council business paper 28 january 2014 - wollongong.nsw.gov.au

BUSINESS PAPER ORDINARY MEETING OF COUNCIL

To be held at 6.00 pm on

Tuesday 28 January 2014

Council Chambers, Level 10, Council Administration Building, 41 Burelli Street, Wollongong

Order of Business Members 1 Acknowledgement of Traditional

Owners 2 Civic Prayer 3 Apologies 4 Disclosures of Pecuniary Interest 5 Petitions and Presentations 6 Confirmation of Minutes – Ordinary

Council Meeting 9 December 2013 7 Public Access Forum 8 Lord Mayoral Minute 9 Urgent Items 10 Notice of Motion 11 Call of the Agenda 12 Agenda Items

Lord Mayor – Councillor Gordon Bradbery OAM (Chair)

Deputy Lord Mayor – Councillor Chris Connor Councillor Michelle Blicavs Councillor David Brown Councillor Leigh Colacino Councillor Bede Crasnich Councillor Vicki Curran Councillor John Dorahy Councillor Janice Kershaw Councillor Ann Martin Councillor Jill Merrin Councillor Greg Petty Councillor George Takacs

QUORUM – 7 MEMBERS TO BE PRESENT

Ordinary Meeting of Council 28 January 2014

INDEX

PAGE NO.

ITEM B Lord Mayoral Minute – Acknowledgement of Professor Don Iverson .................. A1

ITEM C Lord Mayoral Minute – Deferral of Ordinary Council Meeting of 10 February 2014 ................................................................................................ A2

ITEM A Notice of Motion - Councillor Merrin - Purchase of Land at Helensburgh, Lilyvale and Otford (CM14/14) ......................................................... 1

ITEM 1 Crown Street and Inner City Building Facade Rejuvenation Program (CM16/14) .............................................................................................................. 3

ITEM 2 Policy Review - Code of Meeting Practice (CM4/14) ........................................... 10

ITEM 3 Quarterly Report on Development Applications Involving Variations to Development Standards (CM3/14) ................................................................... 13

ITEM 4 Tender T13/10 Provision of Decorative LIghting for the Refurbishment of the Crown Street Mall (CM7/14) .............................................. 15

ITEM 5 Tender T13/20 – Review of Brooks Creek Flood Study/Floodplain Risk Management Study and Plan (CM8/14) ....................................................... 19

ITEM 6 Tender T13/31 Grand Pacific Walk Stage 1 Coalcliff/Stanwell Park – Stoney Creek Shareway Bridge (CM9/14) ........................................................... 23

ITEM 7 Tender T13/33 Bushell's Hill Bridge Repairs (CM10/14) ...................................... 27

ITEM 8 Proposed Acquisition of Drainage Reserve Adjoining Nos 721 and 723 Lawrence Hargrave Drive and No 22 Hyde Lane, Coledale (CM1/14) .............................................................................................................. 31

ITEM 9 Proposed Acquisition of Part of Lot 95 DP 9943 No 29 Murray Road, East Corrimal for Road Widening (CM2/14) .............................................. 34

ITEM 10 Revocation of Policy - Local Ethnic Affairs Policy Statement (LEAPS) (CM5/14) .............................................................................................................. 37

ITEM 11 November 2013 Financials (CM15/14) ................................................................ 40

ITEM 12 December 2013 Financials (CM11/14) ................................................................ 45

ITEM 13 Statements of Investments - November and December 2013 (CM12/14) ............................................................................................................ 50

ITEM 14 Minutes of the City of Wollongong Traffic Committee meeting held 17 December 2013 (CM13/14) .................................................................................. 53

Ordinary Meeting of Council 28 January 2014 A1

REF: CM32/14 File: Z14/15400

ITEM B LORD MAYORAL MINUTE - ACKNOWLEDGEMENT OF PROFESSOR DON IVERSON

I would like to take this opportunity to recognise Professor Don Iverson.

Professor Iverson has made an outstanding and consistent contribution to our region through his work with the University of Wollongong (UOW), by establishing a nationally and internationally profile for health and medical research, as well as raising the profile of healthcare in the Illawarra, and delivering substantial benefits for people living in our region.

Professor Iverson was integral in the development and leadership of two of the largest and most significant additions to UOW in the last decade: the Graduate School of Medicine (GSM) and the Illawarra Health and Medical Research Institute.

From the very beginning Professor Iverson had the vision of building a unique medical school, one that trained doctors to work in regional, rural and remote Australia in real-world medical settings rather than solely in on-campus lectures and workshops.

Professor Iverson was the key to every success of the GSM – not only developing the vision for the GSM and ensuring its accreditation, but bringing on board the University and the community.

Having established the GSM, Professor Iverson moved onto the next goal – establishing the Illawarra Health and Medical Research Institute.

His appointment to the role of Executive Dean of the Faculty of Health, Arts and Design at Swinburne University, commencing in February 2014, represents a great loss to the Illawarra community. We are fortunate Professor Iverson continues to see himself as a part of our community and has repeatedly expressed his desire and intention to remain an integral part of our region.

I THEREFORE MOVE THAT Wollongong City Council, on behalf of our community formally recognise the outstanding achievements and contributions Professor Don Iverson has made to our region and write to him to convey our gratitude.

Ordinary Meeting of Council 28 January 2014 A2

REF: CM33/14 File: Z14/15673

ITEM C LORD MAYORAL MINUTE - DEFERRAL OF ORDINARY COUNCIL MEETING OF 10 FEBRUARY 2014

On 9 September 2013, Council resolved as follows in relation to the 2014 Council meeting structure and cycle:

• Two Ordinary Council meetings per month to be held on the second and fourth Monday commencing at 6.00 pm.

• Councillor Briefing Sessions be held on the first and third Monday of each month commencing at 5.00 pm.

• No Ordinary Council meetings or Councillor Briefing Sessions be held during a public school holiday period with the exception of January.

• The option for an additional Councillor Briefing on the 5th Monday of the month, being in March and June (noting that September falls in a school holiday period), when the General Manager determines that there is sufficient business to warrant an additional briefing.

• Additional Councillor Briefing Sessions being scheduled for Thursdays when there is an urgent demand.

I have been advised by the General Manager, that there are very few agenda items listed for the Ordinary Council Meeting of 10 February 2014, and none are time critical.

An Extraordinary Meeting of Council was scheduled for 17 February 2014 to discuss a report on Securing our Future. It is proposed to move the Ordinary Meeting of Council currently scheduled for 10 February 2014 to 17 February 2014. The feedback from the “Securing our Future” exhibition can then be considered at this meeting also.

This proposal meets the requirements of the resolution of 9 September 2013 with two meetings being held in February (on the 17th and 24th). It avoids having to hold three Council meetings in February and frees up Monday, 10 February for a Briefing Session.

I THEREFORE MOVE THAT Council reschedule the Ordinary Council Meeting currently planned for 10 February 2014 to 17 February 2014.

Ordinary Meeting of Council 28 January 2014 1

REF: CM14/14 File: CO-910.05.01.006

ITEM A NOTICE OF MOTION - COUNCILLOR MERRIN - PURCHASE OF LAND AT HELENSBURGH, LILYVALE AND OTFORD

Councillor Merrin has submitted the following Notice of Motion –

“I formally move that Council urgently write to the Minister for the Environment, The Hon. Robyn Parker MP, requesting that the State Government purchase land currently for sale at Helensburgh, Lilyvale and Otford, for inclusion in the Royal National Park (RNP).”

Information provided by Councillor Merrin:

The land has been advertised as Otford Valley Farm, Lady Carrington Drive, and comprises approximately 900 acres of bushland and farmland adjacent to the Royal National Park. Much of the land is zoned E2 Environmental Conservation and there is a farm of approximately 50-100 ha zoned E3.

Rationale: 1 The land has many high quality environmental values that make it important for

inclusion in the public estate.

The bushland complies with State Government initiative known as the Great Eastern Range Initiative for greater interconnectivity between protected isolated National Parks, bushlands and wilderness areas.

• The bushland component includes:

o The wet sclerophyll wildlife corridor adjoining the RNP, with areas to the south and the Illawarra Escarpment, is essential for wildlife movement and a haven during firestorms in the RNP and Garrawarra;

o Upland swamps; o Dry littoral forest; o Temperate rainforest; o Scrub bushland; o Major tributaries of the upper Hacking River and its catchment; o Erosion-prone Narrabeen soils which affect the water quality and health of

the Hacking River and RNP; o Habitat for several threatened species including the Sooty Owl and

Powerful Owl; o Noise, sight and dust barrier around the Helensburgh coal mine; o Consists of key natural environment identified by the Illawarra Regional

Strategy.


• The farmland includes:

o Residences; o Stables; o Arena and yards; o Storage shed.

2 Council has previously requested the NSW and Federal Governments’ support for World Heritage Listing of the Royal National Park and adjacent parks and reserves, in recognition of their world quality natural habitats and cultural heritage.

3 Council has previously attempted to purchase high-conservation land in the Helensburgh area, in recognition of the importance of protecting environmental corridors and buffer areas to the National Park and Illawarra Escarpment, whilst also reducing the risk to life and property of allowing further development within this very high fire risk area.

4 The State Government planned to purchase the land in 1975, with an apparent administrative error allowing it to fall into private ownership, as stated by then MP, Ian McManus. The State Government recently purchased land to the north of this land for addition to the RNP.

5 Council has been in court many times over the past forty years in regards to these lands, on matters from road ownership to unauthorised land clearing, and it is possible that such issues and requests for rezoning will continue if the land is sold to a private investor.

6 The reason for urgency is that the auction has been deferred to 1st February, and therefore direct correspondence with the Minister for the Environment needs to take place immediately following this Council meeting.


REF: CM16/14 File: CCE-110.01.007

ITEM 1 CROWN STREET AND INNER CITY BUILDING FACADE REJUVENATION PROGRAM

Council at its meeting of 9 September 2013 resolved to endorse the Crown Street and Inner City Building Façade Rejuvenation Program (Façade Rejuvenation Program) to be included as an amendment to Council’s Annual Plan 2013-14, and as a specific program in Council’s Financial Assistance Policy. Round 1 Applications for the Façade Rejuvenation Program opened for an eight week period from 23 September to 15 November 2013 (inclusive).

In accordance with Section 356(2) and 705 of the Local Government Act 1993 Public Notice was given of the proposed recipients to be granted financial assistance under Council’s Financial Assistance Policy (Crown Street and Inner City Building Façade Rejuvenation Program) from 4 December 2013 to 10 January 2014 (inclusive). There were no submissions received during the formal exhibition process.

RECOMMENDATION

Council provide financial assistance to the proposed recipients shown in Attachment 1, pursuant to the Financial Assistance Policy (Crown Street and Inner City Building Façade Rejuvenation Program).

ATTACHMENTS

1 Crown Street and Inner City Building Façade Rejuvenation Program – Proposed Recipients.

2 Crown Street and Inner City Building Façade Rejuvenation Program – Map of Applications.

REPORT AUTHORISATIONS

Report of: Tanya Buchanan, Manager Community, Cultural and Economic Development

Authorised by: Greg Doyle, Director Corporate and Community Services – Creative, Engaged and Innovative City

BACKGROUND

Wollongong’s City Centre is already an important hub for social and business interaction for our city’s community and visitors. The Crown Street and Inner City Building Façade Rejuvenation Program is a significant component of Council’s City Centre Revitalisation Strategy and seeks to facilitate an attractive, lively and coherent streetscape which is aimed at attracting more life into the city. This is the first time a program of this nature has been offered in the Wollongong Local Government Area (LGA). The endorsed program area within the City Centre of Wollongong is the primary focus of the Façade Rejuvenation Program.


The revitalisation of the city centre is recognised in the Wollongong 2022 Community Strategic Plan and Illawarra Regional Strategy 2006-2031 as a critical success factor for Wollongong to maintain and grow its status as a thriving regional centre. The city centre, as defined by the Wollongong Local Environmental Plan (LEP) 2009, has an economic output of approximately $5.8 billion per year. This represents around 25% of total economic output for the Wollongong LGA. It plays a key role in accommodating a concentration of commercial, employment, residential, civic and cultural uses.

From an employment perspective, the Wollongong City Centre and its immediate fringe is responsible for over 20,000 jobs, which accounts for almost 30% of all jobs within the Wollongong LGA. This role only grows in importance considering the Illawarra Regional Strategy 2006-2031 forecasts one-third of all jobs across the entire Illawarra region to occur within the Wollongong City Centre, over the next 20 years.

Applications for Round 1 of Council’s Façade Rejuvenation Program were invited from eligible applicants for an eight week period from 23 September to 15 November 2013 (inclusive). Following closure of the Round 1 application period, thirty (30) applications were received for thirty-five (35) rateable properties. The value of eligible works from all thirty applications was totalled at over $1.02 million.

An Assessment Panel established by the Manager Community, Cultural and Economic Development (CCED) comprised representatives from Council’s Development Assessment and Certification, Land Use Planning (Heritage Officer), Economic Development, and Community and Cultural Development Divisions. The Panel assessed compliant applications in accordance with the assessment criteria in Council’s Financial Assistance Policy (Crown Street and Inner City Building Façade Rejuvenation Program). Based on the assessment and subsequent ranking of compliant applications, it was determined by the Panel that given the exhausting of Program funds, the top ranking twenty-two (22) applications would be recommended to receive financial assistance.

PROPOSAL

It is proposed Council resolve to provide financial assistance to the proposed recipients shown in Attachment 1, pursuant to the Financial Assistance Policy (Crown Street and Inner City Building Façade Rejuvenation Program).

CONSULTATION AND COMMUNICATION

Notification Process

In accordance with Section 356(2) of the Local Government Act 1993 proposed recipients to be granted financial assistance must not receive any assistance until at least twenty-eight days’ public notice of the Council’s proposal to pass the necessary resolution has been given.

Pursuant to Section 705 of the Local Government Act 1993, thirty-eight days’ public notice was given of the proposed recipients to be granted financial assistance from


4 December 2013 to 10 January 2014 (inclusive), under Council’s Financial Assistance Policy (Crown Street and Inner City Building Façade Rejuvenation Program).

Public Notice was given in The Advertiser newspaper on 4 December 2013 which appeared in the following form:

Crown Street and Inner City Building Façade Rejuvenation Program

Council proposes to pass a resolution to provide financial assistance pursuant to the Financial Assistance Policy (Crown Street and Inner City Building Façade Rejuvenation Program) to eligible applicants.

In accordance with Section 705 of the Local Government Act 1993, notice is given that a copy of the proposed resolution may be inspected between 9am to 4.30pm, Monday to Friday, at Council’s Customer Service Centre in Council’s Administration Building and at all Council Libraries. Alternatively, a copy of the resolution may be obtained on request from Council’s Economic Development Unit by emailing [email protected]

Please note, Council’s Administration Building and offices will be closed from 1pm on 24 December 2013 and regular operating hours will resume on Thursday 2 January 2014.

Submissions regarding the proposed resolution may be made until 10 January 2014.

Further details are available at

http://www.wollongong.nsw.gov.au/service/revitalisingcitycentre/Pages/Crown-Street-Inner-City-Building-Facade-Rejuvenation-Program.aspx

Public Notice was also given on Council’s website from 4 December 2013 to 10 January 2014, which appeared in the following from:

Wollongong City Council proposes to pass a resolution to provide financial assistance pursuant to the Financial Assistance Policy (Crown Street and Inner City Building Façade Rejuvenation Program) to eligible applicants.

The proposed resolution pertains to properties located at:

• 102 Crown Street, Wollongong



• 58-60 Crown Street, Wollongong
























In accordance with Section 705 of the Local Government Act 1993, a copy of the proposed resolution can be viewed under the ‘Related Documents’ section of this page.

Copies of the proposed resolution are also available for inspection between 9am and 4.30pm Monday to Friday at Council’s Customer Service Centre at 41 Burelli Street, Wollongong and at all Council Libraries.

Please note, Council’s Administration Building and offices will be closed from 1pm on 24 December 2013 and regular operating hours will resume on Thursday 2 January 2014.

Submissions regarding the proposed resolution may be made until 10 January 2014 by:

• writing to the General Manager, Wollongong City Council, Locked Bag 8821, Wollongong DC NSW 2500

• emailing [email protected]

More information on this program can be found on Council’s website.


Further, Council prepared a media response for the Illawarra Mercury newspaper on 12 December 2013 which advised that the proposed recipients to be granted financial assistance were in the process of being publicly notified until 10 January 2014. An article titled ‘Facades to spruce up CBD’ was subsequently published in the Illawarra Mercury on 16 December 2013.

Submissions

In accordance with Section 706 of the Local Government Act 1993 before determining the matter notified, the Council must consider all submissions duly made to it. During the notification, no submissions were received by Council on the Program.

PLANNING AND POLICY IMPACT

This report relates to the commitments of Council as contained within the Strategic Management Plans:

Wollongong 2022 Community Goal and Objective – This report contributes to the Wollongong 2022 Objective 2.3 The profile of Wollongong as the regional city of the Illawarra is expanded and improved under the Community Goal 2 We have an innovative and sustainable economy. This report also promotes Wollongong 2022 objective 5.3 The public domain is maintained to a high standard and objective 5.4 Community safety is improved under Community Goal 5 We are a healthy community in a liveable city.

Economic Impacts

On the recommendation of the Assessment Panel, Council’s Façade Rejuvenation Program will result in the following:

• 22 applications for 27 rateable properties recommended to be granted financial assistance,

• 14 rateable properties in western Crown Street recommended to be granted financial assistance,

• 10 local heritage (façade) restorations to be granted financial assistance,

• 1 State heritage (façade) restoration recommended to be granted financial assistance,

• 221% return on Council’s investment in total works, and

• $2.1 million in modelled total economic output for the City of Wollongong (including all direct and indirect flow-on effects from Round 1 of the Program including the engaging of small local contractors etc).


The following table outlines the breakdown of contributions and work costings relating to this Program:

Eligible Works Total Works

Wollongong City Council Contribution

$297,000 $297,000

Private Investment $578,000 $656,000

TOTAL $875,000 $953,000 **

** This total investment includes additional works that are not eligible for financial assistance under the Program (associated with internal fit-outs, window displays etc)

The Program will enhance the attractiveness of the endorsed area to investors, business operators, local residents, tourists, visitors, and shoppers. It will therefore support and promote business, commerce, industry, and provide economic benefit to the city.

Research suggests that high quality facades and shopfronts encourage people to spend more time in attractive surrounds, and directly and indirectly improve perceptions of safety. Studies from around the world have demonstrated that improved streetscapes have a strong correlation with low vacancy rates.

Social/Cultural Impacts

Façade improvement has the capacity to enable rapid change for a city’s perception as it creates a more social environment and is a highly visible element of a city to passers-by.

Building facades and shopfronts immediately affect the perceptions one has of a city. Spaces that appear living are proven to stimulate perceptions of safety. Improvements to facades and streetscapes have the capacity to enable rapid change to the liveability factor and how inviting a city feels.

RISK ASSESSMENT

As part of the implementation phase of the Crown Street and Inner City Building Façade Rejuvenation Program, Council staff have prepared a procedures manual and risk assessment to ensure the effective, efficient and transparent delivery of the Program.

FINANCIAL IMPLICATIONS

The Local Government Act 1993 (the Act) provides that a Council may provide financial assistance to individuals or organisations for the purpose of exercising its functions. The Façade Rejuvenation Program will comply with all requirements as set within the Act.


Budget

Council has previously approved a budget of $300,000 per year for the next two financial years for the Façade Rejuvenation Program:

2013-14 financial year - $300,000

2014-15 financial year - $300,000.

CONCLUSION

It is proposed Council resolve to provide financial assistance to the proposed recipients shown in Attachment 1, pursuant to the Financial Assistance Policy (Crown Street and Inner City Building Façade Rejuvenation Program).


REF: CM4/14 File: GI-80.06.03.003

ITEM 2 POLICY REVIEW - CODE OF MEETING PRACTICE

A review of the Code of Meeting Practice was undertaken as part of the rolling three year review of Council Policies. A Draft Amended Code of Meeting Practice (Code) was subsequently considered and approved in principle by Council at its meeting on 28 October 2013 pending public notice of Council’s intention to amend the Code and allowing at least 42 days for public submissions.

Following the statutory advertising and consultation period, one submission had been received by Council. This submission has been considered and is proposed for inclusion in the draft amended Code of Meeting Practice which is submitted for adoption.

RECOMMENDATION

The attached amended Code of Meeting Practice be adopted.

ATTACHMENTS

Amended Code of Meeting Practice


Report of: Lyn Kofod, Manager Governance and Information Authorised by: Greg Doyle, Director Corporate and Community Services – Creative,

Engaged and Innovative City

BACKGROUND

Following the Council meeting of 13 May 2013 and a Councillor Workshop on 18 July 2013 the following amendments to the Code of Meeting Practice were approved in principle by Council at its meeting on 28 October 2013 subject to public notice:

1 Incorporation of the procedures contained within the Public Access Forum Policy.

2 Clause 1.3 – Notice to Councillors for Extraordinary Meetings – include an additional paragraph ‘the General Manager, in consultation with the Lord Mayor, may call an Extraordinary Meeting of Council if considered necessary and appropriate provided that notice of at least seven days is provided to Councillors.’

Section 367 of the Local Government Act must be read as permitting the General Manager to call an Extraordinary Meeting of Council given its references to the requirements that the General Manager must follow in giving notice of a meeting.

Further, the General Manager’s delegation has granted him all of Council’s powers, save for those specifically reserved under that delegation. The calling of an Extraordinary Meeting has not been reserved to Council only and, hence, the General Manager has the requisite power.


3 Clause 2.4 – Attendance at Council Meetings – inclusion of a note indicating that the tendering of an apology does not constitute a formal leave of absence.

4 Clause 2.5 – Application for Leave of Absence – clarifying the process for a Councillor applying for leave of absence.

5 Clause 4.7 – Dealing With Matters Without Notice at an Ordinary Meeting – inclusion of the process to be undertaken when considering whether or not to transact business even though due notice has not been given to Councillors.

6 Part 5 – Declarations of Conflicts of Interest – inclusion of wording taken from the Division of Local Government Model Code of Conduct 2013 to assist Councillors when considering conflicts of interest.

7 Clause 5.3 – Disclosure of Pecuniary Interests and Attendance at Meetings – the inclusion of paragraphs 4 and 5 from Section 451 of the Local Government Act where consideration of environmental planning instruments relate to the whole or significant parts of the Council area and to Special Disclosures made by Councillors.

8 Clause 6.5 – Speaking to Motions – inclusion of wording to formalise the current practice where Councillors may move a motion seeking additional time for a Councillor to conclude his/her address.

9 Clause 6.9 – Foreshadowed Motions and Foreshadowed Amendments – removal of incorrect wording and the addition of wording confirming that discussion of foreshadowed amendments can only take place once the previous amendment has been dealt with.

PROPOSAL

One submission had been received at the conclusion of the statutory advertising and consultation period. This submission proposed that the Order of Business as detailed in Clause 4.5 of the Code be amended to allow for the Call of the Agenda to be brought forward.

It is considered that the request has merit and the draft amended Code of Meeting Practice has been amended to allow for the Call of the Agenda to be dealt with prior to any Lord Mayoral Minutes, Notices of Motion and Agenda items.

This will ensure that persons in the public gallery who are attending to hear the outcome of a particular Agenda item are not unnecessarily delayed should that item be moved as part of the Call of the Agenda. Similarly any staff members in attendance for a particular Agenda item would have the opportunity of leaving the meeting if that item is moved as part of the Call of the Agenda.

The draft amended Code of Meeting Practice is submitted for Council’s determination.



Council is required to give public notice of the draft amended Code in accordance with Section 361 of the Local Government Act 1993. The period of public exhibition must not be less than 28 days and the public notice must also specify that a period of not less than 42 days is allowed in which submissions may be made.

The draft Amended Code of Meeting Practice was advertised on Council’s website on 7 November 2013 and in the Wollongong Advertiser on 6 November 2013.

The amendment proposed as a result of the public consultation process is not considered substantial and in accordance with Section 362 (2) of the Local Government Act the draft amended Code of Meeting Practice is recommended for adoption without further public exhibition.



Wollongong 2022 Community Goal and Objective – This report contributes to the Wollongong 2022 Objective ‘our local Council has the trust of the community’ under the Community Goal ‘we are a connected and engaged community.’

It specifically delivers on core business activities as detailed in the Governance and Administration Service Plan 2013-14.

CONCLUSION

The Code of Meeting Practice is a comprehensive document to assist Councillors to participate in the formal meeting and decision making process to a standard expected by legislation and the community.

The proposed amendments to the Code of Meeting Practice will further assist Councillors in the conduct of Council meetings and the attached amended Code of Meeting Practice is recommended for adoption.


REF: CM3/14 File: CP-914.05.001

ITEM 3 QUARTERLY REPORT ON DEVELOPMENT APPLICATIONS INVOLVING VARIATIONS TO DEVELOPMENT STANDARDS

This report outlines Development Applications which have been determined during the quarterly period 1 July 2013 to 30 September 2013, where variations to development standards were granted.

This information has also been provided to the NSW Department of Planning and Infrastructure.

RECOMMENDATION

Council note the report.

ATTACHMENTS

Development Applications Approved with Variations to Development Standards for the period between 1 July 2013 and 30 September 2013.


Report of: Mark Riordan, Manager Development Assessment and Certification Authorised by: Andrew Carfield, Director Planning and Environment – Future City

and Neighbourhoods

PROPOSAL

Development Applications involving variations to development standards may be made under Clause 4.6 in Wollongong Local Environmental Plan 2009 and Clause 4.6 in Wollongong Local Environmental Plan (West Dapto) 2010 and through the use of State Environmental Planning Policy No 1 – Development Standards for applications where Wollongong Local Environmental Plan 1990 still applies.

During the quarterly period of 1 July 2013 to 30 September 2013 two Development Applications have been determined involving variations to development standards (Attachment 1).

The NSW Department of Planning and Infrastructure Circular PS 08/014 dated 14 November 2008 requires Council to complete quarterly returns to the Department on Development Applications where variations to development standards have been made. The quarterly return has been sent to the Department of Planning and Infrastructure.

Please note that the production of this quarterly report was delayed due to technical issues with the reporting mechanism. These issues are now resolved and the next quarterly report for 1 October to 31 December 2013 will be reported to the Council meeting on 10 February 2014.




Wollongong 2022 Community Goal and Objective – This report contributes to the Wollongong 2022 Objective 1.6: The sustainability of our urban environment is improved under the Community Goal. We value and protect our environment.

It specifically addresses the Annual Plan 2013-14 Key Deliverables Development is functional, attractive and sympathetic with the environment and avoids unnecessary use of energy, water or other resources which forms part of the Five Year Action Provide high quality development assessment & certification based on QBL principles contained within the Delivery Program 2012-17.

This information will be also used to inform future reviews of planning controls.


REF: CM7/14 File: FI-230.01.112

ITEM 4 TENDER T13/10 PROVISION OF DECORATIVE LIGHTING FOR THE REFURBISHMENT OF THE CROWN STREET MALL

On 2 September 2013, Council invited tenders for the fabrication and supply of decorative lighting for the refurbishment of the Crown Street Mall. Two tenders were received by the close of tenders on Thursday, 3 October 2013.

This report recommends that Council decline to accept any of the tenders received for the supply of decorative lighting for the Crown Street Mall in accordance with the requirements of the 178(1) (b) of the Local Government (General) Regulation 2005.

RECOMMENDATION

1 a In accordance with the Local Government (General) Regulation 2005, Clause 178(1) (b), Council decline to accept any of the tenders which Council has received for supply of decorative lighting and resolve to enter into negotiations with one, all of the tenderers, or any other parties with a view to entering into a contract in relation to the subject matter of the tender.

b In accordance with the Local Government (General) Regulation 2005, Clause 178(4), the reason for Council hereby resolving to enter into negotiations with one or all of the tenderers, or any other party, and not inviting fresh tenders is that it is anticipated that a satisfactory outcome can be achieved with one of those parties who have demonstrated a capacity and ability to undertake the works.

2 Council delegate to the General Manager the authority to undertake and finalise the negotiations, firstly with the recommended tenderers, and, in the event of failure of negotiations with those tenderers, any other parties, with a view to entering into a contract in relation to the subject matter of the tender.

ATTACHMENTS

There are no attachments for this report.


Report of: Ted Spasich, Manager Project Delivery [Acting] Authorised by: Mike Hyde, Director Infrastructure and Works – Connectivity, Assets

and Liveable City

BACKGROUND

Tenders were invited by selective tender following an open Expression of Interest (EOI) with a close of tenders of 10.00 am on 3 October 2013.

Two tenders were received by the close of tenders and all tenders have been scrutinised and assessed by a Tender Assessment Panel comprising representatives of


the Project Delivery, Governance and Information and Finance Divisions and the NSW Government Architect’s Office Design Team.

The Tender Assessment Panel assessed all tenders in accordance with the following assessment criteria as set out in the formal tender documents:

Assessable Criteria and Weighting

1 Cost to Council - 45%

2 Demonstrated strengthening of local economic capacity - 5%

3 Demonstrated experience in the fabrication and delivery of public decorative lighting projects (Total EOI Score) - 10%

4 Proposed fabrication and delivery program - 20%

5 Aesthetics and finish – 10%

6 Durability, maintenance and design life - 10%

7 Referees

The Tender Assessment Panel utilised a weighted scoring method for the assessment of tenders which allocates a numerical score out of 5 in relation to the level of compliance offered by the tenders to each of the assessment criteria as specified in the tender documentation. The method then takes into account pre-determined weightings for each of the assessment criteria which provides for a total score out of 5 to be calculated for each tender. The tender with the highest total score is considered to be the tender that best meets the requirements of the tender documentation in providing best value to Council. Table 1 below summarises the results of the tender assessment and the ranking of tenders.

Table 1 – Summary of Tender Assessment

Tenderer Ranking

The Lighting Group Pty Ltd 1

3S Lighting Pty Ltd 2

The tendered price exceeds Council’s budget provision for the decorative lighting component of the Crown Street Mall Refurbishment (CSMR) project.

PROPOSAL

All tenders have been scrutinised and assessed by a Tender Assessment Panel; however, as the tendered price exceeds Council’s budget provision for the decorative lighting component of the Crown Street Mall Refurbishment project it is recommended that all tenders be declined.


Further, it is recommended that Council enter into negotiations, firstly with the recommended tenderers, and, in the event of failure of negotiations with those tenderers, any other parties, with a view to entering into a contract in relation to the subject matter of the tender.


Council has ensured the CSMR project has been extensively advertised and discussed with the community and stakeholders at various stages in the development of this project. A significant consultation program was undertaken in November 2008 which included a number of kiosks, stakeholder meetings, community forums and advertising.

The CSMR project was again widely advertised when the development application was lodged. The project scope includes an extensive consultation program during the construction program with retailers and other stakeholders.



Wollongong 2022 Community Goal and Objective – This report contributes to the Wollongong 2022 Objective 2.3 – The profile of Wollongong as the Regional City of the Illawarra is expanded and improved under the Community Goal of creating an innovated and sustainable economy.

It specifically addresses the Annual Plan 2013-14 Key Deliverables – Establish the key infrastructure priorities for the City Centre, undertake the Crown Street Mall Refurbishment and deliver the Crown Street Activation Project which forms part of the Five Year Action - Undertake major refurbishment works in the City Centre which forms part of the Five Year Action contained within the Delivery Program 2012-17.

RISK ASSESSMENT

The risk in accepting the recommendation of this report is considered low based on the following –

• This tender process has fully complied with Council’s tendering procedures and the Local Government Act 1993.


It is proposed that the total project be funded from the following source/s as identified in the Management Plan –

Capital Budget 2013/2014/2015 – Crown Street Mall Refurbishment

Council has also received approval from the Regional Development Australia Fund – Round 2 Grant Program in the sum of $4.98M for the CSMR Project.


CONCLUSION

The tendered price exceeds Council’s budget provision for the decorative lighting component of the Crown Street Mall Refurbishment project; however, it is anticipated that, subject to negotiations, a satisfactory outcome can be achieved with one of the tenderers, or failing that, with another party.


REF: CM8/14 File: FI-230.01.124

ITEM 5 TENDER T13/20 – REVIEW OF BROOKS CREEK FLOOD STUDY/FLOODPLAIN RISK MANAGEMENT STUDY AND PLAN

This report recommends acceptance of a tender for the review of Brooks Creek Flood Study and Floodplain Risk Management Study and Plan in accordance with the requirements of the Local Government Act 1993 and the Local Government (General) Regulation 2005. In 2010, Council adopted the combined Mullet and Brooks Creek Flood Study and Floodplain Risk Management Study and Plan. In the study it was recommended that the Brooks Creek studies be reviewed due to the lack of survey information at the time. Council has now sourced new LiDAR survey data and proposes to review the Brooks Creek Studies.

Thirteen tenders were received and the report recommends Council accept the tender submitted by SMEC Australia Pty Ltd.

RECOMMENDATION

1 In accordance with the Local Government (General) Regulation 2005, Clause 178 (1) (a), Council accept the tender of SMEC Australia Pty Ltd for review of Brooks Creek Flood Study and Floodplain Risk Management Study and Plan, in the sum of $76,517, excluding GST.

2 Council delegate to the General Manager the authority to finalise and execute the contract and any other documentation required to give effect to this resolution.

3 Council grant authority for the use of the Common Seal of Council on the contract and any other documentation, should it be required to give effect to this resolution.

ATTACHMENTS

Catchment Plan


Report of: Martin Parmenter, Manager Infrastructure Strategy and Planning [Acting]

Authorised by: Mike Hyde, Director Infrastructure and Works – Connectivity, Assets and Liveable City

BACKGROUND

The primary objective of the study is to review the current Brooks Creek Flood Study and Floodplain Risk Management Study and Plan with the new ground survey information that has just been made available. The current study has deficiencies upstream of Emerson Road. A likely diversion of flood waters was also identified as a result of a blockage in the Emerson Road culverts. This diversion forces flood waters


(in extreme events) onto the F6 (now called M1) highway. The anomalies in the current study need to be accounted for before flood mitigation strategies are developed.

