Ordinary Meeting of Council

 

 

 

To be held on
Monday
12 November 2018

AT 6.00pm

 

 

 

Cnr Baylis and Morrow Streets,
Wagga Wagga NSW 2650
PO Box 20, Wagga Wagga

 

Phone: 1300 292 442
Fax: 02 6926 9199
Website: www.wagga.nsw.gov.au

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations there under, notice is hereby given that an Ordinary Meeting of the Council of the City of Wagga Wagga will be held in the Council Chamber, Civic Centre, Corner Baylis and Morrow Streets, Wagga Wagga, on Monday 12 November 2018 at 6.00pm.

 

Council live streams video and audio of Council meetings. Members of the public are advised that their voice and/or image may form part of the webcast.

 

 

 

Mr Peter Thompson

General Manager

 

 

 

 

 

 

 

QUORUM

The quorum for a meeting of the Council is a majority of the Councillors of the Council who hold office for the time being who are eligible to vote at the meeting.

COUNCIL MEETING ROOM

 

 

 

 

Ordinary Meeting of Council AGENDA AND BUSINESS PAPER

Monday 12 November 2018

ORDER OF BUSINESS:

CLAUSE               PRECIS                                                                                            PAGE

PRAYER                                                                                                                       3

ACKNOWLEDGEMENT OF COUNTRY                                                                          3

APOLOGIES                                                                                                                 3

CONFIRMATIONS OF MINUTES

CM-1           Ordinary Council Meeting - 29 October 2018                                3

DECLARATIONS OF INTEREST                                                                                    3

Mayoral Minutes

MM-1           Inter Church Council Carols - Victory Memorial Gardens request for Finanical Assistance                                                                  4  

Councillor Report

CR-1            CITIES POWER PARTNERSHIP SUMMIT (CPP) - 18-19 OCTOBER 2018    6

Reports from Staff

RP-1            DRFA 2018: Disaster Recovery Funding Arrangments               8

RP-2            Licence Agreement for Electric Vehicle Charging Station 14

RP-3            ALCOHOL FREE ZONE AND PROHIBITED AREAS                                  24

RP-4            RESOURCE SHARING AGREEMENT - LOCKHART SHIRE COUNCIL      29

RP-5            Proposed Mobile Food Vending Trial                                          31

RP-6            MANAGEMENT OF COMMUNICATION INFRASTRUCTURE ON CROWN LAND  46

RP-7            Proposed Easements for Services & Right of Carriageway within Lot 102 DP1012965                                                                                 49

RP-8            Consolidation of Gregadoo Waste Managment Centre Lots 53

RP-9            Response to Questions/Business with Notice                           55  

Committee Minutes

M-1              SISTER CITY COMMUNITY COMMITTEE MINUTES - 11 OCTOBER 2018 58

M-2              Floodplain Risk Management Advisory Committee Meeting - 10 April 2018, 3 July 2018 and 14 August 2018                                               62

M-3              Airport Advisory Committee Meeting - 1 May 2018 and 8 August 2018                                                                                                                77   

 

QUESTIONS/BUSINESS WITH NOTICE                                                                       94

Confidential Reports

CONF-1       PROPOSED LEASE TO MISSION AUSTRALIA                                         95

CONF-2       STAGE 2 LEVEE & ACTIVE TRAVEL PLAN LAND ACQUISITIONS          96  

 

 

 

PRAYER

 

 

ACKNOWLEDGEMENT OF COUNTRY

 

 

APOLOGIES

 

 

Confirmation of Minutes

CM-1              Ordinary Council Meeting - 29 October 2018       

 

Recommendation That the Minutes of the proceedings of the Ordinary Council Meeting held on 29 October 2018 be confirmed as a true and accurate record.

 

Attachments  

1⇩.

Minutes - Ordinary Council Meeting - 29 October 2018

97

 

 

 

 

DECLARATIONS OF INTEREST

 

Mayoral Minute

MM-1              Inter Church Council Carols - Victory Memorial Gardens request for Finanical Assistance

 

Analysis:

The purpose of this report is to submit for Council’s consideration a request for financial assistance from the Wagga Inter Church Council for their staging of the “Christmas Carols in the Park 2018” community event.

 

 

Recommendation That Council: a       provide financial assistance of $2,774 to the Wagga Inter Church Council for their staging of the “Christmas Carols in the Park 2018” event in accordance with Section 356 of the Local Act 1993 b       provide further financial assistance to the Wagga Inter Church Council  by covering the cost of additional general waste and recycling bins required for the “Christmas Carols in the Park 2018” event and funded as detailed in this report in accordance with Section 356 of the Local Government Act 1993 c        rescind the 2018/19 contribution to Kurrajong Waratah of $2,774 for the 2018 “Christmas Spectacular” as this event will not be staged in 2018 by Kurrajong Waratah. This was originally included in the adopted  2018/19 Combined Delivery Program and Operational Plan (Minute No 18/230 25 June 2018 Council Officers Report RP-4)

 

The Wagga Inter Church Council has requested Council’s consideration to providing financial assistance for their staging of “Christmas Carols in the Park 2018 “at the Victory Memorial Gardens on 22 December 2018.

 

The “Christmas Carols in the Park 2018” is a free event that provides an opportunity for community members to celebrate Christmas in a family friendly environment.

 

The Inter Church Events Manager Mr Geoff Gray has advised that the cost to stage the Carols is approximately $6,000 (not including additional general waste/recycle bins bins) and that they are seeking Council’s support by providing financial assistance toward the costs of staging their community event.

 

It is noted that Council’s Combined Delivery Program and Operational Plan 2018/19 had made provision for financial assistance to Kurrajong Waratah of $2,774 for the staging of their “Christmas Spectacular” event at the Botanic Gardens Music Bowl.

 

As Kurrajong Waratah are not staging their “Christmas Spectacular” event in 2018, it is proposed that the above funds be redirected to support the Inter Church Councils “Christmas Carols in the Park” event as noted below.

 

Council’s proposed contribution would assist with the costs of the venue hire $145 (Victory Memorial Gardens) and the advised audio/lighting expenses and other associated costs to the amount of $2,629 i.e. total financial assistance - $2,774.

It is further proposed that Council absorb the costs for the provision of additional general waste/recycling bins required for the event, which is proposed to be funded from Council’s Waste Services Business Unit which has the capacity to absorb this cost. The estimated cost of the general waste/recycling bins is approximately $400 which is based on a forecast of 2,000 attendees.

Council’s POL 078 Financial Assistance Policy

Section 356 of the Local Government Act 1993

 

Community Place and Identity

Objective: We have opportunities to connect with others

Outcome: We activate our community spaces to promote connectedness

 

N/A

 

 

Councillor Report

CR-1              CITIES POWER PARTNERSHIP SUMMIT (CPP) - 18-19 OCTOBER 2018

Author:          Councillor Greg Conkey OAM

 

Recommendation That Council receive and note the report.

 

In October, I attended the first of what I hope will be an annual Cities Power Partnership Summit (CPP). More than 100 councils have joined the partnership (which includes Wagga Wagga) with many represented at the Summit from all over Australia.

 

According to the Director of CPP, Alix Pearce, Australia is on the frontline of climate change and its impacts.

 

“We continue to swelter through record breaking heat, lengthening bushfire seasons, worsening flooding along our coasts and severe drought.

 

“Despite these challenges, cities, towns and shires across Australia are surging ahead with emissions reduction plans.

 

“We know that transforming the way cities use and generate energy alone has the potential to deliver 70% of the total emissions reductions needed to stay on track for the two degrees limit set under the Paris agreement.

 

“Our local governments are already a critical part of the climate solution,” Alix told the Summit.

 

The Mayor of Kiama, Mark Golden, in his opening address, said the pattern of rainfall in his local government area had changed considerably. Whilst the total rainfall had not changed, the pattern of that rainfall had.

 

“We could get a third of our annual rainfall in 24 hours and then have no rain for the next three months,” he said.

 

The Summit was told this year’s bush fire season had started in late winter with more than 100 out of control bush fires reported in August. The keynote address was given by the Mayor of Lancaster, California, R. Rex Parris. He prefers the term “climate disruption” to “climate change” with his city considered a leader in reducing carbon emissions not only in the US but the world.

