDENTIAL ITEM

There were no Confidential Items.

Meeting closed at 6.23pm.

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 20 AlburyCity - Council Meeting Agenda

CM8.2. Report from the Engineering and Works Committee Meeting held Monday 10 October 2016 at 6.23pm

DATE 11 October 2016

CONFIDENTIAL No

FURTHER ENQUIRIES TO Frank Zaknich PHONE 6023 8755 Executive Services

Introduction

On insert Monday 10 October 2016 the Engineering & Works Committee met and a report from this meeting is attached.

Recommendation

That the recommendations included in the report from the Engineering & Works Committee Meeting held on Monday 10 October 2016 be adopted.

Attachments (on following page)

1. Report from the Engineering & Works Committee Meeting held on Monday 10 October 2016.

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 21 AlburyCity - Council Meeting Agenda

Report from the Engineering & Works Committee Meeting held on Monday 10 October 2016 at 6.23pm

Present Crs H van de Ven (Chairperson), A Cohn, A Glachan, M King, K Mack (Ex Officio), J Stuchbery and D Thurley

Apologies Cr G Docksey

EWC 1 RECORDING OF MEETING

1.1 Recording of Meeting

The Chairperson advised those present that the meeting is being recorded for administrative purposes.

EWC 2 CONFLICT OF INTEREST DECLARATIONS RECEIVED BY THE CHAIR

2.1 Conflict of Interest Declarations

There were no Conflict of Interest Declarations received by the Chairperson.

EWC 3 APOLOGIES

3.1 Apologies of Committee Members

Cr Mack Moved, Cr Thurley Seconded That the Committee receive, note and accept the apology of Committee Member, Cr G Docksey, and grant leave of absence for the meeting. CARRIED

EWC 4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

4.1 Minutes of the Engineering & Works Committee Meeting held on Monday 15 August 2016 at 6.34pm

Cr Thurley Moved, Cr Mack Seconded That the Committee recommends to Council that the Minutes of the Engineering & Works Committee Meeting held on Monday 15 August 2016, at 6.34pm, be adopted. CARRIED

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 22 AlburyCity - Council Meeting Agenda

EWC 5 MATTERS ARISING FROM PREVIOUS MINUTES

There were no Matters Arising from Previous Minutes.

EWC 6 REPORTS/MINUTES OF COMMITTEES AND WORKING PARTIES

6.1 Minutes of the Albury Airport Users Advisory Committee Meeting held on Wednesday 31 August 2016 at 10.00am

Cr Glachan Moved, Cr Thurley Seconded That the Committee recommends to Council that the Minutes of Albury Airport Users Advisory Committee meeting held on Wednesday 31 August 2016 at 10.00am be received, noted and accepted. CARRIED

EWC 7 OFFICERS REPORTS FOR CONSIDERATION

7.1 Election of Deputy Chairperson Engineering & Works Committee 2016/17

Cr Thurley Moved, Cr Cohn Seconded That the Committee recommends to Council that Council: a. Invite nominations for the position of Deputy Chairperson for the next 12 months; and b. Conduct an election for the Deputy Chairperson in the event of a ballot being required. CARRIED As there was one nomination for the position of Deputy Chairperson of the Engineering & Works Committee, being Cr Docksey, no election was required.

The Chair declared Cr Docksey as the Deputy Chairperson of the Engineering & Works Committee.

7.2 Draft Undetected Leak Policy for Water and Wastewater Charges

Cr Glachan Moved, Cr Cohn Seconded That the Committee recommends to Council that Council: a. Adopt the draft Undetected Leak Policy for Water and Wastewater Charges, and place the policy on the Public Policy Register; and b. Provide feedback to the resident. CARRIED

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 23 AlburyCity - Council Meeting Agenda

7.3 Expressions of Interest – Albury Airport Terminal Upgrade

Cr Mack Moved, Cr Glachan Seconded That the Committee recommends to Council that Council shortlist the following five companies to tender for the Albury Airport Terminal Upgrade:  Joss Construction;  Melbcon;  St Hilliers Property;  Magi-Build Building Contractors; and  Southern Cross Developers. CARRIED

7.4 Cemeteries and Crematoria Albury Lawn and Monumental Policy

Cr Glachan Moved, Cr Cohn Seconded That the Committee recommends to Council that Council: a. endorse the replacement of the Cemeteries and Crematoria - Albury Lawn and Monumental Policy with the Cemeteries – General Information and Conditions of Use document; b. remove the Cemeteries and Crematoria - Albury Lawn and Monumental Policy from the Public Policy Register; c. include the Cemeteries – General Information and Conditions of Use document on the AlburyCity website and distribute to relevant stakeholders; and d. endorse the review of the content of the Cemeteries – General Information and Conditions of Use document every three years. CARRIED

EWC 8 OFFICERS REPORTS FOR NOTING

There were no Officers Reports for Noting.

EWC 9 DELEGATES REPORTS FOR NOTING

There were no Delegates Reports for Noting.

EWC 10 NOTICE OF URGENT BUSINESS

There were no Notices or Urgent Business.

EWC 11 CONFIDENTIAL ITEM

There were no Confidential Items.

Meeting closed at 6.33pm.

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 24 AlburyCity - Council Meeting Agenda

CM8.3. Report from the Community and Development Committee Meeting held Monday 10 October 2016 at 6.34pm

DATE 11 October 2016

CONFIDENTIAL No

FURTHER ENQUIRIES TO Frank Zaknich PHONE 6023 8755 Executive Services

Introduction

On Monday 10 October 2016 the Community & Cultural Committee met and a report from this meeting is attached.

Recommendation

That the recommendations included in the report from the Community & Cultural Committee Meeting held on Monday 10 October 2016, be adopted.

Attachment (on following page)

1. Report from the Community & Cultural Committee Meeting held on Monday 10 October 2016.

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 25 AlburyCity - Council Meeting Agenda

Report from the Community & Cultural Committee Meeting held on Monday 10 October 2016 at 6.34pm

Present Crs A Cohn (Chairperson), A Glachan, M King, K Mack (Ex Officio), J Stuchbery, D Thurley and H van de Ven

Apologies Cr G Docksey

CCC 1 RECORDING OF MEETING

1.1 Recording of Meeting

The Chairperson advised those present that the meeting is being recorded for administrative purposes.

CCC 2 CONFLICT OF INTEREST DECLARATIONS RECEIVED BY THE CHAIR

2.1 Conflict of Interest Declarations

There were no Conflict of Interest Declarations received by the Chairperson.

CCC 3 APOLOGIES

3.1 Apologies of Committee Members

Cr Thurley Moved, Cr Mack Seconded That the Committee receive, note and accept the apology of Committee Member, Cr G Docksey, and grant leave of absence for the meeting. CARRIED

CCC 4 CONFIRMATION OF MINUTES OF THE PREVIOUS MEETING

4.1 Minutes of the Community & Cultural Committee Meeting held on Monday 15 August 2016 at 6.48pm

Cr van de Ven Moved, Cr Thurley Seconded That the Committee recommends to Council that the Minutes of the Community & Cultural Committee Meeting held on Monday 15 August 2016, at 6.48pm, be adopted. CARRIED

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 26 AlburyCity - Council Meeting Agenda

CCC 5 MATTERS ARISING FROM PREVIOUS MINUTES

There were no Matters Arising from Previous Minutes.

CCC 6 REPORTS/MINUTES OF COMMITTEES AND WORKING PARTIES

6.1 Minutes of the Sports Albury Advisory Committee Meeting held on Wednesday 17 August 2016 at 7.00pm 6.2 Minutes of the Alexandra Park Athletics Complex Committee Meeting held on Wednesday 31 August 2016 at 5.30pm

Cr Mack Moved, Cr Thurley Seconded That the Committee recommends to Council that the Minutes of the following Advisory Committees and Working Parties be received, noted and accepted:

A. Minutes of the Sports Albury Advisory Committee Meeting held on Wednesday 17 August 2016 at 7.00pm. B. Minutes of the Alexandra Park Athletics Complex Committee Meeting held on Wednesday 31 August 2016 at 5.30pm. CARRIED

CCC 7 OFFICERS REPORTS FOR CONSIDERATION

7.1 Election of Deputy Chairperson Community & Cultural Committee 2016/17

Cr Thurley Moved, Cr van de Ven Seconded That the Committee recommends to Council that Council: a. Invite nominations for the position of Deputy Chairperson for the next 12 months; and b. Conduct an election for the Deputy Chairperson in the event of a ballot being required. CARRIED As there was one nomination for the position of Deputy Chairperson of the Community & Cultural Committee, being Cr Thurley, no election was required.

The Chair declared Cr Thurley as the Deputy Chairperson of the Community & Cultural Committee.

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 27 AlburyCity - Council Meeting Agenda

7.2 Memorandum of Understanding with Uiver Memorial Community Trust

Cr Thurley Moved, Cr van de Ven Seconded That the Committee recommends to Council that Council: a. Endorse the Draft MOU between AlburyCity and Uiver Memorial Community Trust; b. Proceed with executing the MOU; and c. In conjunction with UMCT promote the partnership via the media. CARRIED

7.3 Strategy for Tennis in Albury

Cr Mack Moved, Cr van de Ven Seconded That the Committee recommends to Council that Council: a. Receive and note this report; b. Endorse the attached draft Stakeholder Engagement Plan; and c. Following endorsement of the draft Stakeholder Engagement Plan by Council, authorise the General Manager to execute a Memorandum of Understanding with Tennis NSW. CARRIED

CCC 8 OFFICERS REPORTS FOR NOTING

There were no Officers Reports for Noting.

CCC 9 DELEGATES REPORTS FOR NOTING

There were no Delegates Reports for Noting.

CCC 10 NOTICE OF URGENT BUSINESS

NUB 1 Cr Cohn acknowledged SWAG Albury Wodonga and congratulated the group on their recent nomination at the GLOBE Community Awards for ‘Connecting the GLBTI Community’.

CCC 11 CONFIDENTIAL ITEM

There were no Confidential Items.

Meeting closed at 6.48pm.

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 28 AlburyCity - Council Meeting Agenda

CM8.4. Report from the Finance and Administration Committee Meeting held Monday 10 October 2016 at 6.49pm

DATE 11 October 2016

CONFIDENTIAL No

FURTHER ENQUIRIES TO Frank Zaknich PHONE 6023 8755

Introduction

On Monday 10 October 2016 the Finance & Administration Committee met and a report from this meeting is attached.

Recommendation

That the recommendations included in the report from the Finance & Administration Committee Meeting held on Monday 10 October 2016, be adopted.

Attachment (on following page)

1. Report from the Finance & Administration Committee Meeting held on Monday 10 October 2016.

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 29 AlburyCity - Council Meeting Agenda

Report from the Finance & Administration Committee Meeting held on Monday 10 October 2016 at 6.49pm

Present Crs D Thurley (Chairperson), A Cohn, A Glachan, M King, K Mack (Ex Officio), J Stuchbery and H van de Ven

Apologies Cr G Docksey

FAC 1 RECORDING OF MEETING

1.1 Recording of Meeting

The Chairperson advised those present that the meeting is being recorded for administrative purposes.

FAC 2 CONFLICT OF INTEREST DECLARATIONS RECEIVED BY THE CHAIR

2.1 Conflict of Interest Declarations

There were no Conflict of Interest Declarations received by the Chairperson.

FAC 3 APOLOGIES

3.1 Apologies of Committee Members

Cr van de Ven Moved, Cr Glachan Seconded That the Committee receive, note and accept the apology of Committee Member, Cr G Docksey, and grant leave of absence for the meeting. CARRIED

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 30 AlburyCity - Council Meeting Agenda

FAC 4 CONFIRMATION OF MINUTES OF THE PREVIOUS MEETING

4.1 Minutes of the Finance & Administration Committee Meeting held on Monday 15 August 2016 at 6.59pm

Cr Glachan Moved, Cr van de Ven Seconded That the Committee recommends to Council that the Minutes of the Finance & Administration Committee Meeting held on Monday 15 August 2016, at 6.59pm, be adopted. CARRIED

FAC 5 MATTERS ARISING FROM PREVIOUS MINUTES

There were no Matters Arising from Previous Minutes.

FAC 6 REPORTS/MINUTES OF COMMITTEES AND WORKING PARTIES

There were no Reports/Minutes of Committees and Working Parties.

FAC 7 OFFICERS REPORTS FOR CONSIDERATION

7.1 Election of Deputy Chairperson Finance & Administration Committee 2016/17

Cr Glachan Moved, Cr Cohn Seconded That the Committee recommends to Council that Council: a. Invite nominations for the position of Deputy Chairperson for the next 12 months; and b. Conduct an election for the Deputy Chairperson in the event of a ballot being required. CARRIED

As there was one nomination for the position of Deputy Chairperson of the Finance & Administration Committee, being Cr Glachan, no election was required.

The Chair declared Cr Glachan as the Deputy Chairperson of the Finance & Administration Committee.

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 31 AlburyCity - Council Meeting Agenda

FAC 8 OFFICERS REPORTS FOR NOTING

8.1 Corporate Health Indicators Report – June 2016

Cr van de Ven Moved, Cr Glachan Seconded That the Committee recommends to Council that Council receive and note the June 2016 Corporate Health Indicators Report. CARRIED

8.2 Investment Balances – September 2016

Cr Mack Moved, Cr Cohn Seconded That the Committee recommends to Council that Council receive, note and accept the Investment Balances Report for the month of September 2016. CARRIED

FAC 9 DELEGATES REPORTS FOR NOTING

There were no Delegates Reports for Noting.

FAC 10 NOTICE OF URGENT BUSINESS

There were no Notices of Urgent Business.

FAC 11 CONFIDENTIAL ITEM

There were no Confidential Items.

Meeting closed at 6.57pm.

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 32 AlburyCity - Council Meeting Agenda

CM9. REPORTS FROM COMMUNITY FORUMS

CM9.1. Nil

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 33 AlburyCity - Council Meeting Agenda

CM10. NOTICES OF MOTION/NOTICES OF RECISSION

CM10.1. Notice of Motion - Amendment to AlburyCity Code of Meeting Practice

Cr Darren Cameron to move the following motion:

1. That Council resolves that the General Manager is to have prepared a draft Code of Meeting practice and the draft code is to be placed on public exhibition for the minimum specified period in accordance with Section 361 of the Local Government Act 1993. 2. In accordance with S362 of the Local Government Act 1993, after public exhibition and consideration of any submissions received Council will consider the adoption or otherwise of the Draft Code of Meeting Practice at the earliest possible full Council meeting following exhibition of the code in accordance with S361 of the Local Government Act 1993. 3. That the draft code shall be the current adopted code except as modified as follows:

a. Delete 4 (xiii) and replace with (xiii)

1. Councillor Workshops will be held when called by the Mayor or when requested by two or more Councillors. 2. Councillor Workshops will have an Agenda. The GM shall consult with the Mayor as to the items on the agenda. 3. The public and media may be excluded from workshops for items that meet the requirements of S10A of the Local Government Act 1993. 4. The Mayor or acting Mayor will chair Councillor Workshops in their absence the councillors will elect a councillor to chair the Workshop. 5. All provisions of Council’s Code of Meeting Practice apply to Council Workshops. In accordance with clause 37, order is to be maintained at the Workshop. 6. There is no obligation on Councillors to attend Workshops.”

b. Delete 4(xiv) and replace with:

(xiv) 1. “Council decisions are not made at workshops nor are they to be used to endorse the actions of staff. 2. Workshop reports are to contain information but no recommendations. The Chairperson will allow questions but will not allow detailed discussion of matters raised in reports.”