This study will be conducted in accordance with the NSW Government's Flood Policy, as detailed in the NSW ‘Floodplain Development Manual: The Management of Flood Liable Land’ (2005).

The study will produce information on flood levels, velocities, flows, hydraulic categories and provisional hazard categories for existing conditions under a full range of design flood events. In addition to the above, the study is to recommend appropriate planning setbacks and flood planning levels (FPL’s) in consultation with Council’s Planning Officer. The study will also assess flood mitigation options to try to manage flooding within the catchment via various means.

Tenders were invited by the open tender method with a close of tenders of 10.00 am on 4 September 2013.

Thirteen tenders were received by the close of tenders and all tenders have been scrutinised and assessed by a Tender Assessment Panel comprising representatives of the Infrastructure (Strategy and Planning), Infrastructure Works (City Works) and Finance (Procurement Section) Divisions.


1 Cost to Council (30%)

2 Demonstrated experience in undertaking projects of similar size and scope (25%)

3 Staff Qualifications and Experience (25%)

4 Project Schedule (15%)

5 Strengthening of the Local Economy Capacity (5%)

6 References (Mandatory)




Tenderer Ranking

SMEC Australia Pty Ltd 1

SKM Pty Ltd 2

Cardno (NSW/ACT) Pty Ltd 3

WMA Water 4

Balance Research and Development 5

Haskoning Australia Pty Ltd 6

BG&E Pty Ltd 7

Golder Associates Pty Ltd 8

NSW Department of Services, Technology and Administration

9

BMT WBM Pty Ltd 10

GHD Pty Ltd 11

Catchment Simulation Solutions 12

Dana ECPM 13

PROPOSAL

Council should authorise the engagement of SMEC Australia Pty Ltd to carry out the consulting service in accordance with the scope of works and technical specifications developed for the project.

The recommended tenderer has satisfied the Tender Assessment Panel that it is capable of undertaking the works to Council’s standards and in accordance with the technical specification.

Referees nominated by the recommended tenderer have been contacted by the Tender Assessment Panel and expressed satisfaction with the standard of work and methods of operation undertaken on their behalf


Members of the Tender Assessment Panel consisting of representatives from Infrastructure Strategy and Planning, City Works and Services, Governance and Information and Finance Divisions.




Wollongong 2022 Community Goal and Objective – This report contributes to the Wollongong 2022 Objective 1.1.3.2 under the Community Goal 1.

It specifically addresses the Annual Plan 2013-14 Key Deliverables (implement Council's Floodplain Risk Management Plans) which forms part of the Five Year Action (section 1.1.3.2) contained within the Delivery Program 2012-17.

RISK ASSESSMENT



• The recommended tenderer, SMEC Australia Pty Ltd, has successfully completed a number of projects of similar size and scope for Council.



The project will be funded under the Annual Plan 2013/14 – Stormwater Services, which includes 60% funding from the NSW Government

CONCLUSION

SMEC Australia Pty Ltd has submitted an acceptable tender to carry out the consulting service. Council should endorse the recommendations of this report.


REF: CM9/14 File: FI-230.01.134

ITEM 6 TENDER T13/31 GRAND PACIFIC WALK STAGE 1 COALCLIFF/STANWELL PARK – STONEY CREEK SHAREWAY BRIDGE

This report recommends acceptance of a tender for construction of a new shareway bridge over Stoney Creek in Coalcliff, in accordance with the requirements of the Local Government Act 1993 and the Local Government (General) Regulation 2005. This bridge for foot and cycle traffic is part of The Grand Pacific Walk Stage 1 and is a project approved for funding by the $100,000,000 Restart NSW Illawarra Infrastructure Fund, established by the NSW Government to drive economic growth in the region.

Two conforming tenders were received and the report recommends Council accept the tender submitted by Fernandez Constructions Pty Ltd.

RECOMMENDATION

1 In accordance with the Local Government (General) Regulation 2005, Clause 178 (1) (a), Council accept the tender of Fernandez Constructions Pty Ltd for construction of a new shareway bridge over Stoney Creek in Coalcliff, in the sum of $724,986 excluding GST.



ATTACHMENTS

Location Plan – Stoney Creek Shareway Bridge



and Liveable City

BACKGROUND

Council is developing the Grand Pacific Walk, which will run from the southern end of the Royal National Park to Lake Illawarra. The Stage 1 section (Stanwell Park to Coalcliff) of the Grand Pacific Walk route is challenging, with steep and sometimes unstable land, narrow roads and a lack of provisions for pedestrians and cyclists.

Whilst developing the draft Grand Pacific Walk Master Plan, the need to fast-track improvements to pedestrian safety at Coalcliff became apparent. The Stoney Creek


Shareway Bridge is one of two projects in this area, which is therefore considered a high priority by Council.

Tenders were invited by the open tender method with a close of tenders of 10.00 am on 28 November 2013.

Two conforming tenders were received by the close of tenders and all tenders have been scrutinised and assessed by a Tender Assessment Panel comprising representatives of the Finance, Governance and Information and Project Delivery Divisions.


1 Mandatory Criteria

• Referees

• Financial Capacity – tenderers may be required to provide the information required by an independent financial assessment provider engaged by Council to provide an assessment of the financial capacity of the tenderer.

• Demonstrated experience in complex reinforced concrete structures.

2 Assessable Criteria and Weightings

• Cost to Council - 40%

• Demonstrated strengthening of local economic capacity - 5%

• Demonstrated experience and satisfactory performance in undertaking projects of similar size and scope – 20%

• Staff qualifications and experience - 15%

• Demonstrated WHS Management system, and Environmental and Quality Management Policies and Procedures - 10%

• Project Schedule - 5%

• Project Risk Assessment - 5%



TABLE 1 – SUMMARY OF TENDER ASSESSMENT

Tenderer Ranking

Fernandez Constructions Pty Ltd 1

GT Civil 2

PROPOSAL

Council should authorise the engagement of Fernandez Constructions Pty Ltd to carry out the construction of a new shareway bridge over Stoney Creek in Coalcliff in accordance with the scope of works and technical specifications developed for the project.


Referees nominated by the recommended tenderer have been contacted by the Tender Assessment Panel and expressed satisfaction with the standard of work and methods of operation undertaken on their behalf.


1 Members of the Tender Assessment Panel consisting of representatives from Finance, Governance and Information and Project Delivery Divisions

2 Nominated Referees

3 External Consultants – NSW Public Works (project management)



Wollongong 2022 Community Goal and Objective – This report contributes to the Wollongong 2022 Objective to improve the connectivity of the Local Government Area through the upgrade of our network of footpaths and cycle ways under the Community Goals ‘Healthy Community in a Liveable City’ and to have ‘Sustainable, Affordable and Accessible Transport’.

It specifically addresses the Annual Plan 2013-14 Key Deliverables 6.1.3 Interconnected and accessible cycle-ways and footpaths are planned and delivered, which forms part of the Five Year Action 6.1.3.1 Improve the connectivity of the local government area through the upgrade in our network of footpaths and cycle ways, contained within the Delivery Program 2012-17.


RISK ASSESSMENT



• The recommended tenderer, Fernandez Constructions Pty Ltd, has successfully completed a number of projects of similar size and scope for RMS, Wollongong City Council and other NSW Councils.


The total program be funded from the following source as identified in the Management Plan (includes grant funding under the Restart NSW Illawarra Infrastructure Fund).

2013-2014 Capital Budget B313206

CONCLUSION

Fernandez Constructions Pty Ltd has submitted an acceptable tender to carry out the construction of a new shareway bridge over Stoney Creek in Coalcliff. Council should endorse the recommendations of this report.


REF: CM10/14 File: FI-230.01.136

ITEM 7 TENDER T13/33 BUSHELL'S HILL BRIDGE REPAIRS

This report recommends acceptance of a tender for the provision of repair works to Bushell’s Hill Bridge on Cordeaux Road, Mt Kembla in accordance with the requirements of the Local Government Act 1993 and the Local Government (General) Regulation 2005.

The purpose of the tender is to perform remedial works to the bridge including repainting corroded girders, repair of the damaged concrete bridge soffit and construction of a concrete wing wall.

Five tenders were received and the report recommends Council accept the tender submitted by Silver Raven Pty Ltd.

RECOMMENDATION

1 In accordance with the Local Government (General) Regulation 2005, Clause 178 (1) (a), Council accept the tender of Silver Raven Pty Ltd for the provision of bridge remediation works to Bushell’s Hill Bridge on Cordeaux Road, Mt Kembla in the sum of $123,637.00, excluding GST.



ATTACHMENTS

Location Plan – Bushell’s Hill Bridge



and Liveable City

BACKGROUND

As part of Council’s asset maintenance program, an inspection of Bushell’s Hill Bridge was carried out and a condition report was prepared. This report highlighted that the older section of the bridge is structurally sound, however in an overall poor condition that requires remediation. The painted steel girders have corroded to a point where cleaning and repainting is required; the concrete soffit is damaged and requires repair; and the upstream wing wall requires in filling and shotcreting to prevent scour.


This tender includes both fixed price and variable price components as follows:

• A fixed schedule of works for the steel repairs and the wing wall infill.

• A provisional schedule of work for the concrete repairs, as the actual extent of repairs necessary will only be confirmed as the damaged areas are chased out.

• A schedule of rates for concrete repairs.

Tenders were invited by the open tender method with a close of tenders of 10.00 am on 19 November 2013.

Five tenders were received by the close of tenders and all tenders have been scrutinised and assessed by a Tender Assessment Panel comprising representatives of the Project Delivery, Infrastructure Strategy and Planning, Finance, Human Resources and Governance and Information divisions.


1 Cost to Council – 60%

2 Demonstrated strengthening of local economic capacity – 5%

3 Demonstrated experience and satisfactory performance in undertaking projects of similar size and scope – 20%

4 Demonstrated WH&S Management System – 5%

5 Environmental management policies and procedures – 5%

6 Project Schedule – 5%.




Tenderer Ranking

Silver Raven Pty Ltd 1

Specialised Marine Services (Australia) Pty Ltd 2

Bridge Check Australia Pty Ltd 3

Marine and Civil Maintenance Pty Ltd 4

Metropolitan Restorations Pty Ltd 5

PROPOSAL

Council should authorise the engagement of Silver Raven Pty Ltd to carry out the works in accordance with the scope of works and technical specifications developed for the project.


Referees nominated by the recommended tenderer have been contacted by the Tender Assessment Panel and expressed satisfaction with the standard of work and methods of operation undertaken on their behalf.


1 Members of the Tender Assessment Panel consisting of representatives from the Project Delivery, Infrastructure Strategy and Planning, Finance, Human Resources, Governance and Information divisions and external consultants.

2 Nominated Referees.



Wollongong 2022 Community Goal and Objective – This report contributes to the Wollongong 2022 Objective 5.3 “The public domain is maintained to a high standard” under the Community Goal 5 “We are a healthy community in a liveable city”.

It specifically addresses the Annual Plan 2013-14 Key Deliverables to deliver 85% of Council’s capital investment into our asset renewal program which forms part of the Five Year Action - Manage and maintain community infrastructure portfolio with a focus on asset renewal contained within the Delivery Program 2012-17.


RISK ASSESSMENT



• The recommended tenderer, Silver Raven Pty Ltd has successfully completed a number of projects of similar size and scope.



2013/14 Capital Budget – B312706

CONCLUSION

Silver Raven Pty Ltd has submitted an acceptable tender to carry out the works. Council should endorse the recommendations of this report.


REF: CM1/14 File: PR-005.01.063

ITEM 8 PROPOSED ACQUISITION OF DRAINAGE RESERVE ADJOINING NOS 721 AND 723 LAWRENCE HARGRAVE DRIVE AND NO 22 HYDE LANE, COLEDALE

On 27 May 2013, Council resolved to undertake a compulsory acquisition of the drainage reserve adjoining Nos 721 and 723 Lawrence Hargrave Drive and No 22 Hyde Lane, Coledale, as shown hatched on the attached plan.

Upon submitting the compulsory acquisition application to the Department of Local Government, the Department advised that the Australian Securities and Investment Commission (ASIC) should be consulted as the land is owned by a deregistered company. This consultation revealed that the assets of the company are now in the ownership of ASIC. ASIC advised that as the land is currently being used for drainage purposes, they are prepared to transfer it to Council for nil consideration, as they are formalising an existing use.

This report seeks to rescind Council’s resolution of 27 May 2013 and obtain approval to the transfer of the land from ASIC to Council.

RECOMMENDATION

1 Minute No 89 of the Ordinary Meeting of Council held on 27 May 2013 be rescinded.

2 Council authorise the acquisition of the drainage reserve adjoining Lot 1 DP 1099809 No 721 and Lot 1 DP 1169156 No 723 Lawrence Hargrave Drive and Lot 2 DP 1169156 No 22 Hyde Lane, Coledale, as shown hatched on the attached plan, from the Australian Securities and Investment Commission (ASIC) for $1.00 (GST exc), if demanded.

3 Upon the acquisition being finalised, the land be classified as Operational land under the Local Government Act 1993.

4 Authority be granted to affix the Common Seal of Council to the transfer documents and any other documentation required to give effect to this resolution.

ATTACHMENTS

Plan showing land proposed to be acquired.


Report of: Peter Coyte, Manager Property and Recreation Authorised by: Greg Doyle, Director Corporate and Community Services – Creative,



BACKGROUND

On 27 May 2013, Council resolved to undertake a compulsory acquisition of the drainage reserve adjoining Nos 721 and 723 Lawrence Hargrave Drive and No 22 Hyde Lane, Coledale, as shown hatched on the attached plan.

Upon submitting the compulsory acquisition application to the Department of Local Government, the Department requested that as the land is in the ownership of the North Bulli Coal and Iron Mining Company Pty Ltd, which has been deregistered since 1957, Council should consult with the Australian Securities and Investment Commission (ASIC).

Consultation with ASIC revealed that the assets of that company are now in the ownership of ASIC. ASIC advised that as the drainage reserve is currently being used for drainage purposes, they are prepared to transfer it to Council for nil consideration as they will be formalising an existing use.

PROPOSAL

It is proposed to acquire the drainage reserve adjoining Nos 721 and 723 Lawrence Hargrave Drive and No 22 Hyde Lane, Coledale, as shown hatched on the attached plan, from the Australian Securities and Investment Commission for nil consideration, as offered by ASIC.

Upon the acquisition being finalised, the land will be classified as Operational land under the Local Government Act 1993.


Department of Local Government

Australian Securities and Investment Commission


Wollongong 2022 Community Goal and Objective – This report contributes to the Wollongong 2022 Objective “Provide statutory services to appropriately manage and maintain our public spaces” under the Community Goal “We are a healthy community in a liveable city”.

It specifically delivers on core business activities as detailed in the Property Services Service Plan 2013-14.


Although Council is required to pay ASIC nominal consideration, if demanded, for the land, Council will be responsible for all costs in the transfer of the land.

There are funds available for these costs in the current budget.


CONCLUSION

As the acquisition of the drainage reserve will allow works to be undertaken which will resolve longstanding drainage issues in the area, it is recommended that the acquisition be approved as set out in this report.


REF: CM2/14 File: CF-05.03196

ITEM 9 PROPOSED ACQUISITION OF PART OF LOT 95 DP 9943 NO 29 MURRAY ROAD, EAST CORRIMAL FOR ROAD WIDENING

In the 1960s and 70s, Council reconstructed Murray Road, East Corrimal and following completion of this work, the footpath area on the southern side of the road was reduced to about one metre wide. Council subsequently resolved to widen the footpath to approximately 2.5 metres wide which made it necessary to acquire portions of privately owned land for road widening purposes. Since that time, Council has acquired various portions from the landowners between Pioneer Road and Cawley Street, East Corrimal.

Agreement has now been reached with the landowner of No 29 Murray Road, East Corrimal to acquire the 1.6m wide strip of his land fronting Murray Road, being Lot 110 DP 240922. This report seeks approval to the acquisition.

RECOMMENDATION

1 Council acquire Lot 110 DP 240922 for road widening, being the portion of Lot 95 DP 9943 No 29 Murray Road, East Corrimal, shown on Attachment 1, on the following conditions:

a Compensation in the amount of $14,000 (GST exc).

b Council be responsible for all costs in the matter.

2 Upon acquisition, the land be dedicated as public road under the provisions of Section 10 of the Roads Act 1993.


ATTACHMENTS

1 Plan of portion of Lot 95 DP 9943 No 29 Murray Road, East Corrimal proposed to be acquired for road widening.

2 Plan of portions of road widening in Murray Road still to be acquired.


Report of: Peter Coyte, Manager Property and Recreation Authorised by: Greg Doyle, Director Corporate and Community Services – Creative,



BACKGROUND

Following reconstruction of Murray Road, East Corrimal between Pioneer Road and Cawley Street in the 1960s and 70s, a narrow footpath reserve was created on the southern side of the road. Council subsequently resolved to widen the footpath to approximately 2.5m which necessitated the acquisition of portions of privately owned land as road widening.

In 1971, DP 240911 was prepared and registered at the NSW Land Titles Office defining all the land to be acquired. One property affected by the road widening is Lot 95 DP 9943 No 29 Murray Road, East Corrimal. The land to be acquired from this property is Lot 110 DP 240922 which has an area of 25.3 sq m and is shown on Attachment 1. Attachment 2 shows the portions of land from the eleven properties still to be acquired in this road widening scheme.

The owner of Lot 95 has recently approached Council with a request for Council to acquire the portion of road widening.

A valuation was undertaken by Walsh and Monaghan Valuers and based on this report, agreement has been reached with the landowner for compensation in the amount of $14,000 (GST exc) to be paid for the land. Council will be responsible for all costs in the matter including the relocation of the water meter, legal and transfer costs.

Funds are available for this matter from the adopted capital budget.

PROPOSAL

Council acquire for road widening Lot 110 DP 240922 being part of Lot 95 DP 9943 No 29 Murray Road, East Corrimal, as shown on Attachment 1, on the following terms and conditions:

1 Compensation in the amount of $14,000 (GST exc) be paid for the land.

2 Council be responsible for the cost of the relocation of the water meter from within the portion of land proposed to be acquired.

3 Council be responsible for all other costs in the matter, including legal costs.


Owner of Lot 95 DP 9943 No 29 Murray Road, East Corrimal

Manager Infrastructure


This item is in accordance with Council’s policy “Land Acquisition and Disposal”.

Wollongong 2022 Community Goal and Objective – This report contributes to the Wollongong 2022 Objective “Provide statutory services to appropriately manage and


maintain our public spaces” under the Community Goal “We are a healthy community in a liveable city”.

It specifically delivers on core business activities as detailed in the Property Services Service Plan 2013-14.


The amount of $14,000 (GST exc) is considered to be fair and reasonable and is consistent with the advice provided by Council’s consultant valuer from Walsh and Monaghan Valuers.

Council’s Infrastructure Strategy and Planning Manager has advised that funds for the acquisition and associated works are available from the adopted capital budget.

CONCLUSION

As this acquisition is part of an adopted road widening scheme, it is recommended Council approve the acquisition of the subject land as outlined in this report.


REF: CM5/14 File: CCL-160.15.30.001

ITEM 10 REVOCATION OF POLICY - LOCAL ETHNIC AFFAIRS POLICY STATEMENT (LEAPS)

A review of Council’s Policy register reveals that the Policy ‘Local Ethnic Affairs Policy Statement’ (LEAPS) is outdated and should be revoked.

Council’s existing Legislative responsibilities in relation to the principles of multiculturalism are identified in the ‘Community Relations Commission and Principles of Multiculturalism Act 2000’. The Wollongong 2022 Community Strategic Plan, and related plans, provides the most appropriate vehicle for Council to promote and uphold these principles. The Multicultural Policies and Services Program - Multicultural Planning Framework provided by the Community Relations Commission provides the tool to guide the integration of multicultural initiatives into Council business.

RECOMMENDATION

1 Council’s Local Ethnic Affairs Policy Statement (LEAPS) be revoked.

2 Council fulfil its Legislative responsibilities identified in the Community Relations Commission and Principles of Multiculturalism Act 2000 and promote and uphold the principles of multiculturalism through the delivery of the Wollongong 2022 Community Strategic Plan and related plans.

3 Council commit to the Multicultural Policies and Services Program - Multicultural Planning Framework as the tool to guide the implementation of the principles of multiculturalism and integration.

ATTACHMENTS

Multicultural Policies and Services Program - Multicultural Planning Framework


Report of: Tanya Buchanan, Manager Community, Cultural and Economic Development

Authorised by: Peter Coyte, Director Corporate and Community Services [Acting] – Creative, Engaged and Innovative City

BACKGROUND

The Local Ethnic Affairs Policy (LEAPS) was adopted by Council on 10 December 1990. In 2000, the Ethnic Affairs Priorities Statement (EAPS) was replaced by ‘The Community Relations Commission and Principles of Multiculturalism Act 2000’ which enshrines the principles of multiculturalism, as the Policy of New South Wales. This Act applies to NSW Government Departments, Statutory Authorities, State owned corporations and local Councils and requires each public authority to observe the principles of multiculturalism in conducting its affairs. The Act is supported by the


Multicultural Planning Framework. This Framework is a tool to guide the integration of multicultural initiatives into Council’s planning cycle and it provides a model for consistency and good practice in multicultural policy development and service provision.

The Framework includes seven broad outcomes:

Planning and Evaluation

- Outcome 1 – Planning

- Outcome 2 – Consultation and Feedback

Capacity Building and Resourcing

- Outcome 3 – Leadership

- Outcome 4 – Human Resources

Programs and Services

- Outcome 5 – Access and Equity

- Outcome 6 – Communication

- Outcome 7 – Social and Economic Development.

Council is not identified as a key agency under the Framework and therefore not required to submit a Multicultural Policies and Services Plan, but rather to use the Framework as a tool to identify and integrate relevant multicultural strategies within existing strategic plans and to guide continuous improvement.

The Multicultural Planning Framework and the ‘Implementing Principles of Multiculturalism Locally’ resource is currently being updated by the Community Relations Commission in consultation with the Division of Local Government to reflect the Integrated Planning and Reporting Framework. Once these new publications are available, further consideration will be given to how the principles of multiculturalism can be strengthened in the Community Strategic Plan documents.

PROPOSAL

This report proposes to revoke the Policy ‘Local Ethnic Affairs Policy Statement (LEAPS)’ as it is outdated and no longer relevant. Observing the principles of multiculturalism in the conduct of Council affairs continues to be a key Legislative requirement. However, the Legislative framework which provides for this is the ‘Community Relations Commission and Principles of Multiculturalism Act 2000.

Wollongong 2022 Community Strategic Plan and related plans provide the most appropriate vehicle for Council to plan for cultural diversity within the community and implement the principles of multiculturalism. The Multicultural Planning Framework provided by the Community Relations Commission guides Council in aligning its services and programs with the principles of multiculturalism to achieve best practice and better outcomes for Culturally and Linguistically Diverse (CALD) communities.



Consultation has been undertaken with the Division of Local Government and the Community Relations Commission to seek their advice on the most appropriate way to demonstrate Council’s commitment to uphold and promote the principles of multiculturalism. This advice has been considered in the development of the proposal and recommendations.

Council’s Executive Manager Strategy has been consulted on the integration of initiatives that uphold and promote the principles of multiculturalism within the Community Strategic Plan documents and supports this approach.


This report relates to the commitments of Council as contained within the Strategic Management Plans by upholding and promoting the principles of multiculturalism. Council will meet its Legislative responsibilities in relation to the Community Relations Commission and Principles of Multiculturalism Act 2000 and demonstrate a commitment to the principles of social justice that underpin the Wollongong 2022 Community Strategic Plan. Whilst the report relates to all aspects of Council’s business, it has particular reference to Wollongong 2022 Objectives 3.2 and 3.4 under the Community Goal - Wollongong is a creative, vibrant city and Objective 4.1, 4.2 and 4.3 under Community Goal – We are a connected and engaged community.


There are no financial implications as all initiatives will be delivered through existing operational resources.

CONCLUSION

Wollongong’s Local Government Area has a diverse population base with 16.7% of people speaking a language other than English at home (ABS Census 2011). Some suburbs have a much higher representation with 60% of residents in Cringila speaking a language other than English at home (ABS Census 2011).

Promoting and upholding the principles of multiculturalism and integrating the principles into Council’s services, programs and strategies is one of the keys to delivering Wollongong 2022. Upholding the principles, demonstrates Council’s continued commitment for better outcomes for our CALD communities and aligns with the principles of social justice and the goals and aspirations of the community.


REF: CM15/14 File: FI-914.05.001

ITEM 11 NOVEMBER 2013 FINANCIALS

The November 2013 financial report shows a positive result compared to year to date budget.

The Operating Result (pre capital) shows a $4.0M favourable variance against the year to date budget. The favourable variance is mainly due to the timing of a range of operational expenditure, improved income trends compared to phased budget in a number of areas and the revaluation of an investment asset. This is partially offset by an unfavourable variance in depreciation expense and loss on disposal of assets that is currently being reviewed.

The Funds (cash) result for November shows a favorable variance of $4.9M that largely represents the flow on impact of the cash component of the operating result combined with the impact of decreased proportion of capital works funded by Council funds at this point in time.

The Cash Flow Statement at the end of the period indicates that there is sufficient cash to support external restrictions.

Council has expended $24.8M on its capital works program representing 31% of the annual budget. The year to date budget for the same period was $23.9M.

RECOMMENDATION

1 The report be received and noted.

2 Proposed changes in the Capital Works Program be approved.

ATTACHMENTS

1 Income, Expense and Funding Statements – November 2013 2 Capital Project Report – November 2013 3 Balance Sheet – November 2013 4 Cash Flow Statement – November 2013


Report of: Brian Jenkins, Manager Finance Authorised by: Peter Coyte, Director Corporate and Community Services –

Creative, Engaged and Innovative City [Acting]

BACKGROUND

This report presents the Income and Expense Statement, Balance Sheet and Cash Flow Statement for November 2013. Council’s current budget has a Net Funding (cash) deficit of $11.2M, an Operating Deficit [Pre Capital] of $27.3M and a capital expenditure of $79.5M. At the end of November, Council remains on target to achieve the projected


result. The following table provides a summary view of the organisation’s overall financial results for the year to date.

Original Revised YTD YTDBudget Budget Forecast Actual Variation

KEY MOVEMENTS 1-Jul 29-Nov 29-Nov 29-Nov

Operating Costs $M (243.6) (245.0) (104.0) (100.9) 3.1

Operating Revenue $M 219.1 217.7 89.3 90.2 0.9

Operating Result [Pre Capital] $M (24.5) (27.3) (14.7) (10.7) 4.0

Capital Grants & Contributions $M 20.2 19.5 8.1 9.9 1.8

Operating Result $M (4.4) (7.8) (6.6) (0.8) 5.8

Operational Funds Available for Capital $M 28.9 28.8 11.7 16.1 4.4

Capital Works 73.4 79.5 23.9 24.8 (0.9)

Transfer to Restricted Cash 3.6 7.9 - - -

Contributed Assets - - - - -

Funded from:

- Operational Funds $M 28.9 28.8 11.7 16.1 4.4

- Other Funding $M 36.8 47.4 11.8 13.1 1.3

Total Funds Surplus/(Deficit) $M (11.3) (11.2) (0.4) 4.5 4.9

FORECAST POSITION

Financial Performance

The Total Funds result as at 29 November 2013 is favourable against the phased budget mainly due to the flow on impact of the cash component of the operating result combined with the impact of decreased proportion of capital works funded by Council funds at this point in time. This result is not impacted by non cash variations such as the negative variation on depreciation ($1.0M) and the loss on disposal of assets ($0.8M).

Capital Budget

As at 29 November 2013, Council had expended $24.8M or 31% of the approved annual capital budget of $79.5M.

Further detail regarding the final capital spend is outlined in the capital report in Attachment 2.

Liquidity

Council’s cash and investments holdings increased during November 2013 to $128.6M compared to $120.8M at the end of October 2013, largely due to the timing of rates instalments. This reflects normal trends for this time of the year.

Council’s cash, investments and available funds positions for the reporting period are as follows:


Total Cash and Investments $M 116.8 111.4 108.3 128.6

Less Restrictions:External $M 64.0 67.2 69.0 64.6Internal $M 24.4 24.9 19.7 26.0Total Restrictions 88.3 92.1 88.7 90.6

Available Cash $M 28.5 19.3 19.6 38.0

Adjusted for :Current payables (23.2) (21.9) (22.1) (23.5)Receivables 26.2 22.8 22.7 21.5

Net Payables & Receivables 3.0 0.9 0.6 (2.0)

Available Funds $M 31.5 20.2 20.2 36.0

* Original Budget adjusted for actual result at 30 June 2013

Actual Ytd 29 November

2013

CASH, INVESTMENTS & AVAILABLE FUNDS

Actual 2012/13

Adjusted Original Budget

2013/14*

September QR Budget 2013/14

The available funds position excludes restricted cash. External restrictions are funds that must be spent for a specific purpose and cannot be used by Council for general operations. Internal restrictions are funds that Council has determined will be used for a specific future purpose.

The available funds remain above Council’s Financial Strategy target of 3.5% to 5.5% of operational revenue [pre capital]. Based on the Adopted 2013/14 Annual Plan, the target range for Available Funds is between $7.7M and $12.0M. The projections for year ending 30 June 2014 that have been adjusted to include the impact of the actual result for the year ended 30 June 2013, indicate that Council is expected to have Available Funds of $20.2M at the end of the financial year. This amount is outside the target range mainly due to underspend of Council funded capital and operational savings in the 2012/13 financial year. The Draft Resourcing Strategy that has recently been issued for community consultation as part of the Securing Our Future proposes an increase in capital expenditure of $3M in each of the 2014/15 and 2015/16 and if adopted will result in bringing the forecast Available Funds closer to the upper limit of the target range over a period of time. The Actual Available Funds at 29 November 2013 are higher than the annual projected target primarily due to timing issues that include the early payment of the Federal Assistance Grant ($8.7M) and expenditure progress.

The Unrestricted Current Ratio measures the cash/liquidity position of an organisation. This ratio is intended to disclose the ability of an organisation to satisfy payment obligations in the short term from the unrestricted activities of Council. While Council’s ratio is currently below the Local Government Benchmark of >2:1, the strategy is to maximise the use of available funds for asset renewal by targeting a lean unrestricted current ratio.


Receivables

Receivables are the amount of money owed to Council or funds that Council has paid in advance. Non-current rates debtors are included in this amount to measure Available Funds. At November 2013, receivables totalled $21.5M, compared to receivables of $17.8M at November 2012.

Payables

Payables (the amount of money owed to suppliers) of $23.5M were owed at November 2013 compared to payables of $27.6M in November 2012. The majority of payables relate to goods and services and capital projects delivered but not yet paid for and rating income received in advance. Council has continued its performance in paying its creditors on time during this financial year with 88% of payments being made on time in November 2013 compared to the target of 85%.

Debt

Council continues to have financial strength in its low level of borrowing. Council’s Financial Strategy includes provision for additional borrowing in the future and Council will consider borrowing opportunities from time to time to bring forward the completion of capital projects where immediate funding is not available. In 2009/10, Council borrowed $26M interest free to assist in the delivery of the West Dapto Access Plan. Council has also been successful in applications for both round 1 and 2 of the Local Government Infrastructure Renewal Scheme (LIRS) program. A $20M loan was entered into late last year that will be used over a five year period to accelerate the Citywide Footpaths and Shared Path Renewal and Missing Links Construction Program. The loan drawdown of $4.5M for LIRS Round 2 was completed in early December and this will be used to support the acceleration of building refurbishment works for Berkeley Community Centre, Corrimal Library & Community Centre and Thirroul Pavilion and Kiosk over the next four to five years.

The industry measure of debt commitment is the Debt Service Ratio that measures the proportion of revenues that is required to meet annual loan repayments. Council’s low level of debt is reflected in Council’s Debt Service Ratio which was 1.49% at the end of November 2013. This is exceptionally low in comparison to the Local Government’s benchmark ratio of <10% and well within Council’s own longer term target of <4%. It is noted that non-cash interest expense relating to the amortisation of the income recognised on the West Dapto Access Plan Loan is not included when calculating the Debt Service Ratio.

Assets

The Balance Sheet shows that $2.4B of assets (written down value) are controlled and managed by Council for the community as at 29 November 2013. The 2013/14 capital works program includes projects such as the West Dapto Access Strategy, the Crown Street Mall upgrade, Whytes Gully new landfill cell, other civil asset renewals including roads, car parks and buildings and purchase of library books. At the end of November, capital expenditure amounted to $24.8M.




Wollongong 2022 Community Goal and Objective – This report contributes to the Wollongong 2022 Objective our local council has the trust of the community under the Community Goal we are a connected and engaged community.

It specifically delivers on core business activities as detailed in the Financial Services Service Plan 2013/14.

CONCLUSION

The results for November 2013 are within projections over a range of financial indicators and it is expected that Council will achieve the forecast annual results.


REF: CM11/14 File: FI-914.05.001

ITEM 12 DECEMBER 2013 FINANCIALS

The December 2013 financial reports show that performance to date against phased budget is positive over a range of indicators. The Operating Result (pre capital) and Funds Result show favourable variances compared to the phased budget of $2.4M and $5.8M respectively.

The Cash Flow Statement at the end of the period indicates that there is sufficient cash to support external restrictions.

Council has expended $31.9M on its capital works program representing 40% of the annual budget. The year to date budget for the same period was $33.1M.