 

Lancaster has installed solar panels on all of the city’s car parks (they also provide shade), all new houses built in the city since 2008 are energy zero, and the city generates power from solar energy for three cents a kilowatt and sells it to its residents for six cents. He said that an astonishing $226b worth of Australian coastal infrastructure was at risk of inundation due to rising sea levels and said the largest fence in the world had been built between India and Bangladesh in an attempt to stop 160m refugees fleeing to India as a result of rising sea levels.

 

The picture painted by Professor Lesley Hughes, a Macquarie University Professor, was just as bleak.

 

She said every year since 1980 Australia had recorded above average yearly temperatures; that heatwaves kill more people than any other climate event; that the bush fire season was getting longer and more severe; and that storm events were bigger and more energetic.

 

The message was loud and clear … everyone had a role to play in reducing their carbon emissions and that local government must lead the way.

 

In 2008 Wagga Wagga City Council set a target of reducing our carbon emissions by 20% by 2020.

 

The bad news is this will not be achieved….our carbon emissions have in fact increased during the last 10 years.

 

The good news is that our projects designed to reduce emissions and increase our usage of renewable energy are well underway.

 

Our new FOGO contract will make a sizeable difference along with the decision to use methane gas to enhance evaporation of the retaining ponds at Gregadoo.

 

Our energy saving projects costing $4.3m are well underway and include the installation of solar panels on our Civic building, Airport Terminal, Oasis, Civic Theatre and LMC. That project, expected to save us $500,000 a year, should be completed by June.

 

Council has gone out for market interest in establishing a solar farm on our land at Bomen with the rent going towards establishing our own solar farm at Gregadoo.

 

Council has also gone out to the market for expressed interest in an electric vehicle charging station in a central location, while our first electric vehicle is expected to be purchased in March.

 

Many councils have already set renewable energy targets and I have asked staff to come back with a report for a future council meeting to open the discussion for a target of our own.

 

 

  

 

Reports from Staff

RP-1               DRFA 2018: Disaster Recovery Funding Arrangments

Author:          Craig Katsoolis 

Director:       Natalie Te Pohe

         

Analysis:

The Commonwealth Government is replacing the existing Natural Disaster Relief and Recovery Arrangements (NDRRA) with the Disaster Recovery Funding Arrangements (DRFA) effective 1 November 2018.   Local Councils have been advised that they have the option to Opt In to the New DRFA or Opt Out and stay within the existing NDRRF arrangements.   Discussions have been held across the organisation at which the costs/benefits of the existing arrangements and the new arrangements have been examined.   This report recommends that Council advise the Office of Emergency Management that it has elected to Opt In to the new arrangements for the period ending 31 October 2019.

 

 

Recommendation That Council advise the NSW Office of Emergency Management that it will Opt In to the new Disaster Recovery Funding Arrangements (DRFA) effective until 31 October  2019

 

The NSW Office of Emergency Management in their attached correspondence have advised all NSW councils of changes to the Commonwealth Natural Disaster Relief and Recovery Arrangements (NDRRA) which will be replaced with the Disaster Recovery Funding Arrangements (DRFA) on 1 November 2018. These changes form “part of the Commonwealth’s response to the 2015 Productivity Commission’s inquiry into disaster funding arrangements and a major audit of the NDRRA carried out by the Australian National Audit Office”.

 

Councils have been requested to advise the Office of Emergency Management whether they wish to Opt In to the new arrangements by the systems starting date of 1 November 2018 but before 31 January 2019, whereby the new funding will be in place for an initial period up to 31 October 2019.

 

It should be noted that if a council does not advise its position until 31 January 2019 it would be unable to take up the benefits of the new arrangements should a disaster event occur between November 1 2018 and 31 January 2019.

 

 

Background to changes to Disaster Recovery Funding 

 

Under current NDRRF arrangements local councils who suffer a Declared Natural Disaster Event e.g. Flood, Fire or Storm event are required to contribute $29,000 toward disaster damage to its road, bridge, drainage and levee protection assets.

 

The current DRFA have caused concern to a number of councils including Wagga Wagga City Council, due to there being specific disaster funding requirements that direct who is able to carry out the disaster recovery works.

 

In the event of a natural disaster, councils under the current disaster funding arrangements are not permitted to use their own respective day labour force or their own plant on Council infrastructure damaged in the disaster event.  These restrictions barring councils from using their own resources has a number of significant negative effects.

 

In the event of a major disaster event such as flood there are often many Local Government areas affected across an entire region. The demand for contractors to carry out major regional disaster event restoration works will often result in significant delays for restoration works to be carried out.

 

Large regional councils such as the Wagga Wagga have the in‑house capacity in both skilled labour and the available internal plant to undertake significant restoration works. By applying Council’s day labour and its own plant, restoration works would be able to be carried in a much faster time period than the current system.

 

Other benefits to councils under the new disaster funding arrangements is the extension of the emergency repair period from 21 days to 3 months.  The extension of the emergency works period to 3 months allows councils more time to undertake works to make roads safe without the need for extensive assessment and authorisation to carry out the works from the external funding body.

 

While there are financial implications to opting in to the new arrangements, the benefits of doing so far outweigh the costs, particularly as it allows Council to use a combined approach of contractors and day labour where required.

 

The changes to the disaster funding arrangements does place significant additional upfront costs onto councils in the event of a natural disaster. However, as noted earlier councils have the option to use their own labour force and plant funded by the new disaster arrangements less the applicable council contribution.

 

Whilst councils are currently limited to contributing $29,000 in a single natural disaster event (but unable to use their own day labour or plant), under the new arrangements and being able to use Council day labour and plant, the table below details what the Council would be required to contribute.

 

It is important to note that under the disaster funding arrangements, the year runs from 1 November to 31 October.

 

Restoration Cost  - One Disaster Event in the One Year	Council Contribution Current Arrangement	Council Contribution New Arrangement
$ 500,000	$ 29,000	$ 125,000
$ 1,000,000	$ 29,000	$ 250,000
$ 2,000,000	$ 29,000	$ 251,655
$ 5,000,000	$ 29,000	$ 251,655
$ 10,000,000	$ 29,000	$ 251,655
$ 20,000,000	$ 29,000	$ 251,655
$ 50,000,000	$ 29,000	$ 251,655

 

Two Disaster Events in One Year 

Restoration Cost - Two Disaster Events in the One Year	Council Contribution Current Arrangement - Two Disaster Events	Council Contribution New Arrangement - Two Disaster Events
$ 500,000 & $ 500,000	$ 58,000	$ 250,000
$ 1,000,000 & $1,000,000	$ 58,000	$ 500,000
$ 2,000,000 & $ 2,000,000	$ 58,000	$ 503,310
$ 5,000,000 & $ 5,000,000	$ 58,000	$ 503,310
$10,000,000 & $ 10,000,000	$ 58,000	$ 503,310
$ 20,000,000 & $ 20,000,000	$ 58,000	$ 503,310
$ 50,000,000 & $ 50,000,000	$ 58,000	$ 503,310

 

 

Council’s total required contribution in any number of events is capped at $671,000 (2%) of rates income.

 

The above table notes that for example, if two significant flood events occurred in the year that caused $10,000,000 damage in each of the events, Council’s capped contribution would be $503,310.

 

Council would however then have the ability to apply its own labour force and internal plant to restore the damage, and claim back the full cost of its labour and internal plant works as well as the associated materials. Depending on the nature of damage i.e. rural roads; sealed roads; or bridges, the level of Council labour and plant required would vary.

 

In terms of the net financial benefits to Council being able to utilise its own plant and staff on disaster restorations works, an example of the 2016 Flood Disaster event has been outlined below, with an estimated percentage of the labour and plant that could have been claimed.

 

While the percentages are only approximate, this indicates that Council would have been able to deploy its own labour and plant of approximately $1,513,642 less the additional excess would result in a net grant payment of $1,291,642.

 

2016 Flood Event – Restoration Council Claim

 

 

Example of approximate component structure:

 

 

 

 

 

Total Available for Council Labour/Plant     $1,513,642

Less net excess $251,000 – $29,000          ($ 222,000)

 

Net benefit to Council                                     $1,291,642

 

This equates to 43.8% of the total costs of restoration works.

 

Other benefits of opting into the new arrangements can be generated in cases whereby the annual maintenance budget has an allocation for unsealed roads of say $1,400,000. If there was a flood event whereby many of the roads within this program of works were affected, Council’s day labour and plant (that were going to undertake this work in any case) would be used, and Council would be able to claim these costs, effectively saving a large portion of the $1,400,000.