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 34 AlburyCity - Council Meeting Agenda

CM10.2. Notice of Motion - Albury Outdoor Basketball Courts

Cr Darren Cameron to move:

1. That Council resolves that the General Manager is to have a report prepared as soon as possible for Council to consider on the subject of outdoor Basketball Courts. 2. The report to address (but not be limited to) items such as possible locations for court or courts in Albury City, the desirability or otherwise of such Courts, estimated approximate costs, any possible sources of funding for the Courts and the relationship between such proposed Courts and Albury City’s various plans. 3. The community and identified stakeholders to be consulted in the preparation of the report.

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 35 AlburyCity - Council Meeting Agenda

CM11. PRESENTATIONS AND DEPUTATIONS

CM11.1. Nil

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CM12. REPORTS/MINUTES OF COMMITTEES AND WORKING PARTIES

Introduction

Enclosed are the Minutes and Recommendations of the Special Audit Committee meeting held on Wednesday 5 October 2016 at 12.04pm.

Recommendation

That the Minutes/Recommendations of the Special Audit Committee meeting held on Wednesday 5 October 2016 at 12.04pm be received and noted.

Note

The Minutes of Advisory Committees and Working Parties may come to Council for noting prior to the adoption of the Minutes by the relevant Committee or Working Party. This is to ensure timely information to the Council. Should an Advisory Committee or Working Party subsequently agree that the Minutes should be changed, this will be noted in the next set of Minutes.

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 37 AlburyCity - Council Meeting Agenda

CM12.1. Minutes of the Special Audit Committee Meeting held Wednesday 5 October 2016 at 12.04pm Present Leo O’Reilly (Chairperson), Cr Alice Glachan (left the meeting at 1.06pm), Cr David Thurley, David Maxwell, Allan Kohler and Scott Campbell

Apologies Cr Kevin Mack (Mayor)

Staff Frank Zaknich (General Manager), Justin Finlayson (Chief Financial Officer), Glen Sherlock (Corporate Accountant)

Guest Brad Bohun (Crowe Horwath), and Dannielle MacKenzie (Crowe Horwath)

AC 1 INTEREST DECLARATIONS RECEIVED BY THE CHAIR

The Chairperson received the following Conflict of Interest Declarations:

 Mr David Maxwell declared that he continued to be active in providing products and services to Local Government, including AlburyCity Council, at publicly notified list prices, and in particular his supply of competing annual financial statement templates in opposition to those used by AlburyCity Council.  Mr Leo O’Reilly declared his involvement with Hume Bank.

The Audit Committee noted the update by the General Manager, Mr Frank Zaknich on the Audit Committee external members (Maxwell, Kohler and O’Reilly) extension of membership term by Council for 12 months, expiring November 2017 and the pending changes to legislation relating to establishment and operation of the proposed expanded “Audit, Risk and Improvement” Committees during the next 12 months.

AC 2 DRAFT ALBURYCITY AUDITED FINANCIAL STATEMENTS FOR YEAR ENDED 30 JUNE 2016 (MANAGEMENT IN ATTENDANCE) The committee subjected the draft statements to a review in accordance with its charter.

The Committee addressed the following: 1. Management Report on the Draft Financial Statements for 2015/16. 2. The Draft Financial Statements for 2015/16. 3. The Crowe Horwath Report to the Audit Committee 2016. 4. The Crowe Horwath Report on the Conduct of the Audit 2016.

Extensive discussion and questions on points of clarification took place.

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David Maxwell Moved, Allan Kohler Seconded That the 30 Year Plan for Water and Sewer (including Financial Plan) be presented to the Audit Committee at the meeting scheduled for Wednesday 16 November 2016. CARRIED

AC 3 DRAFT ALBURYCITY AUDITED FINANCIAL STATEMENTS FOR YEAR ENDED 30 JUNE 2016 (MANAGEMENT NOT IN ATTENDANCE)

Prior to the committee adopting the statements Council staff left the meeting at 1.35pm, and returned at 1.41pm to allow for open discussion between the Audit Committee and Auditors, Mr Brad Bohun and Dannielle MacKenzie.

David Maxwell Moved, Allan Kohler Seconded

That in accordance with its charter, the Audit Committee advises Council that it: a. has reviewed AlburyCity’s draft audited General Purpose Financial Statements, Special Purpose Financial Statements and Special Schedules for the year ended 30 June 2016; b. has raised a number of matters with staff and auditors and has received all explanations required. c. has considered the Auditor’s Reports relating to the General and Special Purpose Financial Statements, including the Report on the Conduct of the Audit and the Independent Audit Reports for the year ended 30 June 2016; d. is not aware of any matter that would prevent the required Statement by Councillors and Management from being signed in accordance with Section 413(2)(c) of the Local Government Act 1993 and the Local Government Code of Accounting Practice and Financial Reporting; and e. congratulate staff on the preparation of the financial statements and acknowledges the improving trends of Council’s financial position. CARRIED David Maxwell Moved, Scott Campbell Seconded

That the Audit Committee receives and notes the Crowe Horwath – Report to the Audit Committee 2016. CARRIED

Meeting closed at 1.55pm.

The Next Meeting will be held at 12.00 noon on Wednesday 16 November 2016 in the 3rd Floor Executive Meeting Room, Council Administration Building, 553 Kiewa Street, Albury.

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 39 AlburyCity - Council Meeting Agenda

CM13. DOCUMENTS FOR SEALING

Recommendation

That Council authorises its Seal to be affixed to the documents outlined below, in the presence of two signatories authorised to affix the Seal pursuant to Regulation 400 of the Local Government (General) Regulation 2005 and the Use of the Council Seal Policy:

A. AlburyCity Licence Agreement to SS & A Albury Wodonga Volleyball Association Inc commencing 1 September 2016 for 5 years. B. AlburyCity Licence Agreement to Lavington Tennis Club Inc commencing 1 July 2016 for 5 years. C. AlburyCity Licence Agreement to Albury North Lavington Swimming Club Inc commencing 1 July 2016 for 5 years. D. AlburyCity Licence Agreement to Albury Auskick Centre Inc commencing 1 March 2016 for 5 years. E. AlburyCity Lease to Mobil Oil Australia Pty Ltd – assignment of Lease to World Fuel Services (Australia) Pty Ltd of Lot 13 Albury Airport.

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 40 AlburyCity - Council Meeting Agenda

CM14. OFFICERS REPORTS FOR CONSIDERATION

CM14.1. Draft Financial Statements 2015/16

DATE 18 October 2016

CONFIDENTIAL No

FURTHER ENQUIRIES TO Justin Finlayson PHON 6023 8153 Executive Services E

Purpose of Report

The report presents AlburyCity’s Draft Financial Statements for the year ended 30 June 2016 for consideration by Council.

Background

In accordance with legislative requirements Council’s statutory financial reports are to be audited and lodged with the Office of Local Government by no later than 31 October 2016. The General Purpose Financial Report (refer Attachment 1) is the consolidated financial accounts of the AlburyCity Council comprising Council’s general activities and the business activities it controls including Water Fund and Sewer Fund.

AlburyCity’s Financial Statements have been prepared in accordance with:

 the Local Government Act 1993 and the Regulations made there under;  the Australian Accounting Standards and professional pronouncements;  the Local Government Code of Accounting Practice and Financial Reporting;  NSW Government Policy Statement Application of National Competition Policy to Local Government;  Office of Local Government guidelines Pricing & Costing for Council Businesses: A Guide to Competitive Neutrality; and  The NSW Office of Water Best Practice Management of Water Supply and Sewerage Guidelines.

The Special Purpose Financial Reports (refer Attachment 4) and Special Schedules (refer Attachment 6) summarise the financial results of Council’s business activities including; Water Fund, Sewer Fund, Airport, Cemetery and Crematorium, Albury Entertainment Centre, Albury Landfill and Banjora Child Care.

The Council has adopted the principle of competitive neutrality for all business activities that fall within the ambit of National Competition Policy that is applied throughout Australia at all levels of government. These statements include internal revenue and cost allocations to the specific business activities, and also outline tax equivalent payments, Council’s subsidy and return on assets (if applicable).

The Special Schedules are designed to meet the requirements of special purpose users such as the NSW Grants Commission, Australian Bureau of Statistics, the Department of Energy, Utilities and

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 41 AlburyCity - Council Meeting Agenda

Sustainability and the Office of Local Government. The financial data is collected for various uses including determination of Financial Assistance Grants, incorporation into national statistics, and the financial performance review of NSW councils by the Office of Local Government.

Council’s external auditor state within their audit reports that AlburyCity’s General and Special Purpose Financial Statements are prepared in accordance with the Local Government Code of Accounting Practice and Financial Reporting. Council’s financial records have been kept in accordance with the requirements of the Local Government Act 1993 and there are no material deficiencies in the accounting records or financial reports that have come to light during the course of the audit. The Special Purpose Financial Reports represent fairly the financial position of the business activities of Albury City Council.

The Audit Committee at its meeting on 7 October 2015 subjected an earlier version of the draft financial statements to a review in accordance with its charter. As a result the Audit Committee resolved to advise Council that the Audit Committee:

a. has reviewed AlburyCity’s draft audited General Purpose Financial Statements, Special Purpose Financial Statements and Special Schedules for the year ended 30 June 2016; b. has raised a number of matters with staff and auditors and has received all explanations required. c. has considered the Auditor’s Reports relating to the General and Special Purpose Financial Statements, including the Report on the Conduct of the Audit and the Independent Audit Reports for the year ended 30 June 2016; d. is not aware of any matter that would prevent the required Statement by Councillors and Management from being signed in accordance with Section 413(2)(c) of the Local Government Act 1993 and the Local Government Code of Accounting Practice and Financial Reporting; and e. congratulate staff on the preparation of the financial statements and acknowledges the improving trends of Council’s financial position.

Issues

INCOME STATEMENT (OPERATING RESULT)

The draft consolidated Income Statement for the year ended 30 June 2016 shows a net profit from continuing operations of $14.8 million which is $994,000 better than the prior year result and $6.5 million better than the original budget for the 2015/16 financial year.

Operating result by Fund compared to the prior year Table 1 Operating result 2015/16 2014/15 Variance Fund $’000 $’000 $’000 General 3,541 7,383 (3,842) Water 4,919 1,624 3,295 Sewer 6,385 4,844 1,541 Total 14,845 13,851 994 ( ) indicates an unfavourable variance

General Fund

The General Fund net operating profit of $3.5 million is $3.8 million less than the prior year.

Key components of this decrease include:

 Reversal of Council’s carbon tax provision in the prior year ($4.9 million);

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 Return of carbon funds by Council to other local governments in the current year ($823,000);  Landfill operations better by $772,000;  Domestic Waste Management better by $724,000; and  Part recovery of CDO investment from the Liquidator of Lehman Brothers $587,000.

Water Fund

The Water Fund net profit of $4.9 million is an increase of $3.3 million compared to the prior year.

Key components of this increase include:

 increased non-residential water usage charges of $1.5 million; and  reduced loss on disposal of assets of $1 million.

Sewer Fund

The Sewer Fund net profit of $6.3 million is an increase of $1.5 million compared to the prior year, which is mainly due to increased income from access charges.

Operating result by Fund compared to the original budget Table 2 Operating result 2015/16 2015/16 Fund Actual Budget Variance $’000 $’000 $’000 General 3,541 0 3,541 Water 4,919 2,545 2,374 Sewer 6,385 5,839 546 Total 14,845 8,384 6,461 ( ) indicates an unfavourable variance

Further detail regarding the operating result by Fund compared to budget is provided in Attachment 8, as Council’s General Purpose Financial Statements do not report Fund operating results against budget.

General Fund

The General Fund operating result of $3.5 million was better than the budgeted break even result, which was mainly due to:

 Domestic Waste Management less than budget by $1.2 million;  Landfill operations better than budget by $1.1 million;  Return of carbon funds by Council to other local governments ($823,000);  Part recovery of CDO investment from the Liquidator of Lehman Brothers $587,000;  Electricity and gas costs were $585,000 less than budget;  Borrowing costs $392,000 less than budget; and  Operational employee costs were $407,000 less than budget.

Water Fund

The Water Fund achieved a net profit of $4.9 million which is better than budget by $2.4 million, which was mainly due to:

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 Water usage income being $1.9 million more than budget; and  Electricity and gas costs being $435,000 less than budget.

Sewer Fund

The Sewer Fund achieved a net profit of $6.4 million which is greater than the budgeted surplus by $546,000 which is mainly due to sewer treatment income being $552,000 more than budget.

Capital Grants and Contributions

Capital Grants and contributions were $15.5 million which was $2.8 million better than the prior year. This increase was mainly due to the recognition of gifted infrastructure which is $3.7 million higher than the previous year, this was offset by reduced developer contributions which decreased by $938,000.

STATEMENT OF FINANCIAL POSITION (BALANCE SHEET) Table 3 Balance Sheet 2015/16 2014/15 Variance $’000 $’000 $’000 Current Assets 120,363 92,993 27,370 Non-Current Assets 1,176,592 1,140,815 35,777 Total Assets 1,296,955 1,233,808 63,147

Current Liabilities 24,046 23,150 896 Non-Current Liabilities 52,746 49,211 3,535 Total Liabilities 76,792 72,361 4,431

Net Assets 1,220,163 1,161,447 58,716 ( ) indicates an unfavourable variance

The Balance Sheet shows that Council’s net assets totalled $1.2 billion at year end, an increase of $59 million compared to the prior year end balance. The main factors contributing to this increase include:

 an increase in cash and investments of $22.7 million;  an increase in the value of infrastructure, property, plant and equipment of $41.6 million of which $27.9 million related to the revaluation of land, buildings and infrastructure; and  An increase in borrowings of $4.5 million.

STATEMENT OF CASH FLOWS Table 4 Details Actual 2015/16 Budget 2015/16 Actual 2014/15 $’000 $’000 $’000 Cash Flows from Operating Activities 49,009 42,712 42,963 Cash Flows from Investing Activities (56,190) (50,420) (41,690) Cash Flows from Financing Activities 4,540 560 (478) Net Increase/(Decrease) in Cash (2,641) (7,148) 795 Total Cash & Cash Equivalents 3,676 28,950 6,317

Other Investments 87,832 40,174 62,569

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Total Cash and Investments 91,508 69,124 68,886

The Statement of Cash Flows shows that cash and investments at year end were $22.4 million more than budgeted and $22.6 million more than the prior year, which is mainly due to increased cash and investments held by the Water and Sewer Funds of $16.6 million which are classified as externally restricted assets.

Table 5 Cash and Investments 2016 Actual 2016 Budget 2015 Actual $’000 $’000 $’000 External Restrictions 54,412 44,929 39,980 Internal Restrictions 17,289 9,655 15,313 Unrestricted Cash 19,807 17,394 13,593 Total Cash & Investments 91,508 71,978 68,886

Externally restricted cash and investments include Water and Sewer Fund balances, unexpended developer contributions, special purpose grants and domestic waste management funds.

Internally restricted cash and investments include employee leave entitlements, deposits, retentions and bonds, prepaid burial contributions, landfill remediation, community funds and carbon funds.

Council’s unrestricted cash position as at 30 June 2016 was $2.4 million better than budget. On an accrual basis it is important that an appropriate level of unrestricted cash and investments is maintained to meet liabilities when they fall due.

STATEMENT OF PERFORMANCE MEASUREMENT (NOTE 13)

Councils are required to disclose a number of set financial indicators. Council’s financial indicators reveal a healthy position across most areas.

Table 6 2016 2015 2014 Operating Performance Ratio 13% 14% 2.5%

The operating performance ratio measures the profitability of Council’s operations. The recommended benchmark is a minimum of 0; in other words Council should not be making an operating loss. The trend of AlburyCity’s results has been for improved revenue whilst costs have been contained. The 2014/15 result included the reversal of Council's carbon tax provision of $4.9M.

Table 7 2016 2015 2014 Own Source Operating Revenue 81% 82% 79%

The own source operating revenue ratio measures Council’s reliance on external funding sources such as operating grants and contributions. The recommended benchmark for this ratio is greater than 60%. AlburyCity’s results have been maintained above this benchmark.