RECOMMENDATION


2 Proposed changes in the Capital Works Program be approved.

ATTACHMENTS

1 Income, Expense and Funding Statements – December 2013 2 Capital Project Report – December 2013 3 Balance Sheet – December 2013 4 Cash Flow Statement – December 2013




BACKGROUND

This report presents the Income and Expense Statement, Balance Sheet and Cash Flow Statement for December 2013. Council’s current budget has a Total Funds (cash) deficit of $11.2M, an Operating Deficit [pre capital] of $27.3M and Capital Works expenditure of $79.5M. At the end of December, Council remains on target to achieve the projected result. The following table provides a summary view of the organisation’s overall financial results for the year to date.


Original Revised YTD YTDBudget Budget Forecast Actual Variation

KEY MOVEMENTS 1-Jul 27-Dec 27-Dec 27-Dec

Operating Costs $M (243.6) (244.9) (121.5) (120.8) 0.7

Operating Revenue $M 219.1 217.6 106.7 108.4 1.7

Operating Result [Pre Capital] $M (24.5) (27.3) (14.8) (12.4) 2.4

Capital Grants & Contributions $M 20.2 19.5 9.6 10.3 0.7

Operating Result $M (4.4) (7.8) (5.2) (2.1) 3.1

Operational Funds Available for Capital $M 28.9 28.8 13.2 17.0 3.8

Capital Works 73.4 79.5 33.1 31.9 1.2

Transfer to Restricted Cash 3.6 7.9 - - -

Contributed Assets - - - - -

Funded from:

- Operational Funds $M 28.9 28.8 13.2 17.0 3.8

- Other Funding $M 36.8 47.4 16.4 17.2 0.8

Total Funds Surplus/(Deficit) $M (11.3) (11.2) (3.5) 2.3 5.8

FORECAST POSITION

Financial Performance

The Operating Result [pre capital] shows a $2.4M favourable variance against the year to date budget. The favourable variance is impacted by a number of unusual items as well as general income and expenditure variations compared to phased budget. Unusual items include the recognition of revenue ($0.4M) from the forfeiture of a deposit held from the sale of land at Bellambi that did not proceed and the revaluation of an investment asset ($0.3M). These favourable variances are partially offset by an unfavourable variance in depreciation ($1.2M) and loss on disposal of assets ($0.4M).

The Total Funds result shows a $5.8M favourable variance against the year to date budget that is mainly due to the positive operational result excluding non-cash items and slightly lower than budgeted capital expenditure. At the end of December, capital expenditure is below phased budget by $1.2M while there is an increased level of externally funded work completed that contributes to a further improvement of $0.8M compared to phased budget. The negative variation on depreciation and the loss on disposal of assets do not flow through to the funds result as these are non-cash items.

Capital Budget

As at 27 December 2013, Council had expended $31.9M or 40% of the approved annual capital budget of $79.5M.

Further detail regarding the final capital spend is outlined in the capital report in Attachment 2.


Liquidity

Council’s cash and investments holdings decreased during December 2013 to $127.5M compared to $128.6M at the end of November 2013. This reflects normal trends for this time of the year.

Council’s cash, investments and available funds positions for the reporting period are as follows:

Total Cash and Investments $M 116.8 111.4 108.3 127.5

Less Restrictions:External $M 64.0 67.2 69.0 67.2Internal $M 24.4 24.9 19.7 24.4Total Restrictions 88.3 92.1 88.7 91.6

Available Cash $M 28.5 19.3 19.6 35.9

Adjusted for :Current payables (23.2) (21.9) (22.1) (29.2)Receivables 26.2 22.8 22.7 27.1

Net Payables & Receivables 3.0 0.9 0.6 (2.1)

Available Funds $M 31.5 20.2 20.2 33.8

* Original Budget adjusted for actual result at 30 June 2013

CASH, INVESTMENTS & AVAILABLE FUNDS

Actual 2012/13

Adjusted Original Budget

2013/14*

September QR Budget 2013/14

Actual Ytd 27 December

2013

The available funds position excludes restricted cash. External restrictions are funds that must be spent for a specific purpose and cannot be used by Council for general operations. Internal restrictions are funds that Council has determined will be used for a specific future purpose.

The available funds remain above Council’s Financial Strategy target of 3.5% to 5.5% of operational revenue [pre capital]. Based on the Adopted 2013/14 Annual Plan, the target range for Available Funds is between $7.7M and $12.0M. The projections for year ending 30 June 2014, that have been adjusted to include the impact of the actual result for the year ended 30 June 2013, indicate that Council is expected to have Available Funds of $20.2M at the end of the financial year. This amount is outside the target range mainly due to underspend of Council funded capital and operational savings in the 2012/13 financial year. The Draft Resourcing Strategy that has recently been issued for community consultation as part of the Securing Our Future project, proposes an increase in capital expenditure of $3M in each of the 2014/15 and 2015/16 years and if adopted will result in bringing the forecast Available Funds closer to the upper limit of the target range over a period of time. The Actual Available Funds at 27 December 2013 are higher than the annual projected target primarily due to timing


issues that include the early payment of the Federal Assistance Grant ($8.7M) and expenditure progress.

The Unrestricted Current Ratio measures the cash/liquidity position of an organisation. This ratio is intended to disclose the ability of an organisation to satisfy payment obligations in the short term from the unrestricted activities of Council. Council’s Unrestricted Current Ratio is 1.56:1 and is below the Local Government Benchmark of 2:1. This is in line with Council’s strategy of maximising the use of available funds for asset renewal by targeting a lower Unrestricted Current Ratio.

Receivables

Receivables are the amount of money owed to Council or funds that Council has paid in advance. Non-current rates debtors are included in this amount to measure Available Funds. At December 2013, receivables totalled $27.1M, compared to receivables of $20.9M at December 2012.

Payables

Payables (the amount of money owed to suppliers) of $29.2M were owed at December 2013 compared to payables of $27.4M in December 2012. The majority of payables relate to goods and services and capital projects delivered but not yet paid for and rating income received in advance. Council has continued its performance in paying its creditors on time during this financial year with 88% of payments being made on time in December 2013 compared to the target of 85%.

Debt

Council continues to have financial strength in its low level of borrowing. Council’s Financial Strategy includes provision for additional borrowing in the future and Council will consider borrowing opportunities from time to time to bring forward the completion of capital projects where immediate funding is not available. In 2009/10, Council borrowed $26M interest free to assist in the delivery of the West Dapto Access Plan. Council has also been successful in applications for both Round 1 and 2 of the Local Government Infrastructure Renewal Scheme (LIRS) program. A $20M loan was entered into early last year that will be used over a five year period to accelerate the Citywide Footpaths and Shared Path Renewal and Missing Links Construction Program. A further loan drawdown of $4.3M for LIRS Round 2 was completed in early December 2013 and this will be used to support the acceleration of building refurbishment works for Berkeley Community Centre, Corrimal Library and Community Centre and Thirroul Pavilion and Kiosk over the next four to five years.

The industry measure of debt commitment is the Debt Service Ratio that measures the proportion of revenues that is required to meet annual loan repayments. Council’s low level of debt is reflected in Council’s Debt Service Ratio which was 3.88% at the end of December 2013. It is noted that this increased from 1.49% in November due to the annual instalment of the interest free loan. This result is still considered low in comparison to the Local Government’s benchmark ratio of <10% and within Council’s own longer term target of <4%. It is noted that non-cash interest expense relating to the


amortisation of the income recognised on the West Dapto Access Plan Loan is not included when calculating the Debt Service Ratio.

Assets The Balance Sheet shows that $2.4B of assets (written down value) are controlled and managed by Council for the community as at 27 December 2013. The 2013/14 capital works program includes projects such as the West Dapto Access Strategy, the Crown Street Mall upgrade, Whytes Gully new landfill cell, other civil asset renewals including roads, car parks and buildings and purchase of library books. At the end of December 2013, capital expenditure amounted to $31.9M.



Wollongong 2022 Community Goal and Objective – This report contributes to the Wollongong 2022 Objective our local council has the trust of the community under the Community Goal we are a connected and engaged community.

It specifically delivers on core business activities as detailed in the Financial Services Service Plan 2013/14.

CONCLUSION

The results for December 2013 are within projections over a range of financial indicators and it is expected that Council will achieve the forecast annual results.


REF: CM12/14 File: FI-914.05.001

ITEM 13 STATEMENTS OF INVESTMENTS - NOVEMBER AND DECEMBER 2013

This report provides an overview of Council’s investment portfolio performance for the months of November and December 2013.

Council’s average weighted return for November 2013 was 3.57% which was above the benchmark return of 2.59%. The average weighted return for December 2013 was 2.03% which is below the benchmark return of 2.58%. The mixed result was primarily due to solid returns received on the term deposits and the NSW Treasury Corp, but offset by downward adjustments in December on the zero coupon bond as a result of a difference in valuation methodology used by Laminar. The remainder of Council's portfolio continues to provide a high level of consistency in income and a high degree credit quality and liquidity.

RECOMMENDATION

Council receive the Statements of Investments for November and December 2013.

ATTACHMENTS

1 Statements of Investments – November and December 2013 2 Investment Income Compared to Budget 2013-14




BACKGROUND

Council is required to invest its surplus funds in accordance with the Ministerial Investment Order and Division of Local Government guidelines. The Order reflects a conservative approach and restricts the investment types available to Council. In compliance with the Order and Division of Local Government guidelines, Council adopted an Investment Policy on 13 August 2012. The Investment Policy provides a framework for the credit quality, institutional diversification and maturity constraints that Council’s portfolio can be exposed to. Council’s investment portfolio was controlled by Council’s Finance Division during the period to ensure compliance with the Investment Policy. Council’s Governance Committee’s role of overseer provides for the review of the Investment Policy prior to submission to Council and review of the Investment Strategy and monthly Statement of Investments.

Council’s Responsible Accounting Officer is required to sign the complying Statements of Investments contained within the report, certifying that all investments were made in


accordance with the Local Government Act 1993 and the Local Government Regulation 2005.

The completion of the November 2013 month end reporting has seen the termination of services provided by the Oakvale Administrators with regard to participant proxy Austraclear services and the final monthly fair market valuation report issued. During December, Council entered into an arrangement with the Laminar Group for the provision of participant proxy Austraclear services and limited investment services including the valuation of all investments in the portfolio.

Council’s investment holdings as at 29 November 2013 were $119,964,818 (Statement of Investments attached) [30 November 2012 $90,855,737] and as at 27 December 2013 were $124,374,836 (Statement of Investments attached) [28 December 2012 $85,147,833].

During November, Council posted a weighted average return of 3.57% (annualised) compared to the benchmark return of 2.59% (annualised UBS Warburg Bank Bill Index). During December, Council posted a weighted average return of 2.03% (annualised) compared to the benchmark return of 2.58% (annualised UBS Warburg Bank Bill Index). The mixed result was primarily due to solid returns received on the term deposits and the NSW Treasury Corp, but offset by downward adjustments in December on Council’s zero coupon bond as a result of a difference in valuation methodology used by Laminar. The remainder of Council's portfolio continues to provide a high level of consistency in income and a high degree credit quality and liquidity. At 28 December, year to date interest and investment revenue of $2,621,380 was recognised compared to the year to date budget of $2,064,582 (as revised in the September Quarterly Review). It is anticipated further adjustment will be made to the investment return budget in December.

Council’s CBA Zero Coupon Bond experienced a decrease in valuation for November of $3,680, and a downward adjustment of $168,520 in December as a result of difference in valuation methodology used by Laminar. Council’s previous investment advisor used to discount the bond, using a margin for a straight four year CBA obligation, whereas Laminar also takes into account the illiquidity premium of this being a restructured deal and there being limited bids on the security, thus the new valuation methodology is seen to be more accurate and conservative and takes into account the above factors. As this bond gradually nears maturity, movements in interest rates and liquidity will have less of an impact on the securities valuation. While there will be short term fluctuations along the way, the investments valuation will gradually increase to its $4M maturity value. Council’s Westpac floating rate note had a decrease in value of $6,290 for November, and increased by $2,030 for December.

Council holds two Mortgaged Backed Securities (MBS) that recorded a decrease in value of $43,109 in November, and a further decrease of $16,773 in December. These investments continue to pay higher than normal variable rates. While the maturity dates are outside Council’s control, the investment advisors had previously indicated that capital is not at risk at that stage and recommended a hold strategy due to the illiquid nature of the investment.


The NSW T-Corp Long-Term Growth Facility recorded an increase in value of $33,431 in November, and $20,281 in December. The fluctuation is a reflection of the current share market volatility both domestically and internationally.

Following its December 2013 meeting, the RBA’s official cash rate remained at 2.50%. The RBA has advised that it would continue to assess the outlook and adjust policy as needed to foster sustainable growth in demand and inflation outcomes consistent with the inflation target over time. The current inflation rate is consistent with the 2 to 3% target.

This report complies with Council’s Investment Policy which was endorsed by Council on 13 August 2012. Council’s Responsible Accounting Officer has signed the complying Statements of Investments contained within the report, certifying that all investments were made in accordance with the Local Government Act 1993 and the Local Government Regulation 2005.



Wollongong 2022 Community Goal and Objective – This report contributes to the Wollongong 2022 Objective our local community has the trust of the community under the Community Goal we are a connected and engaged community.

It specifically delivers on core business activities as detailed in the Financial Services Service Plan 2013-14.


REF: CM13/14 File: IW-909.008

ITEM 14 MINUTES OF THE CITY OF WOLLONGONG TRAFFIC COMMITTEE MEETING HELD 17 DECEMBER 2013

A meeting of the City of Wollongong Traffic Committee was held on 17 December 2013. The minutes (Items 13 - 14) in relation to Regulation of Traffic, which must be determined by Council, are presented.

With respect to the City of Wollongong Traffic Committee minutes of 17 December 2013:

Items 1 – 12 and 15 - 21 have been adopted by Council through delegated authority. Items 13 - 14 recommend Council approve the temporary regulation of traffic on public road for works or events by independent parties.

RECOMMENDATION

In accordance with the powers delegated to Council, the minutes and recommendations of the City of Wollongong Traffic Committee meeting held 17 December 2013 in relation to Regulation of Traffic be adopted.

ATTACHMENTS

1 Traffic management plan for Thirroul Seaside and Arts Festival 2 Traffic management plan for Illawarra Cycle Club Criterium Races 3 Council’s Standard Conditions for Road Closures


Report of: Mike Dowd, Manager Infrastructure Strategy and Planning Authorised by: Mike Hyde, Director Infrastructure and Works – Connectivity, Assets

and Liveable City

BACKGROUND

THIRROUL 13 Various Streets – Thirroul Seaside & Arts Festival – 5 April 2014 6 am – 6 pm -

(TMP ref: Z13/225194 – Attachment 1)

Background: The Austinmer/Thirroul Lions Club is seeking permission to hold the 2014 Thirroul Seaside and Arts Festival. The Festival is to be held over the weekend of the 4-6 April, 2014 with road closures on Saturday 5 April 2014 of McCauley Street from Lawrence Hargrave Drive to the IGA carpark between 6 am – 6 pm and King Street from Lawrence Hargrave Drive to Thirroul Plaza carpark between 6 am – 6 pm.

The Festival moves to the reserve at Thirroul Beach on Sunday 6 April 2014, and activities don’t involve any road closures.


As this event involves signs and controls for pedestrians being placed within Lawrence Hargrave Drive, there is a separate approval issued by NSW Roads and Maritime Services.

PROPOSAL SUPPORTED (UNANIMOUSLY):

The proposed road closures be approved in accordance with the submitted traffic management plans and Council’s standard conditions for road closures (Attachment 3).

PORT KEMBLA 14 Gloucester Boulevard – Illawarra Cycle Club Criterium Races – 2014 Race

Calendar - (TMP ref: Z13/229419 – Attachment 2)

Background:

The Illawarra Cycle Club is seeking approval to run their Club Criterium Races on Gloucester Boulevard on Sunday mornings between 7.30 am and 10 am on the following dates:

Sunday 19 October 2014

Sunday 23 November 2014

Sunday 21 December 2014

The Illawarra Cycle Club program for 2014 at Port Kembla is similar to that previously approved for 2013.

PROPOSAL SUPPORTED (UNANIMOUSLY):

The proposed road closure be approved in accordance with the submitted traffic management plan and Council’s standard conditions for road closures (Attachment 3).



Wollongong 2022 Community Goal and Objective – This report contributes to the Wollongong 2022 Objective 5.5 Participation in recreational and lifestyle activities is increased under the Community Goal 5 – We are a healthy community in a liveable city.

MINUTES ORDINARY MEETING OF COUNCIL

at 6.00 pm

Monday 9 December 2013

PresentLord Mayor – Councillor Bradbery OAM (in the Chair), Councillors Kershaw, Connor, Brown, Takacs, Martin, Merrin, Blicavs, Dorahy, Colacino, Crasnich, Curran and Petty

In AttendanceGeneral Manager – D Farmer, Director Corporate and Community Services –Creative, Engaged and Innovative City – G Doyle, Director Infrastructure and Works – Connectivity, Assets and Liveable City – M Hyde, Director Planning and Environment – Future, City and Neighbourhoods – A Carfield, Manager Governance and Information – L Kofod, Manager Finance (Acting) –T Ramsden, Manager Property and Recreation – P Coyte, Manager Environmental Strategy and Planning – R Campbell, Manager Community Cultural and Economic Development – T Buchanan, Manager Project Delivery – G Whittaker, Manager Library and Community Services – J Thompson, Manager Infrastructure Strategy and Planning – M Dowd and Manager Human Resources – T Jones

Minutes of Ordinary Meeting of Council 9 December 2013

INDEX PAGE NO.

Disclosures of Interest ........................................................................................ 1

Petition – Stop the Closure of Rock Pools in Wollongong Local Government Area ............................................................................................... 1

Confirmation of Minutes of Ordinary Meeting of Council held on Monday, 25 November 2013 .............................................................................. 1

Public Access Forum – Financial Sustainability Review ..................................... 2

Public Access Forum - Farmborough Heights to Mt Kembla Strategic Planning Study and Planning Proposal, Mt Ousley Road, Mt Keira ................... 2

Public Access Forum - Estuary Management Committee for Lake Illawarra ..................................................................................................... 3

Public Access Forum – Bicentenary Committee ................................................. 3

Public Access Forum – Traffic Management Plan for Demolitoin of the Copper Stack ................................................................................................ 4

ITEM A Lord Mayoral Minute – Acknowledgment of Doug Prosser and Les Dion (Senior) ............................................................................................... 5

Call of the Agenda .............................................................................................. 5

ITEM 1 Securing Our Future - Financial Sustainability REVIEW (CM343/13) ................ 6

ITEM 2 Farmborough Heights to Mt Kembla Strategic Planning Study (CM325/13) ........................................................................................................ 7

ITEM 3 West Dapto Urban Release Area - Yallah-Marshall Mount Precinct Draft Structure Plan (CM327/13) ........................................................................ 8

ITEM 4 Planning Proposal Lots 54 and 61 DP 751301 Mt Ousley Road, Mt Keira (CM328/13) .......................................................................................... 8

ITEM 5 Wollongong Economic Development Strategy (CM329/13) ................................ 9

ITEM 6 Tender T13/13 - Organics Processing (CM330/13) ............................................ 9

ITEM 7 West Dapto Release Area - Reddalls Road Industrial Neighbourhood Plan - Post Exhibition Report (CM326/13) ........................................................ 10

Minutes of Ordinary Meeting of Council 9 December 2013

PAGE NO.

ITEM 8 Illawarra Regional Mountain Bike - Research Findings (CM332/13) ................ 11

ITEM 9 Estuary Management Committee for Lake Illawarra (CM339/13) ..................... 12

Extension of Meeting Time ............................................................................... 13

ITEM 10 Establishment of a Bicentenary of Wollongong Committee (CM333/13) ...................................................................................................... 14

ITEM 11 Proposed Acquisition of Lot 14 DP 37759 No 17 Stewart Street, Wollongong for Car Parking Purposes (CM340/13) ......................................... 14

ITEM 12 Proposed Acquisition of Land for Road Widening in Colemans Lane, Bulli (CM341/13) ............................................................................................... 15

ITEM 13 Proposed Road Closure and Sale of Portion of Waples Road, Unanderra to Cedars Christian College (CM334/13) ...................................... 16

ITEM 14 Procurement of Strategic Project Advisor Services (CM331/13) ...................... 16

Extension of Meeting Time ............................................................................... 16

ITEM 15 Minutes of Electronic Meetings of the City of Wollongong Traffic Committee held 18 and 20 November 2013 (CM335/13) ................................. 17

Appointment of Councillors to Bicentenary of Wollongong Committee ............. 18

Minutes of Ordinary Meeting of Council 9 December 2013 1

Minute No.

DISCLOSURES OF INTERESTS Councillor Martin declared a non-financial, non-significant conflict of interest

in Items 2, 3, 4 and 7 insofar as she works at the Department of Planning and Infrastructure and these matters will be referred to the Department.

Councillor Martin also declared a non-financial, non-significant conflict of interest in Item 15 (matter relating to Port Kembla Copper) due to her friendship with the General Manager of Port Kembla Copper.

Councillor Blicavs declared a non-pecuniary, non-significant conflict of interest in Item 13 as her children attend Cedars Christian College.

Councillor Connor declared a non-significant, non-pecuniary interest in Item 13 as he was the Principal at Cedars College between 1981 and 1988.

Councillor Takacs declared a non-significant, non-pecuniary interest in Item 9 as he is a Member of a Board and organisation which leases premises from the Lake Illawarra Authority.

PETITION – STOP THE CLOSURE OF ROCK POOLS IN WOLLONGONG LOCAL GOVERNMENT AREA

Councillor Takacs tabled a petition from 1,419 citizens relating to the possible closure of rock pools in the Wollongong Local Government Area.

252 COUNCIL’S RESOLUTION - RESOLVED UNANIMOUSLY on the motion of Councillor Takacs seconded Councillor Martin that the petition be received.

CONFIRMATION OF MINUTES OF ORDINARY MEETING OF COUNCIL HELD ON MONDAY, 25 NOVEMBER 2013

253 COUNCIL’S RESOLUTION - RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Crasnich that the Minutes of the Ordinary Meeting of Council held on Monday, 25 November 2013 (a copy having been circulated to Councillors) be taken as read and confirmed.


Minute No.

PUBLIC ACCESS FORUM – FINANCIAL SUSTAINABILITY REVIEW Mr S Spencer, on behalf of ‘Save our Services Wollongong’, raised

concerns with the process to this point. Council appeared to be preparing to consult for two months in relation to three of four options, with pre-determined outcomes, whereas the community wanted general consultation to occur, together with a fully independent assessment.

‘Save Our Services Wollongong’ felt that the process Council has adopted for the financial sustainability review consultation was deeply flawed. In conclusion, Mr Spencer said that the community wanted to see thorough and transparent service reviews, before being asked to ‘pay more for less’.

Mr P Goodchild, on behalf of the Coalcliff Community Association raised concerns in relation to the following three cost savings proposed by Council for Coalcliff –

• A ‘manage to fail’ approach to the tidal rock pool;

• A reduction in Lifeguard services on Coalcliff Beach; and,

• Closure and demolition of the Community Hall.

Mr Goodchild said that the area was heavily promoted for tourism and there will be additional tourists as a consequence of the Grand Pacific Walk. The valuable assets of the rock pool, the community hall and lifeguard services were essential to this unique area. In conclusion, he advised that the community had demonstrated strong support to maintain these assets, both through Council feedback processes and through all forms of media.

PUBLIC ACCESS FORUM – FARMBOROUGH HEIGHTS TO MT KEMBLA STRATEGIC PLANNING STUDY AND PLANNING PROPOSAL – MT OUSLEY ROAD, MT KEIRA

Mr D Laing from Cardno advised that with respect to the Planning Study for Farmborough Heights to Mt Kembla, the journey had started over 25 years ago. It was a novel approach at the time in that it was not a traditional constraint mapping exercise, but an approach to see how you could use options from limited development to enable conservation management to occur. Mr Laing advised that conservation was incredibly expensive - in the millions of dollars for active regeneration. He asked that Council support the Concept Plan so that detailed planning can go forward.


Minute No. With respect to the Planning Proposal for Lots 54 and 61 DP 751031 Mt Ousley Road, Mt Keira, Mr Laing said that in 1993, the family who owned this land sought to transfer 21 hectares to the parks system. The family was also seeking two additional dwelling houses and this met the standards of the day. Now, some 25 years later, the matter is before Council for adoption. In conclusion, Mr Laing said that a good deal had been struck for planning common sense, with all costs relating to the proposal, to be borne by the applicant.

PUBLIC ACCESS FORUM – ESTUARY MANAGEMENT COMMITTEE FOR LAKE ILLAWARRA

Mr C Wilton, speaking on behalf of the Save Lake Illawarra Action Group, advised that the Group was in favour of the general content of the report except for the make-up of the committee. The group believes that the community members should not have any commercial interest in Lake Illawarra.

Mr Wilton also advised that the group considered that the Committee should have two community members from each local government area, and not one. The reasons for this were –

• To provide a better balance of representation of the community; • The best people for the job may live in the one local government area

and hence, one would not be selected; • From the history of the Lake Illawarra Authority, it shows that both

Councillors and community members had difficulty attending all scheduled meetings due to work or for personal reasons;

• If for personal reasons a community member wishes to resign it would take some time to select a replacement as opposed to a Councillor or government employee.

PUBLIC ACCESS FORUM – BICENTENARY COMMITTEE Dr R Robinson said that Wollongong acknowledges the arrival of

Dr Charles Throsby in 1815 as a City birth date. Post 1815, a tragic divergence of values occurred culturally and environmentally, with the Aboriginal people suffering greatly. However, in the recent decades there has been a significant convergence of values as we embrace multiculturalism and acknowledge the respect the Aboriginal has always had for the environment.


Minute No. Dr Robinson said that “Convergence of Values” was a relatively new and exciting innovation on how to approach the future. The Illawarra Aboriginal Local Land Council has accepted the positive and creative aspect of this theme in the local publication ‘Wollongong Bicentenary 2015: 1815 Diverging Values – 2015 Converging Values – A Different Historical Perspective’. Dr Robinson felt that investing thought, considerations and resources into this theme during the Bicentenary is expected to resonate among the many who are consciously aware that a future pathway requires not just ‘policies’, but affirmative actions. Dr Robinson asked Council to consider various changes to the report, as well as the following change to Part 3 of the report’s recommendation -

• Deletion of the words ‘bicentenary of European settlement in Wollongong’ and include the words ‘..sponsor community-based events which include appropriate recognition of the multicultural and environmental convergence of values between the Traditional Owners of the land and the settler as a lead theme’.

PUBLIC ACCESS FORUM – DEMOLITION OF THE COPPER STACK On behalf of concerned residents, Ms J Renshaw said that tonight,

Councillors will be asked to accept the minutes of the Wollongong Traffic Committee held on 18 and 20 November 2013 and in this respect, she asked that Councillors vote against the acceptance of the Traffic Management Plan for the demolition of the Port Kembla Copper Stack. She advised that the resubmitted plan was still flawed in several ways and the maps were unclear and wrong, with the printing being illegible. Key buildings were misplaced with the Preschool which sits across the road from the stack shown between Marne and Quarry Streets. The chimney to be felled is not shown on the map, and the scale was wrong.

There are still questions to be answered about the qualifications of the contractors and engineers engaged in the demolition. Referring to the Coroner’s Report about the Royal Canberra Hospital implosion in 1997, Ms Renshaw said that if there is a discrepancy about qualifications, she asked how can an educated decision be made about this Traffic Management Plan tonight. In conclusion, Ms Renshaw said that the dangers of dust-borne diseases was a major concern especially crystalline silica. Council has a duty of care to make every effort to protect the people of Port Kembla from the short and long term impact of the stack demolition.


Minute No.

254 COUNCIL’S RESOLUTION - RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Connor that all speakers be thanked for their presentation and invited to table their notes.

ITEM A - LORD MAYORAL MINUTE - ACKNOWLEDGMENT OF DOUG PROSSER AND LES DION (SENIOR)

255 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor Bradbery seconded Councillor Dorahy that -

1 Wollongong City Council formally recognise the outstanding community spirit and service given to our region by these exceptional citizens –

Doug Prosser, for his service to the community through the Lake Illawarra Authority and,

Les Dion (Senior), for his service to the community through Dion’s Bus Service for 90 years.

2 Council write to Doug Prosser and Les Dion (Senior) and convey the above sentiments.

CALL OF THE AGENDA

256 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Kershaw that the staff recommendations for Items 6, and 11 to 14 inclusive, be adopted as a block.


Minute No.

ITEM 1 - SECURING OUR FUTURE - FINANCIAL SUSTAINABILITY REVIEW A PROCEDURAL MOTION was moved by Councillor Crasnich seconded Councillor Martin that an extension of time be granted to Councillor Dorahy to address the meeting in relation to Item 1. An additional five minutes was granted.

257 COUNCIL’S RESOLUTION – RESOLVED on the motion of Councillor Colacino seconded Councillor Brown that -


2 The approach that a combination of operational efficiencies, service adjustments and increased revenue must be part of the solution toward achieving financial sustainability, and therefore is an essential component to the Securing our Future Review, be endorsed.

3 The Draft Resourcing Strategy 2012-22 (revised 1 December 2013) and Draft Delivery Program 2012-17 (revised 1 December 2013) be placed on public exhibition from 11 December 2013 to 5 February 2014, and Council undertake community engagement during this period on the proposed efficiency targets, service changes and special rate variation options contained within the report.

4 Council endorse notification to the Independent Pricing and Regulatory Tribunal of its intent to apply for a Special Rate Variation by 13 December 2013.

5 Attachment 3 of the report – Citizen’s Panel Report, and Attachment 4 – Securing our Future Community Engagement Report, be received and noted and the input provided by the community into this phase of the Financial Sustainability Review be acknowledged.

In favour Councillors Kershaw, Connor, Brown, Martin, Takacs, Merrin, Blicavs, Dorahy, Colacino, Crasnich, Curran and Bradbery

Against Councillor Petty

DEPARTURE OF COUNCILLOR During discussion and prior to voting on Item 2, Councillor Crasnich departed and returned to the meeting, the time being from 7.55 pm to 7.57 pm.


Minute No.

ITEM 2 - FARMBOROUGH HEIGHTS TO MT KEMBLA STRATEGIC PLANNING STUDY

258 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor Blicavs seconded Councillor Colacino that -

1 The revised Concept Plan for Farmborough Heights to Mt Kembla and updated escarpment boundary line be endorsed as a guide to future development potential in the area (Attachment 11 of the report);

2 The Planning Principles contained in Attachment 12 of the report for development in the vicinity of the Illawarra Escarpment, be endorsed to accompany the Farmborough Heights to Mt Kembla Concept Plan, reflecting the need to preserve the integrity of the Illawarra Escarpment;

3 The revised Concept Plan and accompanying Planning Principles for Farmborough Heights to Mt Kembla Strategic Planning Study and copies of submissions received be referred to the NSW Department of Planning and Infrastructure, seeking the Department’s endorsement of the Plan to guide future rezoning proposals in the area;

4 Individual Planning Proposals will be required to be prepared by each land owner in response to the Farmborough Heights to Mt Kembla Concept Plan and related Planning Principles, detailing how any rezoning on that property will lead to an overall conservation improvement for the escarpment or foothills; and,

5 A report be prepared that canvasses options for Council to advance rezoning of areas within the study area (following the Department of Planning’s consideration of the Concept Plan) recommended to be given an E2 Environmental Protection zoning.

Variation The variation moved by Councillor Brown (the addition of Part 5) was accepted by the mover and seconder.

DEPARTURE OF COUNCILLORS During debate and prior to voting on Item 3 –

• Councillors Curran and Blicavs departed and returned to the meeting, the times being from 8.05 pm to 8.06 pm.

• Councillor Colacino departed and returned to the meeting, the times being from 8.07 pm to 8.10 pm.


Minute No. ITEM 3 - WEST DAPTO URBAN RELEASE AREA - YALLAH-MARSHALL MOUNT PRECINCT DRAFT STRUCTURE PLAN

259 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor Connor seconded Councillor Martin that -

1 The final draft Structure Plan (Attachment 3 of the report) and draft Planning Proposal (Attachment 4 of the report) for Yallah-Marshall Mount be endorsed.

2 The revised draft Planning Proposal for the Yallah-Marshall Mount Precinct be referred to the NSW Department of Planning and Infrastructure for endorsement.

3 If endorsed, the final draft Structure Plan and revised draft Planning Proposal for the Yallah-Marshall Mount Precinct be exhibited for a minimum period of six weeks (to commence in February 2014).

4 A separate report be prepared on the complementary draft amendments to the Wollongong Development Control Plan 2009 (DCP) and the West Dapto Section 94 Development Contribution Plan.

ITEM 4 - PLANNING PROPOSAL LOTS 54 AND 61 DP 751301 MT OUSLEY ROAD, MT KEIRA

260 COUNCIL’S RESOLUTION - RESOLVED on the motion of Councillor Takacs seconded Councillor Merrin that -

1 The Planning Proposal and the revised draft Planning Agreement for Lots 54 and 61 DP 751301 Mt Ousley Road, Mt Keira not be progressed to finalisation.

2 A letter be sent to the Director-General of the NSW Department of Planning and Infrastructure, requesting that the Minister for Planning (or delegate) determine that the Planning Proposal not proceed under section 58(4) of the Environmental Planning and Assessment Act 1979.

3 Letters be sent to the following parties advising them of Council’s decision –

a The applicant;

b NSW Minister for the Environment;

c NSW Office of Environment and Heritage;


Minute No. d NSW Roads and Maritime Services; and

e Persons who made submissions.

In favour Councillors Kershaw, Connor, Martin, Takacs, Merrin, Colacino, Curran, Petty and Bradbery

Against Councillors Brown, Blicavs, Dorahy and Crasnich

DEPARTURE OF COUNCILLORS During discussion and prior to voting on Item 5, Councillors Dorahy and Merrin departed and returned to the meeting, the times being from 8.34 pm to 8.36 pm, and from 8.41 pm to 8.48 pm, respectively.