 

Summary

 

As at 30 June 2018, Council has $220,000 in its Emergency Events Reserve to fund a contribution if a future natural disaster is declared. It is recommended that Council increase the funds in this reserve over time to at least the cap of $671,000.

 

It should be noted that there is no opportunity to claim the co-contribution amount through Council’s insurance policy without paying a significant premium (estimated at $110 per $100,000 of assets, and with over $500,000,000 in roads and bridges, this is not a viable option for Council). It should also be noted that even if Council choose to insure all roads, bridges, drains etc. that flood events are capped at $3,500,000 per event with a $50,000,000 cap for the State.

Disaster Recovery Funding Arrangements (DRFA)

Community Leadership and Collaboration

Objective: City of Wagga Wagga services reflect the needs of the community

Outcome: The City of Wagga Wagga has efficient and effective processes

 

Council would be required to ensure that it monitors the available funds it has in reserve to contribute to Natural Disaster Events. It is proposed to steadily increase over a number of years the Natural Disaster Event Reserve to match 2% of Council’s rate income  currently  approximately $671,000  (the limit of Council’s exposure for anyone year). Noting the current Disaster event funding reserve balance is $220,000.

Internal cross Directorate discussions have been held to review the new Natural Disaster Funding arrangements. Additionally Council Officers have attended a Natural Disaster Funding Arrangements workshop conducted by the NSW Office of Emergency

 

A Link to the NSW Office of Emergency Management –DRFA 2018 –September 2018 Fact Sheet can be viewed on their website.

 

 

 

RP-2               Licence Agreement for Electric Vehicle Charging Station

Author:          Dianne Wright 

Director:       Natalie Te Pohe

         

Analysis:

This report concerns the licensing of Council owned land by a third party

 

 

Recommendation That Council: a       enter into a licence agreement with the National Roads and Motorists’ Association Limited for the purpose of establishing an electric vehicle charging station upon the following terms: i        Location – part 8 Cross Street, Wagga being part Lot 3 DP 828377 ii       Term – four years plus four years iii      Annual rent - $1.00 (if demanded) b       agree to the creation of the necessary easements for services within Lot 3 DP 828377 c        delegate authority to the General Manager or their delegate to execute any necessary documents on behalf of Council d       authorise affixing of Council’s Common Seal to all relevant documents as required

 

Council resolved on 12 June 2018 (resolution 18/197):

 

That Council:

a       endorse the five initiatives indicated in the report as pledge items for the Cities Power Partnership Program

b       approve the budget variation as detailed in the budget section of the report

 

This report pertains to the following pledge item.

 

PLEDGE ITEM	COST/BENEFIT & RESOURCING
Provide fast-charging infrastructure throughout the city at key locations for electric vehicles.	Council has an opportunity to allow a free EV charging station to be installed in the vicinity of the CBD. The proposal is at nil cost to Council, just provision of a car park space for peppercorn lease. An EOI process will be followed by Council to progress this. By providing this key infrastructure Council is encouraging the uptake of electric vehicles in the wider community.

 

 

Subsequently an expression of interest was advertised calling for submissions from suitable organisations. The expression of interest identified a number of potential sites for the establishment of electric vehicle charging stations. All sites were located in the Wagga CBD on Council owned operational land developed for public car parking.

 

Enquiry was received from 6-8 proponents during the expression of interest. Upon closure of the expression of interest on 11 September 2018, one submission was received from the National Roads and Motorists’ Association Limited (NRMA) identifying the Council owned car park at 8 Cross Street, Wagga Wagga as the preferred location.

 

The preferred proposal takes up two spaces in total, one for the vehicle being charged and one for the charging infrastructure. An alternate location in the same car park which used only one car space was considered less favourable because it involved placement of the charging infrastructure and underground services on recently remediated gas works land.

 

The submission was assessed by a panel comprised of the following Council officers:

 

·        Manager Environment & City Compliance

·        Strategic Asset Planner (Parks & Recreation)

·        Land & Real Property Coordinator

 

Criteria	Response	Comments	Ranking
Proposed initial annual licence fee (excluding GST)	$1 per annum plus GST, if demanded initially and during the licence term	Nominal Licence fee may be reasonable having regard to $100,000 infrastructure investment. Electricity costs borne by NRMA.	60/100
Proposed licence duration	5 years + 5 years commencing on the day after the initial term expires.	Counter offer of 4 + 4 years to be proposed to applicant to allow for possible future development of site.	80/100
Parking spaces required for the development/Layout Plan	As detailed in the Appendix 1 & 2 we are proposing two potential site options within our preferred location being the Cross Street carpark (Option F). In any case we are proposing to install one (1) charger at either Site A or B. ·    Cross Street Option A – requires one car parking space ·    Cross Street Option B – requires two car parking spaces	Option B preferred as option A uses remediated land parcel.	80/100
Proposed charging infrastructure – i.e. charging station type (power rate); connection type and supported vehicles	The NRMA Electric Vehicle Fast Charging Network is installing 50kW Tritium fast chargers. Our chargers are: ·    Universally accessible – adopting both CHAdeMO and CCS standards which are suitable for most makes and models of battery EVs including Tesla. ·    Will charge most EVs to 80% battery capacity in around 30 min.	Proposal will enable all non Tesla electric vehicles to charge.	80/100
Proposed service type – details of fees (if any) to be charged to user	NRMA’s EV fast chargers are publicly available to all EV motorists. NRMA Members will receive free charging with non-members charge at a reasonable cost. At this early stage of the network roll-out charging is currently free to all EV motorists.	No timeframe for introducing pay for use specified.	80/100
How is your service to be promoted to targeted users	The installation of an NRMA EV fast charging site in Wagga Wagga will connect the town to one of Australia’s largest fast charging networks. Our network will ensure EV motorists are never more than 150km from a fast charge and will be advertised to NRMA’s 2.6 million members through our owned channels which includes: ·    Open Road publication (sent to 1.1 million Members and the third most read publication in Australia). ·    NRMA website ·    Regular Member electronic digital marketing ·    NRMA Blue – Member App ·    Social media channels including Linked In.	Comprehensive promotion approach via NRMA’s existing membership and insurance database.	85/100
Totals		NRMA submission sole submission received. Submission considered acceptable subject to the following:- 1. NRMA responsible for any consents, approvals etc 2. No costs incurred by WWCC in the development, maintenance or ongoing operation of site 3. Agreement to shorter term being 4 years with 4 year option 4. Inclusion of relocation clause to accommodate possible future development Development is novel in nature and delivers potential benefits to the community through service delivery and increased tourism.	465/600

 

 

 

 

It is recommended that council enter into a licence agreement with NRMA for the purposes of establishing an electric vehicle charging station noting the following:-

 

·        all costs associated with the establishment, maintenance and operation of the charging station will be borne by NRMA

·        the NRMA is responsible for obtaining any necessary approvals or consents for the charging station

·        the NRMA is responsible for establishing independent electricity supply and metering for the charging station

·        the licence agreement will contain relocation provisions to allow for future development of the site.

 

There will be a requirement for creation of easements for services to connect the charging infrastructure with existing electricity infrastructure in Cross Street, Wagga.

 

Recent changes to the Infrastructure State Environmental Planning Policy (SEPP) 2007 support installation of electric car chargers in certain business and industrial zones, and in certain locations without the requirement for development consent. Part 3, Division 17, Subdivision 3, clause 104B (b) (i) provides that erection of an electric vehicle charger in an existing car park is exempt development.

 

A nominal annual rent of $1.00 (if demanded) is proposed.

POL 038 Leasing & Licensing Policy

The Environment

Objective: We plan for the growth of the city

Outcome: We have sustainable urban development

Funding for Stage III Riverside or other development may become available before expiry of agreement necessitating relocation of the charging infrastructure at Councils cost.

Councils Environment & City Compliance Division

Council’s Parks Strategic Division

Council’s City Development Division 

 

 

1⇩.	Civil Plan - NRMA charging station - Cross Street, Wagga (option B)
2⇩.	Location Map - NRMA Charging Station
3⇩.	Media Release - Infrastructure SEPP - September 2018

 

 

 

 

 

 

 

 

RP-3               ALCOHOL FREE ZONE AND PROHIBITED AREAS

Author:          Mark Gardiner 

Director:       Janice Summerhayes

         

Analysis:

Council is responsible for declaring the Alcohol Free Zone and Alcohol Prohibited Areas in accordance with the Local Government Act 1993. The current declared zones expire in February 2019 and this report recommends placing on public exhibition the proposal to renew these areas for a further four years.