Table 8 2016 2015 2014 Unrestricted Current Ratio 3.3 2.7 2.6

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The unrestricted current ratio assesses the adequacy of working capital and the ability of Council to satisfy obligations in the short term. A ratio in excess of 1.5 is considered appropriate. AlburyCity’s results have been maintained above this benchmark.

Table 9 2016 2015 2014 Debt Service Cover Ratio 7% 7% 5%

The debt service cover ratio measures the availability of operating cash to service debt. The recommended minimum benchmark for this ratio is 2%. AlburyCity’s result has been maintained above the benchmark and is in line with the prior year.

Table 10 2016 2015 2014 Rates, Annual Charges, Interest & Extra 11% 11% 12% Charges Outstanding Percentage

This indicator assesses the level of uncollected rates and annual charges. The Office of Local Government recommends a ratio of less than 10% for rural councils. The majority of the outstanding balance relates to the third water bill that was not payable until after year end. The value of arrears has decreased compared to the prior year.

Table 11 2016 2015 2014 Cash Expense Cover Ratio 13.4 9.6 8.5

The cash expense cover ratio indicates the number of months that a Council can continue to pay its operational expenses without additional cash flow. The recommended minimum benchmark for this ratio is 3. AlburyCity is above the benchmark and has improved over the prior year result due to additional restricted funds held including Water Fund $5.6 million and Sewer Fund $8.9 million.

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INFRASTRUCTURE ASSET PERFORMANCE INDICATORS (Special Schedule 7)

Table 12 2016 2015 2014 Infrastructure Renewals Ratio 70% 78% 82%

The building and infrastructure renewals ratio is used to assess the rate at which assets are being renewed relative to the rate at which they are depreciated. The recommended minimum benchmark is 100%. AlburyCity’s result reflects the timing of renewal works of long term infrastructure within the Water and Sewer Funds.

Table 13 2016 2015 2014 Infrastructure Backlog Ratio 3% 3% 4%

The infrastructure backlog ratio indicates the renewal backlog as a proportion of Council’s infrastructure. The benchmark for this ratio is a maximum of 2%. AlburyCity’s estimated infrastructure backlog reflects a low percentage of assets that have been assessed as being in a very poor condition.

Table 14 2016 2015 2014 Asset Maintenance Ratio 82% 101% 133%

The asset maintenance ratio compares actual maintenance expenditure against the required expenditure. A ratio of above 100% indicates that the Council is investing enough funds within the year. Actual maintenance was lower than budget due to road and drain maintenance, parks and recreation maintenance and electricity costs being lower than anticipated.

Table 15 2016 2015 2014 Cost to Bring Assets to Agreed Service 1.7% N/A N/A Level

This new measure reflects the estimated infrastructure backlog as a percentage of gross replacement cost as opposed to written down value as per the infrastructure backlog ratio above.

Risk

 Business Risk – The draft Financial Statements present Council’s financial performance against a number of indicators. The review of services and services levels as part of Council’s Service and Efficiency Review Program continues to provide an opportunity to improve Council’s financially sustainability.  Corporate Risk – The external audit provides assurance that the Financial Statements fairly represent Council’s financial position at year end.  WHS and Public Risk – No risks identified.  Delivery Program Risk – No risks identified

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Community Engagement

In accordance with Section 418 of the Local Government Act 1993, following receipt of the auditor’s reports public notice was given regarding the date for the meeting that Council will consider its audited financial reports and auditor’s reports. Any person may, in accordance with section 420, make submissions to the Council with respect to the Council’s audited financial reports or with respect to the auditor’s reports. Copies of the Council’s audited financial reports, together with the auditor’s reports, must be kept available at the office of the Council for inspection by members of the public on and from the date on which public notice of the holding of the meeting is given and until the day after the meeting. Any public submissions received regarding the financial reports and audit reports will be presented for Council’s consideration.

Options

The draft Financial Statements are presented to Council for review.

Conclusion

The draft consolidated Income Statement for the year ended 30 June 2016 shows a net profit from operations of $14.8 million which is $900,000 better than the prior year result and $6.4 million better than the original budget for the 2015/16 financial year.

AlburyCity has achieved better than break-even operating results in all three funds. Excluding the Water and Sewer Fund operating surplus of $11.3 million the General Fund operating surplus was $3.5 million better than budget, which was mainly due to:

AlburyCity’s Service and Efficiency Review Program continues to contribute to its improved operating results. It is important that Council continue to be proactive in managing its budget to meet financial challenges that Council will face in the future.

Recommendation

That Council:

a. Receive and note the General Purpose Financial Statements, Special Purpose Financial Statements and Special Schedules for the year ended 30 June 2016; b. Note the draft auditor’s reports including the report on the conduct of the audit and the independent audit reports for the year ended 30 June 2016; c. Authorise the Mayor, Deputy Mayor, General Manager and Council’s Responsible Accounting Officer to sign the statement by Councillors and management included within the General Purpose Financial Statements and Special Purpose Financial Statements in accordance with

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 48 AlburyCity - Council Meeting Agenda

the Local Government Act 1993 and the Local Government Code of Accounting Practice and Financial Reporting.

 Attachments:

1. Albury City Council – General Purpose Financial Statements for the year ended 30 June 2016. 2. Draft Crowe Horwath – General Purpose Financial Statements Audit Report. 3. Draft Crowe Horwath – Report on the Conduct of the Audit 2016. 4. Albury City Council – Special Purpose Financial Statements for the year ended 30 June 2016. 5. Draft Crowe Horwath – Special Purpose Financial Statements Audit Report. 6. Albury City Council – Special Schedules for the year ended 30 June 2016. 7. Draft Crowe Horwath – Special Schedule 8 Audit Report. 8. Albury City Council – Financial Result and Budget by Fund 2015/16.

AlburyCity’s external auditor, Mr Bradley Bohun, Partner, Crowe Horwath Albury will be in attendance at the meeting.

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 49 AlburyCity - Council Meeting Agenda

CM14.2. Lavington Sports Ground Redevelopment Provision of Design Services Contract No. 16/01581

DATE 18 October 2016

CONFIDENTIAL No

FURTHER ENQUIRIES TO Ian Redman PHONE 6023 8726 Engineering

Purpose of Report

To recommend a preferred Lead Consultant for the provision of Design Services for the Lavington Sports Ground Redevelopment through a qualitative and quantitative assessment.

Background

The Lavington Sports Ground (LSG) was purchased from the Panthers Group in 2009. Following the purchase a number of upgrades and refurbishments have been considered which led to the development of concept plans for the facility. Council has continued to invest in the facility since 2009 including the purchase of the 4.6ha of land to the east of the facility for the development of additional multipurpose playing fields.

Council has identified the LSG redevelopment as a priority project for the City and allocated funding accordingly and sought to seek matching external funds. Over the past 16 months further consultation has taken place on the master plan for the facility which was formally adopted by Council in April 2016 and identifies in excess of $9.5M of capital upgrades.

In December 2015 Council was successful in receiving $4.025M in funding through Round 2 of the Federal Government’s National Stronger Region Fund for the redevelopment of the LSG and combined with $3.5M committed by Council, $250,000 from the AFL and commitments from the Lavington Panthers Football/Netball and Cricket clubs the major redevelopment of the facility is proposed to formally commence in late 2016. Further funding is still to be sought to enable other elements of the master plan to be completed in the coming years.

In line with the project plan, construction schedule and the Federal Funding Agreement this project will be delivered via six separate tender processes with the Provision of Design Services being the initial tender for the project. The other processes to follow include:

 Tender for power upgrade construction;  Tender for demolition and earthworks (area for additional playing fields and amenities);  Tender for construction of additional playing fields and associated infrastructure;  Tender for new amenities building; and  Tender for construction of grandstand works.

The $8M redevelopment includes a major upgrade of the existing facility and the addition of new playing fields and amenities building to the east. This will result in a regional sporting facility meeting the requirements for national sporting matches, as well as local, regional, state and national carnivals, community sport and other events.

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The scope of this contract is for the provision of professional services for the detailed design, estimate of costs and development of construction documentation and specifications for the delivery of the LSG Complex redevelopment.

The successful lead consultant will be required to prepare and submit all documentation necessary by Council for the issuing of a Construction Certificate for the proposed delivery stages of the project.

The lead consultant will also be responsible for the direct engagement and co-ordination of all professional/specialist services necessary to undertake the requirements of this contract.

All specific design services and components to be delivered for the redevelopment in this stage of the works are detailed in the LSG master plan and include:

 Underground relocation and upgrade of Power Supply;  Demolition and Earthworks of 745 Centaur Road or Lot A DP 328923;  Multipurpose Playing Field and Cricket Facilities;  Amenities Building;  Grandstand Upgrade;  Grandstand Car Park; and  Supervision during above stages of Construction.

Tenders for the provision of Design Services for the Lavington Sports Ground Redevelopment were invited and advertised in the Border Mail, Sydney Morning Herald and on Tenderlink. Tenders closed at 12 noon on 27 September 2016.

Tender Evaluation

At the close of tenders, a total of three submissions were received from the following companies:

 Clarke Keller Pty Ltd;  Teilion Pty Ltd (Architects); and  James O. Millar Pty Ltd (JMA Architects).

All tenders were evaluated in accordance with Council’s Procurement Policy and Guidelines. The assessment panel for the tender comprised Procurement & Contract Management Coordinator – Gerard Coyle, Team Leader Design - Ian Redman, Team Leader Leisure Facilities – Michael Stanton and Team Leader Parks and Recreation – David Armstrong.

Conformity Check

A conformity assessment was undertaken to ensure all submissions received were in accordance with the contract documentation and specification.

Items in the conformity check included:

 vendor company details;  all specifications addressed;  provision of certificates of currency in various insurances including public liability, professional indemnity, and workers compensation, or the undertaking to provide same;  a completed AlburyCity Workplace Health and Safety package or provision of their own;  a schedule of personnel;  a schedule of company experiences including referees;

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 provision of a detailed construction program;  a schedule of proposed sub-contractors;  a schedule of hourly rates for variations; and  provision of a lump sum.

Company Pricing Details Supporting WHS Comment Information Documentation Clarke Keller    Fully Complies Teilion Architects    Fully Complies JMA Architects    Fully Complies

The conformity check showed all three submissions to be compliant, supplying the required documentation and therefore were considered further in the tender evaluation process.

Qualitative Assessment

A qualitative assessment considered a range of issues including:

 capability including ability and experience in performing the specified services (sportsfield and recreational building designs, production of tender documentation) and availability and suitable resources (personnel, site supervision experience);  the works program;  referees – performance on previous projects; and  management systems including Quality Assurance, WHS compliance, Innovation and compliance with specification.

Capability Works Management Referees Total (max 35) Program Systems (max 10) (max 100) (max 25) (max 30) Clarke Keller Pty Ltd 30.5 22.5 28 8 89 Teilion Architects 29 20 19 9 77 JMA Architects 25 20 21 8 74

Clarke Keller Pty Ltd

This is a mid-scale, well-credentialed architectural practice based in Canberra whom has been engaged on a number of projects locally in Albury and also in Wagga. Clarke Keller Pty Ltd is currently providing architectural services to Council on the Albury Airport Terminal project.

They have successfully completed relevant projects including an upgrade of facilities at Woden Park, ACT and a new Multi-Purpose Hall at Trinity Anglican College, Thurgoona and are currently involved with projects at Shoalhaven Indoor Sports Centre and an upgrade of Philip Oval, ACT.

The company principal’s (David Clarke) familiarity with the area is demonstrated by nominating local firms, Wright Barrat and the Building Services Group (BSG) as specialist consultants which for logistical reasons is seen to be a significant benefit for the project.

Clarke Keller Pty Ltd has nominated Enviro Links Design as their Landscape Architect/Sportsfield Design Consultant. Enviro Links Design has demonstrated sports field design credentials successfully producing the Albury Trinity College main AFL/cricket Oval Master Plan and Grading Plan and similarly at Marist College Lindwall Oval, ACT. In their submission Enviro Links Design and their nominated specialist sub-consultant, Total Irrigation Designers has provided specific information on

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how they will approach the project including options for water harvesting and use of recycled sub- surface drainage water.

Clarke Keller Pty Ltd has obtained ISO 9001:2008 Quality Management Systems certification for Architectural Services and Contract Administration.

Clarke Keller Pty Ltd's program for submission of documentation exceeds the timeframes specified for each of the five separate stages, with tender documents delivered up to 12 weeks early and construction documents three weeks early. Clarke Keller Pty Ltd's submitted program shows workflow methodology and is clear and concise in identifying key project milestones.

Clarke Keller Pty Ltd’s submission nominated seven referees in the Schedule of Experience. All referees contacted spoke highly of David Clarke and his team, particularly around their capability and this is reflected in their score.

Teilion Pty Ltd (Architects)

Teilion Architects is a small architectural practice based in Albury whom has successfully completed a number of projects for Council. Teilion Architects, Mr Rob Simmons was engaged to provide concept plans and helped develop the Master Plan for the LSG Complex redevelopment.

Teilion Architects has completed a number of large projects locally and has been involved in a similar capacity as lead consultant on the Commercial Club Golf Course in Albury, however, they have limited experience in sporting venues in comparison to the level of the other submissions.

In their submission Teilion Architects also nominated local consultants in Belvoir Consulting Engineers the Building Services Group (BSG) and Spiire which for logistical reasons is again seen to be a significant benefit for the project.

Teilion Architects nominated SportEng as their Civil Engineer/Sportsfield Design Consultant whom are a specialist consultancy from Melbourne with extensive experience in this field having worked on a number of AFL clubs training facilities. Teilion Architects, however, have not worked with SportsEng on prior projects.

Teilion Architects failed to submit any information with regards to Quality Management Systems. In their submission they indicated delivery of documents for construction elements would be three weeks earlier than specified, with tender documents as per the specified timeframes. Teilion Architects did not submit a program showing workflow methodology etc.

Tellion Architects’s submission nominated three referees. Referees contacted spoke highly of Rob Simmons and his team and this is reflected in their score.

James O. Millar Pty Ltd (JMA Architects)

JMA Architects is a small-medium architectural practice based in Melbourne whom have successfully completed relevant sporting and leisure facilities for a number of other councils in Victoria including the construction of a new sports pavilion, gymnasium hall and community centre at HP Barr Reserve, Wangaratta and has been recently engaged by AFL Victoria for a new state level football and recreation facility at Kilsyth. JMA Architects has also partnered with the AFL to prepare the AFL pavilion Unisex Design Review and with Cricket Australia to develop their National Guidelines.

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JMA Architects submission nominates a number of services consultants that are based in Melbourne and Victoria which is felt to be disadvantageous especially during the construction phases.

2MH Consulting is nominated by JMA Architects as their Sportsfield Design Consultant whom have demonstrated relevant experience by successfully completing a new sports oval to cater for multi- disciplinary use including AFL, Cricket and Soccer in Romsey, Victoria for Macedon Ranges Shire Council.

JMA Architects has a Quality Control policy but is not ISO 9001:2008 certified.

JMA Architects' program for submission of documentation was in line with timeframes specified for each of the five separate stages. JMA Architects' submitted program shows workflow methodology and is clear and concise in identifying key project milestones.

JMA Architects submission nominated ten referees. All referees spoke highly of the team and this is also reflected in their score.

From the qualitative assessment all tenderers were deemed to have the necessary resources, systems, methodology and capability to successfully undertake this project.

Quantitative Assessment

The quantitative assessment considered the financial aspects of the tender and is tabulated below.

Tenderer Tendered Lump Sum $ (incl. GST) Assessment Score (Max. 100) Clarke Keller Pty Ltd 629,937.00 100 Teilion Architects 635,767.00 99 JMA Architects 678,951.35 93

For a project of this scope and complexity it is difficult to determine the design component, but Council estimated it to be in the range of between 7.5% and 10% of the total project cost. On this basis, the design budget is in the range of $594,000 to $792,000 and as shown on the above table, all tenderers have submitted prices in the middle of this range.