ITEM 5 - WOLLONGONG ECONOMIC DEVELOPMENT STRATEGY

261 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor Blicavs seconded Councillor Takacs that the Wollongong Economic Development Strategy be endorsed for public exhibition and return to Council on 24 February 2014 following a review of comments received.

Variation The variations moved by –

• Councillor Brown to change the words ‘be adopted’ to ‘be endorsed for a minimum of 28 days public exhibition and return to Council following a review of comments received’; and

• Councillor Curran to extend the public exhibition period, which resulted in the matter being reported back to Council on 24 February 2014.

were accepted by the mover and seconder.

ITEM 6 - TENDER T13/13 - ORGANICS PROCESSING The following staff recommendation was adopted as part of the Block

Adoption of Items (refer Minute Number 256).

COUNCIL’S RESOLUTION –

1 In accordance with the Local Government (General) Regulation 2005, Clause 178 (1)(a), Council accept the tender of Soilco Pty Ltd for the acceptance and processing of organics for a period of 7 years and any extension granted in accordance with the terms of the proposed


Minute No. contract, at the rates contained in the tender, being rates which produce a projected annual sum payable to the contractor of $3,391,556.60 excluding GST.


3 Council grant authority for the use of the Common Seal of Council on the contract and any other documentation, should it be required, to give effect to this resolution.

DEPARTURE OF COUNCILLORS During debate on Item 7 -

• Councillor Blicavs departed and returned to the meeting, the time being from 9.00 pm to 9.02 pm.

• Councillor Colacino departed the meeting at 9.05 pm and was not present for the vote taken on Item 7.

ITEM 7 - WEST DAPTO RELEASE AREA - REDDALLS ROAD INDUSTRIAL NEIGHBOURHOOD PLAN - POST EXHIBITION REPORT

262 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor Martin seconded Councillor Crasnich that -

1 The revised Wollongong Development Control Plan 2009 – Chapter D16 West Dapto Release Area (Attachment 4 of the report) be adopted, including the revised Reddalls Road Industrial Neighbourhood Plan prepared for land fronting at Reddalls and West Dapto Roads, Kembla Grange and associated specific development controls and amendments.

2 The adoption of the revised Wollongong Development Control Plan 2009 – Chapter D16 West Dapto Release Area be notified in the local newspapers in accordance with the requirements of the Environmental Planning and Assessment Regulation 2000.

3 Letters be sent to those persons who made submissions advising them of the outcome and thanking them for their input.


Minute No.

ATTENDANCE OF COUNCILLOR During debate and prior to voting on Item 8, Councillor Colacino returned to

the meeting, the time being 9.08 pm.

ITEM 8 - ILLAWARRA REGIONAL MOUNTAIN BIKE - RESEARCH FINDINGS

263 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor Takacs seconded Councillor Blicavs that -

1 Council receive the information contained in the report.

2 Council commence dialogue with Sydney Water to explore options for tenure on part of the land adjacent to its land at Cringila for the purposes of establishing mountain bike trails.

3 Following the outcome of these discussions, that a request for a feasibility study for a mountain bike park at Cringila Hills is to be pursued by the Wollongong Mountain Bike Club in 2014 through the sports planning process and evaluated against other sports facility priorities by Council’s Sports and Facilities Reference Group.

4 When a formal mountain bike facility or event proposal is received by Destination Wollongong that encompasses the Illawarra Escarpment, Council write to the NSW Government and any other land owners to confirm its support of mountain biking in the city.

DISCLOSURE OF INTEREST AND DEPARTURE OF COUNCILLORS Due to a prior declaration of interest, Councillor Takacs departed the meeting and was not present in the Council Chambers during debate and voting on Item 9.

During the debate and prior to voting on Item 9, Councillors Colacino and Martin departed and returned to the meeting, the times being from 9.37 pm to 9.41 pm, and from 9.57 pm to 9.58 pm, respectively.

DEPARTURE OF LORD MAYOR During the debate and prior to voting on Item 9, the Lord Mayor vacated the Chair. At this stage, the time being 9.51 pm, the Deputy Lord Mayor, Councillor Connor, assumed the Chair.

At 9.53 pm, the Lord Mayor returned to the meeting and subsequently resumed the Chair.


Minute No.

ITEM 9 - ESTUARY MANAGEMENT COMMITTEE FOR LAKE ILLAWARRA

MOVED Councillor Crasnich seconded Councillor Curran that Council -

1 Endorse the establishment of the Lake Illawarra Estuary Management Committee in accordance with the proposed guiding principle, subject to there being two Ward 3 Councillors and two community representatives from the Wollongong Local Government area and two community representatives from Shellharbour;

2 Write to the Minister for the Environment seeking State Government financial support for the establishment and ongoing management of the committee and for the ongoing management of Lake Illawarra;

3 Prepare a report for Council in February 2014 to endorse the Lake Illawarra Estuary Management Committee Terms of Reference, nomination of Councillor representatives on this Committee and advertising for community representatives;

4 Note that an equivalent report and recommendations will be tabled to Shellharbour City Council’s meeting on Tuesday, 10 December 2013.

5 Note that a separate report will be provided to Council on the proposed transfer of lands and assets from the Lake Illawarra Authority and associated financial implications to Council.

An AMENDMENT was MOVED by Councillor Merrin seconded Councillor Martin that –

1 Council support the establishment of a Lake Illawarra Estuary Management Committee consistent with other estuary management committees in NSW which:

a Has as its primary aim to steer the management of Lake Illawarra and associated land;

b Will ensure that management of the Lake is consistent with the relevant legislation, presently the Coastal Protection Act 1979 and associated guidelines and regulations;

c Comprises representatives from relevant local government areas (currently Wollongong City and Shellharbour City Councils) and relevant agency and community representatives;

d Will complete an update of the LIA’s 2006 Strategic Plan and thereby finalise an Estuary Management Plan that fully accords with current NSW Government policy guidelines; and

e Monitors and reports on estuary health in keeping with the Estuary Management Plan.


Minute No. 2 The Terms of Reference include –

i the need for community representatives to have an understanding of estuary management and an interest in the improvement of Lake Illawarra and its immediate foreshore and environs;

ii membership to include a senior member of the Catchment Management Authority, soon to be known as Local Land Services;

3 The State Government take responsibility for the financial implications for the establishment and ongoing management of the Committee, as well as the management of Lake Illawarra.

A PROCEDURAL MOTION was MOVED by Councillor Crasnich seconded Councillor Dorahy that the matter lay on the table.

The above Motion, Amendment to the Motion and Procedural Motion were subsequently withdrawn.

264 COUNCIL’S RESOLUTION - RESOLVED UNANIMOUSLY on the motion of Councillor Kershaw seconded Councillor Colacino that -

1 The establishment of the Lake Illawarra Estuary Management Committee be deferred until the State Government gives a firm commitment to ongoing financial support.

2 A separate report be provided to Council on the proposed transfer of lands and assets from the Lake Illawarra Authority and associated financial implications to Council.

EXTENSION OF MEETING TIME A PROCEDURAL MOTION was MOVED by Councillor Martin seconded

Councillor Crasnich that the meeting time be extended to 10.30 pm.

DEPARTURE OF COUNCILLOR During debate and prior to voting on Item 10, Councillor Blicavs departed and returned to the meeting, the time being from 10.17 pm to 10.19 pm.


Minute No.

ITEM 10 - ESTABLISHMENT OF A BICENTENARY OF WOLLONGONG COMMITTEE

265 COUNCIL’S RESOLUTION - RESOLVED UNANIMOUSLY on the motion of Councillor Connor seconded Councillor Curran that -

1 Council provisionally endorse the Charter of the Wollongong Bicentenary Committee and proceed to advertise for community membership of the Committee.

2 Council nominate two Councillors, one of whom to be Chairperson, to participate on the Committee.

3 Council prioritise up to $20,000 per annum from its existing Sponsorship of Community Events’ budget in 2014-15 and 2015-16 to be used to sponsor community-based events which include appropriate recognition and celebration of our shared community values during Wollongong’s bicentennial year.

4 Council officers investigate applying for relevant heritage grant funding for a project within the period of the bicentenary.

5 The first item of business of the Committee be to review the Charter and refer it back to Council for final endorsement.

Variation The variations moved by –

• Councillor Takacs to add the word ‘provisionally’ to Part 1, and the addition of Part 5; and

• Councillor Colacino, to add the words ‘during Wollongong’s bicentennial year’ to Part 3;

were accepted by the mover and seconder.

ITEM 11 - PROPOSED ACQUISITION OF LOT 14 DP 37759 NO 17 STEWART STREET, WOLLONGONG FOR CAR PARKING PURPOSES

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 256).


1 Council authorise the acquisition of Lot 14 DP 37759 and Lot 19 DP 154596 No 17 Stewart Street, Wollongong, shown in dark shading on the attachment to the report, subject to the following conditions:


Minute No. a Purchase price of $700,000 (GST exc).

b Council be responsible for all reasonable costs in this matter.

2 Upon completion of the acquisition, the land be classified as Operational land in accordance with the Local Government Act 1993.


ITEM 12 - PROPOSED ACQUISITION OF LAND FOR ROAD WIDENING IN COLEMANS LANE, BULLI


COUNCIL’S RESOLUTION –1 Council authorise the acquisition of the portion of Lot 1 DP 1071046

No 25 Park Road, Bulli, shown shaded dark grey on Attachment 1 of the report, subject to the following conditions:

a Purchase price of $41,000 (GST exc).

b Council be responsible for all costs in the matter including survey, plan lodgement, transfer, legal costs and the cost of reinstatement of fencing to the new boundary, if required.

2 Council authorise the acquisition of the portion of Lot 100 DP 866930 No 28 Ursula Road, Bulli, shown shaded dark grey on Attachment 1 of the report, subject to the following conditions:


b Council be responsible for all costs in the matter including survey, plan lodgement, transfer, legal costs and the cost of reinstatement of fencing to the new boundary.

3 Upon completion of the acquisition, the land be dedicated as public road in accordance with Section 10 of the Roads Act 1993.



Minute No.

ITEM 13 - PROPOSED ROAD CLOSURE AND SALE OF PORTION OF WAPLES ROAD, UNANDERRA TO CEDARS CHRISTIAN COLLEGE



1 Council rescind Minute No 188 of the Council Minutes of 27 May 2002 in relation to Part 2a of Recommendation 13 of the Administrative, Works and Community Services Committee of 20 May 2002.

2 Council authorise the sale of the portion of Waples Road, Unanderra,as shown on the plan attached to the report, to Cedars Christian College, or its nominee on the following conditions:


b The purchaser to be responsible for all costs in the matter.

ITEM 14 - PROCUREMENT OF STRATEGIC PROJECT ADVISOR SERVICES



1 In accordance with the Local Government Act 1993, section 55 (3), Council resolve that a satisfactory result would not be achieved by inviting tenders for the procurement of strategic project advisor services at this time because of extenuating circumstances, namely that the current provider, C2C Consultancy (Aman Services Pty Ltd) has demonstrated the skills and experience required and has current knowledge and involvement regarding the major projects in progress.

2 Council agree to extend the current service engagement with C2C Consultancy to March 2015.

3 The General Manager be authorised to execute the necessary documentation to give effect to this resolution.

EXTENSION OF MEETING TIME A PROCEDURAL MOTION was MOVED by Councillor Petty seconded

Councillor Takacs that the meeting time be extended to 11.00 pm.


Minute No.

ITEM 15 - MINUTES OF ELECTRONIC MEETINGS OF THE CITY OF WOLLONGONG TRAFFIC COMMITTEE HELD ON 18 AND 20 NOVEMBER 2013

A PROCEDURAL MOTION was moved by Councillor Merrin seconded Councillor Dorahy that an extension of time be granted to Councillor Curran to address the meeting in relation to Item 15.

MOVED Councillor Curran seconded Councillor Petty that –

1 In accordance with the powers delegated to Council, the recommendations for Items 1 and 2 of the Electronic meetings of the City of Wollongong Traffic Committee held 18 and 20 November 2013 in relation to Regulation of Traffic be adopted.

2 In relation to Item 3, the Traffic Management Plan for the road closures be rejected.

266 COUNCIL’S RESOLUTION - An AMENDMENT was MOVED by Councillor Brown seconded Councillor Colacino that in accordance with the powers delegated to Council, the recommendations of the Electronic meetings of the City of Wollongong Traffic Committee held 18 and 20 November 2013 in relation to Regulation of Traffic be adopted.

The AMENDMENT on being PUT to the VOTE was CARRIED.

In favour Councillors Kershaw, Connor, Brown, Martin, Takacs, Blicavs, Dorahy, Colacino, Crasnich and Bradbery

Against Councillors Merrin, Curran and Petty

The AMENDMENT then BECAME the MOTION.

The MOTION on being PUT to the VOTE was CARRIED.

In favour Councillors Kershaw, Connor, Brown, Martin, Takacs, Merrin, Blicavs, Dorahy, Colacino, Crasnich and Bradbery

Against Councillors Curran and Petty


Minute No.

APPOINTMENT OF COUNCILLORS TO BICENTENARY OF WOLLONGONG COMMITTEE

267

Nominations were received for Councillors Bradbery, Dorahy and Connor to be appointed as members of the Wollongong Bicentenary Committee.

COUNCIL’S RESOLUTION - RESOLVED UNANIMOUSLY on the motion of Councillor Merrin seconded Councillor Blicavs that Councillors Bradbery, Dorahy and Connor be appointed, on an interim basis, as members of the Wollongong Bicentenary Committee.

THE MEETING CONCLUDED AT 10.49 PM. Confirmed as a correct record of proceedings at the Ordinary Meeting of the Council of the City of Wollongong held on 28 January 2014.

Chairperson

TRIM Z13/245091

ATTACHMENT 1

Wollongong City Council – Crown Street and Inner City Building Façade Rejuvenation Program – Proposed Recipients

At a meeting after 10 January 2014, Council proposes to pass a resolution to provide financial assistance pursuant to the Financial Assistance Policy (Crown Street and Inner City Building Façade Rejuvenation Program) to eligible applicants.

The proposed resolution is in the following form:

Council resolves to provide financial assistance to the following applicants pursuant to the Financial Assistance Policy (Crown Street and Inner City Building Façade Rejuvenation Program):

Address Recommended Recipients Recommended Reimbursement ($)

Heritage Item

102 Crown Street Filcho Enterprises Pty Ltd 1,914.00 246 Crown Street Peter Franklin 9,301.50 Yes (Local) 87 Crown Street Maddalena Porcheddu, Michael Porcheddu and Benjamin Porcheddu 20,000.00 Yes (State) 58-60 Crown Street Jones Dental 9,758.50 127 Crown Street 129 Crown Street 131 Crown Street

Piruse Properties Pty Ltd 20,000.00

98-100 Crown Street Rosspay Pty Ltd 16,500.00 144-146 Crown Street Fetiye Lechner 19,004.21 115-119 Crown Street Shu Ling Lu 8,626.29 149-161 Crown Street Gurdial Sharma 5,660.00 Yes (part) (Local) 264 Crown Street J Boyd Pty Ltd 4,500.00 Yes (Local) 253-259 Crown Street IMB Limited 20,000.00 254-256 Crown Street 258 Crown Street

Neil Simon and Sydney Gold Bullion Exchange as trustee for Saffo Family Trust 16,644.50 Yes (Local)

248-250 Crown Street Frances Lae 16,015.50 Yes (Local) 293-297 Crown Street Brandon House Pty Ltd 13,840.00 230-232 Crown Street Heart of Crown Developments Pty Ltd 20,000.00 Yes (Local) 261 Crown Street Gerard Pennimpede 1,900.00

TRIM Z13/245091

Address Recommended Recipients Recommended Reimbursement ($)

Heritage Item

67 Crown Street 69 Crown Street 71 Crown Street

Maddalena Porcheddu, Michael Porcheddu and Benjamin Porcheddu 20,000.00

238-244 Crown Street Raine and Horne Wollongong 19,690.00 Yes (Local) 234-236 Crown Street Heart of Crown Developments Pty Ltd 20,000.00 Yes (Local) 273-279 Crown Street Norlington Pty Ltd 2,900.00 288 Crown Street Good Legal Pty Ltd 20,000.00 260-262 Crown Street Anapearl Pty Ltd 10,745.50 Yes (Local)

Submissions regarding the proposed resolution may be made until 5.00 pm on Friday 10 January 2014.

Crown Street

Crown Street

Burelli StreetKe

ira S

treet

Kem

bla

Stre

et

Market Street

Stewart Street

Cor

rimal

Stre

et

Chu

rch

Stre

et

Atch

ison

Stre

et

Kenn

y S

treet

Court Lane

Aubu

rn S

treet

Rai

lway

Par

ade

Rawson Street

Stat

ion S

treet

Reg

ent S

treet

Crown Lane

Globe Lane

Simpson Place

George Street

Moo

re L

ane

Youn

g St

reet

Belm

ore

Stre

et

Town Hall Place

Wat

ers

Pla

ce

Coo

mbe

Stre

et

Governors Lane

Lane 136

Ric

hard

son

Stre

et

Lane 138

Chu

rch

Stre

et

While every effort has been made to ensure the highest possible quality of data, no liability will be accepted for any inaccuracy of the information shown. Copyright © Wollongong City Council, Mapping Services Section. This map may not be reproduced in any form whatever without the express written permission of Wollongong City Council.

Crown Street and Inner City Building Façade Rejuvenation Program ´

GIS ref.: gi09464_01

Printed: 9/12/2013

Aerial Photography: 2011

1:2,700Scale

20 0 20 40 60 80 100 120

Metres

Recommended for funding Not Recommended for funding@A3

CODE OF MEETING PRACTICE

COUNCIL POLICY

Adopted by Council: 28 October 2013 P a g e | 1 Trim No: Z13/44645

ADOPTED BY COUNCIL: [TO BE COMPLETED BY CORP SUPPORT]

BACKGROUNDAs part of its Charter, Council is to involve Councillors, Council staff, members of the public and others in the development, improvement and coordination of local government. The way in which meetings are conducted is an important part of achieving this goal.

OBJECTIVEThe objectives of this Code of Meeting Practice are:

to ensure that all meetings of Council and its Committees are conducted in an orderly and proper manner;to ensure that all meetings of Council and its Committees are conducted according to the principles of procedural fairness and due process;to assist with the conduct of discussion and debate during Council and Committee meetings;to increase Council’s professionalism, transparency and accountability to the community;to ensure that all Councillors understand their rights and obligations during Council and Committee meetings;to ensure that all Councillors have an equal opportunity to participate fully in the meeting; to ensure that Councillors participate in meetings that engender a positive meeting environment that is without malice and avoids insulting, improper or defamatory statements; andto be an effective aid to good governance.

POLICY STATEMENTCouncil and Committee meetings comprising of Councillors only are to be conducted in accordance with this Code of Meeting Practice. DRAFT

CODE OF MEETING PRACTICE COUNCIL POLICY


INDEX

APPLICATION OF THE CODE.......................................................................................................................................................5Conduct of Meetings of Council and Committees ............................................................................................................. 5Preparation, Public Notice and Exhibition of Draft Code................................................................................................... 5Adoption of the Code ........................................................................................................................................................ 5Amendment of the Code ................................................................................................................................................... 5Public Availability of the Code........................................................................................................................................... 5

PART 1 – NOTICE OF MEETINGS ................................................................................................................................................61.1 Frequency of Meetings ....................................................................................................................................... 61.2 Notice to Councillors for Ordinary Meetings........................................................................................................ 61.3 Notice to Councillors for Extraordinary Meetings ................................................................................................ 61.4 Public Notice....................................................................................................................................................... 6

PART 2 – QUORUM AND ATTENDANCE .....................................................................................................................................72.1 Quorum for a meeting......................................................................................................................................... 72.2 Participation in Council meetings........................................................................................................................ 72.3 Quorum not present............................................................................................................................................ 72.4 Attendance at Council Meetings ......................................................................................................................... 72.5 Application for leave of absence ......................................................................................................................... 72.6 Meeting attendance whilst on leave of absence ................................................................................................. 72.7 Who is entitled to attend Council or Committee meetings .................................................................................. 82.8 Attendance of General Manager......................................................................................................................... 8

PART 3 – PRESIDING OVER MEETINGS OF COUNCIL..............................................................................................................83.1 Who presides at meetings of Council ................................................................................................................. 83.2 Councillors to preside at Council meetings......................................................................................................... 83.3 Chairperson to have precedence........................................................................................................................ 93.4 Chairperson’s duty with respect to motions ........................................................................................................ 93.5 Mode of address ................................................................................................................................................. 9

PART 4 – MEETING AGENDA AND BUSINESS PAPERS............................................................................................................94.1 Agenda and business papers for ordinary meeting............................................................................................. 94.2 Agenda and business papers for closed session of Council ............................................................................. 104.3 Distribution of agenda and business papers..................................................................................................... 104.4 Removal of items from the agenda and business papers ................................................................................. 114.5 Order of business ............................................................................................................................................. 114.6 Giving notice of business.................................................................................................................................. 124.7 Dealing with matters without notice at an ordinary meeting.............................................................................. 124.8 Lord Mayoral Minute ......................................................................................................................................... 134.9 Agenda and business papers for extraordinary meeting................................................................................... 134.10 Dealing with matters without notice at an extraordinary meeting...................................................................... 134.11 Public Access Forum – members of the public addressing Council.................................................................. 134.12 Questions to Councillors and Employees ......................................................................................................... 15

PART 5 – DECLARATIONS OF CONFLICTS OF INTEREST......................................................................................................155.1 What is a pecuniary interest.............................................................................................................................. 165.2 Who has a pecuniary interest ........................................................................................................................... 165.3 Disclosure of pecuniary interests and attendance at meetings......................................................................... 165.4 What is a non-pecuniary interest ...................................................................................................................... 175.5 Types of non-pecuniary interests...................................................................................................................... 175.6 Disclosure of non-pecuniary interests and attendance at meetings.................................................................. 17

Written Declarations of Pecuniary Interest........................................................................................................ 185.7 Interests that do not require disclosure............................................................................................................. 205.8 General disclosure............................................................................................................................................ 215.9 Disclosure by advisor........................................................................................................................................ 215.10 Circumstances where disclosure rules are not breached ................................................................................. 215.11 Disclosure to be recorded in the minutes.......................................................................................................... 21

PART 6 – MOTIONS.....................................................................................................................................................................216.1 Lodgement of Notices of Motion ....................................................................................................................... 216.2 Notice of Motion – Absence of Mover ............................................................................................................... 226.3 Formulation of motions ..................................................................................................................................... 226.4 Motions to be seconded.................................................................................................................................... 226.5 Speaking to motions ......................................................................................................................................... 226.6 Varying a motion............................................................................................................................................... 236.7 Amendments to motions ................................................................................................................................... 236.8 Subsequent amendments to motions ............................................................................................................... 236.9 Foreshadowed motions and foreshadowed amendments ................................................................................ 236.10 Splitting Motions for debate .............................................................................................................................. 24

DRAFT



PART 7 – PROCEDURAL MOTIONS...........................................................................................................................................247.1 General procedure............................................................................................................................................ 247.2 Point of order .................................................................................................................................................... 247.3 Motions of dissent............................................................................................................................................. 247.4 Limitation as to number of speeches ................................................................................................................ 25

PART 8 – ORDER AT MEETINGS ...............................................................................................................................................258.1 Need for order................................................................................................................................................... 258.2 Questions of order ............................................................................................................................................ 258.3 Acts of disorder................................................................................................................................................. 268.4 Disorder at meetings – adjournment/expulsion................................................................................................. 268.5 Effect of expulsion ............................................................................................................................................ 268.6 Warning to Councillors...................................................................................................................................... 278.7 Power to remove persons from Council meeting .............................................................................................. 278.8 Defamatory statements..................................................................................................................................... 27

PART 9 – ADJOURNMENT OF MEETINGS ................................................................................................................................279.1 Motion to adjourn meeting ................................................................................................................................ 279.2 Amendment to adjourn meeting motion ............................................................................................................ 289.3 Reconvening an adjourned meeting ................................................................................................................. 28

PART 10 – CLOSED MEETINGS.................................................................................................................................................2810.1 Motion to close part of a meeting...................................................................................................................... 2810.2 Grounds to close a meeting or part of a meeting.............................................................................................. 2810.3 Limitations to closing meetings ......................................................................................................................... 2910.4 Discussion of legal matters ............................................................................................................................... 2910.5 Motion to close other parts of a meeting........................................................................................................... 2910.6 Matters of public interest................................................................................................................................... 2910.7 Departmental guidelines ................................................................................................................................... 2910.8 Notice of closure not required in urgent cases.................................................................................................. 2910.9 Representations by members of the public before a meeting is closed............................................................ 3010.10 Minutes to specify grounds for closing meetings .............................................................................................. 3010.11 Public Attendance at Closed Council Meeting .................................................................................................. 3010.12 Conclusion of Closed Meeting .......................................................................................................................... 3110.13 Resolutions to be made public.......................................................................................................................... 3110.14 Adoption of Closed Council Resolutions in Open Council ................................................................................ 31

PART 11 – VOTING......................................................................................................................................................................3111.1 Voting entitlements of Chairperson and Councillors ......................................................................................... 3111.2 Method of voting at Council meetings............................................................................................................... 3111.3 Failure to vote on a motion ............................................................................................................................... 3111.4 Record of voting................................................................................................................................................ 31

PART 12 – DECISIONS OF COUNCIL.........................................................................................................................................3112.1 What constitutes a decision of Council ............................................................................................................. 3212.2 Invalidation of Council and Committee decisions.............................................................................................. 3212.3 Rescinding or altering Council resolutions........................................................................................................ 3212.4 Rescinding or altering Part of a Council resolution ........................................................................................... 3212.5 Dealing with Rescission Motions ...................................................................................................................... 32

PART 13 – COMMITTEES OF COUNCIL ....................................................................................................................................3313.1 Committee of Council ....................................................................................................................................... 3313.2 Committee of the Whole ................................................................................................................................... 3313.3 Council may establish Committees................................................................................................................... 3313.4 Functions of Committees .................................................................................................................................. 3413.5 Notice of Committee Meetings to be Given....................................................................................................... 3413.6 Non-members entitled to attend Committee Meetings...................................................................................... 3413.7 Chairperson and Deputy Chairperson of Committees ...................................................................................... 3413.8 Voting procedure in Committees....................................................................................................................... 3513.9 Absence from Committee meetings.................................................................................................................. 3513.10 Reports of Committees ..................................................................................................................................... 3513.11 Disorder in Committee meetings....................................................................................................................... 3513.12 Certain persons may be expelled from Committee meetings............................................................................ 3513.13 Committees to keep minutes ............................................................................................................................ 36

PART 14 – MINUTES AND ACCESS TO INFORMATION ...........................................................................................................3614.1 Minutes of Council meetings............................................................................................................................. 3614.2 Matters to be included in the minutes of Council meetings............................................................................... 3614.3 Recording of Council and Committee meetings................................................................................................ 3714.4 Inspection of the minutes of a Council or Committee meeting.......................................................................... 3714.5 Disclosure and misuse of information ............................................................................................................... 37

PART 15 – CUSTODY AND USE OF COUNCIL SEAL................................................................................................................38

DRAFT



DEFINITIONS

Amendment in relation to an original motion, means a motion moving an amendment to that motion.

Chairperson means:

a) for a meeting of the Council – the Lord Mayor;

b) for a meeting of a Committee of the Council – the person presiding at the meeting as provided by Clause 6.8 of this Code.

Committee in relation to the Council, means a Committee appointed or elected by the Council in accordance with Clause 6.2 of the Code or the Council when it has resolved itself into a Committee of the Whole.

DLG Circular 10-10 Division of Local Government Circular 10 – 21 May 2010

DLG Prac Note 16/2009

Division of Local Government Meetings Practice Note No 16 – August 2009

DLG C of C 2013 Division of Local Government Model Code of Conduct - March 2013

DLG C of C 2008 Guidelines

Division of Local Government Model Code of Conduct Guidelines - June 2008

DMB Dunhill Madden Butler Guideline Series – Council Meeting Guidelines Aug 1999.

Foreshadowed Amendment

a proposed amendment foreshadowed by a Councillor during debate on the first amendment.

Foreshadowed Motion

a motion foreshadowed by a Councillor during discussion on an original motion that is predominately the opposite to that proposed in the motion or where it is proposed to alter the motion more drastically than that permissible in an amendment.

LGA means the Local Government Act 1993.

Motion a proposal put forward by a Councillor or a Committee member calling for a specific action to be taken or a decision to be made on a particular matter before the meeting.

Record means a document (including any written or printed material) or object (including a sound recording, coded storage device, magnetic tape or disc, microfilm, photograph, film, map, plan or model or a painting or other pictorial or graphic work) that is or has been made or received in the course of official duties by an Administrator or an employee of the Council and, in particular, includes the minutes of meetings of the Council or of a Committee of the Council.

Reg Local Government (General) Regulation 2005

Relative relative, in relation to a person, means any of the following;

(a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the person or the person’s spouse or de facto partner;

(b) the spouse or de facto partner of the person or of a person referred to in paragraph(a).

Variation to a Motion is where a Councillor seeks to vary a motion by obtaining the consent of the mover of the motion and the consent of Council to have the proposed variation included in the motion.

DRAFT



APPLICATION OF THE CODE

Conduct of Meetings of Council and Committees

(1) The Regulations of the Local Government Act may make provisions with respect to the conduct of meetings of Councils and Committees of Councils of which all members are Councillors.

(2) A Council may adopt a Code of Meeting Practice which incorporates the Regulations made for the purpose of this Section and supplement those Regulations with provisions that are not inconsistent with them.

(3) A Council and a Committee of the Council of which all the members are Councillors must conduct its meetings in accordance with the Code of Meeting Practice adopted by it.

LGA Sec 360

Preparation, Public Notice and Exhibition of Draft Code

(1) Before adopting a Code of Meeting Practice, a Council must prepare a draft Code.

(2) The Council must give public notice of the draft Code after it is prepared.

(3) The period of public exhibition must not be less than 28 days.

(4) The public notice must also specify a period of not less than 42 days after the date on which the draft Code is placed on public exhibition during which submissions may be made by the public.

(5) The Council must publicly exhibit the draft Code in accordance with its notice.LGA Sec 361

Adoption of the Code

(1) After considering all submissions received by it concerning the draft Code, the Council may decide:

(a) to amend those provisions of its draft Code that supplement the Regulations made for the purposes of this Section of the Code; or

(b) to adopt the draft Code as its Code of Meeting Practice.

(2) If the Council decides to amend its draft Code, it may publicly exhibit the amended draft in accordance with this Section of the Code or, if the Council is of the opinion that the amendments (arising from the public submissions only) are not substantial, it may adopt the amended draft Code, without public exhibition, as its Code of Meeting Practice.

LGA Sec 362

Amendment of the Code

A Council may amend a Code adopted under this Section by means only of a Code so adopted.

NOTE - Council may only amend its Code of Meeting Practice by preparing a new draft Code and complying with the public consultation procedure set out in this Section of the Code.

The only exception is when an amendment is triggered by a change in the Local Government Act or the Local Government (General) Regulation 2005. In such cases the legislation effectively amends a Code of Meeting Practice.

DLG Circular 10-10

Public Availability of the Code

(1) The Code of Meeting Practice adopted under this Section by a Council must be available for public inspection free of charge at the office of the Council during ordinary office hours.

(2) Copies of the Code will be available free of charge. LGA Sec 364

NOTE - The Code is published on Council’s website.

DRAFT



PART 1 – NOTICE OF MEETINGS

1.1 Frequency of Meetings

(1) Council is required to meet at least 10 times each year, each time in a different month.LGA Sec 365

(2) Council and Committee meetings may be held in different locations from time to time if circumstances deem it necessary provided that the venue:

(a) is accessible for people with disabilities,

(b) is adequate in size,

(c) has adequate facilities for the convenience and comfort of Councillors, staff and members of the public, and,

(d) has suitable acoustic properties.DLG Prac Note 16/2009 – Pg 1

(3) The date and time for Extraordinary meetings of Council will be determined as and when required. Extraordinary meetings are additional meetings to those in the adopted Council meeting cycle and include those called in an emergency.

Council Protocol

1.2 Notice to Councillors for Ordinary Meetings

(1) Notice of Meetings – the General Manager must send to each Councillor, at least seven days before each meeting of the Council (or Committee), a notice specifying the time and place at which and the date on which the meeting is to be held and the business to be transacted at the meeting.

Council Protocol

(2) Form of Notice – a notice under this section and the agenda and business paper for the meeting may be given to Councillors in electronic form, but only if all Councillors have facilities to access the notice, agenda and business paper in that form.

LGA Sec 367 (3)

1.3 Notice to Councillors for Extraordinary Meetings

(1) If the Lord Mayor receives a request in writing signed by at least 2 Councillors (the Lord Mayor can be one of the two Councillors), the Lord Mayor must call an Extraordinary Meeting of the Council to be held as soon as practicable but in any event within 14 days after receipt of the request.

LGA Sec 366

If the Lord Mayor refuses or delays to call an Extraordinary Meeting of Council after receiving a request under Clause 1.3 (2) of this Code, those Councillors may, in writing, request the General Manager to call the Extraordinary Meeting of Council. The General Manager shall call the meeting as soon as it is practicable.

DMB Pg 2

The General Manager, in consultation with the Lord Mayor, may call an Extraordinary Meeting of Council if considered necessary and appropriate.

Council Protocol

(2) Notice of less than seven days may be given of an Extraordinary Meeting called in an emergency.LGA Sec 367 (2)

1.4 Public Notice

(1) Council must give notice to the public of the times and places of meetings of Council and Committees of which all members are Councillors.

LGA Sec 9 (1)

(2) A notice of a meeting of Council or a Committee must be published in a newspaper circulating in the Wollongong local government area before the meeting takes place.