 

 

Recommendation That Council: a       support in principle the renewal of the Alcohol Free Zone for four years from the expiry of the existing declaration on 14 February 2019 and place on public exhibition for a period of 28 days from 17 November 2018 to 14 December 2018 and invite public submissions b       support in principle that the area of the proposed Alcohol Free Zone be bounded by and include the following streets and laneways on both sides: ·        Travers Street (between Trail and Fitzmaurice Streets) ·        Fitzmaurice Street (between Travers and Sturt Streets) ·        Cadell Place ·        Tarcutta Street (between Sturt and Morrow Streets) ·        Morrow Street (between Tarcutta and O’Reilly Streets) ·        O'Reilly Street (between Morrow and Tompson Streets) ·        Tompson Street (between O'Reilly and Berry Streets) ·        Berry Street (between Tompson and Morgan Streets) ·        Morgan Street (between the Skate Park and Fitzhardinge Street) ·        Fitzhardinge Street (between Morgan and Edward Streets) ·        Edward Street (between Fitzhardinge and Peter Streets) ·        Flinders Street ·        Station Place ·        Peter Street (between Edward and Morrow Streets) ·        Morrow Street (between Peter Street and Ivan Jack Drive) ·        Ivan Jack Drive (between The Esplanade and Johnson Street) ·        Trail Street (between Johnson and Travers Streets) c        support in principle the continued prohibition of consumption of alcohol in: ·        Victory Memorial Gardens and Wollundry Lagoon Amphitheatre between the hours of 10:00pm and 10:00am ·        Tony Ireland Park at all times and ·        Skate Park area at Bolton Park at all times d       note the area leased to food outlets for Alfresco Dining within the Alcohol Free Zone are excluded whilst they are open for business where they have the necessary permission to serve alcohol e       invite submissions on the proposed renewal of the Alcohol Free Zone from NSW Police Service and licencees in or near the proposed zone f        consider a further report following the public exhibition and consultation period: (i)      addressing any submission made in respect of the proposal (ii)     outlining any amendments to the proposal considered appropriate whether as a result of the public submissions or otherwise

 

Alcohol Free Zone:

 

The Alcohol Free Zone (AFZ) in the Central Business District of Wagga Wagga is due to expire on 14 February 2019. This area is established under section 644B of the Local Government Act 1993 and Council is required to consult and advertise the proposed renewal of the AFZ prior to formalising the declaration. A zone can be declared for up to a four year period.

 

An Alcohol Free Zone can only be established in the following areas:

 

1.   a public road or part of a public road

2.   a public place that is a carpark or part of a carpark

 

At present the declaration applies to the area bounded by and including the following streets and laneways (on both sides):

 

·    Travers Street (between Trail and Fitzmaurice Streets)

·    Fitzmaurice Street (between Travers and Sturt Streets)

·    Cadell Place

·    Tarcutta Street (between Sturt and Morrow Streets)

·    Morrow Street (between Tarcutta and O’Reilly Streets)

·    O'Reilly Street (between Morrow and Tompson Streets)

·    Tompson Street (between O'Reilly and Berry Streets)

·    Berry Street (between Tompson and Morgan Streets)

·    Morgan Street (between the Skate Park and Fitzhardinge Street)

·    Fitzhardinge Street (between Morgan and Edward Streets)

·    Edward Street (between Fitzhardinge and Peter Streets)

·    Flinders Street

·    Station Place

·    Peter Street (between Edward and Morrow Streets)

·    Morrow Street (between Peter Street and Ivan Jack Drive)

·    Ivan Jack Drive (between The Esplanade and Johnson Street)

·    Trail Street (between Johnson and Travers Streets)

 

 

Currently the areas of the footpath within this area leased to food outlets for Alfresco Dining where they have the necessary permission to serve alcohol are precluded from the Alcohol Free Zone. Provision is made in the guidelines for the “Street Activities Policy” to clearly denote the area which is leased.

 

Alcohol Prohibited Areas:

 

An Alcohol Prohibited Area can be established for any public place that does not include a public road or a carpark. These areas are established under section 632A of the Local Government Act 1993 and requires the approval of the NSW Police Area Commander.

 

Consumption of alcohol is also currently prohibited in several park areas within the Alcohol Free Zone and include:

 

·    Victory Memorial Gardens and Wollundry Lagoon Amphitheatre between the hours of 10:00pm and 10:00am

·    Tony Ireland Park and

·    Skate Park area at Bolton Park at all times

 

Council has the ability to suspend or cancel the zone at any time by public notice.

 

The consultation process requires an advertisement to be placed calling for representations or objections to the proposal and for a copy of the proposal to be sent to the local Police and licensees in or near the proposed zone. Council must take into account any representation received.

 

It is the responsibility of the Police to enforce the zone, therefore, its extent must be such that this enforcement is achievable with their limited resources.

 

It is recommended Council agree in principle to renew the Alcohol Free Zone and the prohibition for the consumption of alcohol in the parks identified inclusive to the area shown in the attached map.

The estimated cost to update the Alcohol Free Zone signage is $800 and there are funds allocated in the budget for this purpose.

Local Government Act 1993

Safe and Healthy Community

Objective: We are safe

Outcome: We create safe spaces and places

The Alcohol Free Zones are intended, amongst other things to create an environment that minimises damage to the public infrastructure in the CBD and reduces the potential for anti-social behaviour.

NSW Police have indicated they would support the renewal of the existing Alcohol Free and Prohibited Area zones. This proposal will be placed on public exhibition to allow submissions from members of the community.

 

Mail

Media

Community Engagement

Digital

Rates notices insert

Direct mail

Letterbox drop

Council news story

Council News advert

Media releases

TV/radio advertising

One-on-one meetings

Your Say website

Community meetings

Stakeholder workshops

Drop-in sessions

Surveys and feedback forms

Social media

Email newsletters

Website

Digital advertising

TIER

Consult

x

x

x

x

 

 

1⇩.

Alcohol Free Zone Map

 

 

 

 

 

RP-4               RESOURCE SHARING AGREEMENT - LOCKHART SHIRE COUNCIL

Author:          Mark Gardiner 

Director:       Janice Summerhayes

         

Analysis:

Council has had a Resource Sharing agreement in place with Lockhart Shire Council since 1999 for the enforcement of the Companion Animals Act 1998. Lockhart Shire Council has requested the agreement be renewed to support their current service provision.

 

 

Recommendation That Council authorise the General Manager to enter into an agreement with Lockhart Shire Council for the continued enforcement of the Companion Animals Act 1998 for a three year period with a further two year option.

 

Council has undertaken patrols of Lockhart, The Rock and Yerong Creek since 1999 as part of a resource sharing agreement with Lockhart Shire Council for the enforcement of the Companion Animals Act 1998.

 

The primary role of the agreement is to enforce dog registrations and patrols to impound roaming dogs and cats complaints. This has also included providing housing for impounded companion animals at the Glenfield Road Animal Shelter as required. Patrols are required at irregular periods involving a maximum of three hours being carried out on a needs basis at times when staff are available.

 

The agreement is fully cost recovered and Council has benefited from the arrangement with additional revenue. The service has been incorporated into scheduled patrols of villages of Uranquinty, Mangoplah and Collingullie.

 

Lockhart Shire has appointed a part time Compliance Officer and this has reduced significantly their reliance on this agreement over the past 12 months. However they would like to renew the agreement as a measure of assurance to their regulatory commitments under the Act and to complement the existing service they provide. 

 

It is recommended the agreement be renewed for a further three years with an additional two year option.

 

The agreement is fully cost recovered and Council benefits from the arrangement with additional revenue. Estimated income of $1,500 per year.

N/A

 

Safe and Healthy Community

Objective: We are safe

Outcome: We create safe spaces and places

 

Staff will operate in accordance with workplace procedures to manage any risks identified.

Lockhart Shire Council has indicated they would like to renew the agreement as a measure of assurance to their regulatory commitments under the Act and to complement their existing service.

 

  

 

 

 

RP-5               Proposed Mobile Food Vending Trial

Author:          Dominic Kennedy 

Director:       Natalie Te Pohe

         

Analysis:

This report is for Council to consider a proposed Mobile Food Vending Trial to be conducted.