The above table ostensibly shows that Clarke Keller Pty Ltd is offering the lowest total lump sum tender, with the next lowest from Teilion Pty Ltd only $5,830 (including GST) less expensive. There is then a more significant price rise of $49,014 (including GST) to the third highest price, offered by James O. Millar Pty Ltd (JMA Architects), and so it is considered that from a monetary point of view this analysis needs to distinguish between Clarke Keller Pty Ltd and Teilion Pty Ltd.

Clarke Keller Pty Ltd states that four consultation meetings with Council has been allowed for within their lump sum tender and additional site visits will be charged, inclusive of all travel and disbursements. They have indicated that they travel to Albury regularly and if project meetings can be co-ordinated to correlate with other meetings, then travel disbursements will be shared (at cost). This certainly can be achieved given that Clarke Keller Pty Ltd is currently engaged by Council as the lead architect on the Albury Airport Terminal expansion contract.

Teilion Pty Ltd is based here in Albury and has not indicated an allowance amount for meetings with Council. It would be prudent to assume that a similar amount of meetings has been allowed for and the need for travel and disbursements expense is negated by them being based locally here in Albury.

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Comparing the monetary value of excluded and included site visits allowed and the impost of disbursements between Clarke Keller Pty Ltd and Teilion Pty Ltd is extremely difficult as it will be largely dependent on the attendance required (in time and by whom) for unknown issues encountered as the project progresses.

In considering the above issues, for the purposes of the quantitative tender evaluation, the tendered total lump sums from Clarke Keller Pty Ltd and Teilion Pty Ltd can be assumed to be monetarily equivalent.

Summary

The summary scores for the qualitative and quantitative assessments is shown in the following table:

Tenderer Qualitative Score Quantitative Score Clarke Keller 89 100 Teilion Architects 77 99 JMA Architects 74 93

The quantitative assessment was extremely competitive with little separating Clarke Keller Pty Ltd and Teilion Architects.

The qualitative assessment of the submitted tenders shows that all three architectural firms demonstrate the capacity to fulfil the requirements of the project although, as reflected in their respective scores, there is some variability in their submitted delivery programs, management systems and nominated sub-consultants.

Clarke Keller Pty Ltd, being the largest of the three submitted architectural firms is deemed advantageous when considering their capacity to meet the specified timeframes and is reflected in their submission with a superior delivery program.

Clarke Keller Pty Ltd Quality Assurance ISO 9001:2008 accreditation is a preference for Council as it shows that they have a clear and concise process for the delivery of documentation, ensuring compliance with the specification is achieved.

Clarke Keller Pty Ltd has proven ability in delivering relevant projects in the sporting field to a similar scale, worked with all of their nominated sub-consultants whom are predominately local and their familiarity with the local area means that the tender review panel members consider the submission from Clarke Keller Pty Ltd offers Council the best value.

Conclusion

This tender for the Provision of Design Services for the Lavington Sports Ground Redevelopment is required to advance the current master plan up to detailed construction drawings to allow for a Construction Certificate to be applied for and then for construction to proceed to meet the requirements of the terms for the grant secured with the Federal Government.

Through an open tender process, three conforming submissions were received from architectural firms. In accordance with Council’s Procurement Policy and Guidelines, these tenders were evaluated under a qualitative and quantitative assessment regime which sought to identify the best value tender being offered to Council.

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On the basis outlined above, the tender from Clarke Keller Pty Ltd is recommended to Council.

Recommendation

That Council accept the tender from Clarke Keller Pty Ltd for Contract No. 16/01581, Lavington Sports Ground Redevelopment - Provision of Design Services in the lump sum amount of $629,937 (including GST).

 Attachments 1. Lavington Sports Ground Master Plan Final Concept Drawing.

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CM14.3. Development Application 10.2016.34884.1 – Lavington Sports Ground Redevelopment - Stage 2

DATE 17 October 2016

CONFIDENTIAL No

FURTHER ENQUIRIES TO David Christy PHONE 6023 8290 Planning & Environment

Purpose of Report

The purpose of this report is to inform Council of the findings of an independent assessment of a Development Application for Stage 2 of the Lavington Sports Ground Redevelopment. The development proposal includes the following works:

Ground facilities

 Secure carpark for 27 cars/broadcast vehicles;  Sound buffer between car park and adjoining residence;  On-street and off-street parking opposite the site in Hanna Street to remain;  Upgrades to entry and buildings in Hanna Street;  Additional concrete terraces and seating for disabled;  Paved walkways for pedestrians and wheelchairs;  Concrete paving from grandstand to new amenities;  Residence in south west corner to be demolished for netball facility upgrades;  Additional tiered seating at netball court;  Upgrades to existing toilets and kiosk; and  Removal of bar.

Grandstand complex

 Refurbishment to meet national sporting standards, including: o Renovation of basement change rooms/umpire rooms; and o First floor club rooms.  Additions at rear, including: o Lift and lobby at basement car park; o Access improvements; o Additional restroom and medical room facilities; and o Function and kitchen at second floor level.  Additions to east, including: o Covered seating for 300 from ground to first floor level; o Two unisex change rooms at ground floor; o Groundkeeper storeroom; o Media box at first floor level; o Hospitality/administration boxes at second floor level; and o Coach, timekeeper and umpire rooms at second floor.

These works are identified as items 4a-5c in the Lavington Sports Ground Masterplan, which was recently publicly exhibited and adopted by Council. The value of works is estimated at $4.7M and

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therefore is to be determined by Council and not the Southern Region Joint Regional Planning Panel as it is below the required threshold.

Separate Development Consent 10.2016.34774.1 was recently granted by Council on 22 August 2016 for Stage 1 of the Lavington Sports Ground Redevelopment. Stage 1 includes items 1a-3k in the Lavington Sports Ground Masterplan, which involves the following:

 Demolition of existing dwelling and outbuildings;  New Multipurpose Oval;  New amenities building;  Carparking;  Vegetation removal;  Sportsfield and outdoor lighting;  Playground, bbq & shelter areas; and  Site landscaping.

Background

Council is in receipt of Development Application 10.2016.34884.1 for Lavington Sports Ground Redevelopment – Stage 2 at 514 Hanna Street and 774 Pearsall Street, Hamilton Valley. The application was received on 6 September 2016.

The application was accompanied by plans for the development, drawn by Teilion Architects, dated December 2015 and April 2016 and a Statement of Environmental Effects prepared by Habitat Planning dated September 2016. This information is provided with this report and marked as Attachment 1.

Due to the Council’s ownership and management of the land and facility, there is a potential conflict of interest in the determination of the application. To ensure probity in the assessment process, Council has engaged an independent planning consultant to undertake the assessment of the proposed development. This independent assessment was undertaken by EDM Group and is marked as Attachment 2.

Council Plans and Council Policies

The following Council Policies are relevant to the application:

 Albury Local Environmental Plan 2010; and  Albury Development Control Plan 2010.

Legislation

This application has been assessed in accordance with the Albury Local Environmental Plan 2010, relevant chapters of Albury Development Control Plan 2010 and section 79C of the Environmental Planning and Assessment Act 1979.

Environmental Assessment

An independent assessment of the Development Application has been undertaken and is presented with this report for consideration by Council. This independent assessment considers potential environmental impacts and assessment of the proposal against state and local planning policies and

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requirements. A copy of the Assessment Report by EDM Group is attached for the information of Councillors and marked as Attachment 2.

Issues

Due to Council’s ownership of the property and being the applicant for the project, a conflict of interest has been identified and in response a planning consultant was appointed to assess the application. All appropriate and relevant issues or concerns have been considered and addressed in the independent planning consultant’s report.

Risk

 Business Risk - AlburyCity is the owner of the proposed redevelopment site. The development is consistent with the recently exhibited and adopted Lavington Sports Ground Masterplan and comprises items 4a-5c of this Masterplan. The redevelopment of the Lavington Sports Ground is a key component of the provision of open space by Council on a regional and local basis and is to cater for use by local sporting groups and major events. No major business risk is identified as the proposal is consistent with the Masterplan and Council's long-term financial plan and strategies.

 Corporate Risk - Council could be seen by the public to have a conflict of interest as they are the owner of the land, proponent for the development and the determining authority. This has been appropriately dealt with by the commission of an independent planning assessment of the proposal.

 WHS & Public Risk - There are no significant WHS or Public Risk Issues.

 Delivery Program Risk - The proposed development will assist in the delivery of recreation facilities and event opportunities in Albury. The development proposed in this application will facilitate the outcomes and objectives of the recently adopted Lavington Sports Ground Masterplan. The redevelopment is included in Council’s four year delivery program.

Community Engagement

The application was notified in accordance with the Development Notification Provisions contained in the Albury Development Control Plan 2010 and the requirements of the Environmental Planning and Assessment Act, 1979, and the Environmental Planning and Assessment Regulations 2000, which required a minimum notification period of seven days. The notification period commenced on 9 September 2016 and concluded on 21 September 2016. One (1) submission was received during this time. The issues raised in the submission have been considered in the independent assessment report by EDM.

The submission did not object to the proposal but raised concerns in regards to the parking of Outside Broadcast vehicles. EDM considered the submission and included the following comment:

“The DA was advertised in accordance with Council policy and a submission was received in respect of the proposal. Although not an objection as such, the submission raises an issue with respect to the proximity of outside broadcast (OB) vehicle parking as indicated on the exhibited Grandstand Aerial Plan. This plan shows a schematic of an OB vehicle parked adjacent to the residential property at No.771 Centaur Road. Based on past experience, the submitter notes the likely amenity impacts associated with generator noise if OB vehicles are parked any closer to the residence at No.771 Centaur Road than is currently

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the case with vehicles being parked closer to the Hanna Street frontage. The submission proposes that an acceptable outcome would be one where such vehicles continue to be designated to park in the current location utilised for OB rather than the site along the property boundary. On balance this appears to be a reasonable request however it is noted that the operational preference is to actually get the OB facilities located inside the ground and set up along the northern wing of the Grandstand rather than within the carpark. The significant set up issues associated with cables etc which need to be run to cameras and commentary areas mean that the carpark area is not a preferred location. As a consequence the carpark would only be required as a backup arrangement only. Wherever possible it is intended that OB vehicles will be parked on the northern side of Grandstand and to the south of the rear property boundary. If however the carpark was required OB could instead be directed to the southern area closer to the Grandstand Basement and away from the adjoining residence.”

Options

Council has the following options in determining the application:

1. Approve the application; 2. Approve the application, subject to the attached (or amended) conditions (see Attachment 3); 3. Defer the application for further information; or 4. Refuse the application.

Option 2 is recommended by EDM as there were no significant issues identified in the independent assessment of the application.

Conclusion

Council is required to determine a Development Application for Lavington Sports Ground Redevelopment – Stage 2 at 774 Pearsall Street and 514 Hanna Street, Hamilton Valley, being Development Application 10.2016.34884.1.

An independent planning consultant's report has been included with this report to assist Council in its deliberations. The independent report recommends approval of the proposal subject to the draft conditions of consent contained in Attachment 3.

It is recommended that Council approve the application as per the recommendations of the independent town planning consultant.

Recommendation

That Council:

1. Receive and note the report for Development Application 10.2016.34884.1 – Lavington Sports Ground Redevelopment – Stage 2; and 2. Grant Development Consent for Development Application 10.2016.34884.1, subject to the conditions contained in the draft Determination (Attachment 3).

 Attachments 1. Plans and Statement of Environmental Effects. 2. Independent Planning Assessment Report prepared by EDM Consultants and dated October 2016. 3. Draft Determination.

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CM14.4. Encroachment on Council Land Policy (Consideration of Submissions)

DATE 10 October 2016

CONFIDENTIAL No

FURTHER ENQUIRIES TO Matt Johnson PHONE 6023 8173 Planning & Environment

Purpose of Report

The purpose of this report is to inform Council that the public exhibition of the draft Council policy for the Encroachment on Council Land, has concluded. The policy provides for the installation and erection of buildings, such as awnings or verandahs, over Council land such as footpaths and the use of the structures.

The exhibition period ran from 27 August to 23 September 2016. No submissions were received by Council in response to the public exhibition process.

Accordingly, this report is now forwarded for the further consideration of Council seeking endorsement of the draft Council policy and several consequential changes to the Albury Development Control Plan 2010, Council’s Street and Outdoor Activities Policy 2012, as well as AlburyCity’s Fees and Charges Schedule 2016-2017.

Background

An outline of the draft Encroachment on Council Land Policy was previously reported to the Planning and Development Committee meeting held on Monday 15 August 2016 (Attachment 1).

This report outlined the reasons for the policy, being to formalise how Council will assess, manage and regulate the encroachment and use of structures within Council’s land.

As a result of the draft Encroachment on Council Land Policy, this report also outlined that several consequential changes will need to be made to the Albury Development Control Plan 2010 (ADCP 2010), Council’s Street and Outdoor Activities Policy 2012, as well as AlburyCity’s Fees and Charges Schedule 2016-2017.

At the Ordinary Council Meeting held on Monday 22 August 2016, Council resolved to endorse and publicly exhibit the draft Encroachment on Council Land Policy, as well as a number of consequential changes to ADCP 2010, Council’s Street and Outdoor Activities Policy 2012, as well as AlburyCity’s Fees and Charges Schedule 2016-2017.

Consequently, the draft Encroachment on Council Land Policy and supporting documentation were publicly exhibited for a minimum period of 28 days, commencing Saturday 27 August 2016 and concluding Friday 23 September 2016.

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Issues

The preparation of the draft Encroachment on Council Land Policy, and supporting amendments to ADCP 2010, Council’s Street and Outdoor Activities Policy 2012, and AlburyCity’s Fees and Charges Schedule 2016-2017 are consistent with the strategic actions of Albury 2030 and do not derogate from the aims and objectives of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Local Government Act 1993 and Roads Act 1993.

Community Engagement

AlburyCity sought to publicise the exhibition of the draft Encroachment on Council Land Policy and supporting documentation in the interests of informing the community, generating awareness and encouraging feedback.

A Communications Plan was developed to guide consultation undertaken during public exhibition to ensure that the most effective methods and processes were utilised to facilitate community engagement in seeking stakeholder and community input.

The public exhibition period commenced on Saturday 27 August 2016 and concluded on Friday 23 September 2016.

AlburyCity has publicised the exhibition of the draft Encroachment on Council Land Policy and supporting documentation in the interests of informing the community, generating awareness and encouraging feedback.

The publicity campaign has involved the following:

 Notification letters dispatched to key stakeholders and interested parties prior to exhibition commencement;  Public notice published in the Border Mail;  Static displays containing all exhibition material for viewing purposes in the foyer of the Council Administration Building, LibraryMuseum and Lavington Library;  All exhibition material being made available on the AlburyCity website including the ability to make an electronic submission; and  Council staff available (on demand or by appointment) to assist with any enquiries relating to the draft Policy.

Discussion

In response to the public exhibition, no written submissions or enquiries were received in relation to the draft Encroachment on Council Land Policy and supporting consequential changes to other Council policy documents from members of the general public.

Notwithstanding, a number of minor amendments are proposed to be made to the draft Encroachment on Council Land Policy following further consultation and received from Council’s legal advisers, Kell Moore. These changes do not change the purpose or intent of the draft Encroachment on Council Land Policy and only seek to ensure consistency with Council’s Licence Agreement – Encroaching Structures.

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Council does not propose to undertake any further changes to the consequential amendments to ADCP 2010 and AlburyCity’s Fees and Charges Schedule 2016-2017 as previously exhibited.