NOTE - An advertisement indicating Council and Committee meetings schedule will be included on Council’swebsite at www.wollongong.nsw.gov.au and on Council’s page in the Wollongong Advertiser.

Reg 232 (2)-(5) Council Protocol

DRAFT



PART 2 – QUORUM AND ATTENDANCE

2.1 Quorum for a meeting

The quorum for a meeting of Council is a majority of the Councillors who hold office for the time being and are not suspended from office.

LGA Sec 368

2.2 Participation in Council meetings

A Councillor cannot participate in a meeting of Council unless personally present at the meeting.Reg 235

2.3 Quorum not present

(1) A meeting of Council must be adjourned if a quorum is not present:

(a) within half an hour after the time designated for the holding of the meeting, or

(b) at any time during the meeting.

(2) In either case, the meeting must be adjourned to a time, date and place fixed:

(a) by the Chairperson, or

(b) in his or her absence – by the majority of the Councillors present, or

(c) failing that, by the General Manager.

(3) The General Manager must record in the Council minutes the circumstances relating to the absence of a quorum (including the reasons for the absence of a quorum) at or arising during a meeting of Council, together with the names of the Councillors present.

Reg 233

Where a quorum is not present Councillors are able to discuss the agenda and make notes on the discussion however it is not able to make recommendations.

Council Protocol

2.4 Attendance at Council Meetings

A civic office becomes vacant if the holder (Councillor):

(1) is absent from 3 consequent ordinary meetings of Council (unless the holder is absent because he or she has been suspended from civic office under Section 482) without:

(a) prior leave of Council, or

(b) leave granted by Council at any of the meetings concerned.LGA Sec 234 (1) (d)

NOTE: Tendering an apology does not constitute a formal leave of absence.

2.5 Application for leave of absence

(1) A Councillor’s application for leave of absence from Council meetings should, where practicable, be made in writing, including by electronic means, and identify (by date) the meetings from which the Councillor intends to be absent and the reason the absence is sought. This application is to be lodged with the General Manager and submitted to the next meeting of Council for determination

Reg 235A (1) and Council Protocol

(2) For the purposes of Clause 2.4 of this Code, a Councillor applying for a leave of absence from a meeting of Council does not need to make the application in person and the Council may grant such leave in the absence of that Councillor.

LGA Sec 234 (2)

2.6 Meeting attendance whilst on leave of absence

DRAFT



(1) If the holder of a civic office attends a Council meeting (whether or not an ordinary meeting) despite having been granted leave of absence, the leave of absence is taken to have been rescinded as regards any future Council meeting.

(2) Subsection (1) above does not prevent Council from granting further leave of absence in respect of any future Council meeting.

LGA Sec 234 (3)-(4)

(3) A Councillor who intends to attend a Council meeting despite having been granted leave of absence should, if practicable, give the General Manager at least 2 days’ notice of his or her intention to attend.

Reg 235A (2)

2.7 Who is entitled to attend Council or Committee meetings

(1) Except as provided elsewhere in this Code:

(a) everyone is entitled to attend a meeting of the Council and those of its Committees of which all the members are Councillors, and

(b) a Council must ensure that all meetings of the Council and of such Committees are open to the public.

(2) A person (whether a Councillor or another person) is not entitled to be present at a meeting of the Council or of a Committee if expelled from the meeting:

(a) by a resolution of the meeting, or

(b) by the person presiding at the meeting if the Council has, by resolution, authorised the person presiding to exercise the power of expulsion.

(3) A person may be expelled from a meeting only on the grounds specified in, or in the circumstances prescribed by the Regulations – refer Part 8 of this Code.

LGA Sec 10

2.8 Attendance of General Manager

(1) The General Manager is entitled to attend, but not vote at, a meeting of the Council or at a meeting of a Committee of the Council of which all the members are Councillors.

(2) The General Manager is entitled to attend a meeting of any other Committee of the Council and may, if a member of the Committee, exercise a vote.

(3) However, the General Manager may be excluded from a meeting of the Council or a Committee while the Council or Committee deals with a matter relating to the standard of performance of the General Manager or the terms of the employment of the General Manager.

LGA Sec 376

PART 3 – PRESIDING OVER MEETINGS OF COUNCIL

3.1 Who presides at meetings of Council

(1) The Lord Mayor or, at the request of or in the absence of the Lord Mayor, the Deputy Lord Mayor presides at meetings of the Council.

(2) If the Lord Mayor or Deputy Lord Mayor are absent, a Councillor elected to chair the meeting by the Councillors present presides at a meeting of the Council.

LGA Sec 369

3.2 Councillors to preside at Council meetings

(1) If no Chairperson is present at a meeting of the Council at the time designated for the holding of the meeting, the first business of the meeting must be the election of a Chairperson to preside at the meeting.

(2) The election must be conducted:

(a) by the General Manager or, in their absence, the Public Officer to conduct the election; or

(b) if neither of them is present at the meeting or there is no General Manager or Public Officer – by the person who called the meeting or a person acting on their behalf.

DRAFT



(3) If, at an election of a Chairperson, 2 or more candidates receive the same number of votes and no other candidate receives a greater number of votes, the Chairperson is to be the candidate whose name is chosen by lot.

(4) For the purposes of subclause (b), the person conducting the election must:

(a) arrange for the names of the candidates who have equal numbers of votes to be written on similar slips, and

(b) then fold the slips so as to prevent the names from being seen, mix the slips and draw one of the slips at random.

(5) The candidate whose name is on the drawn slip is the candidate who is to be the Chairperson.Reg 236

3.3 Chairperson to have precedence

When the Chairperson rises during a meeting of the Council:

(a) any Councillor then speaking or seeking to speak must, if standing, immediately resume his or her seat, and;

(b) every Councillor present must be silent to enable the Chairperson to be heard without interruption.Reg 237

3.4 Chairperson’s duty with respect to motions

(1) It is the duty of the Chairperson at a meeting of the Council to receive and put to the meeting any lawful motion that is brought before the meeting.

(2) The Chairperson must rule out of order any motion that is unlawful or the implementation of which, would be unlawful.

(3) Any motion, amendment or other matter that the Chairperson has ruled out of order is taken to have been rejected.

Reg 238

(4) The Chairperson is to ensure that motions and amendments are clearly stated for the benefit of all present and may request a Councillor to repeat the motion or amendment if unclear or inaudible.

Council Protocol

3.5 Mode of address

To facilitate debate, Councillors, with the exception of the Chairperson, are to stand in their place when speaking at a meeting of Council, unless prevented from doing so by disability or injury. This procedure does not need to be followed at Committee meetings or in circumstances where the Chairperson rules that standing is not required.

In addressing Council, Councillors and other persons addressing the Council will use the appropriate mode of address to the Lord Mayor (being My Lord Mayor or Mr or Madam Chair), Deputy Lord Mayor, fellow Councillors, Council employees and members of the public in attendance.

Councillors shall at all times conduct themselves in accordance with the general conduct obligations contained with Council’s adopted Code of Conduct. Councillors shall respect the right of their fellow Councillors to speak without interruption, shall only speak when called upon by the Chairperson and should speak through the Chairperson.

Council Protocol

PART 4 – MEETING AGENDA AND BUSINESS PAPERS

4.1 Agenda and business papers for ordinary meeting

(1) The General Manager must cause the agenda for a meeting of the Council or a Committee of the Council to be prepared as soon as practicable before the meeting.

(2) The General Manager must ensure that the agenda for a meeting of the Council states –

(a) all matters to be dealt with arising out of the proceedings of former meetings of the Council;

DRAFT



(b) if the Lord Mayor is the Chairperson – any matter or topic that the Chairperson proposes, at the time when the agenda is prepared, to put to the meeting; and

(c) subject to subclause (3), any business of which due notice has been given.

(3) The General Manager must not include in the agenda for a meeting of the Council any business of which due notice has been given if, in the opinion of the General Manager, the business is (or the implementation of the business would be) unlawful. The General Manager must report (without giving details of the item of business) any such exclusion to the next meeting of the Council.

(4) The General Manager must ensure that the details of any item of business to which Section 9 (2A) of the LGA applies are included in a business paper agenda for the meeting concerned – ie items considered in Closed Council.

(5) Nothing in this Clause limits the powers of the Chairperson under Clause 4.8 of this Code.Reg 240

(6) Confidential items on both Council and Committee Business Paper Agenda’s for open meetings are to be listed after all non-confidential items.

Council Protocol

4.2 Agenda and business papers for closed session of Council

(1) In the case of a meeting whose agenda includes the receipt of information or discussion of other matters that, in the opinion of the General Manager, is likely to take place when the meeting is closed to the public:

(a) the agenda for the meeting must indicate that the relevant item of business is of such a nature (but must not give details of that item), and

(b) the agenda for the meeting must also indicate the reason the item will be dealt with in the closed session of Council which must be one of the following –

(i) personal matters concerning particular individuals (other than Councillors);

(ii) the personal hardship of any resident or ratepayer;

(iii) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business;

(iv) commercial information of a confidential nature that would, if disclosed

prejudice the commercial position of the person who supplied it, or confer a commercial advantage on a competitor of the Council, orreveal a trade secret;

(v) information that would, if disclosed, prejudice the maintenance of law;

(vi) matters affecting the security of the Council, Councillors, Council staff or Council property;

(vii) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege;

(viii) information concerning the nature and location of a place or an item of Aboriginal significance on community land.

LGA Sec 9 (2A) and Sec 10A (2)

(c) the requirements of Clause 4.3 (1) with respect to the availability of business papers do notapply to the business papers for any item of business referred to in Clause 4.2 of this Code.

LGA Sec 9 (2A)

(2) The General Manager must ensure that the details of any item of business to which Clauses (a) and (b) apply are included in a business paper for the meeting concerned together with the reasons why it is not in the public interest to discuss the matter in open Council.

Council Protocol

4.3 Distribution of agenda and business papers

(1) A Council and each such Committee of which all members are Councillors must have available for the public at its offices and at each meeting copies (for inspection or taking away by any person) of the agenda and the associated business papers (such as correspondence and reports) for the meeting.

DRAFT



(2) The copies are to be available to the public as nearly as possible to the time they are available to Councillors.

(3) The copies are to be available free of charge.(4) A notice given under this section or a copy of an agenda or of a business paper made available under this

section may in addition be given or made available in electronic form.LGA Sec 9 (2)-(5)

Note – Four copies of the agenda and business papers will be provided at Council and Committee meetings.

Council’s agenda and business papers are available on the Council website at www.wollongong.nsw.gov.au.

Council’s agenda and business papers or individual reports may be obtained from Council’s Customer Service Centre or the Libraries free of charge.

4.4 Removal of items from the agenda and business papers

(1) Once the agenda for a meeting has been sent to Councillors, an item of business on the agenda cannot be removed from the agenda prior to the meeting.

(2) If it is proposed that an item of business which is on the agenda not be dealt with at the meeting, Council should resolve to defer that business to another meeting or resolve not to consider the matter, as the case may be.

DLG Prac Note 16/2009 – Pg 8

4.5 Order of business

(1) The Order of Business at Ordinary Meetings of Council, other than Extraordinary Meetings, where required shall be –

Acknowledgement of Traditional Owners Civic PrayerApologiesDisclosures of Pecuniary InterestPetitions and PresentationsConfirmation of Minutes of Ordinary Council MeetingConfirmation of Minutes of Extraordinary Council Meeting Confirmation of Minutes of Council Committee MeetingPublic Access ForumCall of the Agenda Lord Mayoral MinuteUrgent ItemsNotice of Motion(s)Notice of RescissionItems Laid on the TableCall of the Agenda Agenda ItemsConfidential Business

Note – All Questions Without Notice and tabling of letters are to be submitted by way of the Councillor Request Process.

(2) The order of business fixed under subclause (1) may be altered if a motion to that effect is passed. Such a motion can be moved without notice.

(3) Despite Clause 7.4 only the mover of a motion referred to in subclause (2) may speak to the motion before it is put.

Reg 239

(4) Where a Council meeting has not concluded by 10.00pm, the Lord Mayor will move a Procedural Motion that the meeting be either extended or adjourned. In accordance with Clause 7.1 (3) of this Code this Procedural Motion does not require a seconder. If the motion is to adjourn, debate will take place as to a date and time for the meeting to reconvene to consider all business not transacted at the adjourned meeting.

Council Protocol

DRAFT



Council does not need to issue a new agenda and business paper for the adjourned meeting and business not already on the agenda could be dealt with only if the urgency procedure in Clause 4.7 of this Code.

If the meeting is adjourned to a different date, time or place, each Councillor and the public (where practicable) should to be notified of the new date, time or place.


(5) A Councillor may move a Procedural Motion that an Item ‘lie on the table’. If the motion is successful no further debate can be undertaken until there is a Procedural Motion for the Item to be ‘taken off the table’. Such a motion is not debatable and there can be no amendments or right of reply. This motion can be moved only once during the discussion of any substantive motion and if the motion is carried while an amendment is before the Chair, both the amendment and the original motion are laid on the table.

At the end of the Council meeting at which the Item was ‘laid on the table’ the Chairperson will remind Councillors that there are matter/s ‘on the table’ which Council may now wish to consider. Otherwise the matter/s will appear on the agenda and business paper for the next ordinary Council meeting.

If and when the Item is ‘taken off the table’ debate resumes where it left off, with Councillors who have already spoken (other than the mover in reply) having no further right to speak.

Council Protocol

4.6 Giving notice of business

(1) Council must not transact business at a meeting of the Council:

(a) unless a Councillor has given notice of the business in writing no later than 5.00 pm on the Tuesday thirteen calendar days prior to the Ordinary Council meeting in accordance with the Council meeting schedule or five calendar days in the case of Extraordinary Council meetings, and

(b) unless notice of the business has been sent to the Councillors in accordance with Clause 1.2 of this Code.

(2) Subclause (1) does not apply to the consideration of business at a meeting if the business:

(a) is already before, or directly relates to a matter that is already before the Council, or

(b) is the election of a Chairperson to preside at the meeting as provided by Clause 3.2 of this Code; or

(c) is a matter or topic put to the meeting by the Chairperson in accordance with Clause 4.7 of this Code; or

(d) is a motion for the adoption of recommendations of a committee of the Council.Reg 241 (1)-(2)

4.7 Dealing with matters without notice at an ordinary meeting

(1) Despite Clause 4.6 (1) business may be transacted at a meeting of Council even though due notice of the business has not been given to the Councillors. However this can happen only if:

(a) a motion is passed to have the business transacted at the meeting, and

(b) the business proposed to be brought forward is ruled by the Chairperson to be of great urgency.

Such a motion can be moved without notice.Reg 241 (3)

Note – If, after the Councillor has addressed the Council, the Chairperson has ruled the matter is of great urgency, then the motion is moved, seconded, debated and voted on.

If the Chairperson rules the motion is not urgent, no further debate on the matter is permitted.

If the Chairperson rules the motion is not urgent, a Councillor may move a motion of dissent.Council Protocol

(2) Despite Clauses 6.5 and 7.4 (2) of this Code only the mover of a motion referred to in Subclause (1) above can speak to the motion before it is put.

Reg 241 (4)

DRAFT



4.8 Lord Mayoral Minute

(1) If the Lord Mayor is the Chairperson at a Council meeting, the Chairperson, is by minute signed by the Chairperson, entitled to put to the meeting without notice any matter or topic that is within the jurisdiction of Council or of which the Council has official knowledge.

(2) Such a minute, when put to the meeting, takes precedence over all business on the Council agenda/business paper for the meeting. The Chairperson (but only if the Chairperson is the Lord Mayor) may move adoption of the minute without the motion being seconded.

(3) A recommendation made in a minute of the Chairperson (being the Lord Mayor) or in a report by a Council employee is, so far as adopted by Council, a resolution of Council.

Reg 243

(4) Lord Mayoral Minutes should not be used to introduce, without notice, matters that are routine, not urgent, or need research or a lot of consideration by the Councillors before coming to a decision. These types of matters are better placed on the Agenda with the usual period of notice given to the Councillors.


(5) A Late Business Lord Mayoral Minute prepared prior to the Council meeting will be added to the business paper agenda in accordance with the Order of Business as stated in Clause 4.5 of this Code.

Council Protocol

4.9 Agenda and business papers for extraordinary meeting

The General Manager must ensure that the agenda for an extraordinary meeting of Council deals with only with the matters stated in the notice of meeting.

Reg 242(1)

4.10 Dealing with matters without notice at an extraordinary meeting

(1) Despite Clause 4.9, business may be transacted at an extraordinary meeting of Council even though due notice of the business has not been given to the Councillors. However this can only happen if:

(a) a motion is passed to have the business transacted at the meeting, and

(b) the business proposed to be brought forward is ruled by the Chairperson to be of great urgency.

Such a motion can be moved without notice but only after the business notified in the agenda for the meeting has been disposed of.

(2) Despite Clauses 6.5 and 7.4 (2), only the mover of a motion referred to in Subclause (1) above can speak to the motion before it is put.

Reg 242 (2)-(3)

4.11 Public Access Forum – members of the public addressing Council

Members of the public shall be permitted to address Council or a Committee of Council on matters falling within the jurisdiction and Charter of Council as outlined in the Local Government Act 1993.

All addresses must comply with Council’s Public Access Forum Policy.

Applications to address Council -

must be made in writing on the application form attached to this policy and forwarded to Council, no later than 12 noon on the working day prior to the day of the meeting;

wherever possible, a person or group who supports an opposite view to the applicant must be notified and given the opportunity to speak;

applications shall state the name and address of the applicant, contact telephone number and the issue to be raised;

any documentation to be provided to Councillors shall either accompany the application or be available for distribution to Councillors prior to the meeting – no written material is able to be circulated during the presentation;

an application must relate to a matter that falls within the jurisdiction and Charter of Council as outlined in the Local Government Act, 1993 or a report which is currently before Council for determination.

However, the Public Access Forum policy excludes the following -

DRAFT



all issues relating to development applications which are in the process of being assessed and are undetermined, have been considered at an Independent Hearing and Assessment Panel meeting or are listed on the Council meeting agenda for determination. Further information in relation to forums for development applications can be accessed through the Development Assessment and Compliance Notification Policy and the Independent Hearing and Assessment Panel Policy;

all matters where there have been opportunities, through Council run engagement activities, for community members to speak to the topic and have views recorded for public record. These opportunities would include but not be limited to public meetings, public hearings and meetings of the Independent Hearing and Assessment Panel;

all Notices of Rescission and agenda and business paper items ‘laid on the table’;

all representations in respect of formal tenders and/or quotations;

all matters where legal action has been commenced involving Council and where Council is in receipt of or has served:

– a Statement of Claim

– a Summons for Information or

– a Subpoena to attend Court

all staff related matters.

The following should also be noted -

addresses will be received at ordinary and extraordinary meetings of Council;

applications in respect of current meeting agenda items will be given priority;

applicants who have previously addressed Council on a particular issue, cannot address another meeting on the same matter;

the General Manager will:

- consider and determine all applications received;

- have the discretion to approve additional applications in the event of there being more than the maximum number of applicants wishing to speak to current agenda and business paper items;

- have the discretion to vary the maximum number of speakers on a particular agenda and business paper item should the item be addressing an issue of significant community interest.

Councillors will be informed of those applications not included for presentation;

a list of applicants speaking under the Public Access Forum, together with information on the subject of the briefing, is to be made available to Councillors at the meeting.

Public Address

the public forum shall be limited to a period of thirty (30) minutes, unless extended by Council;

each address shall be limited to five (5) minutes, ie maximum of six (6) addresses per meeting. The Chairperson will notify speakers when there is 30 seconds remaining;

due to time constraints, speakers cannot use technology, however, can distribute hard copies of information prior to the commencement of the meeting. The Minute Clerk can assist with the distribution of such information;

there shall be a maximum of two (2) speakers in favour and two (2) speakers against a particular issue and groups are required to nominate a representative to speak on their behalf;

speakers must only speak in relation to the subject stated on their application;

speakers shall not debate the issue with Councillors and staff;

Councillors are able to ask questions of the speaker on a point of clarification;

all speakers are advised that they do not enjoy any special protection from defamation arising from comments made during the presentation before Council and should therefore refrain from voicing defamatory remarks or personal defamatory statements against any individual;

DRAFT



the Chairperson can order a person to cease speaking if he/she considers that the speaker is making inappropriate or offensive comments, is abusive, is making comments that are considered not in the public interest or is not complying with the rules of meeting procedure as outlined in Council’s Code of Meeting Practice.

Minutes

minutes must include a brief synopsis of the presentation/s;

wherever possible, speakers should provide the Minute Clerk with a written summary of their presentation, prior to commencement of the meeting.

Response

if the address relates to an agenda item the issue raised by the speaker shall be dealt with when the particular agenda item is considered by Council;

no formal response will be provided to the applicant.

Webcasting

all Council meetings, including the Public Access Forum, are broadcast live via the internet. By attending a meeting, speakers and other persons consent to the possibility that their image may also be broadcast to the public;

any personal and health information voluntarily disclosed by any person at Council meetings may be broadcast live, held by Council and made available to the public for later viewing.

Council Policy

4.12 Questions to Councillors and Employees

(1) A Councillor:

(a) may, through the Chairperson, put a question to another Councillor; and

(b) may, through the General Manager, put a question to a Council employee.

(2) A Councillor or Council employee to whom a question is put is entitled to be given reasonable notice of the question and in particular, sufficient notice to enable reference to be made to other persons or to documents.

(3) The Councillor must put every such question directly, succinctly and without argument.

(4) The Chairperson must not permit discussion on any reply or refusal to reply to a question put to a Councillor or Council employee under this Clause.

Reg 249

PART 5 – DECLARATIONS OF CONFLICTS OF INTEREST

A conflict of interest exists where a reasonable and informed person would perceive that you could be influenced by a private interest when carrying out your public duty.

If you are unsure as to whether or not you have a conflict of interests in relation to a matter, you should consider these six points:

• Do you have a personal interest in a matter you are officially involved with?

• Is it likely you could be influenced by a personal interest in carrying out your public duty?

• Would a reasonable person believe you could be so influenced?

• What would be the public perception of whether or not you have a conflict of interests?

• Do your personal interests conflict with your official role?

• What steps do you need to take and that a reasonable person would expect you to take to appropriately manage any conflict of interests?

You must avoid or appropriately manage any conflict of interests. The onus is on each Councillor to identify conflicts of interest and take the appropriate action to manage the conflict in favour of their public duty.

DRAFT



Any conflict of interest must be managed to uphold the probity of Council decision-making. When considering whether or not you have a conflict of interests, it is always important to think about how others would view your situation.

Private interests can be of two types: pecuniary or non-pecuniary.DLG C of C 2013 – Part 4.

5.1 What is a pecuniary interest

(1) For the purposes of this Part, a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person.

(2) A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter or if the interest is of a kind specified in Clause 5.7 of this Code.

LGA Sec 442

5.2 Who has a pecuniary interest

(1) For the purposes of this Part, a person has a pecuniary interest in a matter if the pecuniary interest is the interest of:

(a) the person, or

(b) the person’s spouse or de facto partner or a relative of the person, or a partner or employer of the person, or

(c) a company or other body of which the person, or a nominee, partner or employer of the person, is a member.

(2) However, a person is not taken to have a pecuniary interest in a matter as referred to in Subclause 5.2 (1) (b) or (c) of this Code:

(a) if the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative, partner, employer or company or other body, or

(b) just because the person is a member of, or is employed by, a Council or a statutory body or is employed by the crown, or

(c) just because the person is a member of, or a delegate of a Council to, a company or other body that has a pecuniary interest in the matter, so long as the person has no beneficial interest in any shares or the company or body.

LGA Sec 443

5.3 Disclosure of pecuniary interests and attendance at meetings

(1) A Councillor or a member of a Council Committee who has a pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.

(2) The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:

(a) at any time during which the matter is being considered or discussed by the Council or Committee, or

(b) at any time during which the Council or Committee is voting on any question in relation to the matter.

(3) For the removal of doubt, a Councillor or a member of a Council Committee is not prevented by this Clause from being present at and taking part in a meeting at which a matter is being considered, or from voting on the matter, merely because the Councillor or member has an interest in the matter of a kind referred to in Clause 5.7 of this Code – matters that don’t have to be disclosed.

(4) Subsections (1) and (2) do not apply to a Councillor who has a pecuniary interest in a matter that is being considered at a meeting, if:

(a) the matter is a proposal relating to:

(i) the making of a principal environmental planning instrument applying to the whole or a significant part of the Council’s area, or

DRAFT



(ii) the amendment, alteration or repeal of an environmental planning instrument where the amendment, alteration or repeal applies to the whole or a significant part of the council’s area, and

(b) the Councillor made a special disclosure under this section in relation to the interest before the commencement of the meeting.

(5) The special disclosure of the pecuniary interest must, as soon as practicable after the disclosure is made, be laid on the table at a meeting of the Council and must:

(a) be in the form prescribed by the regulations, and

(b) contain the information required by the regulations.

LGA Sec 451

5.4 What is a non-pecuniary interest

(1) Non-pecuniary interests are private or personal interests the Council Official has that do not amount to a pecuniary interest as defined in Clause 5.1 of this Code.

(2) Non-pecuniary interests can be an actual or perceived interest where a reasonable and informed person would perceive a conflict exists. These commonly arise out of family, or personal relationships, or involvement in sporting, social or other cultural groups and associations and may include an interest of a financial nature.

(3) The matter of a report to Council from the Conduct Review Committee/reviewer relates to the public duty of a Councillor or the General Manager. Therefore, there is no requirement for Councillors or the General Manager to disclose a conflict of interest in such a matter.

(4) The political views of a Councillor do not constitute a private interest.DLG C of C 2013 – Part 4 page 9

5.5 Types of non-pecuniary interests

There are three types of non-pecuniary conflicts of interest:

(1) Significant – as a general rule a non-pecuniary conflict of interest will be significant where a matter does not raise a pecuniary interest but it involves:

(a) a relationship between a Council Official and another person that is particularly close, for example,parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the person or of the person’s spouse, current or former spouse or partner, de facto or other person living in the same household;

(b) other relationships that are particularly close, such as friendships and business relationships. Closeness is defined by the nature of the friendship or business relationship, the frequency of contact and the duration of the friendship or relationship;

(c) an affiliation between the council official and an organisation, sporting body, club, corporation or association that is particularly strong.

(2) Less than significant – matters not involving the issues identified in Clause 5.5 (1) of this Code.

(3) Political donations – Councillors should take all reasonable steps to ascertain the source of any political contributions that directly benefit their election campaigns.

A Councillor must declare a non-pecuniary conflict of interest where the Councillor or the Councillor’s ‘official agent’ has received ‘political contributions’ or ‘political donations’, as the case may be, within the meaning of the Election Funding Act 1981 exceeding $1,000 which directly benefit their campaign:

(a) from a political or campaign donor or related entity in the previous four years; and

(b) where the political or campaign donor or related entity has a matter before Council.DLG C of C 2013 – Part 4 pages 9-10

5.6 Disclosure of non-pecuniary interests and attendance at meetings

(1) A Councillor or a member of a Council Committee who has disclosed a significant non-pecuniary conflict of interest in accordance with Clause 5.5 of this Code in any matter with which the Council is concerned

DRAFT



and who is present at a meeting of the Council or Committee at which the matter is being considered is required to disclose the nature of the interest to the meeting as soon as practicable.

The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:



(2) A Councillor or a member of a Council Committee who has disclosed a less than significant non-pecuniary conflict of interest in accordance with Clause 5.5 of this Code in any matter with which the Council is concerned may determine that it does not require further action, and if so, must provide an explanation of why it is considered that the conflict does not require further action in the circumstances.

(3) A Councillor or a member of a Council Committee who has disclosed that he/she or their official agents have received, in the previous four years, a political donation exceeding $1,000 that has directly benefited their campaign, from a donor who has a matter before Council, must disclose this fact to the meeting as soon as practicable.

The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:



This applies to all Councillors, regardless of whether they are independent Councillors or a member of a political group or party.

(4) Where a Councillor or a member of a Council Committee or their official agents have received, in the previous four years, a political donation under $1,000 that has directly benefited their campaign, from a donor who has a matter before Council, it may give rise to a non-pecuniary conflict of interest. In such cases Councillors should consider the perceptions of influence that might be created and consider the six points at the commencement of Part 5 of this Code.

If the Councillor or a member of a Council Committee determines that a non-pecuniary conflict of interest may exist, they need to consider whether or not the conflict of interest is significant as defined in Clause 5.5 (1) of this Code.

(a) If the conflict of interest is deemed significant the Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:

(i) at any time during which the matter is being considered or discussed by the Council or Committee, or

(ii) at any time during which the Council or Committee is voting on any question in relation to the matter.

(b) If the conflict of interest is deemed less than significant it remains open for the Councillor or member to take additional steps to manage any perception of a conflict of interest.

This applies to all Councillors, regardless of whether they are independent Councillors or a member of a political group or party.

DLG C of C 2008 Guidelines – Pgs 19/22

Written Declarations of Pecuniary Interest

A Councillor who has a pecuniary interest or non-pecuniary interest in accordance with Clauses 5.3 (1), 5.6 (1) and (3) of this Code, in a matter being considered at a Council or Committee meeting must disclose the existence of the interest and also the nature of that interest.

Councillors are requested to make such a disclosure in writing and provide the written disclosure to the General Manager by 12 noon on the day of the meeting. A Councillor, having disclosed a pecuniary interest, must not be present at the meeting when the matter is being considered, discussed or voted on.

This requirement does not prevent a Councillor from disclosing a pecuniary interest at a Council or Committee meeting at which the matter is being considered.

Council Protocol

A Councillor with a pecuniary interest, and not capable of voting on the business before the Council, is regarded as being absent from the meeting for the purpose of determining whether or not a quorum is present.

DRAFT




Example 1: Club Membership

A Councillor is a member of a club in a small community. The Councillor is very active in the running of the club. While not an office holder, he is well known to all club members.

The club has recently submitted a development application to the Council for a major extension of its facilities.

In this instance, there may be a public perception that the Councillor’s activities with the club would make it difficult for the Councillor to view the matter before the Council as a representative of residents and ratepayers generally. This may meet the definition of a significant non-pecuniary conflict of interests.

If so, the Councillor should disclose his conflict of interests in the matter when it comes up for consideration. The Councillor must then refrain from participating in Council’s discussion and voting on the matter. The Councillor must leave the room when the vote is being taken to ensure that the vote is not recorded in the negative.

DLG C of C 2008 Guidelines – Pg 23

Example 2: Club Membership

A Councillor is a member of a local registered club. However, she is not active in the club or involved with the management of the club. In this situation, the Councillor merely enjoys the facilities of the club as a privilege of membership.

In this example, should a matter relating to the club arise at Council, it is appropriate that the Councillor informs the Council of her membership (i.e. declares a non-pecuniary conflict of interests that is less than significant). However, it is unlikely that her interest as a club member would influence her role as a Councillor representing the view of residents and ratepayers generally. Therefore, she could participate in the decision-making process.

In both situations, the Councillors have two different interests in the matters. The first is their interest as a Councillor representing residents and ratepayers generally; the second is as club members who are keen to see the club prosper and provide better facilities for its members. There is nothing wrong with a Councillor having community as well as civic interests, though there are times when these interests may be perceived as a significant conflict of interests.

The distinguishing features of examples 1 and 2 are that:

The Councillor’s interests as a club member in example 1 are likely to influence his role as a representative of residents and ratepayers generally. This would make it difficult for him to be impartial; and

The public perception of a lack of impartiality would be stronger in the first example particularly given the size of the community and the visibility of the councillor in the club’s activities.

If a Councillor is an office holder in a club or other organisation, the interest may constitute a pecuniary interest.DLG C of C 2008 Guidelines – Pg 23

Example 3: Political Support

A local ratepayer has made a campaign donation to a group of local Councillors through their official agent in the last 2 years. The ratepayer lodges a development application with Council to build a block of units on the land she owns. The development is controversial and receives a lot of media attention.

A potential conflict of interests could arise for a Councillor, or group of Councillors, when a campaign donor, who contributes financially to their election campaign, has a matter before the Council for determination. The conflict of interests arises even when a donation is made through the official agent.

Where the donation exceeds $1,000 and has been donated within the last 4 years, the Councillors must declare a non-pecuniary conflict of interests, disclose the nature of the interest and have no further involvement in the matter by absenting themselves and not taking part in any debate or voting on the matter in accordance with section 451(2) of the Act.

In the circumstances where a donation is less than $1,000 or the donation is made over 4 years ago, then the Councillors would still need to consider whether or not a reasonable and informed person could perceive that a conflict of interests exists and take the appropriate action.

The Councillors would also need to consider whether such a political donation gives rise to a reasonable perception of influence in relation to their vote.

If there is a conflict of interests then the Councillors would need to determine whether or not it is significant. If the Councillors had a close relationship with the donor, then it may be a significant non-pecuniary conflict of interests.

If the Councillors consider that there is a non-pecuniary conflict of interests, but it is minimal, then the Councillors would need to disclose the interest and its nature and provide an explanation of why further action is not required.