 

 

Recommendation That Council: a       authorise the General Manager or their delegate, to undertake an Expression of Interest Process for a Mobile Food Vending Trial to be conducted allowing the  vehicles to operate on public land in the Wagga Wagga local government area b       authorise the General Manager or their delegate, after assessment of the submissions, to conduct the Trial from 1 December 2018 to 30 May 2019 with the successful vendors c        receive a report following the Trial that: i         outlines how the Trial met the objectives outlined within this report ii        recommends whether or not to make the Trial permanent, in which case, a Policy and a Fee and Charge may be proposed d       continue to communicate with the representative groups identified in the consultation section in the body of this report and include their feedback in the report back to Council advising the outcomes of the trial

 

There are regular enquiries from mobile food vendors concerning Council’s current policy position regarding how they may operate on Council land and roads. Currently Council has no expressed policy position in relation to mobile food vendors, and no guidelines sufficient to address the enquiries.

 

Globally, there is a trend to encourage mobile food vendors, particularly food trucks, to operate in public places independently of organised events. Food trucks activate spaces, bring people together and provide an exciting range of choices in areas with sometimes limited options, which all enhance the liveability of an area. They offer not only diversity in food types, but are generally fast and can operate from multiple convenient and changing locations. The rapid and remarkable increase of food truck operators reflects a consumer preference for greater variety, and are an alternative to conventional brick and mortar dining and fast‑food options.

 

In supporting the community’s guiding principles of being a thriving and inclusive city (Wagga View – Community Strategic Plan 2040), a Mobile Food Vending Trial is proposed to be undertaken over the 2018/19 summer period. The Trial will inform the development of a formal Council Policy that once considered by Council and adopted, would apply to future requests from vendors.

 

 

The objectives of the Mobile Food Vending Trial are to:

·        Identify opportunities for food vending businesses within the Wagga Wagga local government area

·        Understand the current demand for mobile food vending in the Wagga Wagga local government area

·        Investigate and trial locations identified by food vendor businesses as preferred locations to sell

·        Understand the impacts of food vendor businesses in relation to:

o   how they activate open space

o   the environment

o   the community

o   entrepreneurialism; and

o   existing food businesses

·        Understand potential issues that may arise as a result of food vending operations

 

As part of the Trial, it is suggested that some of the conditions would be:

·        A No-Go zone in the Baylis Street and Fitzmaurice Street as outlined in the map in Attachment 5

·        Vendors cannot operate within 100 metres of a brick and mortar business selling a similar product

·        A limited number of Activity Approvals would be issued – between six and nine

·        Failure to comply with any of the above conditions or any legislative requirements, such as those within the Food Act 2003 or the Roads Act 1993 would result in compliance activity being undertaken

 

It should be noted that a mobile food vehicle is a registered vehicle under the Road Transport Act 2013 such as trucks and vans, and are used for the sale of food and drinks. Carts and other objects are not deemed a mobile food vehicle; and all mobile food vendors must still comply with the same rigorous health and safety standards that apply for fixed address food premises.

 

Applications for the Mobile Food Vending Trial would be sought through an Expression of Interest process, and assessed by officers utilising the following selection criteria:

·        Business plan

·        Marketing strategy

·        Employment plan

·        Evidence of adherence to all state requirements

·        Proposed operating locations/hours

·        Uniqueness/demand for their food type

·        Existing collaboration with local business

·        Completion of a Section 68 Activity Approval

Successful vendors would be required to participate in a survey to determine the feasibility of a permanent Mobile Food Vendor Policy, with the survey results also forming part of the report back to Council after the end of the Trial.

 

Mobile Food Vendors may currently operate at approved special events, such as festivals, fairs and shows with the permission of the event licence holder who holds a Section 68 approval. The Mobile Food Vendors are included on the approval with the submission of their public liability and motor vehicle insurances. It is proposed that the Section 68 approval is sought as part of the Expression of Interest process as outlined above.

 

Notwithstanding the evident popularity of mobile food vendors, there are a number of policy and management considerations that will need to be addressed in any permanent proposal, including public health and safety, traffic management, commercial utilisation of public spaces, and opposition from business and others who perceive negative impact in competition, amenity and convenience.

 

There appear to be two main policy and regulatory approaches that other local councils have introduced (based upon the Sydney Food Truck Trial Report, Sydney City Council 2014 – Attachment 3):

1.    Prohibit or significantly restrict the location, nature, and duration of mobile food vendors in order to protect existing fixed address food businesses and to avoid risk of traffic hazard, public safety, and amenity concerns; or

2.    Embrace the mobile food concept and:

a.         Initiate or incorporate mobile food vending into policies or programs which have an objective to enhance the attraction, experience, vibrancy, vitality or viability of a place; and

b.         Regulate to:

i.     Manage factors which may impact on health, safety and acceptance of mobile food vending and street eating – including public health and safety; toilet and waste facilities; parking, traffic management and pedestrian safety; proximity to established fixed address food establishments; and disturbance to amenity or convenience of adjacent use;

ii.    Designate on-road and off-road locations and periods during which mobile food vendors may operate or areas from which they are excluded;

iii.   Specify the number, nature and quality of vehicles and the food provided; and

iv.   Impose fees for use of public space for commercial purposes

It is intended that the outcome of the Trial is used to determine how each of the above policy and regulatory issues may be addressed for the Wagga Wagga local government area specifically. If the Trial was successful, a new Council Policy would be developed that would encompass the above factors.

A report would be presented to Council at the completion of the proposed Trial indicating how the Trial met the objectives outlined above and making a recommendation as to whether the Trial should become permanent, with the subsequent introduction of a Policy and appropriate Fee and Charge being imposed.

 

If the Trial proceeds, successful vendors will be charged $135 (GST Inclusive) for a Section 68 Approval (fee reference 0874) in accordance with Council’s Revenue and Pricing Policy.

·        Local Government Act 1993, Section 68

·        NSW Food Act 2003

·        NSW Road Rules 2014

·        NSW Mobile Food Vending Guidelines

·        Road Transport Act 2013

 

The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 was amended in February 2014 to allow mobile food vending vehicles to trade from private land without Council consent. Certain development standards apply including a requirement for the consent of the landowner, a limit of one vehicle per site and the hours of operation being restricted to 7am to 7pm in residential zones. Notification to Council is still required.

Community Place and Identity

Objective: We have opportunities to connect with others

Outcome: We activate our community spaces to promote connectedness

N/A

There has been a range of consultation undertaken to date in relation to the proposed Trial. It has been discussed with the owner of Infuso Coffee who operated under a temporary permit at Wagga Beach last summer. As part of this discussion, officers have requested feedback and suggestions on how a permanent program should be established if supported by Council.

 

Council staff from Newcastle and Albury have also been contacted to discuss how their Mobile Food Vending Policies were established, what community feedback they received and any lessons learned. This is briefly outlined in the Mobile Food Vendor Overview report in Attachment 1.

 

The Fact Sheet (Attachment 4) was distributed to the Wagga Wagga Business Chamber, Committee 4 Wagga, Women in Business along with the 9 vendors who had enquired over the past two months in order to gain feedback on the proposed Trial. An article on the front page (and continued on page 5) of the Daily Advertiser on 23 October 2018 in relation to the Trial encouraged feedback to be provided to Council and the Business Chamber. A two-week period to supply feedback was provided and reminders were also sent.

 

Feedback has been received from the Wagga Wagga Business Chamber who compiled responses from their membership. Of those responses, two were neutral and provided good suggestions, four were negative, and four were positive.

 

It is now proposed that a formal Expression of Interest process be undertaken for a Trial in order to gain the community’s input.

 

 

1⇩.	Mobile Food Vendor Overview
2.	2016 Food Truck Study - City of Sydney - Provided under separate cover
3.	Sydney Food Trucks Trial Report 2014 - Provided under separate cover
4⇩.	Fact Sheet
5⇩.	Mobile Food Vending Trial - Map

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RP-6               MANAGEMENT OF COMMUNICATION INFRASTRUCTURE ON CROWN LAND

Author:          Dianne Wright 

Director:       Natalie Te Pohe

         

Analysis:

This report is provided for the information of Council and to finalise an incomplete resolution of Council.

 

 

Recommendation That Council: a       note that Council is no longer authorised to grant leases or licences for the occupation of communication sites located on Crown Land b       note the proposed licence agreement with Wirefreebroadband Pty Ltd for the communications site on Willans Hill is unable to proceed

 

On 6 July 2018, Crown Land Management Rule 2018 (NO.1) (copy attached) was gazetted with effect from 1 July 2018. Under the rule, Crown Land Managers are not authorised to grant holdings for communication infrastructure located on Crown Land.