Risk  Business Risk - At present, AlburyCity has no formalised policy for the encroachment of structures over Council land. Council now has an opportunity to promote and regulate the use of public space in recognition of the public value of this land. Accordingly, it is considered appropriate that a formalised policy be adopted to provide a standardised approach to how Council controls the encroachment of its land.

 Corporate Risk - As Council has no standardised/formalised approach to manage and control the encroachment of structures on Council’s land, there is a risk that this could vary from development to development. Accordingly, it is considered appropriate that a formalised policy be adopted to provide a standardised approach to how Council manages and regulates these structures and uses.

 WHS and Public Risk - Building over public land has the potential to create issues of risk during both the construction and use of these structures. Section 140 of the Roads Act 1993 requires that any person who has a right to control, use or gain benefit of a structure on or over a public road must maintain such a structure in a satisfactory state of repair.

Accordingly, one of the conditions of the draft Encroachment on Council Land Policy requires the need to obtain public liability insurance to the value of $20M. In addition, the draft Policy also requires the lodgement of a structural engineer’s certificate upon completion of the structure, as well as every subsequent five year period from a certified practising engineer verifying that any building encroachment or structure is structurally sound and complies with the Building Code of Australia.

Options

Council has the following options in relation to this report:

1. Endorse the draft Encroachment on Council Land Policy (as amended) and undertake a number of consequential amendments to ADCP 2010 and Council’s Fees and Charges Schedule (as exhibited) and as detailed within this report; or 2. Not endorse the draft Encroachment on Council Land Policy and associated consequential amendments to ADCP 2010 and Council’s Fees and Charges Schedule; or 3. Take no action regarding a policy management framework for encroaching structures and rely on the existing Street and Outdoor Activities Policy 2012.

In this instance, it is recommended that Council proceed with Option 1 for the reasons outlined earlier in this report.

Conclusion

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As previously reported, the draft Encroachment on Council Land Policy seeks to formalise how Council will assess, manage and regulate the encroachment and use of structures within Council’s land.

The encroachment and use of Council land can have both public and private benefits for the wider community and individual business owners alike. At present, however, the way Council regulates the encroachment and use of structures within Council’s land is limited and ad-hoc. There is a need for Council to formalise how it will assess, manage and regulate the use of this public land. Accordingly, Council has prepared the Encroachment on Council Land Policy.

Having received no submissions as a result of the public exhibition process, it is now considered appropriate to endorse the draft Encroachment on Council Land Policy (as amended).

It is also requested that Council endorse a number of consequential changes to Sections 11.6.2, 11.7.20 and 11.7.35 of ADCP 2010, Council’s current Fees and Charges Schedule, as well as a future review of Council’s Street and Outdoor Activities Policy 2012, so as to ensure consistency between existing Council Policy documents and the draft Encroachment on Council Land Policy.

Recommendation

It is recommended that Council:

a. Finalise the Encroachment on Council Land Policy (as amended) and place this policy on the Public Policy Register; b. Amend to Sections 11.6.2, 11.7.20 and 11.7.35 of the Albury Development Control Plan 2010 (as exhibited), as they relate to awnings, verandahs and balconies; c. Amend Council’s Fees and Charges Schedule 2016-2017 to include provisions for Encroachments on Public Land; and d. Undertake a consequential amendment to Council’s Street & Outdoor Activities Policy 2012 reflecting the provisions of the Encroachment on Council Land Policy.

 Attachments

1. Planning & Development Committee Report – 7A Encroachment on Council Land Policy dated Monday 15 August 2016. 2. Draft Encroachment on Council Land Policy. 3. Draft Amendment to Albury Development Control Plan 2010 – Building Encroachments on Council Land. 4. Revised Fees and Charges Schedule 2016-2017.

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 64 AlburyCity - Council Meeting Agenda

CM14.5. Review of 2016-17 AlburyCity Committees and Working Parties Register

DATE 14 October 2016

CONFIDENTIAL No

FURTHER ENQUIRIES TO Frank Zaknich PHONE 6023 8755 Executive Services

Purpose of Report

To present the revised Committees and Working Parties Register for review, determination of memberships and formal adoption by Council.

Background

Councillors annually resolve their membership or representation on various committees and working parties.

Issues

Council currently maintains a Committees and Working Parties Register to document the committees that Council operates and participates in, the Councillor/s representing AlburyCity and the employees on these committees.

Attached is the draft 2016/17 AlburyCity Committees and Working Parties Register which has been updated following the Councillor Workshop on 10 October 2016, for Council to review prior to membership for 2016/17 being resolved at this meeting.

Changes reflecting proposed Councillor representation have been tracked in the attached document. Councillors may express an interest in positions or otherwise at the Council Meeting discussion. Where more than one Councillor has expressed an interest in a committee, Council will elect its representative by open voting (show of hands).

Councillors should note that the organisations that are seeking an AlburyCity representative are on pages 17-20 of the Register. It is each Councillor’s individual choice as to whether they wish to be an executive on an outside entity.

Councillors also need to be aware that if they attend an association as a member representative, then are elected to the executive committee that they have additional legal responsibilities beyond their role as a Councillor and must formally advise Council so that the register can be updated.

Conclusion

Councillors have a further opportunity to review the membership of the Committees and Working Parties Register and elect representatives where more than one Councillor has expressed interest in a role.

Recommendation

That Council:

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 65 AlburyCity - Council Meeting Agenda a. adopt the revised 2016/17 AlburyCity Committees and Working Parties Register at this meeting; and b. elect its representative to the following Committees, where more than one Councillor has expressed an interest; i. Albury Liquor Accord; ii. Uiver Community Board of Trustees; and iii. Any other Committee advised at this meeting.

Attachments

1. Draft 2016/17 Committees and Working Parties Register.

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 66 AlburyCity - Council Meeting Agenda

CM14.6. Independent Review of Regional Development Australia (RDA) Programme

DATE 18 October 2016

CONFIDENTIAL No

FURTHER ENQUIRIES TO Tracey Squire PHONE 8276 Economic Development & Tourism

Purpose of Report

To seek Council’s endorsement of a submission to the Australian Government review of the Regional Development Australia (RDA) programme.

Background

The Australian Government recently advised it is undertaking a review of the RDA programme. Key information presented on the RDA website in relation to the review is provided below:

“The Regional Development Australia (RDA) programme funds 55 RDA committees that bring together local leaders who work with state and local governments as well as regional stakeholders to develop economic plans for their region. RDAs also work with stakeholders to support the development of robust proposals for funding (government and private sector) as appropriate. RDAs promote awareness of, and access to, Australian Government programmes.

Objective of the Independent Review To examine the effectiveness of the RDA programme in delivering the Australian Government's regional agenda and make recommendations regarding its future scope, structure and delivery model, in light of developments in the Australian Government's regional agenda. The review will research, consider and report on three themes.

 Alignment with the Australian Government policy objectives (including the smaller government agenda) now and into the future. This will include consideration of: o whether the current RDA programme framework is appropriate for delivery of the Australian Government's regional agenda, considering new initiatives; state and territory regional policy agendas; and implementation mechanisms and changes to regional programmes.

 The RDA programme framework, including the: o value of RDA Committees' outputs and measures of success; o purpose and structure of the Chairs Reference Group; o funding model/formula for the programme (including historic and future allocations, state co-funding and potential collaborative arrangements); o number of RDAs and their boundaries (including processes to alter them, and whether capital cities and external territories should be included); o desire to minimise any duplication of activities between other bodies in states and territories (including Joint/Regional Organisations of Councils, Regional Development Commissions, etc.); and o RDA Committees' role in both promoting access to programmes and assisting proponents to develop proposals.

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 The governance and administration of the programme, including: o whether RDA Committees can manage their internal governance appropriately within the current structure; o whether appointment processes are appointing appropriately skilled committee members; o RDA Committee membership and appointment arrangements, with a focus on simplifying the administrative processes involved in appointing RDA members; o how government can best support and administer the RDA programme, including evaluation processes, data collection and staff resourcing; and o any other opportunities for reducing the administrative burden imposed on RDA Committees and government in delivering the RDA programme”.

The Australian Government has confirmed that it has appointed an independent consultant to undertake the review.

Issues

In July Council endorsed an online submission to the NSW Office of Local Government in response to a Joint Organisations (JO) Background Paper.

In providing feedback on the optional functions that could be undertaken by JO’s Council responded that:

“Each JO should have the freedom and flexibility to determine what its optional functions might be, however it is not expected that JO’s will become ‘another’ tier of government. Their focus should remain strategic and consider all issues and opportunities associated with the growth and development of the region as a whole. The creation of JO’s arguably significantly reduces or eliminates the value proposition of the Regional Development Australia (RDA’s) network, given JO’s will be charged with many of the responsibilities originally intended to be fulfilled by RDA’s. To date the effectiveness of RDA’s has been varied, as has the alignment of priorities with Community Strategic Plans. Accordingly the existing RDA network should be dismantled and funding currently provided by the NSW government to support that network should be redirected to JO’s. This will ensure a fully integrated approach to strategic planning and economic development across each region whilst still allowing for engagement of skills based working groups or sub-committees to deliver programs, activities or initiatives. This source of funding provides an avenue for ongoing State Government support to JO’s without impacting on existing budgets, and demonstrates its recognition of the value and efficiencies that JO’s present to its efforts to improve collaboration and integration with local government”.

Council also included in that submission that utilising the proposed JO network in NSW as an alternative to a standalone RDA network would maximise efficiency in terms of financial and resource investment.

The terms of reference for this review are quite detailed and relate to a number of operational aspects of RDA’s. In this regard the General Manager and Director Economic Development and Tourism have completed the online survey to provide responses where relevant to AlburyCity.

The attached draft submission (Attachment 1) is presented for Council’s consideration, comment, and endorsement if appropriate.

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Risk

 Business Risk – There is no business risk associated with Council’s submission to the review process.  Corporate Risk - Council has a responsibility to contribute to reviews of programmes or initiatives that affect or could enhance the local and regional community.  WHS and Public Risk - There are no WHS or Public risks associated with preparation and lodgement of this submission.  Delivery Program Risk - There is no Delivery Program Risk associated with Council’s submission to the review process.

Community Engagement

There has been no community engagement in relation to the preparation of Council’s submission in response to this review.

Any member of the community can contribute to the review process by way of a submission. A range of key stakeholders have also been targeted to participate in an online survey.

Options

1. Endorse the draft submission; or 2. Amend the draft submission; or 3. Determine not to lodge a submission.

Conclusion

The Australian Government is undertaking a review of its Regional Development Australia (RDA) programme.

Council has been invited to prepare and lodge a submission in response by the closing date of Friday 28 October 2016. A draft submission (Attachment 1) has been prepared and presented to Council for consideration, comment and endorsement if appropriate.

Recommendation

That Council endorse the draft submission in response to the Independent Review of the Regional Development Australia programme.

 Attachments 1. Draft submission to Independent Review of RDA Programme (DOC16/240548).

Agenda - AlburyCity Council Meeting – Monday 24 October 2016 69 AlburyCity - Council Meeting Agenda

CM14.7. Review of the Local Government Rating System

DATE 18 October 2016

CONFIDENTIAL No

FURTHER ENQUIRIES TO Justin Finlayson PHONE 6023 8153 Executive Services

Purpose

The report presents the Review of the Local Government Rating System Draft Report prepared by the Independent Pricing and Regulatory Tribunal and AlburyCity’s draft response.

Background

Review of the Local Government Rating System In December 2015, the Independent Pricing and Regulatory Tribunal (IPART) was requested by the Premier to conduct a review of the local government rating system in NSW. In April 2016, IPART released an issues paper regarding their review of the local government rating system (refer Attachment 1) and invited submissions (refer Attachment 2 for AlburyCity’s response). After considering the submission received, IPART has now released its Draft Report (refer Attachment 3) for comment before its Final Report is provided to the State Government in December 2016.

The review seeks to design a rating system that would collect revenue more equitably and efficiently from ratepayers. It includes reviewing the valuation method used to calculate rates, exemptions and rating categories. The draft proposals by IPART are not designed to increase the overall rates collected by councils. In conducting the review IPART have consulted stakeholders, analysed the current rating system and assessed its performance against the key taxation principles of efficiency, equity, simplicity, sustainability and competitive neutrality. IPART have also compared the NSW rating system to best-practice policies in other jurisdictions.

This review is part of the State Government’s ongoing process of review and reform, aimed at improving local government’s strength and effectiveness. Among other things, this process has included the Independent Local Government Review Panel’s wide-ranging review and recommendations in 2013, and the NSW Government’s response to these recommendations, including its Fit for the Future reform package in 2014, and proposals to create new councils by merging existing councils.

In 2011, local councils from throughout NSW gathered for the Destination 2036 summit, to plan how local government could meet the challenges of the future. Councils all agreed that change was needed, but there were various views as to how this could best be achieved. Following Destination 2036, the (then) Local Government and Shires Associations asked the Minister to appoint an Independent Local Government Review Panel to develop options to improve the strength and effectiveness of local government in NSW. The Local Government Acts Taskforce was also appointed to review the Local Government Act 1993 (Act).

Outlined below are both AlburyCity’s and the NSW Government’s responses to recommendations made by the Independent Local Government Review Panel and also the Local Government Acts Taskforce regarding the local government rating system.

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Independent Local Government Review Panel - Recommendation that the rating system be further reviewed by IPART That IPART be commissioned to undertake a further review of the rating system focused on:

 Options to reduce or remove excessive exemptions and concessions that are contrary to sound fiscal policy and jeopardise councils long term sustainability; and  More equitable rating of apartments and other multi-unit dwellings, including giving councils the option of rating residential properties on Capital Improved Values, with a view to raising additional revenues where affordable.

AlburyCity’s Response – Recommendation supported Council is very supportive of a review of the rating system to reduce or remove excessive exemptions and concessions to ensure these reflect contemporary situations. Council’s view is that should there be a reduction in the number of ratepayers that are eligible for exemptions and that there is a commensurate increase in the Council’s notional yield rather than a redistribution of the existing yield.

Government Response - Position Supported The Government notes the issues raised by the Panel in relation to the equity of the current rating system. It remains committed, however, to protecting ratepayers from unfair rate rises and to providing rate concessions for pensioners. The Government will commission IPART to conduct a rating review to reflect these issues.

Independent Local Government Review Panel - Recommendation on rate pegging Either replace rate-pegging with a new system of ‘rate benchmarking’ or streamline current arrangements to remove unwarranted complexity, costs and constraints to sound financial management.

AlburyCity’s Response – Recommendation supported Council prefers the model of streamlining current rate arrangements.

Government Response - Position Supported The Government is committed to a rating system that protects local ratepayers from unfair rate rises. It recognises, however, the improvements in council strategic planning under IP&R and therefore supports removing unwarranted complexity, costs and constraints from the rate-peg system, where there is evidence that the council has taken steps to reduce unnecessary costs before seeking to impose an increased burden on ratepayers. The Office of Local Government will work with IPART to amend the guidelines to develop a streamlined process for Fit for the Future councils wanting to increase rates above the rate peg, and to offset revenue loss though Financial Assistance Grants (FAGs) redistribution.

Independent Local Government Review Panel – Recommendation that infrastructure backlog be reflected in local government cost index Factor the need to address infrastructure backlogs into any future rate-pegging or local government cost index.

AlburyCity’s Response – Recommendations supported

Government Response - Position Supported The Government has invested heavily, through the Local Infrastructure Renewal Scheme and Infrastructure Audit, in helping councils to tackle the infrastructure backlog. This remains a top priority. The Government will develop a streamlined and more proportionate process for Fit for the Future

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councils wanting to increase rates above the rate peg, allowing for example rate rises to fund infrastructure renewal.

Local Government Acts Taskforce – Recommendation on current rating system The Local Government Acts Taskforce recommended that a further review of rating and finance matters be undertaken as required after the Independent Local Government Review Panel recommendations are determined by the State Government.