DRAFT



DLG C of C 2008 Guidelines – Pg 22

5.7 Interests that do not require disclosure

The following interests do not have to be disclosed for the purposes of Chapter 14 of the Local Government Act:

(a) an interest as an elector;

(b) an interest as a ratepayer or person liable to pay a charge;

(c) an interest in any matter relating to the terms on which the provision of a service or the supply of goods or commodities is offered to the public generally, or to a section of the public that includes persons who are not subject to this Part;

(d) an interest in any matter relating to the terms on which the provision of a service or the supply of goods or commodities is offered to a relative of the person by the Council in the same manner and subject to the same conditions as apply to persons who are not subject to this Part;

(e) an interest as a member of a club or other organisation or association, unless the interest is as the holder of an office in the club or organisation (whether remunerated or not);

(f) an interest of a member of a Council Committee as a person chosen to represent the community or as a member of a non-profit organisation or other community or special interest group if the Committee member has been appointed to represent the organisation or group on the committee;

(g) an interest in a proposal relating to the making, amending, altering or repeal of an environmental planning instrument other than an instrument that effects a change of the permissible uses of:

(i) land in which the person or a person, company or body referred to in Clause 5.2 (1)(b) or (c) of this Code has a proprietary interest (which, for the purposes of this paragraph, includes any entitlement to the land at law or in equity and any other interest or potential interest in the land arising out of any mortgage, lease, trust, option or contract, or otherwise), or

(ii) land adjoining, adjacent to or in proximity to land referred to in subparagraph (i).

if the person or person, company or body referred to in Clause 5.2 (1)(b) or (c) of of this Code would by reason of the proprietary interest have a pecuniary interest in the proposal;

(h) an interest relating to a contract, proposed contract or other matter if the interest arises only because of a beneficial interest in shares in a Company that does not exceed ten per cent of the voting rights in the company:

(i) an interest of a person arising from the proposed making by the Council of an agreement between the Council and a Corporation, Association or Partnership, being a Corporation, Association or Partnership that has more than 25 members, if the interest arises because a relative of the person is a shareholder (but not a Director) of the Corporation or is a member (but not a member of the Committee) of the Association or is a partner of the Partnership.

(j) an interest of a person arising from the making by the Council of a contract or agreement with a relative of the person for or in relation to any of the following, but only if the proposed contract or agreement issimilar in terms and conditions to such contracts and agreements as have been made, or as are proposed to be made, by the Council in respect of similar matters with other residents of the area:

(i) the performance by the council at the expense of the relative of any work or service in connection with roads or sanitation;

(ii) security for damage to footpaths or roads;

(iii) any other service to be rendered, or act to be done, by the Council by or under any Act conferring functions on the Council or by or under any contract.

(k) an interest relating to the payment of fees to Councillors (including the Lord Mayor and Deputy Lord Mayor);

(l) an interest relating to the payment of expenses and the provision of facilities to Councillors (including the Lord Mayor and Deputy Mayor) in accordance with a policy under Section 252 of the Local Government Act;

(m) an interest relating to an election to the office of Lord Mayor arising from the fact that a fee for the following twelve months has been determined for the Office of Lord Mayor;

DRAFT



(n) an interest of a person arising from the passing for payment of a regular account for wages or salary of an employee who is a relative of the person;

(o) an interest arising from being covered by, or a proposal to be covered by, indemnity insurance as a Councillor or member of a Council Committee;

(p) an interest arising from appointment of a Councillor to a body as representative or delegate of the Council, whether or not a fee or other recompense is payable to the representative or delegate.

LGA Sec 448

5.8 General disclosure

A general notice given to the General Manager in writing by a Councillor or a member of a Council Committee to the effect that the Councillor or member, or the Councillor’s or member’s spouse, de facto partner or relative, is:

(a) a member, or in the employment, of a specified company or other body; or

[b) a partner, or in the employment, of a specified person;

is, unless and until the notice is withdrawn, sufficient disclosure of the Councillor’s or member’s interest in a matter relating to the specified company, body or person that may be the subject of consideration by the Council or Council Committee after the date of the notice.

LGA Sec 454

5.9 Disclosure by advisor

(1) A person who, at the request or with the consent of Council or a Council Committee, gives advice on any matter at any meeting of the Council or Council Committee must disclose the nature of any pecuniary interest the person has in a matter to the meeting at the time the advice is given.

(2) The person is not required to disclose the person’s interest as an advisor.LGA Sec 456

5.10 Circumstances where disclosure rules are not breached

A person does not breach Clauses 5.3 and 5.9 of this Code if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.

LGA Sec 457

5.11 Disclosure to be recorded in the minutes

A disclosure made at a meeting of Council or a Council Committee must be recorded in the minutes of the meeting.

LGA Sec 453

PART 6 – MOTIONS

6.1 Lodgement of Notices of Motion

A Councillor may lodge a Notice of Motion for inclusion on the agenda/business paper for a forthcoming ordinary or extraordinary meeting of the Council:

(a) A Notice of Motion for an ordinary Council meeting must be submitted in writing and be received by the General Manager no later than 5.00 pm thirteen calendar days prior to the scheduled Ordinary Council meeting date.

(b) A Notice of Motion for an Extraordinary Council meeting must be submitted in writing and be received by the General Manager no later than 5.00 pm five calendar days prior to the proposed meeting day. In the event that the business is of an urgent nature, as determined by the Lord Mayor or General Manager, no notice is required.

(c) The Notice of Motion must be signed by at least one Councillor. A Councillor submitting a Notice of Motion may include in the Notice of Motion the names of other Councillors who have indicated support for

DRAFT



the Notice of Motion. This will serve to indicate that an item has broader approval and support to allow debate to occur. It does not bind any Councillor to voting in favour of the motion.

Council Protocol

(d) If requested by the Councillor who has lodged a Notice of Motion, the General Manager may provide factual information on the Notice of Motion to assist in discussion of the motion.

DLG Circular 10-10

6.2 Notice of Motion – Absence of Mover

In the absence of a Councillor who has placed a Notice of Motion on the agenda for a meeting of Council:

(a) any other Councillor may move the motion at the meeting, or

(b) the Chairperson may defer the motion until the next Council meeting at which such motion can be considered.

Reg 245

6.3 Formulation of motions

(1) A motion is a proposal put forward by a Councillor or member of a Committee calling for a specific action to be taken or a decision to be made on a particular matter before the meeting.

(2) A motion should be simple, easy to understand and very specific in its intention.

(3) Motions should be well structured and if it involves a number of different aspects, there should be different parts to the motion.

(4) If a motion is complex in its wording and intent, the motion is to be submitted in writing and made available to other Councillors, the General Manager and Minute taker.

DMB Pg 13 and Council Protocol

(5) In submitting a Notice of Motion, Councillors must balance their civic responsibility for representing the interests of their community with their obligation to use Council’s resources effectively and efficiently.


6.4 Motions to be seconded

A motion or an amendment cannot be debated unless or until it has been seconded. This Clause is subject to Clauses 4.8 (2) and 7.4 (2) of this Code where seconding is not required:

(a) in the case of a Lord Mayoral Minute, put to the meeting without notice, where the adoption of the minute is moved by the Lord Mayor (as Chairperson) under Clause 4.8 of this Code; nor

(b) in the case of a ‘Closure Motion’ moved under Clause 7.4 of this Code.Reg 246 and DMB Pg 14

6.5 Speaking to motions

(1) A Councillor, who during a debate at a meeting of Council, moves an original motion has the right of general reply to all observations that are made by another Councillor during the debate in relation to the motion and to any amendment to it, as well as the right to speak on any such amendment. Remarks in reply must be limited to discussion of issues raised in debate and no new material may be introduced.

Council Resolution – Min 373 of 27/10/03

(2) A Councillor, other than the mover of an original motion, has the right to speak once on the motion and once on each amendment to it.

Reg 250 (1)-(2)

(3) A Councillor who moves an original motion may exercise his or her right to speak to the motion at any point in the debate, prior to the right of reply.


(4) A Councillor must not, without the consent of Council, speak more than once on a motion or an amendment, or for longer than 5 minutes at any one time. However, the Chairperson may permit a Councillor who claims to have been misrepresented or misunderstood to speak more than once on a motion or an amendment, and for longer than 5 minutes on that motion or amendment to enable the Councillor to make a statement limited to explaining the misrepresentation or misunderstanding.

Reg 250 (3)

DRAFT



The Chair may accept a motion that an additional time of up to 5 minutes be given to the speaker to continue debate, with the number of minutes specified by the Councillor moving the motion. The Chair may accept a further Motion for an additional extension of time, limited to 1 minute only, to permit the Councillor to conclude their debate on an item.

Council Protocol

6.6 Varying a motion

(1) A Councillor may seek to vary a motion by:

(a) obtaining the consent of the mover and seconder of the motion; or

(b) proposing an amendment to the motion.

(2) If a Councillor proposes a variation to a motion, the Chairperson shall seek the consent of the mover and seconder of the motion to have the variation included in the motion. If there is no objection, the proposed variation is adopted into the motion and the minutes will include the name of the Councillor proposing the variation.

(3) If there is an objection, the proposed variation must be dealt with as an amendment and seconded and voted on accordingly.

(4) If the variation is proposed by the seconder to the original motion, but not accepted by the mover of the motion, then a new seconder should be sought for the original motion. This is consistent with the common law rule that a seconder to a motion cannot move an amendment but enables a seconder to move a variation.

Council Protocol

6.7 Amendments to motions

(1) An amendment may propose that some words be omitted from the motion or added to the motion but it should not contradict the motion.

(2) Amendments that create a direct negative are not permissible. The proper means of opposing a motion is to vote against it.

(3) Amendments cannot be moved until the original motion has been seconded.

(4) Amendments must be moved and seconded.

(5) The amendment must be moved before debate on the motion has been concluded and the right of reply of the mover of the motion has been exercised.

(6) It is not in order to propose an amendment which is, in effect, the same as one already rejected or which reserves the intention of one already adopted.

(7) Not more than one motion and one amendment can be before Council at any one time.

(8) Once an amendment has been moved and seconded, it cannot be withdrawn without the consent of the meeting.

DMB Pgs 14-15

6.8 Subsequent amendments to motions

If an amendment has been rejected, a further amendment can be moved to the motion to which the rejected amendment was moved, and so on, but no more than one motion and one proposed amendment can be before Council at any one time.

Reg 247

6.9 Foreshadowed motions and foreshadowed amendments

(1) (a) Foreshadowed Amendments – once an amendment has been moved and seconded and during debate a Councillor or Committee member may ‘foreshadow’ an amendment, without a seconder, proposed to be moved following consideration of the first amendment.

There is no limit to the number of foreshadowed amendments before Council at any time However,no discussion on foreshadowed amendments can take place until the previous amendment has been dealt with.

DRAFT



(b) Foreshadowed Motions - a foreshadowed motion can be proposed by a Councillor or Committee member, without a seconder, during debate on the original motion. The foreshadowed motion will only be considered if the original motion is lost or withdrawn and once moved and seconded. If the original motion is carried, the foreshadowed motion lapses.

(2) Foreshadowed motions and foreshadowed amendments are to be considered in the order in which they were notified however foreshadowed motions cannot be considered until all foreshadowed amendments have been dealt with.

(3) Foreshadowed motions and foreshadowed amendments are required to be moved and seconded before debate can commence.

DMB Pg 15 and Council Protocol

6.10 Splitting Motions for debate

Where Council is considering a report of a complex nature or contains multiple recommendations a Councillor may move a Procedural Motion that the motions before the meeting be split and determined either in groups or individually. In this instance Council will record the names of the Councillors supporting and those opposing each of the split motions however only one Minute number for the report will be included in the Council Minutes.

Council Protocol

PART 7 – PROCEDURAL MOTIONS

7.1 General procedure

(1) A procedural motion is a motion that refers to the conduct of a meeting.

(2) Procedural motions are not subject to the notice of motion requirements referred to in Clause 6.1.

(3) A procedural motion requires a seconder unless stated otherwise in this Code.

(4) There is no debate on a procedural motion unless stated otherwise in this Code.

(5) A procedural motion has precedence over substantive motions and must be put to the meeting for a decision in accordance with this Clause.

Council Protocol

7.2 Point of order

(1) A Councillor may draw the attention of the Chairperson to some irregularity in the meeting proceedings.

(2) The Councillor does this by raising a ‘point of order’

(3) A point of order does not require a seconder and must be raised immediately and the speaker at the time may be interrupted.

(4) The Chairperson must suspend business before the meeting to allow the Councillor raising the point of order to state the meeting procedure/s he/she believes have been infringed.

(5) The Chairperson will subsequently either uphold the point of order or overrule it and the business before the meeting can then continue.

DMB Pgs 16 & 53 and Council Protocol

7.3 Motions of dissent

(1) A Councillor can, without notice, move to dissent from the ruling of the Chairperson on a point of order. If that happens, the Chairperson must suspend the business before the meeting until a decision is made on the motion of dissent.

(2) If a motion of dissent is passed, the Chairperson must proceed with the suspended business as though the ruling dissented from had not been given. If, as a result of the ruling, any motion or business has been discharged as out of order, the Chairperson must restore the motion or business to the agenda and proceed with it in due course.

(3) Despite Clause 6.5 of this Code, only the mover of a motion of dissent and the Chairperson can speak to the motion before it is put. The mover of the motion does not have a right of general reply.

Reg 248

DRAFT



A Motion of Dissent does not require a seconder.Council Protocol

7.4 Limitation as to number of speeches

(1) Despite Clause 6.5 (1) and (2) of this Code, a Councillor may move that a motion or an amendment be ‘now put’:

(a) if the mover of the motion or amendment has spoken in favour of it and no Councillor expresses an intention to speak against it, or

(b) if at least 2 Councillors have spoken in favour of the motion or amendment and at least 2 Councillors have spoken against it.

(2) The Chairperson must immediately put to the vote, without debate, a motion moved under Subclause (1). A seconder is not required for such a motion.

(3) If a motion that the original motion or an amendment be now put is passed, the Chairperson must, without further debate, put the original motion or amendment to the vote immediately after the mover of the original motion has exercised his or her right of reply under Clause 6.5 (1) of this Code.

(4) If a motion that the original motion or amendment be now put is rejected, the Chairperson must allow the debate on the original motion or the amendment to be resumed.

Reg 250 (4) – (7)

PART 8 – ORDER AT MEETINGS

8.1 Need for order

(1) The Chairperson, whose authority is derived from the meeting itself, is ordinarily responsible for preserving order at the meeting. In doing so the Chairperson must be impartial and consistent.

(2) The rationale for the need for order to be preserved is to give all persons entitled a reasonable opportunity of participating in the discussion and voting on matters before the meeting.

(3) It is the role of the Chairperson to ensure that the proceedings are conducted in a proper manner and that the ‘sense of the meeting’ is properly ascertained with regard to any question which is properly before the meeting.

DMB Pgs 36-37

(4) Councillors, Council staff and other persons attending the meeting are required to observe the Code of Meeting Practice and Code of Conduct at all times.

(5) Members of the public gallery are:

(a) not permitted to interrupt meeting procedures or to engage in any disorderly conduct;

(b) not permitted to address or approach Councillors during the meeting, unless addressing Council via the Public Access Forum;

(c) not permitted to bring any items which are deemed to potentially cause discomfort or a safety risk to Councillors, Council staff or other members of the gallery;

(d) required to switch all mobile phones to ‘off’ or ‘silent’ during the course of the meeting;

(e) not permitted to take any food or drink into the Council Chambers.Council Protocol

8.2 Questions of order

(1) The Chairperson, without the intervention of any other Councillor, may call any Councillor to order whenever, in the opinion of the Chairperson, it is necessary to do so.

(2) A Councillor, who claims that another Councillor has committed an act of disorder, or is out of order, may call the attention of the Chairperson to the matter.

(3) The Chairperson must rule on a question of order immediately after it is raised but before doing so may invite the opinion of the Council.

(4) The Chairperson's ruling must be obeyed unless a motion dissenting from the ruling is passed.

DRAFT



Reg 255

8.3 Acts of disorder

(1) A Councillor commits an act of disorder if the Councillor, at a meeting of the Council or a Committee of the Council:

(a) contravenes the Act or any regulation in force under the Act; or

(b) assaults or threatens to assault another Councillor or person present at the meeting; or

(c) moves or attempts to move a motion or an amendment that has an unlawful purpose or that deals with a matter that is outside the jurisdiction of the Council or Committee, or addresses or attempts to address the Council or Committee on such a motion, amendment or matter; or

(d) insults or makes personal reflections on or imputes improper motives to any other Councillor; or

(e) says or does anything that is inconsistent with maintaining order at the meeting or is likely to bring the Council or Committee into contempt.

(2) The Chairperson may require a Councillor:

(a) to apologise without reservation for an act of disorder referred to in subclause (1) (a) or (b), or

(b) to withdraw a motion or an amendment referred to in subclause (1) (c) and, where appropriate, to apologise without reservation; or

(c) to retract and apologise without reservation for an act of disorder referred to in subclauses (1) (d) or (e).

(3) A Councillor may, as provided by Section 10 (2) (a) or (b) of the Local Government Act, be expelled from a meeting of a Council by the Chairperson for having failed to comply with a requirement under subclause (2). The expulsion of a Councillor from the meeting for that reason does not prevent any other action from being taken against the Councillor for the act of disorder concerned.

Reg 256

(4) The Chairperson may conclude that a Councillor commits an ‘act of disorder’ pursuant to this Clause if, for example, the Councillor:

(a) insults or makes personal reflections on or imputes improper motives to any member of staff or a member of the public;

(b) repeatedly ignores a request by the Chairperson to resume his or her seat;

(c) brings up matters which are irrelevant or extraneous to the matter being discussed or are of a superfluous nature;

(d) engages in tedious repetition, or

(e) converses aloud, repeatedly interjects or makes any noise or other disturbance whilst any other Councillor is speaking, or

(f) shows deliberate disrespect towards the Chair, or

(g) refuses or fails, in any case, to withdraw and apologise, without reservation, for an ‘act of disorder’ when required to do so by the Chairperson.

DMB Pgs 38-39

8.4 Disorder at meetings – adjournment/expulsion

(1) If disorder occurs at a meeting of the Council, the Chairperson may adjourn the meeting for a period of not more than 15 minutes and leave the Chair. The Council, on reassembling, must on a question put from the chair, decide without debate whether the business is to be proceeded with or not. This Clause applies to disorder arising from the conduct of members of the public as well as disorder arising from the conduct of Councillors.

(2) A member of the public may, as provided by Section 10 (2) (a) or (b) of the Local Government Act, be expelled from a meeting of a Council for engaging in or having engaged in disorderly conduct at the meeting.

Reg 257

8.5 Effect of expulsion

DRAFT



A person (whether a Councillor or another person) is not entitled to be present at a meeting of the Council or a Committee of the Council if expelled from the meeting:

(a) by resolution of the meeting; or

(b) by the person presiding at the meeting, if the Council has, by resolution, authorised the person presiding to exercise the power of expulsion.

LGA Sec 10 (2)DMB Pg 40

8.6 Warning to Councillors

If the Chairperson is of the view that the ongoing behaviour of a Councillor is disruptive to the good order of the meeting, the Chairperson:

(a) shall warn the Councillor that he/she could face a motion to authorise removal from the meeting if he/she continues to breach the Code of Meeting Practice, and

(b) if a further breach occurs, seek the views of the meeting as to the removal of the Councillor.Council Protocol

The Regulations do not specifically refer to the need for a ‘warning’, although it is clear that the power of expulsion may only be exercised after the Councillor in question has been given an opportunity of apologising without reservation and has failed to do so. In that sense, a ‘warning’ is still required.

DMB Pg 40

8.7 Power to remove persons from Council meeting

If a Councillor or member of the public fails to leave the place where a meeting of a Council is being held:

(a) immediately after the Council has passed a resolution expelling the Councillor or member of the public from the meeting; or

(b) where the Council has authorised a person presiding at the meeting to exercise the power of expulsion -immediately after being directed by the person presiding to leave the meeting,

a police officer or any person authorised for the purpose by the Council or person presiding, may by using such force as is necessary remove the Councillor or member from that place and, if necessary, restrain theCouncillor or member from re-entering that place.

Reg 258

8.8 Defamatory statements

The NSW Ombudsman publication Better Service and Communication for Councils provides information about defamation. It states:

“A statement may be defamatory of a person if it is likely to cause an ordinary reasonable member of the community to think less of a person or to shun or avoid the person”.

Councillors acting within their official capacity at meetings of Council or Council Committees may have a defence of ‘qualified privilege’ to actions in defamation. This recognises that you may need to speak freely and publicly in carrying out your duties.

However qualified privilege needs to be treated with great caution. It only covers statements made at a Council or Committee meeting when you are carrying out your duties and on business relevant to the Council. Statements also need to be made with good intentions, not malice.

Council Protocol

A statement made outside a Council or Committee meeting will not be protected by qualified privilege, but may be protected under the Defamation Act 2005.

Councillors need to be guided by their own legal advice on defamation issues.DLG Prac Note 16/2009 – Pgs 19/20

PART 9 – ADJOURNMENT OF MEETINGS

9.1 Motion to adjourn meeting

DRAFT



(1) An adjournment of a meeting means a postponement of a meeting. No meeting can be postponed without first being held. Thus in order to postpone a meeting, the meeting must first be held and then adjourned.

(2) A Councillor may move a procedural motion ‘that the meeting be adjourned’.

(3) This has the effect of stopping further debate for the time being.

(4) The motion and any subsequent amendment must be seconded before being put to the vote.

(5) Discussion can take place in order.

(6) The mover of the motion must wait until the speaker/s has finished before speaking to the motion.

(7) No further debate on the motion is permitted.DMB Pgs 21 & 52

9.2 Amendment to adjourn meeting motion

Amendments to the motion are permitted, but only to the extent that they relate to the time, place and date of the adjourned meeting.

DMB Pg 52

9.3 Reconvening an adjourned meeting

(1) The notice of meeting provisions do not apply to a reconvened meeting. However as a matter of practicality it is desirable to give notice of the date, time and place of the adjourned meeting.

(2) Once a date and time have been fixed and notice of the adjourned meeting has been given, there is no power to refix the date and time of the adjourned meeting.

(3) An adjourned meeting is not a new meeting but, when it is resumed, simply a continuation of the original meeting.

DMB Pgs 21-22

(4) Only business already on the Agenda for the adjourned meeting can be dealt with at a reconvened meeting except for business of great urgency raised in accordance with Clause 4.7 (1) of this Code.


PART 10 – CLOSED MEETINGS

10.1 Motion to close part of a meeting

A Council, or a Committee of Council of which all the members are Councillors, may close to the public so much of the meeting as comprises:

(a) the discussion of any of the matters listed in Clause 10.2 of this Code, or

(b) the receipt or discussion of any of the information so listed.LGA Sec 10A (1)

10.2 Grounds to close a meeting or part of a meeting

(1) The matters and information referred to in Clause 10.1 of this Code are the following:

(a) personal matters concerning particular individuals; (other than Councillors);

(b) the personal hardship of any resident or ratepayer;

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business;

(d) commercial information of a confidential nature that would, if disclosed:

prejudice the commercial position of the person who supplied it, orconfer a commercial advantage on a competitor of the Council, orreveal a trade secret;

(e) information that would, if disclosed, prejudice the maintenance of law;

(f) matters affecting the security of the Council, Councillors, Council staff or Council property;

DRAFT



(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

(h) information concerning the nature and location of a place or an item of Aboriginal significance on community land.

(2) Council, or a Committee of the Council of which all the members are Councillors, may also close to the public so much of its meeting as comprises a motion to close another part of the meeting to the public.

LGA Sec 10A (2)-(3)

10.3 Limitations to closing meetings

A meeting is not to remain closed during the discussion of anything referred to in Clause 10.2 (1):

(a) except for so much of the discussion as is necessary to preserve the relevant confidentiality, privilege or security, and

(b) if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret – unless the Council or Committee concerned is satisfied that discussion of the matter in an open meeting would, on balance, be contrary to the public interest.

LGA Sec 10B (1)

10.4 Discussion of legal matters

A meeting is not to be closed during the receipt and consideration of information or advice referred to in Clause 10.2 (1) (g) of this Code unless the advice concerns legal matters that:

(a) are substantial issues relating to a matter in which the Council or Committee is involved, and

(b) are clearly identified in the advice, and

(c) are fully discussed in that advice.LGA Sec 10B (2)

10.5 Motion to close other parts of a meeting

If a meeting is closed during the discussion of a motion to close another part of the meeting to the public (as referred to in Clause 10.2 (2) of this Code), the consideration of the motion must not include any consideration of the matter or information to be discussed in that other part of the meeting (other than consideration of whether the matter concerned is a matter referred to in Clause 10.2 (1) of this Code.

LGA Sec 10 B (3)

10.6 Matters of public interest

For the purpose of determining whether the discussion of a matter in an open meeting would be contrary to the public interest, it is irrelevant that:

(a) a person may misinterpret or misunderstand the discussion, or

(b) the discussion of the matter may:

cause embarrassment to the Council or Committee concerned, or to Councillors or to employees of the Council, orcause a loss of confidence in the Council or Committee.

LGA Sec 10B (4)

10.7 Departmental guidelines

In deciding whether part of a meeting is to be closed to the public, the Council or Committee concerned must have regard to any relevant guidelines issued by the Director General.

LGA Sec 10B (5)

10.8 Notice of closure not required in urgent cases

Part of a meeting of Council or of a Committee of the Council of which all the members are Councillors may be closed to the public while the Council or Committee considers a matter that has not been identified in the agenda for the meeting as a matter that is likely to be considered when the meeting is closed, but only if:

DRAFT



(a) it becomes apparent during the discussion of a particular matter that the matter is a matter referred to in Clause 10.2 (1) of this Code, and

(b) the Council or Committee, after considering any representations made under Clause 10.9 of this Code, resolves that further discussion of the matter:

(i) should not be deferred (because of the urgency of the matter), and

(ii) should take place in a part of the meeting that is closed to the public.LGA Sec 10C

10.9 Representations by members of the public before a meeting is closed

(1) A Council, or a Committee of a Council of which all members are Councillors, may allow members of the public to make representations to or at a meeting, before any part of the meeting is closed to the public, as to whether that part of the meeting should be closed.

LGA Sec 10A (4)

(2) A representation at a Council meeting by a member of the public as to whether a part of a meeting should be closed to the public can only be made for a fixed period immediately after the motion to close the part of the meeting is moved and seconded.

(3) That period is as fixed in Clause 10.9 (4) of this Code. Different periods can be fixed according to the different types of matters to be discussed or received and discussed at closed parts of meetings.

Reg 252

(4) A maximum period of ten minutes has been allocated by Council, or a Committee of Council, to allow for the verbal receipt of representations as to whether a part of a meeting should be closed to the public, immediately after the motion to close the part of the meeting is moved and seconded. Individual verbal presentations can only be made for a maximum of 5 minutes.


10.10 Minutes to specify grounds for closing meetings

(1) The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

(2) The grounds must specify the following:

(a) the relevant provision of Clause 10.2 (1) of this Code;

(b) the matter that is to be discussed during the closed part of the meeting;

(c) the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

LGA Sec 10D

A Motion could look like:

“Moved Cr X, seconded Cr Y, that the meeting is closed during the discussion of the matter ‘Item 1: Annual tenders for goods and services’ in accordance with 10.2 (1) (c) of this Code on the basis that:

the discussion of the matter in an open meeting could prejudice the commercial position of tenderers; and

on balance, the public interest in preserving the confidentiality of commercial information supplied by tenderers outweighs the public interest in openness and transparency in Council decision-making by discussing the matter in open meeting.”


10.11 Public Attendance at Closed Council Meeting

(1) Council is able to invite members of the public to address Closed Council meetings on specific matters where it is necessary for the provision of advice. Invited members would be required to leave the meeting prior to voting being undertaken on the matter.

(2) In undertaking such action Council needs to be mindful that invitations may affect its appearance of impartiality and improper conduct in a matter.

DRAFT



(3) All persons invited to a Closed Council meeting in accordance with this Clause are subject to the non-disclosure provisions of Section 664 of the LGA.

DLG Prac Note 16/2009 - Pg 47

10.12 Conclusion of Closed MeetingAt the conclusion of business in Closed Council, Council must resolve that the meeting be open to the public.


10.13 Resolutions to be made publicIf a Council passes a resolution during a meeting, or part of a meeting, that is closed to the public, the Chairperson must make the resolution public as soon as practicable after the meeting or part of the meeting has ended.

Reg 253

10.14 Adoption of Closed Council Resolutions in Open Council

Council is not required to re-make the resolutions made in Closed Council when reverting back to Open Council.

The only matters a Council would adopt are the recommendations made by the Committee of the Whole or recommendations of another Council Committee.


PART 11 – VOTING

11.1 Voting entitlements of Chairperson and Councillors

(1) Each Councillor is entitled to one vote.

(2) However, the person presiding at a meeting of the Council has, in the event of an equality of votes, a second or casting vote.

LGA Sec 370

11.2 Method of voting at Council meetings

Voting at a Council meeting, including voting in an election at such a meeting, is to be by open means (such as on the voices, by show of hands or such other electronic means as determined by Council). However, the Council may resolve that the voting in any election by Councillors for Deputy Mayor is to be by secret ballot.

Reg 251 (5)

11.3 Failure to vote on a motion

A Councillor who is present at a meeting of a Council but who fails to vote on a motion put to the meeting is taken to have voted against the motion.

Reg 251 (1)

11.4 Record of voting

(1) For all motions on the agenda and business paper Council will record the names of those Councillors who supported the motion and those who opposed (or are taken to have opposed) the motion with the exception of Procedural Motions.

(2) This Clause extends to a meeting or part of a meeting that is closed to the public.

(3) Council will record all voting in a voting register available on its website at www.wollongong.nsw.gov.au.Council Protocol and LGA Sec 375A

PART 12 – DECISIONS OF COUNCIL

DRAFT



12.1 What constitutes a decision of Council

A decision supported by a majority of the votes at a meeting of the Council at which a quorum is present is a decision of the Council.

LGA Sec 371

12.2 Invalidation of Council and Committee decisions

Proceedings at a meeting of a Council or a Council Committee are not invalidated because of:

(a) a vacancy in a civic office, or

(b) a failure to give notice of the meeting to any Councillor or Committee member, or

(c) any defect in the election or appointment of a Councillor or Committee member, or

(d) a failure of a Councillor or Committee member to disclose a pecuniary interest, or to refrain from the consideration or discussion of, or vote on, the relevant matter, at a Council meeting in accordance with Section 451 of the Local Government Act, or

(e) a failure to comply with the Code of Meeting Practice.LGA Sec 374

12.3 Rescinding or altering Council resolutions

The intention here is that the later resolution replaces the earlier one.DLG Prac Note 16/2009 - Pg 38

(1) A resolution passed by a Council may not be altered or rescinded except by a motion to that effect of which notice has been duly given in accordance with regulations made under Section 360 of the Local Government Act and Council’s Code of Meeting Practice.

Note – The effect of this is that items are not able to be ‘recommitted’.

(2) If notice of motion to rescind a resolution is given at the meeting at which the resolution is carried, the resolution must not be carried into effect until the motion of rescission has been dealt with.

Note – Council is not able to ‘recommit’ an item at the same Council meeting at which the resolution was carried.

The only means of doing this is to lodge a Rescission Motion, signed by three Councillors and for Council to resolve to deal with the Rescission Motion at that meeting.

(3) If a motion has been negatived (lost) by a Council, a motion having the same effect must not be considered unless notice of it has been duly given in accordance with Council’s Code of Meeting Practice.

(4) A notice of motion to alter or rescind a resolution and a notice of motion which has the same effect as a motion which has been negatived by the Council, must be signed by 3 Councillors if less than 3 months has elapsed since the resolution was passed, or the motion was negatived, as the case may be.

(5) If a motion to alter or rescind a resolution has been negatived or if a motion which has the same effect as a previously negatived motion is negatived, no similar motion may be brought forward within 3 months. This Clause may not be evaded by substituting a motion differently worded but in principle the same.

(6) A motion to which this section applies may be moved on the report of a Committee of the Council and any such report must be recorded in the minutes of the meeting of the Council.

(7) The provisions of this section concerning negatived motions do not apply to motions of adjournment.LGA Sec 372

12.4 Rescinding or altering Part of a Council resolution

While not specifically covered in Section 372 of the LGA, it would appear that a Council could rescind part of a resolution (without rescinding the whole resolution). This view would be subject to any determination of a Court.


12.5 Dealing with Rescission Motions

Resolutions may be rescinded or altered in accordance with the following guidelines:

DRAFT



(1) A ‘Notice of Motion to Rescind’ given at the same Council or Committee meeting at which the original resolution proposed to be rescinded was carried shall be -

(a) in writing addressed to the General Manager and be signed by at least 3 Councillors.

(b) handed to the General Manager during the course of the meeting.

(c) any such ‘Notice of Motion to Rescind' shall, when handed to the General Manager be examined by the General Manager who shall assess whether it is in order having regard to this Clause.

(d) where any such 'Notice of Motion to Rescind' is considered by the General Manager to be in order in terms of this Clause, the Chairperson shall as soon as practicable during the course of the meeting announce that such Notice of Motion has been received. In doing so, the Chairperson shall invite special attention to the resolution proposed to be rescinded and shall seek the leave of Council or the Committee, as the case may be, to have the full contents of the document read to the meeting by the General Manager.

(e) consideration shall then be given to and a determination made in respect of the question as to whether the 'Notice of Motion to Rescind' is to be dealt with at the current meeting or the next Council meeting.

(2) A ‘Notice of Motion to Rescind’ lodged after the meeting at which the original resolution proposed to be rescinded was carried, will in all instances be considered at the next meeting of Council. In such circumstances no further action to carry the original resolution into effect may be taken (unless already implemented) until the notice of rescission has been dealt with.

Council Resolution - Min 178 of 28/6/06

PART 13 – COMMITTEES OF COUNCIL

13.1 Committee of Council

A Council may resolve itself into a Committee to consider any matter before the Council.LGA Sec 373

This refers to a ‘Committee of the Whole’ which is a Committee of Council comprised of all Councillors.

13.2 Committee of the Whole

(1) This Policy applies to the conduct of a meeting of Council when in ‘Committee of the Whole’, except the provision limiting the number and duration of speeches.

(2) The General Manager or Public Officer is responsible for reporting to the Council any recommendations from the ‘Committee of the Whole’.

(3) Any recommendations of the Committee must be recorded in the Council’s minutes. The Council must move a motion to adopt the report of the Committee.

Reg 259

13.3 Council may establish Committees

(1) A Council may by resolution establish such Committees as it considers necessary.