 

On 25 July 2016 Council resolved to (16/179.5):

 

a       enter into a Crown Licence Agreement with Wirefreebroadband Pty Ltd (ACN 131 514 406) upon the following terms:

i        Property – Telecommunications tower located within part Lot 2 DP 1177748

ii       Term – Three (3) years commencing 20 October 2015 and expiring 19 October 2018

iii      Rental – Annual amount of $4,345 inclusive of GST indexed annually to CPI

b       delegate authority to the General Manager to execute any necessary documents on behalf of Council

 

The report noted Crown Lands consent was required for the agreement. An application for consent to the agreement was subsequently made during August 2016. No definite response was received until 5 September 2018 when Crown Lands communicated gazettal of the above ruling, together with confirmation that it was not lawful for Council to grant the tenure.

 

Wirefreebroadband Pty Ltd have been advised of the ruling, the withdrawal of Council’s offer for a licence agreement, and the requirement to make direct application to Crown Lands for continued tenure of the site. 

 

Two other licence agreements for communication infrastructure at the same location will be similarly affected when they come up for renewal. These are Print Handicapped Radio of ACT Inc (expiring 31 March 2019), and Wagga Community Media Inc. (2AAAFM) (expiring 31 July 2020).

The removal of the licence agreement with Wirefreebroadband Pty Ltd will have a $3,950 (GST exclusive) negative impact on Council’s annual budget. This will be absorbed within the property management cost centre for this financial year, and will be adjusted for future years in the 2019/20 Long Term Financial Plan process.

Crown Lands Management Act 2016

Community Leadership and Collaboration

Objective: City of Wagga Wagga services reflect the needs of the community

Outcome: The City of Wagga Wagga has efficient and effective processes

 

N/A

N/A

 

 

1⇩.

Crown Land Management Rule (NO.1) - Gazetted 6 July 2018

 

 

 

 

 

RP-7               Proposed Easements for Services & Right of Carriageway within Lot 102 DP1012965

Author:          Dianne Wright 

Director:       Natalie Te Pohe

         

Analysis:

This report concerns the creation of third party easement interests over Council owned operational land.

 

 

Recommendation That Council: a       consent to the creation of easements for right of carriageway and services within Lot 102 DP1012965 at East Wagga Wagga b       delegate authority to the General Manager or their delegate to execute the agreements on behalf of the Council c        authorise the affixing of Council’s common seal to all relevant documents as required

 

Reference is made to Council owned operational land at Lot 102 DP 1012965, Tasman Road, East Wagga Wagga comprising 2.74 hectares of RE1 (Public Recreation) zoned land. Council has established an easement for levee 30 metres wide along the entire length of the land parcel.

 

On 28 August 2017 (resolution 17/299) Council agreed to:-

 

a       enter into a lease agreement with the Australian Clay Target Association Incorporated upon the following terms and special conditions:

i        Property – Lot 102 DP 1012965, Tasman Road, East Wagga

ii       Duration – 25 years commencing 1 July 2017 until 30 June 2042

iii      Rent – initially $590.00 per annum including GST as per Council’s minimum community rent set out in the adopted 2017/2018 Revenue & Pricing Policy

iv      Permitted Use – development of access roads and car park infrastructure

v       a First Right of Refusal to Purchase clause is to be incorporated into the lease

vi      the lease is to include a requirement for the lessee to maintain access to Lot 3 DP 869709

b       note the above development is subject to development consent

c                 delegate authority to the General Manager or their delegate to execute any necessary documents on behalf of Council

The purpose of the 2017 resolution was to promote development of a function centre, associated access road and car parking on land owned by the Australian Clay Target Association Incorporated and Council.

By necessity, an access road and underground services connecting with Copland Street transverse the Council land.

 

Council has been approached by the lessee’s surveyor requesting consent to the establishment of necessary easements right of carriageway and services within Council land at Lot 102 DP 1012965. Both easements are for the benefit of the adjoining land at Lot 10 DP1163676 owned by the Australian Clay Target Association Incorporated where the abovementioned function centre has been constructed.

 

No compensation is sought as the easements were integral to the development and are minor in nature. Accordingly, it is recommended that Council consent to the establishment of the proposed easements subject to the following:

 

1.      Payment of Councils’ application fee for acquisition of an easement in the sum of $400 including GST (fee reference 0422)

2.      All costs associated with creation of the easement are borne by the Australian Clay Target Association Incorporated including reimbursement of any costs incurred by Council.

N/A

The Environment

Objective: We plan for the growth of the city

Outcome: We have sustainable urban development

 

N/A

The Australian Clay Target Association Incorporated Surveyor

 

 

1⇩.	Location Map - Proposed Easements
2⇩.	Survey Plan - Proposed Easement

 

 

 

 

 

 

RP-8               Consolidation of Gregadoo Waste Managment Centre Lots

Author:          Darryl Woods 

Director:       Caroline Angel

         

Analysis:

This report concerns a proposal to consolidate multiple Council owned lots into a single land parcel.

 

 

Recommendation That Council: a       consent to the consolidation of Lots 57, 58, 59, 62, 63 & 97 DP 757246 and Lots 1 & 2 DP 580226 at Gregadoo Waste Management Centre into a single land parcel b       delegate authority to the General Manager or their delegate to execute the any necessary documents on behalf of the Council c        authorise the affixing of Council’s common seal to all relevant documents as required d       approve the budget variation as detailed in the Financial Implications section of this report

 

GWMC (Gregadoo Waste Management Centre) comprises approximately 260 hectares of Council owned Operational Land made up of eight individual lots, all lots are zoned SP2 (Special Purposes).

 

The EPL (Environmental Protection Licence) covers the operational areas of the site, while DA (Development Applications) are specific to lot numbers.  Historically activities that have been approved in DA’s have then been reflected in the EPL without specific reference to lot numbers or the operational activities.

 

The purpose of this report is to request Council approval for the consolidation of the GWMC lots into a single land parcel, which will allow for synchronisation of the approved activities and EPL across the site.

 

Development consent is not required for this proposal.

 

Council officers estimate that the development of the land and associated legal costs will be in the vicinity of $5K. It is proposed to fund this from the Solid Waste Reserve which has capacity.

N/A

 

 

The Environment

Objective: We plan for the growth of the city

Outcome: We have sustainable urban development

 

Misunderstanding and misalignment of the approved activity and EPL.

Current tenants of Gregadoo Waste Management Centre will be consulted.

 

  

 

 

 

RP-9               Response to Questions/Business with Notice

Author:                        Scott Gray 

General Manager:    Peter Thompson

         

Analysis:

This report is to provide responses to Questions/Business with Notice arising from previous Ordinary Council Meetings.

 

 

Recommendation That Council receive and note the report.

 

The following is in response to Questions/Business raised at the 29 October 2018Ordinary Council meeting.

 

Councillor K Pascoe raised his concern regarding the landscaping at the end of Fox Street and Thorne Street (intersecting Edward Street) being in very poor condition. Can something be done to improve these sites for passing traffic and the community.

Response provided by the Commercial Operations Directorate   Staff will undertake works which will include the removal of dead shrubs, spraying of weeds, pruning of existing shrubs and grasses, cutting back of suckers and mulching the garden beds. The Manchurian pears that are overhanging the road edge and footpath will also be pruned.   It is recommended that any planting replacements or additional plants be held off until April – May next year as the present conditions (even with irrigation) are not ideal for plant establishment.

 

Councillor K Pascoe raised the potential of a future Halloween event for Wagga Wagga including a street parade and festivities.

Response provided by the Community Directorate   Staff will investigate this suggestion in consultation with the community and internal/external stakeholders. Staff will provide a report back to Council which provides the feedback on the support for such an event and the cost to stage this level of event for the City.

 

N/A

Code of Meeting Practice

 

 

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We have leaders that represent us

 

N/A

N/A

 

  

 

   

 

Committee Minutes

M-1                 SISTER CITY COMMUNITY COMMITTEE MINUTES - 11 OCTOBER 2018

Author:                        Elizabeth Cox 

General Manager:    Peter Thompson

         

Analysis:

The Sister City Community Committee meeting was held on 11 October 2018. Minutes of the meeting are attached.

 

 

Recommendation That Council receive the minutes of the Sister City Community Committee Meeting held on 11 October 2018.

 

Attached are the minutes of the Sister City Community Committee meeting held on 11 October 2018. Of note at this meeting, the Committee resolved to accept updated designs for the Sister City signs to be erected at the Visitor Information Centre as per below.