AlburyCity’s response – Recommendation supported As identified in the Independent Panel recommendations, a review of the rating exemptions and concessions is strongly supported. Council’s view is that should there be a reduction in the number of ratepayers that are eligible for exemptions and that there is a commensurate increase in the Council’s notional yield rather than a redistribution of the existing yield. As identified in the Independent Panel recommendations, either replace rate pegging with a new system of rate benchmarking or streamline current arrangements to remove unwarranted complexity, costs and constraints to sound financial management.

Streamlined Rate-Pegging option proposed by the Independent Local Government Review Panel As detailed within Attachment 4, the streamlined rate-pegging option proposed by the Independent Local Government Review Panel would enable councils to increase rates by up to 5% pa above the rate-pegging limit over the life of a Delivery Program, provided that:

 they prepare more rigorous Delivery Programs and Revenue Policies, certified by the Mayor and General Manager as meeting all applicable requirements;  the community has been made aware of proposed rate increases and associated expenditures contained in the Delivery Program;  the case for a Special Rate Variation has been endorsed by the Council’s auditor as being soundly based and warranted to ensure long term sustainability; and  Council has lodged its documentation with IPART.

In addition, as part of the streamlined rate-pegging option proposed by the Independent Local Government Review Panel, the Act and/or Regulation would be amended:

 to require IPART to publish and justify an annual Local Government Cost Index;  to provide that increased revenues flowing from all legitimate SRVs are embedded permanently in a council’s rating base;  to exempt from rate-pegging Special Rates levied on a defined group of ratepayers in order to undertake specific projects that are of particular benefit to those ratepayers, and have been shown to enjoy majority support amongst those affected;  to give councils the right to collect revenue in excess of the rate-pegging limit that results from new ‘greenfields’ development, converted Crown Land, additional multi-unit residential development and any increased residential values flowing from the introduction of Capital Improved Value (CIV) for multi-unit dwellings;  to remove the need to seek approval for small amounts of revenue above the rate-pegging limit collected as a result of inaccurate estimates or calculation errors (amounts less than, say, the equivalent of 0.1% of total rate revenues);  to ensure that domestic waste management charges are set on a proper cost-recovery basis; and  to empower the Minister – through IPART – to conduct random audits to ensure that councils documentation and implementation of these arrangements meets all relevant requirements.

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Where an audit shows that a council has failed to meet the new criteria for Delivery Programs and/or Special Variations, the current rate-pegging arrangements would be re-applied.

Review of the Local Government Rating System by IPART As detailed within the terms of reference (ToR) issued by the Premier, the aim of this review by IPART is to:

 review the current rating system and recommend reforms that aim to enhance councils ability to implement sustainable and equitable fiscal policy, and  recommend a legislative or regulatory approach to achieve the Government’s policy that there will “be no change to the existing rate paths for newly merged councils for four years”.

When investigating and making recommendations, the ToR specify that IPART is to consider:

 the rating burden across and within communities, including consideration of multi-unit dwellings;  the appropriateness and impact of current rating categories and exemptions, and mandatory concessions;  the land valuation methodology used as the basis for determining rates in comparison to other jurisdictions;  the capacity of a merged council to establish a new equitable rating system and transition to it in a fair and timely manner; and  the objectives and design of the rating system according to recognised principles of taxation.

The ToR also specify that IPART must take into account:

 the importance of Integrated Planning and Reporting in determining the revenue required to deliver services and infrastructure;  the current financial sustainability of local government in NSW, including the findings and deliberations of the NSW Treasury Corporation report Financial Sustainability of the NSW Local Government Sector, 2013;  the findings and deliberations of the Independent Local Government Review Panel and subsequent Government response;  the NSW Government’s policy of encouraging urban renewal; and  the NSW Government’s commitment to protect NSW residents against excessive rate increases and to provide rate concessions to pensioners.

Taxation Principles The Independent Local Government Review Panel noted that rates are a tax, not a fee for service; they need to be set in accordance with principles of taxation.

As detailed within the Draft Report, IPART have used the following key principles of taxation to assess the rating system:

 Efficiency (including benefits principle);  Equity (including ability to pay);  Simplicity;  Sustainability; and  Competitive neutrality.

Rateable Land Categories Section 493 of the Act provides that there are four categories of rateable land:

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 Farmland;  Residential;  Mining; and  Business.

Section 529 of the Act allows these categories to be divided into sub-categories. A sub-category may be determined as follows:

 Residential - rural residential land or is within a centre of population.  Farmland - according to the intensity of land use, the irrigability of the land or economic factors affecting the land.  Mining - according to the kind of mining involved.  Business - according to a centre of activity.

Note. In relation to the category ‘Business’, a centre of activity might comprise a business centre, an industrial estate or some other concentration of like activities.

AlburyCity applies the following rateable land categories and subcategories as shown by Table 1.

Table 1 Category  Subcategory

Residential  Residential Village  Rural Residential Business  Business Village Farmland

Valuation Method AlburyCity currently pays the NSW Valuer General in the order of $138,500 per annum for valuation services. Based on the AlburyCity general valuation cycle of three years the overall cost of the general valuation is approximately $415,000.

The NSW valuation method is by Unimproved Land Value whereas in Victoria the majority of councils use Capital Improved Value. In Victoria councils can also choose between engaging a private valuation services provider or the Valuer General’s Office.

Issues

IPART are seeking written submissions in response to the draft report regarding their review of the local government rating system. The main proposals by IPART, that are intended to give councils more flexibility to better meet the needs of the community, are to:

 Integrate the use of Capital Improved Value (CIV) valuation method into the local government rating system;  Give councils more options to set differential rates within rating categories; and  Modify rate exemptions so eligibility is based on land use rather than ownership.

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Rate Pegging

Previously IPART stated in its Issues Paper that in line with their terms of reference, they will consider the Panel’s findings on the current rate pegging arrangements, as well as the Government’s response, particularly its commitment to protect NSW residents against excessive rate increases. Within the Issues Paper, IPART also stated that it sought comment on what changes could be made to current rate pegging arrangements to improve the rating system, and, in particular, to better streamline the special variation process.

However the Draft Report by IPART includes only limited analysis of the following commitments made by the Government in response to the Independent Local Government Review Panel’s recommendations:

 The Office of Local Government will work with IPART to amend the guidelines to develop a streamlined process for Fit for the Future councils wanting to increase rates above the rate peg, and to offset revenue loss through Financial Assistance Grants (FAGs) redistribution.

 The Government will develop a streamlined and more proportionate process for Fit for the Future councils wanting to increase rates above the rate peg, allowing for example rate rises to fund infrastructure renewal.

Although the Draft Report by IPART only includes limited analysis of options regarding the development of a more streamlined and proportionate process for Fit for the Future councils wanting to increase rates above the rate peg, it is understood that this is being developed by the Office of Local Government.

AlburyCity’s previous submission in response to the Issues Paper prepared by IPART stated that as identified by the Independent Local Government Review Panel the rate-pegging system in its present form impacts adversely on sound financial management. The rate-pegging system should be streamlined to remove unwarranted complexity, costs and constraints to sound financial management and any future rate-pegging or local government cost index should factor the need to address infrastructure backlogs. AlburyCity supports the Government’s commitment to develop a streamlined and more proportionate process for Fit for the Future councils wanting to increase rates above the rate peg, allowing for example rate rises to fund infrastructure renewal.

AlburyCity’s submission in response to IPART’s Draft Report will again reiterate Council’s position with respect to current rate pegging arrangements as detailed in the paragraph above.

Draft Report recommendations

The list of 34 draft recommendations by IPART as included in its Draft Report and AlburyCity’s draft responses are provided in Table 2 below.

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Table 2 IPART draft recommendations AlburyCity’s draft response Allow councils to use CIV as an alternative to UV in setting rates.

1. Councils should be able to choose between the Supported. Capital Improved Value (CIV) and Unimproved Value (UV) methods as the basis for setting rates To achieve the taxation principles, each council at the rating category level. A council’s maximum should be able to choose the valuation method general income should not change as a result of that it considers is most appropriate for their the valuation method they choose. community, as occurs in other states. This assessment of which valuation method is to be applied would include a cost benefit analysis. For example applying the Capital Improved Value (CIV) valuation method would better differentiate the capacity to pay of properties within the same rating category, however, it is likely to cost more to undertake the general valuation using the CIV valuation method compared to Unimproved Land Value. Although it is currently unclear how much more the CIV valuation method would cost to implement.

2. Section 497 of the Local Government Act 1993 It is not AlburyCity’s practice to utilise minimum (NSW) should be amended to remove minimum amounts. amounts from the structure of a rate, and section 548 of the Local Government Act 1993 (NSW) should be removed.

Allow council's general income to grow as the communities they serve grow.

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IPART draft recommendations AlburyCity’s draft response 3. The growth in rates revenue outside the rate Supported when a council chooses to apply the peg should be calculated by multiplying a council’s CIV valuation method as the basis for setting general income by the proportional increase in rates at the rating category level. Capital Improved Value from supplementary valuations. However, due to the potential increase in cost in – This formula would be independent of the determining CIV compared to the Unimproved valuation method chosen by councils for rating. Land Value, it should not be mandated that councils must take into account the CIV of supplementary valuations when calculating the notional growth in rate revenue outside the rate peg if they choose to use Unimproved Land Value as the valuation basis at the rating category level.

4. The Local Government Act 1993 (NSW) should While this proposal is supported in principle be amended to allow councils to levy a new type of greater detail is required as to how this proposal special rate for new infrastructure jointly funded would be applied in practice. with other levels of Government. This special rate should be permitted for services or infrastructure that benefit the community, and funds raised under this special rate should not: – form part of a council’s general income permitted under the rate peg, nor – require councils to receive regulatory approval from IPART.

5. Section 511 of the Local Government Act 1993 Supported. (NSW) should be amended to reflect that, where a council does not apply the full percentage increase of the rate peg (or any applicable Special Variation) in a year, within the following ten year period, the council can set rates in a subsequent year to return it to the original rating trajectory for that subsequent year.

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IPART draft recommendations AlburyCity’s draft response Give councils greater flexibility when setting residential rates.

6. The Local Government Act 1993 (NSW) should Supported. be amended to remove the requirement to equalise residential rates by ‘centre of population’. Instead, councils should be allowed to determine a residential subcategory, and set a residential rate, for an area by: – a separate town or village, or – a community of interest.

7. An area should be considered to have a This recommendation is considered to be different ‘community of interest’ where it is within a particularly relevant to merged local government contiguous urban development, and it has different metropolitan areas. access to, demand for, or costs of providing council services or infrastructure relative to other areas in that development.

8. The Local Government Act 1993 (NSW) should Supported, with the exception of publishing on be amended so, where a council uses different the rates notice reasons for different residential residential rates within a contiguous urban rates within a contiguous urban development development, it should be required to: due to there being insufficient space on the – ensure the highest rate structure is no more than rates notice. The reasoning of all differential 1.5 times the lowest rate structure across all rating categories should be detailed in rating residential subcategories (ie, so the maximum policy and published on each councils website. difference for ad valorem rates and base amounts is 50%), or obtain approval from IPART to exceed this maximum difference as part of the Special Variation process, and – publish the different rates (along with the reasons for the different rates) on its website and in the rates notice received by ratepayers.

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IPART draft recommendations AlburyCity’s draft response 9. At the end of the four year rate path freeze, new AlburyCity has been declared Fit for the Future councils should determine whether any pre-merger by the State Government and is not subject to a areas are separate towns or villages, or different merger. communities of interest. – In the event that a new council determines they are separate towns or villages, or different communities of interest, it should be able to continue the existing rates or set different rates for these pre-merger areas, subject to metropolitan councils seeking IPART approval if they exceed the 50% maximum differential. It could also choose to equalise rates across the pre-merger areas, using the gradual equalisation process outlined below. – In the event that a new council determines they are not separate towns or villages, or different communities of interest, or it chooses to equalise rates, it should undertake a gradual equalisation of residential rates. The amount of rates a resident is liable to pay to the council should increase by no more than 10 percentage points above the rate peg (as adjusted for permitted Special Variations) each year as a result of this equalisation. The Local Government Act 1993 (NSW) should be amended to facilitate this gradual equalisation.

Better target rate exemption eligibility.

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IPART draft recommendations AlburyCity’s draft response 10. Sections 555 and 556 of the Local AlburyCity strongly supports the proposal by Government Act 1993 NSW should be amended IPART that land be exempt from rates on the to: basis of use rather than ownership, and that – exempt land on the basis of use rather than land used for residential or commercial ownership, and to directly link the exemption to the purposes is rateable unless explicitly exempted. use of the land, and – ensure land used for residential and commercial Properties should not be exempt from rates purposes is rateable unless explicitly exempted. when the land use is a commercial activity, competes with the private sector or exemption would not provide sufficient public benefits to the local community.

Council strongly supports the reduction or removal of exemptions and concessions where they do not reflect contemporary situations, are contrary to sound fiscal policy and jeopardise the long term sustainability of councils.

11. The following exemptions should be retained in Supported, where the land is not used for the Local Government Act 1993 (NSW): residential and commercial purposes. – section 555(e) Land used by a religious body occupied for that purpose – section 555(g) Land vested in the NSW Aboriginal Land Council – section 556(o) Land that is vested in the mines rescue company, and – section 556(q) Land that is leased to the Crown for the purpose of cattle dipping.

12. Section 556(i) of the Local Government Act Supported, on the principle that land be exempt 1993 (NSW) should be amended to include land from rates on the basis of use rather than owned by a private hospital and used for that ownership. purpose.

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IPART draft recommendations AlburyCity’s draft response 13. The following exemptions should be removed: Not applicable to AlburyCity. – land that is vested in, owned by, or within a special or controlled area for, the Hunter Water Corporation, Water NSW or the Sydney Water Corporation (Local Government Act 1993 (NSW) section 555(c) and section 555(d)) – land that is below the high water mark and is used for the cultivation of oysters (Local Government Act 1993 (NSW) section 555(h)) – land that is held under a lease from the Crown for private purposes and is the subject of a mineral claim (Local Government Act 1993 (NSW) section 556(g)), and – land that is managed by the Teacher Housing Authority and on which a house is erected (Local Government Act 1993 (NSW) section 556(p)).

14. The following exemptions should not be Not applicable to AlburyCity. funded by local councils and hence should be removed from the Local Government Act and Regulation: – land that is vested in the Sydney Cricket and Sports Ground Trust (Local Government Act 1993 (NSW) section 556(m)) – land that is leased by the Royal Agricultural Society in the Homebush Bay area (Local Government (General) Regulation 2005 reg 123(a)) – land that is occupied by the Museum of Contemporary Art Limited (Local Government (General) Regulation 2005 reg 123(b)), and 82 – land comprising the site known as Museum of Sydney (Local Government (General) Regulation 2005 reg 123(c)). The State Government should consider whether to fund these local rates through State taxes.

15. Where a portion of land is used for an exempt Supported. purpose and the remainder for a non-exempt activity, only the former portion should be exempt, and the remainder should be rateable.

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IPART draft recommendations AlburyCity’s draft response 16. Where land is used for an exempt purpose Supported. only part of the time, a self assessment process should be used to determine the proportion of rates payable for the non-exempt use.

17. A council’s maximum general income should Not supported, as the recommendation does not not be modified as a result of any changes to reflect the financial impact that rating exemptions from implementing our exemptions have on the ability of local recommendations. government to fund essential services and infrastructure.

18. The Local Government Act 1993 (NSW) The proposal that councils have discretion to should be amended to remove the current exempt properties from water and sewerage exemptions from water and sewerage special special rates currently exempted by section 555 charges in section 555 and instead allow councils of the Local Government Act 1993 is supported. discretion to exempt these properties from water and sewerage special rates in a similar manner as occurs under section 558(1).