(2) Such a Committee is to consist of the Lord Mayor and such other Councillors as are elected by the Councillors or appointed by the Council.

(3) In electing Committee members, a Councillor may be nominated or elected in his or her absence.DLG Prac Note 16/2009 – Pg 53

(4) The quorum for a meeting of such a Committee is to be –

(a) such number of members as the Council decides, or

(b) if the Council has not decided a number – a majority of the members of the Committee.Reg 260

(5) If a Council Committee consists of Councillors only, the relevant meeting provisions of the Local Government Act, the Regulation and this Code of Meeting Practice govern its procedure.


DRAFT



Note - In almost all cases, reference to Council Committees in the LGA specifically state, ‘a Committee of which all the members are Councillors’. These can be ‘Committees of the Whole’ (that is all Councillors including the Lord Mayor only), or a Committee established under Clause 260 of the Reg (that is the Lord Mayor and some Councillors only).

Sections 355(b) and 376(2) of the LGA refer to Committees whose members include people who are not Councillors.


13.4 Functions of Committees

A Council must specify the functions of each of its Committees when the Committee is established, but may from time to time amend those functions.

Reg 261

Committees of Council comprised of Councillors only may have specific functions delegated to them by Council. Council may also be supported by Liaison and Advisory Committees which comprise Councillor and external membership and act in an advisory capacity.

Council Protocol

13.5 Notice of Committee Meetings to be Given

(1) The General Manager of the Council must send to each Councillor, at least 3 days before each meeting of the Committee, a notice specifying:

(a) the time and place at which and the date on which the meeting is to be held; and

(b) the business proposed to be transacted at the meeting.

(2) However, notice of less than 3 days may be given of a Committee meeting called in an emergency.Reg 262

13.6 Non-members entitled to attend Committee Meetings

(1) A Councillor who is not a member of a Committee of a Council is entitled to attend and speak at, a meeting of the Committee.

(2) However, the Councillor is not entitled:

(a) to give notice of business for inclusion in the agenda for the meeting, or

(b) to move or second a motion at the meeting, or

(c) to vote at the meeting. Reg 263

13.7 Chairperson and Deputy Chairperson of Committees

(1) The Chairperson of each Committee of the Council must be:

(a) the Lord Mayor; or

(b) if the Lord Mayor does not wish to be the Chairperson of a Committee - a member of the Committee elected by the Council; or

(c) if the Council does not elect such a member - a member of the Committee elected by the Committee.

(2) Council may elect a member of a Committee of the Council as Deputy Chairperson of the Committee. If the Council does not elect a Deputy Chairperson of such a Committee, the Committee may elect a Deputy Chairperson.

(3) If neither the Chairperson nor the Deputy Chairperson of a Committee of the Council is able or willing to preside at a meeting of the Committee, the Committee must elect a member of the Committee to be acting Chairperson of the Committee.

(4) The Chairperson is to preside at a meeting of a Committee of the Council. If the Chairperson is unable or unwilling to preside, the Deputy Chairperson (if any) is to preside at the meeting, but if neither the Chairperson nor the Deputy Chairperson is able or willing to preside the acting Chairperson is to preside at the meeting.

Reg 267

DRAFT



13.8 Voting procedure in Committees

(1) Subject to Subclause (3), each Committee of the Council may regulate its own procedure.

(2) Without limiting Subclause (1), a Committee of the Council (consisting of Councillors only) may decide that, whenever the voting on a motion put to a meeting of the Committee is equal, the Chairperson of the Committee is to have a casting vote as well as an original vote. Without such a decision of the Committee, a casting vote cannot be exercised by the Chairperson.

(3) Voting at a Committee meeting is to be by Open means (such as on the voices, by show of hands or such other electronic means as determined by Council).

Reg 265

(4) For all motions and recommendations on a Committee agenda and business paper the names of those Councillors who supported the motion and those who opposed (or are taken to have opposed) the motion will be recorded.

This Clause extends to a Committee meeting or part of a Committee meeting that is closed to the public.Council Protocol and LGA Sec 375A

Council Protocol

13.9 Absence from Committee meetings

(1) A member (other than the Lord Mayor) ceases to be a member of a Committee if the member:

(a) has been absent from 3 consecutive meetings of the Committee without having given reasons acceptable to the Committee for the member's absences; or

(b) has been absent from at least half of the meetings of the Committee held during the immediately preceding year (beginning 1 July and ending 30 June) without having given to the Committee acceptable reasons for the member's absences.

(2) Subclause (1) does not apply if all of the members of the Council are members of the Committee.Reg 268

13.10 Reports of Committees

(1) If in a report of a Committee of the Council distinct recommendations are made, the decision of the Council may be made separately on each recommendation.

(2) The recommendations of a Committee of the Council are, so far as adopted by the Council, resolutions of the Council.

(3) If a Committee of a Council passes a resolution, or makes a recommendation, during a meeting, or a part of a meeting, that is closed to the public, the Chairperson must:

(a) make the resolution or recommendation public as soon as practicable after the meeting or part of the meeting has ended; and

(b) report the resolution or recommendation to the next meeting of Council.Reg 269

13.11 Disorder in Committee meetings

The provisions of this Code relating to the maintenance of order in Council meetings apply to meetings of Committees of the Council in the same way as they apply to meetings of the Council

Reg 270

13.12 Certain persons may be expelled from Committee meetings

(1) If a meeting or part of a meeting of a Committee of a Council is closed to the public in accordance with Clause 10.1 of this Code, any person who is not a Councillor may be expelled from the meeting as provided by Clause 2.7 (2) of this Code.

(2) If any such person, after being notified of a resolution or direction expelling him or her from the meeting, fails to leave the place where the meeting is being held, a police officer or any person authorised for the purpose by the Council, Committee or person presiding, may, by using only such force as is necessary remove the first mentioned person from that place and, if necessary, restrain that person from re-entering that place.

Reg 271

DRAFT



13.13 Committees to keep minutes

(1) Each Committee of a Council must ensure that full and accurate minutes of the proceedings of its meetings are kept. In particular, a Committee must ensure that the following matters are recorded in the Committee’s minutes –

(a) details of each motion moved at a meeting and of any amendments moved to it;

(b) the names of the mover and seconder of the motion or amendment;

(c) whether the motion or amendment is passed or lost;Reg 266

(d) the names of the Councillors who supported the motion and those who opposed (or are taken to have opposed) the motion.

Council Protocol

(2) As soon as the minutes of an earlier meeting of a Committee of the Council have been confirmed at a later meeting of the Committee, the person presiding at the later meeting must sign the minutes of the earlier meeting.

Reg 266

(3) There is nothing to stop a Council from considering and adopting the recommendations of a Committee before the Committee’s minutes are confirmed.


PART 14 – MINUTES AND ACCESS TO INFORMATION

14.1 Minutes of Council meetings

(1) The Council must ensure that full and accurate minutes are kept of the proceedings of a meeting of the Council.

(2) The minutes must, when they have been confirmed at a subsequent meeting of the Council (being the next ordinary meeting of the Council), be signed by the person presiding at that subsequent meeting.

LGA Sec 375

14.2 Matters to be included in the minutes of Council meetings

The General Manager must ensure that the following matters are recorded in the Council’s minutes:

(a) details of each motion moved at a Council meeting and of any amendments moved to it.

(b) the names of the mover and the seconder of each motion or amendment,

(c) whether the motion or amendment is passed or lost.Reg 254 (a)-(c)

(d) the circumstances and reasons relating to the absence of a quorum together with the names of the councillors present.

Reg 233 (3)

(e) the dissenting vote of a councillor, if requested. Reg 251 (2)

(f) the names of the councillors who supported the motion and those who opposed (or are taken to have opposed) the motion.

Council Protocol and Reg 251 (4)

(g) the grounds for closing part of a meeting to the public.LGA Sec10D

(h) the report of a Council committee leading to a rescission or alteration motion.LGA Sec 372 (6)

(i) the disclosure to a meeting by a councillor of a pecuniary interest.LGA Sec 453

(j) a report of the proceedings of the committee of the whole, including any recommendations of the committee.

Reg 259 (3)

DRAFT



(k) sufficient detail to indicate the nature of any resolution made in a closed part of a meetingDLG Prac Note 16/2009 – Pg 45

14.3 Recording of Council and Committee meetings

(1) A person may record the proceedings of a meeting of the Council or a Committee of the Council only with the authority of the Council or Committee.

(2) A person may, as provided by Clause 2.7 (2) of this Code, be expelled from a meeting of a Council or a Committee of a Council by the Chairperson for using or having used a tape recorder in contravention of this Clause.

(3) If any such person, after being notified of a resolution or direction expelling him or her from the meeting, fails to leave the place where the meeting is being held, a police officer or any person authorised for the purpose by the Council or person presiding, may, by using only such force as is necessary, remove the first-mentioned person from that place and if necessary restrain that person from re-entering that place.

(4) In this Clause, recording includes audio or visual recording. Reg 273

(5) Digital audio recordings of Council and Committee meetings may be made by Council staff for the purpose of:

(a) assisting in the preparation of minutes, and

(b) verifying the accuracy of minutes prior to their confirmation.

(6) Audio recordings will be stored until the minutes from the meeting to which they relate have been confirmed by Council as required by State Records General Authority 39 (GA39).

(7) Access to the audio recordings will only be provided for the purpose of:

(a) preparing and verifying the accuracy of the minutes of meetings, and

(b) complying with court orders, warrants, subpoenas or legislation where the recordings are still in existence.

Council Protocol

14.4 Inspection of the minutes of a Council or Committee meeting

(1) An inspection of the minutes of a Council or Committee of a Council is to be carried out under the supervision of the General Manager or an employee of the Council designated by the General Manager to supervise inspections of those minutes.

(2) The General Manager must ensure that the minutes of the Council and any minutes of a Committee of the Council are kept secure and in safe custody and that no unauthorised person is allowed to interfere with them.

Reg 272

Note – The Government Information (Public Access) Act 2009 confers a right (restricted in the case of closed parts of meetings) to inspect the minutes of a meeting of Council or Committee of a Council.The Minutes of a meeting of Council or a Committee of Council (in which all members are Councillors) will be made available on Council’s website at www.wollongong.nsw.gov.au as soon as practicable.

14.5 Disclosure and misuse of information

(1) A person must not disclose any information obtained in connection with the administration or execution of the Local Government Act unless that disclosure is made:

(a) with the consent of the person from whom the information was obtained; or

(b) in connection with the administration or execution of the Local Government Act; or

(c) for the purposes of any legal proceedings arising out of the Local Government Act or of any report of any such proceedings; or

(d) in accordance with a requirement imposed under the Ombudsman Act, 1974 or the Government Information (Public Access) Act 2009, or

(e) with other lawful excuse.

DRAFT



LGA Sec 664

(2) In particular, if part of a meeting of a Council or a Committee of a Council is closed to the public in accordance with Part 10 of this Code, a person must not, without the authority of the Council or the Committee, disclose (otherwise than to the Council or a Councillor of the Council) information with respect to the discussion at, or the business of, the meeting except where:

(a) the report is a report of a Committee of Council which has been presented to the Council; or

(b) any agenda, resolution or recommendation of a meeting that a person is entitled to inspect in accordance with Government Information (Public Access) Act 2009; or

LGA Sec 664

(c) disclosure is made in circumstances prescribed by the Regulations. This includes any disclosure made with the intention of enabling the Minister or the Director-General to properly exercise the functions conferred or imposed on them by or under the Act.

Reg 412

(3) A person acting in the administration or execution of the Local Government Act must not use, either directly or indirectly, information acquired by the person in that capacity, being information that is not generally known, for the purpose of gaining either directly or indirectly a financial advantage for the person, the person’s spouse or de facto partner or a relative of the person.

(4) A person acting in the administration or execution of the Local Government Act, and being in a position to do so, must not, for the purpose of gaining either directly or indirectly an advantage for the person, the person’s spouse or de facto partner or a relative of the person, influence:

(a) the determination of an application for an approval; or

(b) the giving of an order.LGA Sec 664

PART 15 – CUSTODY AND USE OF COUNCIL SEAL

(1) The seal of Council must be kept by the Lord Mayor or the General Manager, as the Council determines.

(2) The seal of a Council may be affixed to a document only in the presence of:(a) the Lord Mayor and the General Manager; or

(b) at least 1 Councillor (other than the Lord Mayor) and the General Manager, or

(c) the Lord Mayor and at least 1 other Councillor, or

(d) at least 2 Councillors other than the Lord Mayor.

(3) The affixing of a Council seal to a document has no effect unless the persons who were present when the seal was affixed (being persons referred to in Subclause 2) attest by their signatures that the seal was affixed in their presence.

(4) The seal of a Council must not be affixed to a document unless -(a) the document relates to the business of Council, and(b) Council has resolved (by resolution specifically referring to the document) that the seal be so affixed.

(5) A document which is in the nature of a reference or certificate of service for an employee of the Council is a document which does not relate to the business of Council and is not entitled to have the seal of a Council affixed.

Reg 400

DRAFT



SUMMARY SHEET

Responsible Division Governance and Information

Date adopted by Council 28 October 2013

Date of previous adoptions 28 May 2012; 26 July 2011; 25 March 2008; 26 June 2006;9 May 2006; 27 October 2003; 25 February 2002;17 April 2000; 1 September 1999; 28 September 1998;14 April 1998; 9 February 1998.

Date of next review 28 October 2016

Prepared by Corporate Support Services Manager

Authorised by Manager Governance and Information

DRAFT

Development Applications approved with Variations to Development Standards for the quarterly period between 1 July 2013 and 30 September 2013 (Reporting applications with a decision of ‘Approved’/‘Deferred Commencement’)

Application DA-2006/1525/C

Lot Pt Lot B DP 367260 Zone R1 General Residential

Address 68 Cliff Road, WOLLONGONG NSW 2500

Description Section 96 Modification - Demolition of building and construction of six storey residential flat building comprising five units. Modification C involves the reduction in the number of units to 3, internal rearrangement of floor plan, changes to elevations, deletion of one storey and deletion of 3 car parking spaces

Decision Approved Decision Date 05-Aug-2013

Variations Planning Instrument WLEP 2009 Clause c4.3(2) Height of buildings

Justification of variation Building Height

Exception to development standard under Clause 4.3 Building Height. Maximum building height permitted is 16m and proposed building height is 17.24m. The proposed building height is lower than the previously approved maximum building height of 18.77m by 1.49m and has a lesser impact than the existing approval.

Minimum Site Width

Exception to development standard under Clause 7.14 Minimum Site Width. Minimum site width required for residential flat buildings is 24m, and existing site width is 15.392m. Site is an isolated lot and unable to be amalgamated to achieve the 24 metre site width requirement. This is an amendment to the previous approved residential flat building on the site. The Director General of the NSW Department of Planning and Infrastructure granted his concurrence on 29 May 2013.

The application was referred to IHAP on 12 June 2013. All Panel members concurred with the Council’s Officers recommendations.

Extent of variation Building height

7.5% variation

Minimum site width

36% variation

Concurring Authority Director General of the Department of Planning and Infrastructure

Application DA-2002/953/A

Lot A DP 155025 Zone B6 Enterprise Corridor

Address 11 West Street, WOLLONGONG NSW 2500

Description Section 96 Modification - Alterations And Additions and Use as Office. Modification A involves modifications to the internal layout of the office building by way of additional floor space.

Decision Approved Decision Date 30-Aug-2013

Variations Planning Instrument WLEP 2009 Clause c4.4(2) Floor space ratio

Justification of variation The additional floor space being added is located wholly within theexisting building and is linked to the modification of warehouse space.There is no additional bulk or scale impact. Traffic impact considered satisfactory.

The Director General of the NSW Department of Planning and Infrastructure granted his concurrence on 1 August 2013.

The application was referred to IHAP on 20 August 2013. All Panel members concurred with the Council’s Officers recommendations.

Extent of variation Variation from 0.5:1 FSR to 0.9:1 FSR

Concurring Authority Director General of the Department of Planning and Infrastructure

Catchment Plan – Brooks Creek

MULTICULTURAL PLANNING FRAMEWORK

Multicultural Policies and Services Program

COMMUNITYRELATIONSCOMMISSIONFor a multicultural NSW

NSW GOVERNMENT

The Act applies to New South Wales Government Departments, Statutory Authorities, state-owned corporations, local councils and other official bodies.

The Community Relations Commission administers the Multicultural Policies and Services (formerly Ethnic Affairs Priorities Statement or EAPS) Program as the vehicle for assisting and assessing the effectiveness of public authorities in their implementation of the Principles. Under the Multicultural Policies and Services Program, all New South Wales Government agencies must report what actions they are taking to enhance and promote multiculturalism within their sphere of business.

In addition, a number of government agencies are designated by the Minister for Citizenship as key gencies. They are selected because of their important role in providing essential services to the New South Wales community, or because of their important role in delivering the Government’s key policies.

The Multicultural Planning Framework can be used by agencies as a tool for integrating multicultural initiatives into their planning cycle, as it provides a model for consistency and good practice in multicultural policy development and service provision.

In promoting and upholding the Principles of Multiculturalism within an agency, its Chief Executive Officer should:

• Provide leadership, ensuring that the Principles are integral to the core business of the agency

• With senior managers, oversee the implementation of the Principles, according to the agency’s multicultural plan

• Ensure the agency continues to progress and develop good practice, guided by the Multicultural Planning Framework

• Report on the implementation of the agency’s multicultural plan through the Annual Report, and to the Community Relations Commission as required.

The Community Relations Commission and Principles of Multiculturalism Act 2000 enshrines the Principles of Multiculturalism as the policy of the State of New South Wales, and commits the Chief Executive Officer of each public agency to implement those principles.

The four Principles are:

All individuals in New South Wales should have the greatest possible opportunity to contribute to and participate in, all aspects of public life in which they may legally participate

All individuals and institutions should respect and make provision for the culture, language and religion of others within an Australian legal and institutional framework where English is the common language

All individuals should have the greatest possible opportunity to make use of and participate in relevant activities and programs provided or administered by the Government of New South Wales

All institutions of New South Wales should recognise the linguistic and cultural assets in the population of New South Wales as a valuable resource and promote this resource to maximise the development of the State.(s.3 1 (a)-(d) Community Relations Commission and Principles of Multiculturalism Act 2000)

Using the Multicultural Planning Framework

The Multicultural Planning Framework has been developed as a tool to assist all NSW public sector agencies to plan for and demonstrate their achievements with respect to the Principles of Multiculturalism. The tool uses a progressive structure which encourages continuous performance improvement, regardless of the size of the agency.

Seven broad outcomes have been identified under three activity areas. They are:

PLANNING AND EVALUATION

Multicultural policy goals are integrated into the overall corporate and business planning, as well as the review mechanisms of the agency.

Policy development and service delivery is informed by agency expertise and by client feedback and complaints, and participation on advisory boards, significant committees and consultations.

CAPACITY BUILDING AND RESOURCING

CEOs and senior managers actively promote and are accountable for the implementation of the Principles of Multiculturalism within the agency and the wider community.

The capacity of the agency is enhanced by the employment and training of people with linguistic and cultural expertise.

Outcome 1: Planning

Outcome 2: Consultation and feedback

Outcome 3: Leadership

Outcome 4: Human resources

PROGRAMS AND SERVICES

Barriers to the accessibility of services for people from culturally, linguistically and religiously diverse backgrounds are identified, and programs and services are developed to address them.

A range of communication formats and channels are used to inform people from culturally, linguistically and religiously diverse backgrounds about agency programs, services and activities.

Programs and activities are in place to develop and use the skills of a culturally diverse population, for the social and economic benefit of the State.

For each outcome, there are one or more criteria streams which describe more specifically the ways in which that outcome may be achieved. The title of the criteria stream describes the types of activity which should be considered, according to three ranges of performance. Range 1 represents the fundamental issues an agency should address, and would apply generally to agencies with limited services to the public. Ranges 2 and 3 represent increasingly higher achievements, and would generally apply to agencies delivering programs and services, and/or to those having more complex relationships with government and/or the public. The ranges build upon one another, so that an agency can demonstrate progression within and across ranges.

Each agency is encouraged to use the criteria to develop their own performance indicators which reflect the nature of the agency’s business, and align with the agency’s corporate planning. It is expected that an agency may perform at a different range for different criteria streams. Similarly, within each range there will be scope for an agency to develop and improve against its own performance indicators.

Designated key agencies are required to submit their Multicultural Policies and Services Plan, and demonstrate accountability against that plan, to the Community Relations Commission on a regular schedule.

Agencies not designated as key agencies may use the framework as a tool to identify criteria relevant to their business, to structure their multicultural planning and implementation, and to guide the agency in improving their performance.

Local councils may refer to Implementing the Principles of Multiculturalism Locally: a planning framework for councils.

Outcome 5: Access and equity

Outcome 6: Communication

Outcome 7:Social and economic development

Criteria Stream

Range 3

A.3.1 The agency has a multicultural plan that provides a comprehensive approach, including performance indicators for all relevant programs, business units and non-metropolitan areas.

A.3.2 Business planning at all levels forecasts emerging issues, and commits resources to pursue the objectives identified in the agency’s multicultural plan.

A.3.3 The agency has a comprehensive analysis and review process which is informed by the evaluation of performance, complaints, client feedback and research data, and includes a range of stakeholder staff at different levels of the agency and, where applicable, in the funded sector.

A.3.4 Research undertaken includes service models, best practice and innovation in meeting the needs of diverse client groups.

A.3.5 Agency collects and compares the views and expressed needs of clients across locations and service/program types, and reviews planning and resourcing accordingly. A.3.6 Mechanisms for incorporating the advice of persons with cultural diversity expertise, whether internal or external to the agency, are integrated into policy development and service planning at all levels.

ACTIVITY AREA ‘A’: PLANNING AND EVALUATION

Pla

nnin

g an

dpe

rform

ance

mea

sure

men

t

Inte

grat

ion

with

co

rpor

ate

plan

ning

Use

of d

ata

and

anal

ysis

Sta

ff ex

perti

sean

d re

sear

ch

Clie

nt a

nd

com

mun

ity

feed

back

Par

ticip

atio

n on

ad

viso

ry b

odie

s

Range 1

A.1.1 The agency has a Multicultural Policies and Services Plan (multicultural plan) with performance measures.

A.1.2 The agency’s corporate plan recognizes the agency operates in a culturally diverse environment.

A.1.3 Analysis, planning, program development and monitoring are informed by client data from relevant program areas and business units, Australian Bureau of Statistics, and other data sources.

A.1.4 Staff expertise at different levels of the agency is drawn on during development and evaluation of implementation of the multicultural plan.

A.1.5 The agency has mechanisms in place to incorporate the views of multicultural client groups, the community and expert advice in planning and program development.

A.1.6 The agency has some representation on its advisory bodies from community and/or government members with experience in cultural diversity matters.

Staff with experience of cultural diversity issues represent the agency on advisory bodies and interagency forums.

Range 2

A.2.1 The agency has a multicultural plan that also includes mechanisms to assess progress against the previous plan, and identifies indicators for improved performance in priority program and business unit areas.

A.2.2 Corporate priorities, as they relate to cultural and linguistic diversity, are reflected in business and other strategic planning and evaluation mechanisms across the agency.

A.2.3 Data is collected and analysed across the agency, and informs planning and monitoring functions across program areas, business units, regions and funded agencies.

A.2.4 The needs of particular client groups, in metropolitan and non-metropolitan areas, are addressed through research and analysis.

A.2.5 Issues identified through community consultation and client feedback and complaints mechanisms are addressed in forward planning and evaluation activities across the agency.

A.2.6 The agency seeks representation from persons with cultural diversity expertise from community and government, on its boards, multicultural advisory bodies and other forums.

Senior officers responsible for multicultural policy implementation represent the agency on advisory and decision-making bodies.

A

A

OUTCOME

OUTCOME 1: Planning Multicultural policy goals are integrated into the overall corporate and business planning, as well as the review mechanisms of the agency.

OUTCOME 2: Consultation and feedback Policy development and service delivery is informed by agency expertise and by client feedback and complaints, and participation on advisory boards, significant committees and consultations.

MULTICULTURAL PLANNING FRAMEWORK

Range 1

B.1.1 The CEO and senior management express support for the Principles of Multiculturalism and the agency’s multicultural objectives.

B.1.2 A Multicultural Coordinator is appointed from senior management.

B.1.3 Agency identifies the linguistic and intercultural work skills needed of staff in client contact positions, to ensure that business requirements are serviced by appropriate human resourcing.

B.1.4 The agency makes use of the Community Language Allowance Scheme (CLAS), and monitors its implementation.

B.1.5 Staff in public contact positions receive training and support relating to working in a culturally diverse environment.

Staff in multicultural positions are supported to develop their multilingual and/or intercultural skills.

Range 2

B.2.1 The CEO and senior management demonstrate commitment to the agency’s multicultural objectives through actions highlighting cultural diversity matters.

B.2.2 Key managers across the agency have clear accountabilities for implementation of the agency’s multicultural plan.

B.2.3 The agency’s staffing profile includes positions requiring language and/or multicultural expertise as an essential employment criteria in client service, policy and management areas, as appropriate to the business environment.

B.2.4 Staff with relevant skills for communicating and working with ethnic communities are identified at different levels of the agency, and strategies are developed to supervise and support their performance.

B.2.5 Staff in public contact, policy and management positions, including regional staff, are trained to work in a culturally diverse environment and in implementation of the multicultural plan.

Staff in multicultural positions receive training tailored to their professional needs and support structures for these staff are in place.

Range 3

B.3.1 The CEO and senior managers use a range of communications, planning and corporate activities to reinforce the agency’s multicultural objectives.

B.3.2 Responsibility for multicultural plan development and implementation is embedded in agency business plans, and in the performance agreements of key senior managers.

B.3.3 Staffing profile, recruitment and professional development strategies are based on research and strategic planning aimed at enhancing the cultural competence of the agency in meeting client needs and carrying out its functions.

B.3.4 Measures have been taken to assess, apply and upgrade the skills within the staffing profile according to identified client needs and the strategic direction of the agency, including targeted skills development training and work placement.

B.3.5 Staff and senior management with responsibility under the multicultural plan are instructed in cultural diversity management issues and expected outcomes.

Professional development is provided and career pathways developed for staff in multicultural positions.

ACTIVITY AREA ‘B’: CAPACITY BUILDING AND RESOURCING

Act

ive

invo

lvem

ent

of s

enio

r m

anag

emen

t

Sta

ffing

re

flect

sbu

sine

ss

need

s

Cul

tura

l and

lin

guis

tic

com

pete

nce

Sta

ff de

velo

pmen

t an

d su

ppor

t

B

BOUTCOME

OUTCOME 3: Leadership CEOs and senior managers actively promote and are accountable for the implementation of the Principles of Multiculturalism within the agency and wider community.

OUTCOME 4: Human resources The capacity of the agency is enhanced by the employment and training of people with linguistic and cultural expertise.

Criteria Stream

Acc

ount

abili

ty

of s

enio

r m

anag

emen

t

CCC

OUTCOME

OUTCOME 5: Access and equityBarriers to the accessibility of services for people from culturally, linguistically and religiously diverse backgrounds are identified, and programs and services are developed to address them.

OUTCOME 6: CommunicationA range of communication formats and channels are used to inform people from culturally and linguistically diverse backgrounds about agency programs, services and activities.

OUTCOME 7: Social and economic developmentPrograms and services are in place to develop and use the skills of a culturally diverse population for the social and economic benefit of the State.

ACTIVITY AREA ‘C’: PROGRAMS AND SERVICES

Res

pons

ive

mai

nstre

am a

nd

targ

eted

pr

ogra

mm

ing

Inte

rpre

ter

serv

ice

use

Acc

ount

abili

ty

of fu

nded

se

rvic

es

Pla

nned

co

mm

unic

atio

n

Em

ergi

ng

tech

nolo

gy

use

Bui

ldin

g po

tent

ial

thro

ugh

partn

ersh

ips

Criteria Stream

Range 3

C.3.1 Cross-agency collaboration on policy and programs improves responsiveness of the public sector to the complex needs of culturally and linguistically diverse groups.

C.3.2 Agency has developed strategies to enhance interpreter provision, including in regional and rural areas, and can identify occasions of interpreter use, by language and area.

C.3.3 Agency conducts systematic evaluation of the performance and outcomes of contracted-out and funded services for culturally diverse client groups, including those with additional or complex needs.

C.3.4 Mainstream communication strategies include targeted components which involve research, development, placement in the most appropriate communication channels, identification of budget allocation, and evaluation for culturally diverse clients.

C.3.5 Advanced and emerging technologies are harnessed by the agency for application to its interactive and proactive communication processes, in providing innovative program and service delivery to people from culturally and linguistically diverse backgrounds.

C.3.6 The agency develops strategic community partnerships and program models to assist persons from culturally and linguistically diverse backgrounds to contribute to the multicultural objectives of the agency and the State.

C.2.3 Agency selection processes for funded and contracted-out services include criteria on cultural and linguistic diversity and provision of language services. Contracted-out and funded services are required to develop indicators relating to cultural diversity performance.

Range 2

C.2.1 Identified needs of client groups are addressed through both mainstream and targeted services and programs.

Participation strategies improve outcomes for people in regional and rural areas, and other groups with additional needs, such as new arrivals and refugees.

C.2.2 Agency has a budget for interpreter services and interpreter use is monitored and reviewed across the agency and, where relevant, its funded services.

C.2.4 A planned approach is taken to targeting linguistically and culturally diverse groups for information, community education and marketing campaigns, using a range of communication channels.

C.2.5 A range of telecommunication and video-link technologies are utilised to assist with interpreted verbal interaction, and information is disseminated in targeted languages through multi-media and web-based programs.

C.2.6 The agency develops programs and services, in cooperation with diverse groups, designed to encourage people from culturally and linguistically diverse backgrounds to participate in the social and economic spheres.

Range 1

C.1.1 Mainstream programs, services and activities include strategies to ensure they are culturally sensitive and inclusive of people from diverse language, cultural and religious backgrounds.

C.1.2 Agency provides guidelines on use of interpreters to all staff, and uses the services of accredited interpreters onsite, or by telephone as appropriate.

C.1.3 Contracted-out and funded services have accountability measures which aim to ensure the participation and inclusion of people from diverse cultural and linguistic backgrounds.

C.1.4 Translated written, and audio/visual materials are available in priority community languages, as identified through client data.

C.1.5 Agency utilises telephonic and/or video-conferencing facilities for interpreting, and static website links in targeted community languages to provide information and access to services.

C.1.6 The agency develops initiatives to raise awareness of, and celebrate the contribution of people from diverse cultural and linguistic backgrounds.