 

  

 

Council resolved in February 2018 to accept a donation from the Miss Wagga Wagga Quest of an amount up to $2,000 for the development of Sister City signage.

 

The estimated cost for the final designs is $2,500 and the shortfall will be funded from the Sister City Reserve as per the previous resolution of Council from February 2018.

POL 025 Payment of Expenses and Provision of Facilities to Councillors

Community Place and Identity

Objective: We have opportunities to connect with others

Outcome: Groups, programs and activities bring us together

N/A

Consultation has occurred with the Sister City Community Committee and staff from the Visitors Information Centre.

 

 

1⇩.

Sister City Community Committee - Minutes - 11 October 2018

 

 

 

 

 

M-2                 Floodplain Risk Management Advisory Committee Meeting - 10 April 2018, 3 July 2018 and 14 August 2018

Director:       Caroline Angel

         

Analysis:

The Floodplain Risk Management Advisory Committee held meetings on 10 April 2018, 3 July 2018 and 14 August 2018.

 

 

Recommendation That Council receive the minutes of the Floodplain Risk Management Advisory Committee Meeting held on 10 April 2018, 3 July 2018 and 14 August 2018.

 

The Floodplain Risk Management Advisory Committee met on 10 April 2018, 3 July 2018 and 14 August 2018.

 

The minutes of these meetings are attached for Councillors' reference.

 

N/A

N/A

Community Leadership and Collaboration

Objective: We are informed and involved in decision making

Outcome: Everyone in our community feels they have been heard and understood

N/A

N/A

 

 

1⇩.	Floodplain Risk Management Advisory Committee Minutes - 10 April 2018
2⇩.	Floodplain Risk Management Advisory Committee Minutes - 3 July 2018
3⇩.	Floodplain Risk Management Advisory Committee Minutes - 14 August 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

M-3                 Airport Advisory Committee Meeting - 1 May 2018 and 8 August 2018

Director:       Caroline Angel

         

Analysis:

The Airport Advisory Committee held meetings on 1 May 2018 and 8 August 2018.

 

 

Recommendation That Council receive the minutes of the Airport Advisory Committee Meeting held on 1 May 2018 and 8 August 2018.

 

Meetings of the Airport Advisory Committee were held on 1 May 2018 and 8 August 2018. The minutes of these meetings are attached for Councillors' reference.

 

During the 2018/19 financial year, Council staff will work with the Airport Advisory Committee to review both the future operations and the capital requirements of the Airport. The comments and recommendations of the Airport Advisory Committee together with the financial position of the Airport will be presented to Council for approval of the sustainable fees and charges.

N/A

Community Leadership and Collaboration

Objective: We are informed and involved in decision making

Outcome: Everyone in our community feels they have been heard and understood

N/A

Fees and charges will form part of the public exhibition process.

 

 

1⇩.	Airport Advisory Committee Minutes - 1 May 2018
2⇩.	Airport Advisory Committee Minutes - 8 August 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

QUESTIONS/BUSINESS WITH NOTICE

 

Confidential Reports

CONF-1         PROPOSED LEASE TO MISSION AUSTRALIA

Author:          Dianne Wright 

Director:       Natalie Te Pohe

This report is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -

(d) (ii)    commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a competitor of the Council.        

 

 

 

CONF-2         STAGE 2 LEVEE & ACTIVE TRAVEL PLAN LAND ACQUISITIONS

Author:          Dianne Wright 

Director:       Natalie Te Pohe

This report is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -

(d) (ii)    commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a competitor of the Council.        

 

   

 

Present

The Mayor, Councillor Greg Conkey OAM

Councillor Yvonne Braid OAM

Councillor Dan Hayes

Councillor Vanessa Keenan

Councillor Rod Kendall

Councillor Tim Koschel

Councillor Kerry Pascoe

Councillor Dallas Tout

In Attendance

General Manager                                                                    (Mr P Thompson)

Director Finance                                                                     (Mrs N Te Pohe)

Director Community                                                               (Mrs J Summerhayes)

Director Commercial Operations                                          (Ms C Angel)

Manager Finance                                                                   (Mrs C Rodney)

Manager City Strategy                                                            (Mr T Kell)

Manager Executive Support                                                  (Mr S Gray)

Manager Procurement Services                                           (Mr D Butterfield)

Manager Project Delivery                                                      (Mr R Shah)

Manager Technical & Strategy                                              (Mr P Ross)

Manager Museum                                                                   (Mr L Grealy)

Corporate Governance Coordinator                                    (Mrs N Johnson)

Strategic Asset Planner (Parks & Recreation)                   (Mr B Creighton)

Senior Project Manager                                                         (Mr D Woods)

Gregadoo Waste Management Facility Manager              (Mr G Pym)

Project Coordinator                                                                 (Mr T Lemerle)

Communications & Engagement Officer                             (Mr J Lang)

Governance Officer                                                                (Ms B King)

Prayer

 

Almighty God,

 

Help protect our Mayor, elected Councillors and staff.

 

Help Councillors to govern with justice, integrity, and respect for equality, to preserve rights and liberties, to be guided by wisdom when making decisions and settling priorities, and not least of all to preserve harmony.

 

Amen. 

 

Acknowledgement Of Country

I would like to acknowledge the Wiradjuri people who are the Traditional Custodians of this Land. I would also like to pay respect to the Elders both past and present of the Wiradjuri Nation and extend that respect to other Community members present.

 

APOLOGIES

No apologies were received.

 

LEAVES OF ABSENCE

18/380       RESOLVED:                    On the Motion of Councillors V Keenan and R Kendall That Council grant a leave of absence for Councillor P Funnell for Monday, 29 October 2018 (inclusive) and Councillor T Koschel for Monday, 12 November 2018 (Inclusive). CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

 

CONFIRMATION OF MINUTES

 

CM-1         Ordinary Council Meeting - 8 October 2018

18/381       RESOLVED:                    On the Motion of Councillors K Pascoe and V Keenan  That the Minutes of the proceedings of the Ordinary Council Meeting held on 8 October 2018 be confirmed as a true and accurate record. CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

 

 

 

Declarations Of Interest

 

Councillor V Keenan declared a Non-Significant, Non-Pecuniary Interest in CONF-7 RFT2018-14 FOOD AND GARDEN ORGANICS ACCEPTANCE AND PROCESSING SERVICE the reason being that the company mentioned in the report are former clients from three years ago and vacated the chamber during its consideration.

 

Councillor K Pascoe declared a Pecuniary Interest in CONF-4 RFT2019-10 SUPPLY READY MIX CONCRETE & ASSOCIATED PRODUCTS the reason being that he does business with one of the Tenderers and vacated the chamber during its consideration.

 

PROCEDURAL MOTION - ENGLOBO

18/382       RESOLVED:                    On the Motion of Councillors R Kendall and T Koschel  That the standing orders be varied for the meeting as set out hereunder: ·    Items where councillors wish to speak ·    Items where no councillors wish to speak ·    Confidential ·    Matter of urgency ·    Closure of Meeting That RP-3, RP-6 to RP-9, M-1, CONF-1, CONF-3, CONF-6 be adopted as recommended in the business papers. CARRIED

 

REPORTS FROM STAFF

 

RP-1          ANNUAL FINANCIAL STATEMENTS

18/383       RESOLVED:                    On the Motion of Councillors R Kendall and V Keenan That Council: a       note the comments from the Audit, Risk & Improvement Committee regarding the 2017/18 Financial Statements b       approve the signing of the 2017/18 Financial Statements pursuant to Section 413 (2)(c) of the Local Government Act 1993 c       approve the closing balances of the Restricted Assets (Reserves) as at 30 June 2018 as detailed in Note 6 (c) - Cash & Investments d       receive a presentation from the NSW Audit Office on the audited financial reports and auditors report at the 26 November 2018 Council Meeting, pursuant to Section 418 (1) and provide public notice accordingly CARRIED

 

 

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

 

 