19. At the start of each rating period, councils Not supported, as it is unclear what purpose should calculate the increase in rates that are the publishing the financial impact of rating result of rating exemptions. This information exemptions would serve when councils have should be published in the council’s annual report little or no discretion when granting rating or otherwise made available to the public. exemptions.

Replace the pensioner concession with a rate deferral scheme.

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IPART draft recommendations AlburyCity’s draft response 20. The current pensioner concession should be As recommended by the Independent Local replaced with a rate deferral scheme operated by Government Review Panel social welfare should the State Government. not be a local government responsibility. – Eligible pensioners should be allowed to defer Pensioner rate concessions should be wholly payment of rates up to the amount of the current funded by the State Government as occurs in all concession, or any other amount as determined by other states. the State Government. – The liability should be charged interest at the Currently it is mandated that AlburyCity is State Government’s ten year borrowing rate plus required to fund 45% of the $250 pensioner rate an administrative fee. The liability would become concession and $175 for the combined water due when property ownership changes and a and sewer pensioner concession, which costs surviving spouse no longer lives in the residence. AlburyCity $670,000 per annum.

The proposed rate deferral scheme has merit with respect to asset rich and cash poor pensioners, provided that the scheme is wholly funded by the State Government.

If the State Government chooses to retain a pensioner rate concession the amount should be indexed in line with the rate peg.

Provide more rating categories.

21. Section 493 of the Local Government Act 1993 Supported as a new option available to councils (NSW) should be amended to add a new when setting rating policy. environmental land category and a definition of ‘Environmental Land’ should be included in the LG Act.

22. Sections 493, 519 and 529 of the Local Supported as a new option available to councils Government Act 1993 (NSW) should be amended when setting rating policy. to add a new vacant land category, with subcategories for residential, business, mining and farmland.

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IPART draft recommendations AlburyCity’s draft response 23. Section 518 of the Local Government Act 1993 Supported. (NSW) should be amended to reflect that a council may determine by resolution which rating category will act as the residual category. – The residual category that is determined should not be subject to change for a five year period. – If a council does not determine a residual category, the Business category should act as the default residual rating category

24. Section 529 (2)(d) of the Local Government Supported as a new option available to councils Act 1993 (NSW) should be amended to allow when setting rating policy. business land to be subcategorised as ‘industrial’ and or ‘commercial’ in addition to centre of activity.

25. Section 529 (2)(a) of the Local Government Supported as a new option available to councils Act 1993 (NSW) should be replaced to allow when setting rating policy. farmland subcategories to be determined based on geographic location.

26. Any difference in the rate charged by a council Currently not applicable to AlburyCity. to a mining category compared to its average business rate should primarily reflect differences in the council’s costs of providing services to the mining properties.

Recovery of council rates.

27. Councils should have the option to engage the Option supported. State Debt Recovery Office to recover outstanding council rates and charges.

28. The existing legal and administrative process Proposal supported, however it is important to to recover outstanding rates should be streamlined note that the sale of land is a last resort after all by reducing the period of time before a property other debt recovery options have been can be sold to recover rates from five years to exhausted. three years.

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IPART draft recommendations AlburyCity’s draft response 29. All councils should adopt an internal review This proposal would provide limited benefit to policy, to assist those who are late in paying rates, AlburyCity ratepayers, as AlburyCity actively before commencing legal proceedings to recover encourages ratepayers who are having difficulty unpaid rates. in meeting their obligations to make contact to enter into a payment plan. Matters are only taken to court as a last resort when no response has been received from the property owner.

30. The Local Government Act 1993 (NSW) This proposal would provide limited benefit to should be amended or the Office of Local AlburyCity ratepayers, as AlburyCity actively Government should issue guidelines to clarify that encourages ratepayers who are having difficulty councils can offer flexible payment options to in meeting their obligations to make contact to ratepayers. enter into a payment plan.

31. The Local Government Act 1993 (NSW) This options is supported in principle, however, should be amended to allow councils to offer a system development would be required to discount to ratepayers who elect to receive rates enable this to occur. notices in electronic formats, eg, via email.

32. The Local Government Act 1993 (NSW) This recommendation by IPART is not should be amended to remove section 585 and supported by AlburyCity. section 595, so that ratepayers are not permitted to postpone rates as a result of land rezoning, and AlburyCity supports the current system in that councils are not required to write-off postponed as a result of land rezoning property owners can rates after five years. apply for the resulting increase in rates to be postponed, providing that the property is not redeveloped according to the new permitted land use. However, AlburyCity proposes that the Act be amended so that the increase in rates is not levied until the land is redeveloped.

Currently 79 AlburyCity properties have applied for postponed rates which equates to $46,000 in annual rate revenue. The carrying value of postponed rates not yet written off is in the order of $250,000.

Other draft recommendations.

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IPART draft recommendations AlburyCity’s draft response 33. The valuation base date for the Emergency Supported. Services Property Levy and council rates should be aligned. – The NSW Government should levy the Emergency Services Property Levy on a Capital Improved Value basis when Capital Improved Value data becomes available state-wide.

34. Councils should be given the choice to directly Supported. Each council should be able to buy valuation services from private valuers that determine on a value for money basis whether have been certified by the Valuer General. to use the Valuer General’s property valuation services or a private valuation firm, as occurs in other states.

In addition, the amount that councils are charged by the NSW Valuer-General to provide municipal valuation services should be reviewed, as the net cost per assessment for the City of Wodonga to undertake its municipal valuation is less than half the amount that AlburyCity is charged by the Valuer-General, even though the City of Wodonga utilises CIV as its valuation method.

Risk

 Business Risk – It is important that AlburyCity provided input into the review of the local government rating system after taking into account the issues and recommendations raised by IPART.  Corporate Risk – AlburyCity could be viewed negatively if it does not comment on the issues and recommendations identified by IPART with respect to the local government rating system.  WHS and Public Risk – No risks identified.  Delivery Program Risk – No risks identified.

Community Engagement

IPART’s Draft Report regarding its Review of the Local Government Rating System and AlburyCity’s draft submission was discussed at a Councillor Workshop held on Monday 5 October 2016.

Options

1. That Council endorse AlburyCity’s draft submission (with or without amendment) to the Independent Pricing and Regulatory Tribunal; Recommended or 2. That AlburyCity not make a submission in response to the Review of the Local Government Rating System Draft Report prepared by the Independent Pricing and Regulatory Tribunal. Not Recommended

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Conclusion

It is important that AlburyCity take the opportunity to respond to the Review of the Local Government Rating System Draft Report released by IPART as part of the NSW Government‘s review of rating legalisation. A Final Report will be submitted by IPART to the State Government in December 2016.

As identified by the Independent Local Government Review Panel the rate-pegging system in its present form impacts adversely on sound financial management. The rate-pegging system should be streamlined to remove unwarranted complexity, costs and constraints to sound financial management and any future rate-pegging or local government cost index should factor the need to address infrastructure backlogs.

In AlburyCity’s view, to achieve the taxation principles, each council should be able to choose the valuation method that it considers is most appropriate for their community, as occurs in other states. Council also supports the proposal by IPART that councils have more options when setting differential rates within rating categories.

The amount that councils are charged by the NSW Valuer-General to provide municipal valuation services should be reviewed, as the net cost per assessment for the City of Wodonga to undertake its municipal valuation is less than half the amount that AlburyCity is charged by the Valuer-General, even though the City of Wodonga utilises CIV as its valuation method.

AlburyCity strongly supports the proposal by IPART that land be exempt from rates on the basis of use rather than ownership, and that land used for residential or commercial purposes is rateable unless explicitly exempted. Properties should not be exempt from rates when the land use is a commercial activity, competes with the private sector or exemption would not provide sufficient public benefits to the local community.

As recommended by the Independent Local Government Review Panel social welfare should not be a local government responsibility. Pensioner rate concessions should be wholly funded by the State Government as occurs in all other states. The proposed rate deferral scheme has merit with respect to asset rich and cash poor pensioners, providing that it is wholly funded by the State Government.

AlburyCity will continue to advocate to the State Government that the implementation changes to the local government ratings system that have the support of the local government sector be given a high priority.

Recommendation

That Council:

a. Receive and note the Review of the Local Government Rating System Draft Report prepared by the Independent Pricing and Regulatory Tribunal; and b. Endorse AlburyCity’s draft submission to the Independent Pricing and Regulatory Tribunal.

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 Attachments 1. Independent Pricing and Regulatory Tribunal - Review of the Local Government Rating System Issues Paper – April 2016. 2. AlburyCity’s Submission in response to IPART’s Review of the Local Government Rating System Issues Paper – May 2016. 3. Independent Pricing and Regulatory Tribunal - Review of the Local Government Rating Draft Report – August 2016. 4. Final Report of the NSW Independent Local Government Review Panel – Rating System Key Findings – October 2013.

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CM14.8. Joint Organisations - Getting the boundaries right

DATE 18 October 2016

CONFIDENTIAL No

FURTHER ENQUIRIES TO Kate de Hennin PHONE 60238131

Executive

Purpose of Report

To present the Joint Organisation boundary recommendation provided by the NSW Office of Local Government (OLG) in September 2016 - 'Joint organisations – Getting the boundaries right'. Councils are invited to make submissions on the boundary recommendation until close of business 27 October 2016. This report also includes the results of a Strengths, Weaknesses, Opportunities and Threats (SWOT) analysis undertaken on the basis of the OLG recommendation that AlburyCity be part of the Riverina Joint Organisation (JO).

Background

Through the Fit for the Future reform package, the Independent Local Government Review Panel recommended the establishment of JOs to help respond to the needs and circumstances of different regions. It was proposed that JOs would strengthen regional collaboration and enable better partnerships with the State. Five JOs were piloted in partnership with the NSW Government, in Central NSW, the Hunter, Illawarra, Namoi and Riverina regions.

JOs have three core functions that are consistent with the recommendations of the Independent Local Government Review Panel, and have been sufficiently tested through the pilot process to possess both appropriate scope and flexibility for the Joint Organisations to partner effectively with the State.

CORE FUNCTIONS:

1. Regional strategic planning and priority setting 2. Intergovernmental collaboration 3. Regional leadership and advocacy

OVERVIEW OF THE PROPOSED JO MODEL

JOs are enabled under legislation and proclaimed as Bodies Corporate under the Local Government Act. The core functions are prescribed and additional non-prescribed optional functions may include service delivery and capacity building. Membership of a JO comprises the Mayors of member councils who have equal voting rights (one council one vote). General Managers are to advise and contribute to the JO board. A NSW government representative (non-voting) contributes as an associate member. The JO boundaries are set by proclamation and the NSW Government is resourcing each JO with $300,000. JOs may also apply for grants and generate income to fund operations.

Issues

JOINT ORGANISATION CRITERIA

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Each JO should:  Align or ‘nest’ within strategic growth planning boundaries;  Demonstrate clear community of interest between member councils and regions;  Not adversely impact on other councils or JOs;  Be based around a strong regional centre, where possible; and  Be of appropriate scale and capacity to partner with the NSW Government, Commonwealth Government and other partners.

ALBURYCITY SUBMISSION – JULY 2016

AlburyCity provided a submission to the NSW OLG supporting the JO criteria and proposed being part of a Murray and Murrumbidgee JO (MAMJO). The MAMJO was supported by the Riverina and Murray Regional Organisation of Councils (RAMROC) and met the required criteria. This submission outlined the clear community of interest between Greater Hume Council and AlburyCity, and therefore proposed that Greater Hume also be part of the MAMJO. A map of the MAMJO is attached to this report and a draft Regional Connections map (source: Regional Planning / NSW Dept of Planning and Environment) is also attached.

AlburyCity also flagged in its submission the additional option of a single Riverina Murray Murrumbidgee JO.

NSW OLG PROPOSAL – SEPTEMBER 2016

The ‘Joint Organisations – getting the boundaries right’ paper proposes that AlburyCity is included in the Riverina JO. This proposal also meets the required criteria, includes Greater Hume Council and is based around two strong regional centres. The NSW Government paper ‘Joint Organisations – getting the boundaries right’ is attached to this report which includes a map of the proposed Riverina JO. Recent discussions with the OLG and Minister for Local Government indicate that final boundaries are yet to be determined and that additional options will be given careful consideration.

SWOT ANALYSIS RESULTS

The results of the SWOT analysis undertaken by Manex and Executive Officer of RAMROC are listed below.

Those items identified by an asterisk (*) are matters that would support a single JO proposal.

STRENGTHS:

 Financially strong JO with scale and capacity.*  Comprising ten Councils with a 2015 ABS population of 177,610. *Plus MMJO 94,960 estimated population.  Maintains AlburyCity and Greater Hume in the one JO.*  Strong transport synergy and infrastructure linkages by way of road, rail and air.*  Strong manufacturing region, development and construction. Plus comprehensive secondary and tertiary educational institutions.*  Department Planning and Environment governance regions.*

WEAKNESSES:

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 Removes AlburyCity and Greater Hume from traditional linkages to the Murray River region and northern Victoria.  Communities of interest and workforce / employment are primarily focussed to the south.  Places AlburyCity and Greater Hume Shire into a JO that falls within two separate Federal Electorates.  Leaves the proposed Murray Murrumbidgee JO (MM JO) as a predominantly rural/agricultural region. Only mid-sized regional city of Griffith (pop.25,986).  Impacts on Federation Council by separating from Albury and Greater Hume.

OPPORTUNITIES:

 Regional strategic planning can be elevated to a greater level of significance and importance.*  Significant economies of scale achieved through the inclusions of Wagga and Albury in the same JO *plus Griffith.  Increased strength in political advocacy at both State and Federal level.*  Greater connection with communities of interest with Snowy Valleys Council.  Include Federation Council in the Riverina JO.  AlburyCity would need to maintain relationships with MM JO councils.

THREATS:  Reduced economies of scale for MM JO. Reduced financial capacity for MM JO.  Increased competition and potential challenges with regional planning or infrastructure prioritisation – with two regional cities in one JO.  If changes to DNSW network boundaries to align with proposed JO boundaries, Albury is prohibited/restricted from Murray Regional Tourism.  Inclusion of Federation Council in Riverina JO would further weaken MM JO.  Inability to sustain resource demand associated with maintaining awareness/activation of relationships with MM JO Councils.

Risk

 Business Risk – A submission to the NSW OLG will provide Council with an opportunity to help shape the final JO boundary.  Corporate Risk – It is important for AlburyCity to be involved in the decision making associated with local government reform. The final JO boundary may have an impact on corporate business decision-making and regional priority setting.  WHS and Public Risk – No risk determined.  Delivery Program Risk – The outcome of the JO discussion and final boundary may have an impact on regional projects being proposed for inclusion in Council’s four-year Delivery Program.

Options

1. AlburyCity submits a proposal to the NSW OLG maintaining its position on the MAMJO boundary including Greater Hume. 2. AlburyCity submits a proposal to the NSW OLG supporting the proposed position on the Riverina JO.

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3. AlburyCity submits a proposal to the NSW OLG supporting a position on the Riverina JO but includes Federation Council in the Riverina JO. 4. AlburyCity submits a proposal to the NSW OLG supporting a single Riverina Murray Murrumbidgee JO (combining the Riverina JO and the Murray and Murrumbidgee JO).

Conclusion

A discussion paper was released in September 2016 by the NSW Government proposing the boundaries for NSW Joint Organisations – ‘Joint Organisations – Getting the boundaries right’. A SWOT analysis has been undertaken based on AlburyCity’s inclusion on the Riverina JO. Councils are invited to make a submission to the NSW Government based on the boundaries proposed. Submissions are due close of business on Thursday 27 October 2016.

Recommendation

That Council support Option 4 - AlburyCity submits a proposal to the NSW OLG supporting a single Riverina Murray Murrumbidgee JO (combining the proposed Riverina JO and the Murray and Murrumbidgee JO).