Original Current YTD YTDBudget Budget Budget Actual$'000 $'000 $'000 $'000

EXPENSES FROM ORDINARY ACTIVITIES

Employee Costs 103,788 104,415 44,473 45,060

Borrowing Costs 3,935 4,057 1,689 1,621

Materials, Contracts & Other Expenses 89,028 88,235 37,554 32,306

Depreciation, Amortisation + Impairment 61,972 61,974 25,978 26,990

Internal Charges (11,951) (12,049) (5,033) (5,027)

Savings Target (3,190) (1,659) (708) 0

Total Expenses from Ordinary Activities 243,581 244,973 103,954 100,948

REVENUES FROM ORDINARY ACTIVITIES

Rates and Annual Charges 155,608 155,608 64,801 64,956

User Charges and Fees 30,723 31,268 13,007 13,411

Interest and Investment Revenues 4,891 4,964 2,068 2,623

Other Revenues 8,567 8,613 3,776 3,925

Grants and Contributions - Operating 19,267 19,117 7,445 7,904

Profit/Loss on Disposal of Assets 0 (1,857) (1,817) (2,610)

Revenues [pre capital] 219,056 217,713 89,280 90,210

Operating Result [Pre capital] (24,525) (27,260) (14,673) (10,738)

Capital Grants & Contributions 20,167 19,482 8,113 9,918

OPERATING RESULT (4,357) (7,778) (6,560) (820)

Surplus (Deficit) [pre capital] (4,357) (7,778) (6,560) (820)

Add back :

- Non-cash expenses 79,187 80,899 35,184 36,847

- Restricted cash used for operations 8,601 9,376 3,924 3,469

- Income transferred to Restricted Cash (39,986) (39,007) (16,214) (18,474)

- Payment of Accrued Leave Entitlements (9,841) (9,841) (4,100) (4,089)

- Payment of Carbon Contributions (221) (221) (92) 0

Funds Available from Operations 33,381 33,427 12,142 16,933

Advances made by / (repaid to) Council (135) (135) (62) 5

Borrowings repaid (4,329) (4,505) (416) (835)

Operational Funds Available for Capital 28,918 28,788 11,664 16,103

Capital Works (73,401) (79,549) (23,887) (24,757)

Transfer to Restricted Cash (3,600) (7,905) 0 0

Contributed Assets 0 0 0 0Funded From :- - Operational Funds 28,918 28,788 11,664 16,103

- Sale of Assets 5,637 5,637 370 355

- Internally Restricted Cash 10,532 11,217 900 1,471 - Borrowings 0 4,305 0 0

- Capital Grants 8,364 13,236 6,423 6,859

- Developer Contributions (Section 94) 6,662 6,819 1,966 801

- Other Externally Restricted Cash 5,328 5,675 1,745 3,067

- Other Capital Contributions 300 546 419 596

TOTAL FUNDS SURPLUS / (DEFICIT) (11,261) (11,231) (401) 4,494

CAPITAL BUDGET

WOLLONGONG CITY COUNCIL1 July 2013 to 29 November 2013

INCOME & EXPENSE STATEMENT

FUNDING STATEMENT

YTD Expenditure

Asset Class:Roads And Related Assets

Traffic Facilities 1,185 (391) 187 60 (38)Public Transport Facilities 400 (225) 70 0 0Roadworks 7,136 (1,275) 2,848 352 (2)Bridges, Boardwalks and Jetties 2,040 (410) 136 (350) 0

Total Roads And Related Assets 10,761 (2,301) 3,241 62 (40)

Asset Class:West Dapto

West Dapto Infrastructure Expansion 10,846 (8,586) 5,429 275 (1,075)

Total West Dapto 10,846 (8,586) 5,429 275 (1,075)

Asset Class:Footpaths And Cycleways

Footpaths 3,971 (2,700) 1,795 163 (33)Cycle/Shared Paths 3,503 (2,072) 882 220 (170)Commercial Centre Updages - Footpaths 11,175 (3,720) 5,732 0 0

Total Footpaths And Cycleways 18,649 (8,492) 8,408 383 (203)

Asset Class:Carparks

Carpark Construction/Formalising 849 (352) 688 16 (16)Carpark Reconstruction or Upgrading 486 0 57 320 0

Total Carparks 1,335 (352) 745 336 (16)

Asset Class:Stormwater And Floodplain Management

Floodplain Management 1,010 (280) 138 0 0Stormwater Management 1,456 (834) 302 0 0Stormwater Treatment Devices 400 (400) 28 (27) 27

Total Stormwater And Floodplain Ma 2,866 (1,514) 468 (27) 27

Asset Class:Buildings

Cultural Centres (IPAC, Gallery, Townhall 900 0 359 53 0Administration Buildings 1,443 (40) 190 (65) 0Community Buildings 4,608 (869) 1,438 152 (300)Public Facilities (Shelters, Toilets etc) 1,270 0 510 0 0

Total Buildings 8,220 (909) 2,498 140 (300)

Asset Class:Commercial Operations

Tourist Park - Upgrades and Renewal 650 0 319 0 0Crematorium/Cemetery - Upgrades and R 150 0 11 0 0Leisure Centres & RVGC 174 0 0 0 0

Total Commercial Operations 974 0 330 0 0

Asset Class:Parks Gardens And Sportfields

Play Facilities 1,155 (755) 35 114 (114)Recreation Facilities 456 (30) 108 0 0Sporting Facilities 849 (714) 81 0 0Lake Illawarra Foreshore 200 0 14 0 0

Total Parks Gardens And Sportfields 2,660 (1,499) 239 114 (114)

Asset Class:Beaches And Pools

Beach Facilities 748 (25) 73 0 0Rock/Tidal Pools 450 0 2 0 0Treated Water Pools 575 0 94 0 0

Total Beaches And Pools 1,773 (25) 169 0 0

Expenditure Other Funding

Program Expenditure Other Funding

Current Budget Variation

CAPITAL PROJECT REPORTas at the period ended 29th November 2013

$'000 $'000

Asset Class:Natural Areas

Environmental Management Program 200 (100) 200 (100) 42 0 0Natural Area Management and Rehabi 170 (70) 170 (70) 0 0 0

Total Natural Areas 370 (170) 370 (170) 42 0 0

Asset Class:Waste Facilities

Whytes Gully New Cells 8,900 (8,900) 8,900 (8,900) 1,208 (400) 400Whytes Gully Renewal Works 200 (200) 200 (200) 97 0 0Helensburgh Rehabilitation 1,250 (1,250) 1,250 (1,250) 9 (1,050) 1,050

Total Waste Facilities 10,350 (10,350) 10,350 (10,350) 1,314 (1,450) 1,450

Asset Class:Fleet

Motor Vehicles 2,503 (1,657) 2,503 (1,657) 204 0 0

Total Fleet 2,503 (1,657) 2,503 (1,657) 204 0 0

Asset Class:Plant And Equipment

Portable Equipment (Mowers etc) 300 (380) 300 (380) 54 0 0Mobile Plant (trucks, backhoes etc) 1,160 0 1,160 0 0 0 0Fixed Equipment 250 0 250 0 17 0 0

Total Plant And Equipment 1,710 (380) 1,710 (380) 70 0 0

Asset Class:Information Technology

Information Technology 950 0 950 0 154 0 0

Total Information Technology 950 0 950 0 154 0 0

Asset Class:Library Books

Library Books 1,265 (35) 1,265 (35) 518 0 0

Total Library Books 1,265 (35) 1,265 (35) 518 0 0

Asset Class:Public Art

Public Art Works 200 0 200 0 10 0 0Art Gallery Acquisitions 100 0 100 0 0 0 0

Total Public Art 300 0 300 0 10 0 0

Asset Class:Emergency Services

Emergency Services Plant and Equipme 230 0 230 0 13 0 0

Total Emergency Services 230 0 230 0 13 0 0

Asset Class:Land Acquisitions

Land Acquisitions 2,110 0 2,110 0 896 700 0

Total Land Acquisitions 2,110 0 2,110 0 896 700 0

Asset Class:Non-Project Allocations

Capital Project Contingency 768 (400) 768 (400) 0 (162) 300Capital Project Plan 910 (100) 910 (100) 7 (400) 0

Total Non-Project Allocations 1,678 (500) 1,678 (500) 7 (562) 300

Asset Class:Loans

West Dapto Loan 0 (2,760) 0 (2,760) 0 0 0LIRS Loan 0 (4,305) 0 (4,305) 0 0 0

Total Loans 0 (7,065) 0 (7,065) 0 0 0

GRAND TOTAL 79,549 (43,835) 79,549 (43,835) 24,757 (29) 29

Manager Infrastructure Strategy and Planning

Commentary on November Capital Budget Report

As at 29 November 2013, year to date expenditure was $24.8M compared to the forecast expenditure of $23.9M - of the approved capital budget of $79.5M.

The following table summerises the proposed changes to the total Capital budget by redistributing funds between programs and introducing new funding. These result in a net decrease $0.029M to $79.52M.

Asset Class - Program Major Points of change to Capital Budget

Traffic Facilities Introduction of funds from Sect 94, Capital Budget Contingency and project specific external funding

Road works Allocate $336K of council revenue funds from West Dapto

Bridges, Boardwalks & Jetties

Transfer $300 of Council revenue funds to Land AcquisitionsTransfer $50K to Cordeaux Rd New Shareway Project

West Dapto Introduce $1.075M of Loans funding and transfer $800K of Council revenue funds to:- Roadworks $336K- Footpaths $130K- Car Park Reconstructions $320K

Footpaths Allocate $130K of Council revenue funds West Dapto Introduce $33K of Sect 94 funds

Cycle/Shared Path Introduce $170K grant funding plus transfer $50K council revenue funds from Bridges, Walkways & Jetties program for new funded project -Cordeaux Rd Cycle/shared Path.

Car Park Reconstruction or Upgrading

Allocate $320K of council revenue funds from West Dapto.

Stormwater Treatment Devices

Remove $27K of stormwater levy funding

Cultural Centres (IPAC, Gallery, Town Hall)

Transfer $53K from Community Buildings Fire Safety Compliance Upgrades to IPAC for a fire safety upgrade project.

Administration Buildings Reduce Capital Budget by $160K to offset loan repayment costs associated with introduction of LIRS 2 loan funding.Transfer in $95K from Community Buildings Compliance for upgrade of Admin Building car Park safety compliance.

Community Buildings Transfer out $148K from Community Buildings Compliance Upgrades to Admin Building and Cultural Centres.Introduce $300K of LIRS 2 loan funding from capital budget contingency

Play Facilities Introduce $114K of external funds for construction of all abilities playground at Memorial Park, Corrimal

Whytes Gully New Cells Reduce budget by $400K in line with expenditure estimates – funds returned to waste levy reserve

Helensburgh Rehabilitation Reduce budget by $1050K in line with expenditure estimates – funds returned to waste levy reserve

Land Acquisitions Increase budget by $700K to allow for increases in rehabilitation costs.

Capital Project Contingency Transfer out $300K of LIRS 2 loans funds to relevant projectsTransfer in $160K from Admin Buildings asset renewal bulk to offset loan repayment costs associated with LIRS 2 Loan Funding.

Capital Project Plan Transfer out $400K to Land Acquisitions

Original Current YTD YTDBudget Budget Budget Actual$'000 $'000 $'000 $'000

EXPENSES FROM ORDINARY ACTIVITIES

Employee Costs 103,788 104,415 52,045 53,345

Borrowing Costs 3,935 4,057 2,015 1,962

Materials, Contracts & Other Expenses 89,028 88,127 42,917 38,832

Depreciation, Amortisation + Impairment 61,972 61,974 31,242 32,406

Internal Charges (11,951) (12,052) (5,976) (5,792)

Savings Target (3,190) (1,659) (738) 0

Total Expenses from Ordinary Activities 243,581 244,861 121,504 120,753

REVENUES FROM ORDINARY ACTIVITIES

Rates and Annual Charges 155,608 155,500 76,685 76,929

User Charges and Fees 30,723 31,268 15,430 15,907

Interest and Investment Revenues 4,891 4,964 2,470 2,923

Other Revenues 8,567 8,613 4,410 4,973

Grants and Contributions - Operating 19,267 19,117 9,732 10,064

Profit/Loss on Disposal of Assets 0 (1,857) (1,985) (2,415)

Revenues [pre capital] 219,056 217,605 106,742 108,382

Operating Result [Pre capital] (24,525) (27,256) (14,762) (12,371)

Capital Grants & Contributions 20,167 19,482 9,607 10,270

OPERATING RESULT (4,357) (7,775) (5,155) (2,100)

Surplus (Deficit) [pre capital] (4,357) (7,775) (5,155) (2,100)

Add back :

- Non-cash expenses 79,187 80,899 41,659 43,415

- Restricted cash used for operations 8,601 9,376 4,554 4,448

- Income transferred to Restricted Cash (39,986) (39,007) (19,214) (20,250)

- Payment of Accrued Leave Entitlements (9,841) (9,841) (4,854) (4,923)

- Payment of Carbon Contributions (221) (221) (109) 0

Funds Available from Operations 33,381 33,431 16,882 20,590

Advances made by / (repaid to) Council (135) (135) (74) 5

Borrowings repaid (4,329) (4,505) (3,601) (3,595)

Operational Funds Available for Capital 28,918 28,791 13,206 17,000

Capital Works (73,401) (79,520) (33,086) (31,899)

Transfer to Restricted Cash (3,600) (7,905) 0 0Funded From :- - Operational Funds 28,918 28,791 13,206 17,000

- Sale of Assets 5,637 5,637 498 355

- Internally Restricted Cash 10,532 9,767 2,539 3,592 - Borrowings 0 4,305 0 0

- Capital Grants 8,364 14,481 8,174 8,748

- Developer Contributions (Section 94) 6,662 6,875 2,519 1,000

- Other Externally Restricted Cash 5,328 5,648 2,165 2,830

- Other Capital Contributions 300 693 476 681

TOTAL FUNDS SURPLUS / (DEFICIT) (11,261) (11,228) (3,509) 2,307

CAPITAL BUDGET

WOLLONGONG CITY COUNCIL1 July 2013 to 27 December 2013

INCOME & EXPENSE STATEMENT

FUNDING STATEMENT

YTD Expenditure

Asset Class:Roads And Related Assets

Traffic Facilities 1,245 (429) 191 0 0Public Transport Facilities 400 (225) 98 0 0Roadworks 7,488 (1,277) 3,626 237 (37)Bridges, Boardwalks and Jetties 1,690 (410) 167 0 0

Total Roads And Related Assets 10,823 (2,341) 4,081 237 (37)

Asset Class:West Dapto

West Dapto Infrastructure Expansion 11,121 (9,661) 6,435 0 0

Total West Dapto 11,121 (9,661) 6,435 0 0

Asset Class:Footpaths And Cycleways

Footpaths 4,134 (2,733) 1,962 (55) (45)Cycle/Shared Paths 3,723 (2,242) 1,005 300 (300)Commercial Centre Updages - Footpaths 11,175 (3,720) 6,217 0 0

Total Footpaths And Cycleways 19,032 (8,695) 9,184 245 (345)

Asset Class:Carparks

Carpark Construction/Formalising 865 (368) 738 125 (125)Carpark Reconstruction or Upgrading 806 0 100 0 0

Total Carparks 1,671 (368) 838 125 (125)

Asset Class:Stormwater And Floodplain Management

Floodplain Management 983 (280) 140 0 0Stormwater Management 1,456 (834) 526 0 0Stormwater Treatment Devices 400 (373) 46 0 0

Total Stormwater And Floodplain Ma 2,839 (1,487) 712 0 0

Asset Class:Buildings

Cultural Centres (IPAC, Gallery, Townhall 953 0 413 0 0Administration Buildings 1,378 (40) 281 0 0Community Buildings 4,760 (1,169) 1,781 105 (175)Public Facilities (Shelters, Toilets etc) 1,270 0 713 0 0

Total Buildings 8,361 (1,209) 3,188 105 (175)

Asset Class:Commercial Operations

Tourist Park - Upgrades and Renewal 650 0 358 0 0Crematorium/Cemetery - Upgrades and R 150 0 26 70 0Leisure Centres & RVGC 174 0 0 0 0

Total Commercial Operations 974 0 384 70 0

Asset Class:Parks Gardens And Sportfields

Play Facilities 1,269 (869) 41 0 0Recreation Facilities 456 (30) 123 8 (8)Sporting Facilities 849 (714) 119 50 (30)Lake Illawarra Foreshore 200 0 16 0 0

Total Parks Gardens And Sportfields 2,773 (1,612) 300 58 (38)

Asset Class:Beaches And Pools

Beach Facilities 748 (25) 94 0 0Rock/Tidal Pools 450 0 3 0 0Treated Water Pools 575 0 117 0 0

Total Beaches And Pools 1,773 (25) 214 0 0

Expenditure Other Funding

Program Expenditure Other Funding

Current Budget variation

CAPITAL PROJECT REPORTas at the period ended 27th December 2013

$'000 $'000

YTD Expenditure

Asset Class:Natural Areas

Environmental Management Program 200 (100) 49 0 0Natural Area Management and Rehabilitat 170 (70) 0 0 0

Total Natural Areas 370 (170) 49 0 0

Asset Class:Waste Facilities

Whytes Gully New Cells 8,500 (8,500) 3,223 (500) 500Whytes Gully Renewal Works 200 (200) 109 0 0Helensburgh Rehabilitation 200 (200) 44 0 0

Total Waste Facilities 8,900 (8,900) 3,376 (500) 500

Asset Class:Fleet

Motor Vehicles 2,503 (1,657) 623 (300) 0

Total Fleet 2,503 (1,657) 623 (300) 0

Asset Class:Plant And Equipment

Portable Equipment (Mowers etc) 300 (380) 54 0 0Mobile Plant (trucks, backhoes etc) 1,160 0 227 0 0Fixed Equipment 250 0 33 0 0

Total Plant And Equipment 1,710 (380) 314 0 0

Asset Class:Information Technology

Information Technology 950 0 230 0 0

Total Information Technology 950 0 230 0 0

Asset Class:Library Books

Library Books 1,265 (35) 601 0 0

Total Library Books 1,265 (35) 601 0 0

Asset Class:Public Art

Public Art Works 200 0 11 0 0Art Gallery Acquisitions 100 0 0 0 0

Total Public Art 300 0 11 0 0

Asset Class:Emergency Services

Emergency Services Plant and Equipment 230 0 13 (200) 0

Total Emergency Services 230 0 13 (200) 0

Asset Class:Land Acquisitions

Land Acquisitions 2,810 0 1,336 500 0

Total Land Acquisitions 2,810 0 1,336 500 0

Asset Class:Non-Project Allocations

Capital Project Contingency 606 (100) 0 (170) 70Capital Project Plan 510 (100) 11 0 0

Total Non-Project Allocations 1,116 (200) 11 (170) 70

Asset Class:Loans

West Dapto Loan 0 (2,760) 0 0 0LIRS Loan 0 (4,305) 0 0 0

Total Loans 0 (7,065) 0 0 0

GRAND TOTAL 79,520 (43,806) 31,899 169 (149)

variationProgram Expenditure Other

FundingExpenditure Other

Funding

$'000 $'000

Current Budget

CAPITAL PROJECT REPORTas at the period ended 27th December 2013

Manager Infrastructure Strategy and PlanningCommentary on December Capital Budget Report

As at 27 December 2013, year to date expenditure was $31.9M of the approved capital budget of $79.5M. This value is $1.2M behind the original forecast expenditure of $33.1M for this period.

The following table summarises the proposed changes to the total Capital budget by redistributing funds between programs and introducing new funding. These result in an increase of $0.2M to 79.7M.

Asset Class Major Points of change to Capital Budget

Roadworks Introduction of funding from Regional Roads Block Grant.Reallocation of funds from Footpaths-Retaining Walls.

Footpaths Introduction of Section 94 and LIRS funding.Reallocation of funds to Roadwork’s – Retaining Walls.

Cycle/Shared Path Introduction of Restart Illawarra funding to Grand Pacific Walk Stage 1 project.

Car Park Reconstruction or Upgrading

Introduction of income from Parking Reserve to fund Parking Meter upgrade.

Community Buildings Introduction of LIRS 2 funding and Office of Sport funding.Reallocation of funds from Buildings – New to Crematorium/Cemetery – Upgrades/Renewals

Crematorium/Cemetery –Upgrades and Renewals

Reallocation of funds from Buildings – New.

Recreation Facilities Introduction of Community Building Partnerships funding.

Sporting Facilities Introduction of Community Building Partnerships funding.Correction of funding error.

Waste Facilities Reduce budget in line with expenditure forecasts.

Motor Vehicles Reduce budget in line with capital savings projections. Reallocation of funds to Land Acquisitions.

Emergency Services Budget for asset replacement not required under new accounting treatment for these assets.Reallocation of funds to Land Acquisitions.

Land Acquisitions • Increase budget to allow for demolition & rehabilitation costs.

Capital Project Contingency Introduction of LIRS 2 funding.Reallocation of funds to Community Buildings.Reallocation of funds to Mt Keira Rd slope stabilisation project.

WOLLONGONG CITY COUNCILActual Actual

2013/14 2012/13$'000 $'000

as at 27/12/13 as at 30/06/13

CURRENT ASSETS

Cash Assets 109,987 99,502Investment Securities 7,498 7,294Receivables 19,450 20,482Inventories 8,908 8,941Other 2,743 885

Total Current Assets 148,586 137,104

NON-CURRENT ASSETS

Non Current Cash Assets 10,000 10,000Non-Current Receivables 4,836 4,839Property, Plant and Equipment 2,362,173 2,376,961Investment Properties 3,725 3,725Westpool Equity Contribution 984 984Intangible Assets 240 364

Total Non-Current Assets 2,381,957 2,396,872

TOTAL ASSETS 2,530,543 2,533,976

CURRENT LIABILITIES

Current Payables 29,155 23,201Current Provisions payable < 12 months 12,425 9,254Current Provisions payable > 12 months 32,612 33,713Current Interest Bearing Liabilities 3,332 3,332

Total Current Liabilities 77,523 69,500

NON-CURRENT LIABILITIES

Non Current Interest Bearing Liabilities 35,270 31,236Non Current Provisions 44,147 43,268

Total Non-Current Liabilities 79,417 74,503

TOTAL LIABILITIES 156,940 144,003

NET ASSETS 2,373,603 2,389,973

EQUITY

Accumulated Surplus 1,072,123 1,074,818Asset Revaluation Reserve 1,209,880 1,226,811Restricted Assets 91,600 88,344

TOTAL EQUITY 2,373,603 2,389,973

BALANCE SHEET

CASH FLOWS FROM OPERATING ACTIVITIESReceipts:Rates & Annual ChargesUser Charges & FeesInterest & Interest ReceivedGrants & ContributionsOtherPayments:Employee Benefits & On-costsMaterials & ContractsBorrowing CostsOther

Net Cash provided (or used in) Operating Activities

CASH FLOWS FROM INVESTING ACTIVITIESReceipts:Sale of Infrastructure, Property, Plant & EquipmentDeferred Debtors ReceiptsPayments:Purchase of Infrastructure, Property, Plant & EquipmentPurchase of Interests in Joint Ventures & Associates

Net Cash provided (or used in) Investing Activities

CASH FLOWS FROM FINANCING ACTIVITIESReceipts:

Proceeds from Borrowings & AdvancesPayments:Repayment of Borrowings & AdvancesRepayment of Finance Lease Liabilities

Net Cash Flow provided (used in) Financing Activities

Net Increase/(Decrease) in Cash & Cash Equivalents

plus: Cash & Cash Equivalents and Investments - beginning of year

Cash & Cash Equivalents and Investments - year to date

116,796 90,696

127,485 116,796

3,416 16,687

10,689 26,101

3,416 (3,173)- (140)

- 20,000

(33,996) (75,656)

(34,351) (77,298)- -

- 12355 1,630

(17,453) (34,188)

41,269 85,070

(48,089) (89,998)(27,519) (46,065)

(462) (571)

3,083 4,79319,051 66,4306,604 9,646

$ '000 $ '000

77,809 147,00928,245 28,014

WOLLONGONG CITY COUNCILCASH FLOW STATEMENT

as at 27 December 2013YTD Actual Actual

2013/14 2012/13

Investment Body Rating Purchase Price $ Fair Value of Holding $ Security Purchase Date Maturity Date Interest / Coupon Rate FYTD (Actual)

NAB Professional Maximiser A-1+ - 10,695,363 11am 29/11/2013 29/11/2013 3.00% -ING Australia A-1 4,000,000 4,000,000 T/Deposit 6/03/2013 6/12/2013 4.33% -Westpac A-1+ 5,000,000 5,000,000 T/Deposit 9/09/2013 9/12/2013 3.62% -NAB A-1+ 1,030,000 1,030,000 T/Deposit 20/03/2013 17/12/2013 4.44% -NAB A-1+ 3,000,000 3,000,000 T/Deposit 13/06/2013 13/01/2014 4.18% -St George AA- 2,000,000 2,000,000 T/Deposit 26/09/2013 28/01/2014 3.39% -ANZ A-1+ 2,000,000 2,000,000 T/Deposit 29/08/2013 28/02/2014 3.75% -Members Equity Bank A-2 2,500,000 2,500,000 T/Deposit 30/05/2013 28/02/2014 4.25% -Members Equity Bank A-2 3,000,000 3,000,000 T/Deposit 6/03/2013 6/03/2014 4.35% -Members Equity Bank A-2 4,000,000 4,000,000 T/Deposit 7/06/2013 7/03/2014 4.25% -Westpac A-1+ 6,000,000 6,000,000 T/Deposit 18/03/2013 18/03/2014 4.44% -St George AA- 2,000,000 2,000,000 T/Deposit 26/09/2013 28/04/2014 3.49% -Bank of Queensland A-2 5,000,000 5,000,000 T/Deposit 9/09/2013 9/05/2014 3.85% -Westpac A-1+ 5,000,000 5,000,000 T/Deposit 9/09/2013 9/05/2014 3.68% -ANZ A-1+ 3,000,000 3,000,000 T/Deposit 30/05/2013 30/05/2014 4.20% -NAB A-1+ 3,000,000 3,000,000 T/Deposit 26/06/2013 26/06/2014 4.20% -St George AA- 2,000,000 2,000,000 T/Deposit 26/09/2013 28/07/2014 3.71% -NAB A-1+ 3,000,000 3,000,000 T/Deposit 30/07/2013 30/07/2014 4.44% -NAB A-1+ 2,500,000 2,500,000 T/Deposit 6/08/2013 6/08/2014 4.19% -St George AA- 2,000,000 2,000,000 T/Deposit 26/09/2013 26/08/2014 3.76% -ANZ A-1+ 3,000,000 3,000,000 T/Deposit 29/08/2013 29/08/2014 3.75% -Bank of Queensland A-2 2,000,000 2,000,000 T/Deposit 29/08/2013 29/08/2014 3.95% -NAB A-1+ 1,500,000 1,500,000 T/Deposit 29/08/2013 29/08/2014 4.00% -Westpac A-1+ 5,000,000 5,000,000 T/Deposit 10/09/2012 10/09/2014 4.75% -St George AA- 5,000,000 5,000,000 T/Deposit 14/09/2012 16/09/2014 4.86% -Members Equity Bank A-2 3,000,000 3,000,000 T/Deposit 28/11/2013 28/11/2014 3.90% -NAB A-1+ 2,000,000 2,000,000 T/Deposit 28/11/2013 28/11/2014 3.84% -ANZ A-1+ 3,000,000 3,000,000 T/Deposit 29/08/2013 2/03/2015 3.75% -Bank of Queensland A-2 4,000,000 4,000,000 T/Deposit 29/08/2013 2/03/2015 4.15% -ANZ A-1+ 2,500,000 2,500,000 T/Deposit 6/08/2013 6/08/2015 4.05% -ING Australia A-1 5,000,000 5,000,000 T/Deposit 29/08/2013 31/08/2015 4.15% -ING Australia A-1 4,000,000 4,000,000 T/Deposit 29/08/2013 31/08/2015 4.15% -NAB A-1+ 1,500,000 1,500,000 T/Deposit 29/08/2013 31/08/2015 4.21% -Westpac Banking Corporation AA- 1,000,000 1,017,430 FRN 30/01/2012 9/05/2016 4.74% 0.22%Commonwealth Bank Australia zero coupon bond with a $4M face value AA- 2,000,000 3,346,120 BOND 21/01/2008 22/01/2018 7.17% 2.92%EMERALD A Mortgage Backed Securit AAA 956,474 626,927 M/Bac 17/07/2006 22/08/2022 3.24% -4.87%EMERALD B Mortgage Backed Securit AA 2,000,000 1,275,254 M/Bac 17/07/2006 23/08/2027 3.54% 5.07%

Investment Body Rating Purchase Price $ Fair Value of Holding $ Purchase DateMonthlyReturn

(Actual)Annualised % p.a. FYTD (Actual)

Tcorp Long Term Growth Facility Trus N/A 1,131,841 1,473,723 13/06/2007 2.32% 24.21% 45.52%

Investment Body Face Value SecuritySouthern Phone Company 2.00$ shares

TOTAL 119,964,818

Brian JenkinsRESPONSIBLE ACCOUNTING OFFICER

This is to certify that all of the above investments have been placed in accordance with the Act, the regulations and Council's Investment Policies.

WOLLONGONG CITY COUNCILSTATEMENT OF INVESTMENTS

29 November 2013

DIRECT INVESTMENTS

MANAGED FUNDS

* The maturity date provided is the weighted-average life of the security. This is the average amount of time that will elapse from the date of security's issuance until each dollar is repaid based on an actuarial assessment. Assessments are carried out on a regular basis which can potentially extend the life of the investment. Current assessments anticipate an extension of life of the investment.

Investment Body Rating Purchase Price $ Fair Value of Holding $ Security Purchase Date Maturity Date Interest / Coupon Rate FYTD (Actual)

NAB Professional Maximiser A-1+ - 20,268,363 11am 27/12/2013 27/12/2013 3.00% -NAB A-1+ 3,000,000 3,000,000 T/Deposit 13/06/2013 13/01/2014 4.18% -St George AA- 2,000,000 2,000,000 T/Deposit 26/09/2013 28/01/2014 3.39% -ANZ A-1+ 2,000,000 2,000,000 T/Deposit 29/08/2013 28/02/2014 3.75% -Members Equity Bank A-2 2,500,000 2,500,000 T/Deposit 30/05/2013 28/02/2014 4.25% -Members Equity Bank A-2 3,000,000 3,000,000 T/Deposit 6/03/2013 6/03/2014 4.35% -Members Equity Bank A-2 4,000,000 4,000,000 T/Deposit 7/06/2013 7/03/2014 4.25% -Westpac A-1+ 6,000,000 6,000,000 T/Deposit 18/03/2013 18/03/2014 4.44% -St George AA- 2,000,000 2,000,000 T/Deposit 26/09/2013 28/04/2014 3.49% -Bank of Queensland A-2 5,000,000 5,000,000 T/Deposit 9/09/2013 9/05/2014 3.85% -Westpac A-1+ 5,000,000 5,000,000 T/Deposit 9/09/2013 9/05/2014 3.68% -ANZ A-1+ 3,000,000 3,000,000 T/Deposit 30/05/2013 30/05/2014 4.20% -NAB A-1+ 3,000,000 3,000,000 T/Deposit 26/06/2013 26/06/2014 4.20% -St George AA- 2,000,000 2,000,000 T/Deposit 26/09/2013 28/07/2014 3.71% -NAB A-1+ 3,000,000 3,000,000 T/Deposit 30/07/2013 30/07/2014 4.44% -NAB A-1+ 2,500,000 2,500,000 T/Deposit 6/08/2013 6/08/2014 4.19% -St George AA- 2,000,000 2,000,000 T/Deposit 26/09/2013 26/08/2014 3.76% -ANZ A-1+ 3,000,000 3,000,000 T/Deposit 29/08/2013 29/08/2014 3.75% -Bank of Queensland A-2 2,000,000 2,000,000 T/Deposit 29/08/2013 29/08/2014 3.95% -NAB A-1+ 1,500,000 1,500,000 T/Deposit 29/08/2013 29/08/2014 4.00% -Westpac A-1+ 5,000,000 5,000,000 T/Deposit 10/09/2012 10/09/2014 4.75% -St George AA- 5,000,000 5,000,000 T/Deposit 14/09/2012 16/09/2014 4.86% -ING Australia A-1 4,000,000 4,000,000 T/Deposit 6/12/2013 6/10/2014 4.33% -Members Equity Bank A-2 3,000,000 3,000,000 T/Deposit 28/11/2013 28/11/2014 3.90% -NAB A-1+ 2,000,000 2,000,000 T/Deposit 28/11/2013 28/11/2014 3.84% -NAB A-1+ 1,030,000 1,030,000 T/Deposit 17/12/2013 17/12/2014 3.84% -ANZ A-1+ 3,000,000 3,000,000 T/Deposit 29/08/2013 2/03/2015 3.75% -Bank of Queensland A-2 4,000,000 4,000,000 T/Deposit 29/08/2013 2/03/2015 4.15% -ANZ A-1+ 2,500,000 2,500,000 T/Deposit 6/08/2013 6/08/2015 4.05% -ING Australia A-1 5,000,000 5,000,000 T/Deposit 29/08/2013 31/08/2015 4.15% -ING Australia A-1 4,000,000 4,000,000 T/Deposit 29/08/2013 31/08/2015 4.15% -NAB A-1+ 1,500,000 1,500,000 T/Deposit 29/08/2013 31/08/2015 4.21% -Westpac A-1+ 1,000,000 1,019,460 FRN 30/01/2012 9/05/2016 4.74% 0.61%Commonwealth Bank Australia zero coupon bond with a $4M face value A-1+ 2,000,000 3,177,600 BOND 21/01/2008 22/01/2018 7.17% -8.51%EMERALD A Mortgage Backed Securit AAA 956,474 598,108 M/Bac 17/07/2006 22/08/2022 3.24% -14.04%EMERALD B Mortgage Backed Securit AA 2,000,000 1,287,300 M/Bac 17/07/2006 23/08/2027 3.54% 6.28%

Investment Body Rating Purchase Price $ Fair Value of Holding $ Purchase DateMonthlyReturn

(Actual)Annualised % p.a. FYTD (Actual)

Tcorp Long Term Growth Facility Trus N/A 1,131,841 1,494,004 13/06/2007 1.38% 17.94% 40.93%

Investment Body Face Value SecuritySouthern Phone Company 2.00$ shares

TOTAL 124,374,836

Brian Jenkins

RESPONSIBLE ACCOUNTING OFFICER

This is to certify that all of the above investments have been placed in accordance with the Act, the regulations and Council's Investment Policies.

WOLLONGONG CITY COUNCILSTATEMENT OF INVESTMENTS

27 December 2013

DIRECT INVESTMENTS

MANAGED FUNDS

* The maturity date provided is the weighted-average life of the security. This is the average amount of time that will elapse from the date of security's issuance until each dollar is repaid based on an actuarial assessment. Assessments are carried out on a regular basis which can potentially extend the life of the investment. Current assessments anticipate an extension of life of the investment.

Attachment 1

Thirroul Seaside & Arts Festival

Attachment 2

Illawarra Cycle Club – Criterium Races – Gloucester Boulevard, Port Kembla

Attachment 3

STANDARD CONDITIONS APPLYING TO SPECIAL EVENTS AND WORK-RELATED ACTIVITIES WITHIN COUNCIL ROAD RESERVES

A road closure, following approval by the Traffic Committee, is subject to the following additional Council conditions:

1 The applicant must apply to the Council’s Regulation and Enforcement Division in the ‘Integral Building’ situated at 81-83 Burelli Street, Wollongong, for a section 138 permit to occupy the road reserve. The application must include:

a A copy of these conditions signed as acceptedb A copy of a letter from the Traffic Committee authorising the closurec The TMPd The ROL (if required)e Police approvalf Public liability insurance

2 The applicant must obtain written approval from the NSW Police Service.

3 The applicant must obtain an ROL (Road Occupancy Licence) from the Roads & Maritime Services if the closure is on a classified road or within 100m of any traffic control signals.

4 The applicant must advise all affected residents and business owners within the closure area of the closure dates and time in writing, seven days prior to the intended date of works.

5 The applicant must advise the Emergency Services (Ambulance, Fire Brigade, NSW Police), Taxi Co-op and Bus Companies of the closure dates and times in writing, seven days prior to the intended date of works. The applicant must endeavour to minimise the impact on bus services during the closure.

6 The closure must be set up in accordance with a Traffic Management Plan (TMP) prepared by an appropriately qualified traffic control person. A copy of the person’s qualifications must be detailed within the TMP.

7 The TMP must be physically set-up by appropriately qualified traffic control persons or the NSW Police.

8 Access for affected business owners and residents must be maintained where possible. Where direct access cannot be achieved an alternative arrangement must be agreed to by both the applicant and affected person/s.

9 The applicant must advertise the closure in the Public Notice section of the local newspaper, detailing the closure dates and times. This advertisement must appear no less than seven days prior to the closure.

10 The applicant must provide Council with a copy of a current public liability insurance policy to a value no less than 10 million dollars which covers Wollongong City Council against any claims arising from the closure.