 Attachments 1. DOC16/240307 MAMJO Map. 2. DOC16/240327 Draft Regional Connections Map. 3. DOC16/227230 NSW Government paper “Joint Organisations – Getting the boundaries right.”

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CM14.9. Outdoor Basketball Courts in Albury

DATE 18 October 2016

CONFIDENTIAL No

FURTHER ENQUIRIES TO James Jenkins PHON 6023 8145 Community and Recreation E

Purpose of Report

To inform Council of the current provision of outdoor basketball courts in Albury, their usage and condition and to identify opportunities for further investigation to ensure that AlburyCity is adequately servicing the needs of residents seeking to play outdoor basketball.

Background

A petition for AlburyCity to establish a three-court outdoor basketball facility within a sporting precinct was tabled at the Council meeting on 22 August 2016 (see attachment 1). A meeting was held with the initiators of the survey on 7 September 2016 to seek further detail on the proposal and gain an understanding of how the proposed courts would be managed. This meeting discussed that an accessible two-court facility, in a central location would be sufficient and meet the needs that were identified by the initiators of the survey. It was also discussed that additional higher-standard outdoor courts or half courts could be provided throughout the City.

Current Provision There are currently seven publicly-accessible outdoor facilities in Albury that provide opportunity to participate in outdoor basketball which are owned and managed by Council. The majority are quarter court facilities (refer attachment 2) with only one full-size court provided at Haydon Park, West Albury. The Haydon Park court has had low usage since it was constructed over ten years ago and is in need of repair. An eighth outdoor facility is identified in the Thurgoona Community Centre Master Plan. Attachment 2 also provides a preliminary analysis of the opportunities to increase in size/modify the existing facilities.

There are also a number of outdoor facilities in school grounds that are now not accessible due to the installation of perimeter fences over recent years.

The geographic spread of these facilities provides publicly-accessible, limited sized, facilities for the majority of the population with the exception of South Albury. There is no set Australian or State standard for the provision or standard of outdoor basketball facilities.

Participation Evidence suggests that the existing outdoor basketball facilities have low usage and there is a lack of awareness of their location and existence. Basketball is a high participation sport, with a national participation rate which has been steady for a number of years. Surveys conducted at a national level indicate that there is a high interest in the sport amongst the population but that participation in structured competitions is seeing limited growth. The sport is easily adaptable for use in informal settings such as the family home or in public parks.

There are different types of usage which will impact on the usage and success of a high-standard outdoor basketball court:

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1. Casual family/friend usage (kids with parents, small group of 3-4 friends) 2. Semi-organised casual usage (friends organising 3-on-3 games) 3. Programs (regular or irregular participation programs, not focused on standard of play) 4. Team training/games (organised teams seeking venues for training or games)

The establishment of a high-standard outdoor basketball court facility will need to consider how these different types of usage are promoted or planned in the management of the facility.

The Lauren Jackson Sports Centre provides an opportunity for casual hire which can accommodate any of these types of usage at a cost of $5.00 per adult, $4.00 per child or as a team for $42.00 per hour per court. There is limited availability of courts during key periods such as after 4pm during the week due to scheduled sports. Availability is mostly centred around Saturday afternoons or Sunday evenings.

Opportunities

Interest and participation in the sport of basketball warrants the investigation of a high standard public accessible outdoor basketball court/s.

Discussions with the initiators of the petition highlighted that a location with good access will encourage participation. In this instance this would mean that the location would be close to the city centre, easy to get to via off-road trails, and have appropriate associated facilities (toilets, access to water) nearby. It is envisaged that whilst events can be programmed at a facility to encourage participation, in the first instance, a passive management model would be applied.

The location, management and programming for courts will dictate the level of success and participation that it receives. The major options are:

1. The existing outdoor basketball facilities (the majority of which are quarter courts) could be extended and upgraded to a level that attracts additional use. Generally, these improvements are low cost such as concrete extensions to full or half size or basketball ring/backboard replacements. The implementation of multi-sport courts (which also accommodate outdoor basketball) could be completed in stages to minimise initial costs and to allow for the usage and success of the first stage to dictate the timing of further stages. 2. The creation of new two-court facility with fencing and amenities with a cost estimate of $200,000 at a location to be determined. It should be noted that if a new location is to be chosen that further investigation of options and consultation would be required with those who may be impacted. 3. Council to negotiate agreements with local schools with basketball facilities to enable community use of these courts. Staff are currently seeking in-principle support to have community access at Albury High School where a outdoor court of reasonable standard is located beside the Bungambrawatha Trail. This facility could be readily modified with fencing upgrades for both school access, community access or both. The Principal of Albury High School is supportive of the idea and has given in-principle support. Further negotiation with representatives of the Department of Education is required.

The installation of a full-sized outdoor basketball courts on existing high-standard playing surfaces such as netball courts was investigated. This was deemed impractical due to the courts differing sizes, goal post locations and run off zones required for the sports.

Issues Albury 2030

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Themes, outcomes and strategic actions identified in Albury 2030 that are relevant to this project include:

Theme: A Growing Economy Outcome: 1.2 - Improve visitor and residents' experiences Action: 1.2.6 - Encourage innovation and modern design for the built environment

Theme: A Caring Community Outcome: 3.3 - The health of the Albury community improves Action: 3.3.6 - Provide support to the community to increase positive social outcomes

Outcome: 3.4 - Albury offers a diverse range of facilities and activities for all ages Action: 3.4.1 - Improve access for all Action: 3.4.3 - Promote and encourage healthy lifestyles through development and efficient use of infrastructure Action: 3.4.7 - Provide high quality open space

Theme: A Leading Community Outcome: 4.3 - Provide resources and opportunities to develop future leaders Action: 4.3.2 - Consider the views and needs of young people

Council Strategies which are relevant to this report include:

Play Space Strategy (draft) The draft Play Space Strategy has a key focus on creating play and functionality within a park beyond the play structure. Outdoor basketball courts and play equipment can be mutually beneficial in creating a visitor experience at a park.

Skate, Scooter and BMX Strategy (in development) Outdoor basketball courts are often co-located with skate parks due to the target market of users have some similarities. There is an existing half-court basketball facility at the Albury Skate Park which may be impacted by the development of plans for the Albury Skate Park. Due to the central, accessible location there may be an opportunity to integrate an outdoor basketball court within the new plans, this can be further investigated during the feasibility/concept design phase. This location is currently a site where young people congregate, there are public toilets, access to drinking water and it is located on an off-road trail.

Risk

 Business Risk - Investigation of the demand, site suitability and accessibility of potential sites for the location of outdoor basketball courts is critical. There is minimal business risk in further investigating the opportunities for outdoor basketball courts in Albury.

 Corporate Risk - Council received a petition to establish an outdoor basketball court facility and it is appropriate to consider that request with sufficient investigations to determine the feasibility of the proposal.

 Delivery Program Risk - There is currently no budget allocation in the Council budget to undertake any significant development. Investigations into outdoor basketball courts may identify a range or works and projects that will need to be considered for inclusion in future budgets and delivery programs.

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Community Engagement

It is not considered necessary to undertake further community engagement, unless Council proposes to establish outdoor courts at a new site where consultation would be required with affected parties. The findings of the investigations may identify projects which may warrant specific community engagement for those elements. Further engagement with the initiators of the petition can occur following any Council resolution.

Options

1. Immediately continue negotiations with a view to gaining community access to an outdoor basketball court at Albury High School in the short term. Monitor usage and further consider future options. 2. Identify an existing Council owned outdoor court for upgrade and include as a project in the four year delivery program. Once constructed, monitor usage and consider future options. 3. Undertake further investigation to identify the location of a two-court facility in a central, accessible location for inclusion in Council's four year delivery programs. 4. Not investigate the matter further and continue to maintain existing facilities.

Conclusion

Basketball is a high participation and interest sport which is easily adaptable to being undertaken in a public park location. The existing provision of these facilities in Albury has not fully met the needs of the users as there is only one full sized outdoor basketball court. The provision of high-standard publicly accessible outdoor basketball court/s would provide the Albury community an additional opportunity to engage in physical activity within our open space network.

A number of options have been identified for the provision of publicly accessible courts. In the first instance access to a court can be obtained in a central location, will provide a mechanism for monitoring demand and provide the opportunity to plan for further outdoor basketball courts as needed.

Recommendation

That Council:

a. Thank the petition proponents for their submission; and b. Immediately continue negotiations with the Department of Education with the view to gaining community access to the outdoor basketball court at Albury High School in the short term (Option 1) and monitor usage to inform future decision making.

 Attachments 1. Petition Tabled – Council Meeting 22 August 2016 – Outdoor Basketball Courts Albury. 2. Existing Council managed outdoor basketball facilities

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CM15. OFFICERS REPORTS FOR NOTING

CM15.1. Disclosures by Councillors, Audit Committee Members and Designated Persons Return 2015/2016

DATE 14 October 2016

CONFIDENTIAL No

FURTHER ENQUIRIES TO Frank Zaknich PHONE 6023 8755

General Manager

Purpose of Report

To table the Disclosure of Returns by Councillors, Audit Committee members and designated persons for the period 1 July 2015 to 30 June 2016.

Background

Section 449 of the Local Government Act 1993, requires Councillors and designated persons to complete and lodge with the General Manager a return in the form prescribed by the regulation within three months of becoming a Councillor or designated person, and then annually thereafter.

Disclosure Returns lodged by Councillors, senior management and designated persons (as defined in Section 441 of the Local Government Act 1993) must be tabled at the first meeting after the final lodgement date of 30 September each year, in accordance with 450A of the Local Government Act 1993.

These annual returns for all Councillors and designated persons are tabled according to the regulation for the period 1 July 2015 to 30 June 2016.

Issues

Councillors, Audit Committee members and designated persons have all lodged their disclosure returns with the exception of the new Councillors who have up until the 19 December 2016 to submit their disclosure returns.

Conclusion

In accordance with the Local Government Act 1993, Council tables the 2015/2016 Disclosure of Returns by Councillors, Audit Committee members and designated persons.

Recommendation

That Council receive and note the report concerning the 2015/2016 Disclosure of Returns by Councillors, Audit Committee members and designated persons.

 Attachments 1. Pecuniary Interest Returns Register (to be tabled at the meeting).

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CM15.2. Mungabareena Reserve - Declaration as an Aboriginal Place

DATE 11 October 2016

CONFIDENTIAL No

FURTHER ENQUIRIES TO Steven Onley PHONE 6023 8728 Community & Recreation

Purpose of Report

To inform Council of the dedication in the NSW Government Gazette of Mungabereena Reserve as an Aboriginal Place on Friday 21 October 2016.

Background

On 28 February 2011 Albury and District Local Aboriginal Lands Council (ADLALC) submitted a nomination to the Office of Environment and Heritage (OEH) seeking to have Mungabareena Reserve declared as an Aboriginal Place (Attachment 1).

Aboriginal Places may be declared if the area “is or was of significance with respect to Aboriginal culture”. The NSW State Government Minister for the Environment must be of the opinion that the place is of special significance. The proposed Mungabareena Aboriginal Place encompasses 15 lots of land in the Local Government Area of AlburyCity Council. The proposed boundary takes in two areas - Mungabareena Reserve, which is Crown Land in Albury City’s Trust, and the bulk of the adjoining Travelling Stock Reserve, which is Crown Land managed by Murray Local Land Services.

At the AlburyCity Council meeting held on 27 May 2013, Council endorsed the formal notification to the Office of Environment & Heritage (OEH) of its decision to support Albury and District Local Aboriginal Lands Council’s nomination of Mungabareena Reserve as an Aboriginal Place (AP).

The Minister for Environment has approved the nomination of Mungabareena Reserve as an Aboriginal Place. An order will be published in the NSW Government Gazette on Friday 21 October 2016 to declare the area an Aboriginal Place.

Issues

Once the Reserve becomes a declared Aboriginal Place any actions that may harm or desecrate the Aboriginal Place such as:

 Clearing of vegetation;  Removal of standing trees;  Archaeological excavations;  Construction excavations; and  Construction of facilities (eg. Buildings, roads, moorings, fire trails, fences etc).

must be assessed and referred to OEH before works commence to determine if an Aboriginal Heritage Impact Permit (AHIP) issued under Part 6 of the National Parks & Wildlife Act 1974 is required. Any future on-ground works including the Murray River Experience Masterplan proposal to continue the Wagirra Trail through the reserve must consider these additional constraints.

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In addition to the Aboriginal Place declaration, the entire site is also subject to an unresolved Aboriginal Lands Claim under the NSW Aboriginal Lands Right Act 1983. If the land claim is successful, the land may be returned to the ownership of Aboriginal people.

A formal management plan must be developed for the Aboriginal Place within 12 months of gazettal. AlburyCity's current Mungabareena Vegetation Management Plan (2005) has already been identified for review and can be taken into consideration when developing a management plan. This would occur through consultation between AlburyCity, OEH, Local Land Services, Crown Lands and the Aboriginal Community. The new plan must state the cultural values and identify risks and responsibilities. All plans must follow OEH Guidelines for Developing Management Plans for Declared Aboriginal Places.

There is currently Special Variation to Rate (SVR) funding for Mungabareena Reserve Vegetation Master Plan Works including $170,000 carry-forward in the 2016/17 budget and an additional $65,000 SVR funding allocated in 2017/2018.

Risk

 Business Risk – multiple stakeholders will be required to provide input into the production of a management plan for the site. As the most significant land manager, Council should take a lead role with the other stakeholders in developing a workable management plan which meets the OEH guidelines. This must be completed within 12 months of gazettal.  Corporate Risk – the Wiradjuri people should continue to be consulted regarding the Aboriginal Place gazettal. The Wiradjuri Council of Elders and the Albury Local Aboriginal Lands Council are the appropriate organisations to facilitate this consultation. The wider community will need to be educated about the implications of this gazettal.  WHS and Public Risk – public risks will be managed within the normal park risk management framework until a new management plan is developed  Delivery Program Risk – any future on-ground works including construction of the Wagirra Trail may be required to obtain an Aboriginal Heritage Impact Permit (AHIP) from OEH. The minor costs associated with the development of a management plan can be supported with the funds currently set aside in the current four year delivery program.

Community Engagement

The Office of Environment and Heritage, Heritage Division, South West Listings have liaised extensively with the nominator (Albury and District Local Aboriginal Lands Council), AlburyCity, Albury Aboriginal Community members, Murray Local Land Services, Crown Lands and Charles Sturt University. The Mungabareena Aboriginal Place Nomination Assessment Report (Attachment 2) contains details of the extensive consultation.

The AlburyCity Stakeholder Engagement Plan for the development of a Management Plan associated with the Mungabareena Aboriginal Place naming is currently being finalised. After gazettal, OEH will provide funding towards a celebration day to recognise the declaration of Mungabareena as an Aboriginal Place. The date is yet to be set. A formal plaque will be presented to Albury City and the Aboriginal Community to officially mark the event.

MP Greg Aplin's office released a media release on Monday 17 October announcing the gazettal. The Environment Minister has released a second media release to coincide with the gazettal on Friday 21 October.

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Conclusion

Mungabereena Reserve will be gazetted as an Aboriginal Place on 21 October 2016 and Council will need to be cognisant of this in its management of the reserve. Appropriate engagement identified through a Stakeholder engagement Plan will ensure that the reserve is managed in an appropriate way in the future.

Recommendation

That Council receive and note the report for Mungabareena Reserve - Declaration as an Aboriginal Place.

Attachments 1. (Draft) Mungabareena Aboriginal Place Statement of Management Intent (DOC16/236989). 2. Mungabareena Aboriginal Place Nomination Assessment Report (DOC16/195958).

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CM16. DELEGATES REPORTS FOR NOTING

CM16.1. Nil

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CM17. NOTICE OF URGENT BUSINESS

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CM18. CONFIDENTIAL MATTERS

CM18.1. Nil

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