RP-2          Financial Performance Report as at 30 September 2018

18/384       RESOLVED:                    On the Motion of Councillors V Keenan and T Koschel That Council: a       approve the proposed 2018/19 budget variations for the month ended 30 September 2018 and note the balanced budget position as presented in this report b       approve the future year adjustments to the Long Term Financial Plan for loan repayments as detailed in this report c       approve the future year adjustment to the Long Term Financial Plan for a Regional Arts NSW event as detailed in this report d       provide financial assistance of the following amounts in accordance with Section 356 of the Local Government Act 1993: i)       The Women’s Domestic Violence Court Advocacy Service $1,298 ii)      Riverina Pregnancy and Baby Loss Support group (Bloss) $     85 e       note the Responsible Accounting Officer’s reports, in accordance with the Local Government (General) Regulation 2005 (Part 9 Division 3: Clause 203) that the financial position of Council is satisfactory having regard to the original estimates of income and expenditure and the recommendations made above f        note details of the external investments as at 30 September 2018 in accordance with section 625 of the Local Government Act 1993 g       in accordance with Regulation 212(1)(ii) of the Local Government (General) Regulation 2005, receive the report on council investments in the second Council meeting of each month CARRIED

 

 

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

 

 

RP-3          DISCLOSURE OF PECUNIARY INTEREST RETURNS - COUNCILLORS AND DESIGNATED STAFF 2018

18/385       RESOLVED:                    On the Motion of Councillors R Kendall and T Koschel  That the Register of Pecuniary Interest Returns, containing current returns for the period 1 July 2017 to 30 June 2018 be tabled in accordance with Section 449 of the Local Government Act. CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

 

 

 

RP-4          Proposed Voluntary Planning Agreement for environmental land associated with DA 17/0572 - Lot 39 Genista Place

18/386       RESOLVED:                    On the Motion of Councillors D Hayes and K Pascoe That Council: a       support the draft Voluntary Planning Agreement including the Explanatory Note relating to Lot 39 DP1085747 and associated with DA17/0572 b       place the draft Voluntary Planning Agreement including the Explanatory Note on public exhibition for a period of 28 days from 3 November 2018 until 1 December 2018, and invite public submissions on the Voluntary Planning Agreement until 15 December 2018 c       receive a further report following the exhibition and submission period: i         addressing any submission made in respect of the draft Voluntary Planning Agreement ii        proposing to enter into the Voluntary Planning Agreement unless there are any recommended amendments deemed to be substantial and require a further public exhibition period CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

 

 

RP-5          Lake Albert Blue Green Algae Remediation

18/387       RESOLVED:                    On the Motion of Councillors T Koschel and R Kendall That Council: a       endorse the pilot/trial of ultrasound technology for controlling cyanobacteria bloom in Lake Albert b       authorise the General Manager or their delegate to enter into a contract with Masonry Management Services Pty Ltd (ABN 67072 316477) trading as Envirosonic for provision of a 12 month trial of ultrasound technology as detailed in the body report c       receive a subsequent report in 12 months on the performance of the pilot/trial including recommendations on whether or not to purchase the installed system d       approve the budget variations as detailed in the confidential separate cover attachment e        undertake community consultation in relation to the project and provide guidance on safety management in relation to lake users when the buoys are located on the lake CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

 

 

RP-6          Gregadoo Waste Management Centre - Biosolid Processing

18/388       RESOLVED:                    On the Motion of Councillors R Kendall and T Koschel  That Council: a       note the contents of the report b       proceed to tender to seek interest from suitable and licenced companies to receive the Biosolids outlined in this report c       approve the budget variation/s as detailed in the budget section of the report CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

 

 

RP-7          Gregadoo Waste Management Centre - Gas Capture Network Extension and Gas Powered Evaporator

18/389       RESOLVED:                    On the Motion of Councillors R Kendall and T Koschel  That Council: a       note the contents of the report b       proceed to tender to seek interest from suitable companies to extend the gas capture network and supply and install a gas powered evaporator, as outlined in this report c       approve the budget variation/s as detailed in the budget section of the report CARRIED

 

 

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

 

RP-8          Gregadoo Waste Management Centre - Aceess Road and Fence Construction

18/390       RESOLVED:                    On the Motion of Councillors R Kendall and T Koschel That Council: a       note the contents of the report b       proceed to tender to seek interest from suitable contractors to construct the access road to the waste operator precinct, as outlined in this report c       approve the budget variation/s as detailed in the budget section of the report CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

 

 

RP-9          Gregadoo Waste Management Centre - Community Recycling Centre Funding Grant

18/391       RESOLVED:                    On the Motion of Councillors R Kendall and T Koschel  That Council: a       note the contents of the report b       accept the Environment Protection Authority (EPA) Community Recycling Centre (CRC) funding of $200K c       approve for the project to be included in Council’s 2018/19 Capital Works Program CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

 

COMMITTEE MINUTES

 

M-1            Audit, Risk and Improvement Committee Minutes - 11 October 2018

18/392       RESOLVED:                    On the Motion of Councillors R Kendall and T Koschel  That Council endorses the recommendations contained in the minutes of the Audit, Risk and Improvement Committee Meeting held on 11 October 2018. CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

 

 

QUESTIONS/BUSINESS WITH NOTICE

 

The following Questions / Business with Notice were raised with no further action required. 1.       Councillor D Hayes requested a timeframe on when the Complaint Handling Policy and review will be reported back to Council? The General Manager stated that a report on complaint handling will be presented to Council by the end of November 2018.   2.       Councillor D Hayes congratulated all Council staff and the community for the successful Fusion event celebrating multiculturalism and diversity in Wagga Wagga. Councillor D Hayes also requested that Council continue to look at ways to promote and lead diversity and multiculturalism in Wagga Wagga in more ways and not to save it for one event per year.   The Mayor Greg Conkey OAM advised his attendance at Diversity Day on 28 October 2018 at the Botanic Gardens celebrating multiculturalism in Wagga Wagga. He advised this event is another opportunity to celebrate being a proud multicultural City.   3.       Councillor T Koschel represented Council at the Southern Sports Academy Presentation night on Friday, 19 October 2018. He thanked the organisers for a very well run night showcasing what the next generation have been able to achieve, with some great positive things coming through for our youths of the Wagga Wagga region.   4.       Councillor K Pascoe raised his concern regarding the landscaping at the end of Fox Street and Thorne Street (intersecting Edward Street) being in very poor condition. Can something be done to improve these sites for passing traffic and the community.   5.      Councillor K Pascoe raised the potential of a future Halloween event for Wagga Wagga including a street parade and festivities.

closed COUNCIL

18/393       RESOLVED:                    On the Motion of Councillors R Kendall and V Keenan That the Council now resolve itself into a Closed Council, the time being 6.19pm. CARRIED

AT THIS STAGE OF THE MEETING THE PRESS AND PUBLIC GALLERY RETIRED FROM THE COUNCIL MEETING.

 

 

 

 

CONFIDENTIAL REPORTS

 

CONF-1    RFT2019-11 LANDSCAPE DESIGNS RIVERSIDE STAGE II

18/394       RESOLVED:                    On the Motion of Councillors R Kendall and T Koschel  That Council a       accept the price of GHD Pty Ltd (ABN: 39 008 488 373) for the Riverside Stage II landscape designs of $293,337 excluding GST b       authorise the General Manager or their delegate to enter into a contract with GHD Pty Ltd (ABN: 39 008 488 373) for the Riverside Stage II landscape designs c       authorise the affixing of Council’s Common Seal to all relevant documents as required CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

 

CONF-2    Proposed Easement for Transmission Line - East Bomen Road and Trahairs Road

18/395       RESOLVED:                    On the Motion of Councillors R Kendall and T Koschel That Council: a       permit the creation of an easement for a transmission line across East Bomen Road, Bomen subject to such easement being conditional on there being no future compromise of Councils use of the public road area for the provision of future public infrastructure b       permit the creation of an easement for a transmission line across Trahairs Roads, Bomen subject to such easement being conditional on there being no future compromise of Councils use of the public road area for the provision of future public infrastructure c       delegate authority to the General Manager or their delegate to execute any necessary documents on behalf of the Council d       authorise the affixing of Council’s common seal to all relevant documents as required e        requires that the easement is to be extinguished should the solar farm use cease  CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

 

CONF-3    RFT2018-34 MAIN WAGGA LEVEE UPGRADE STAGE 2

18/396       RESOLVED:                    On the Motion of Councillors R Kendall and T Koschel  That Council: a       accept the price of Murray Constructions Pty Ltd (ABN: 61 003 546 629) for the  Main City Levee Upgrade Stage 2 of $9,694,727.27 excluding GST b       authorise the General Manager or their delegate to enter into a contract with Murray Constructions Pty Ltd (ABN: 61 003 546 629) for the Main City Levee Upgrade Stage 2 c       authorise the affixing of Council’s Common Seal to all relevant documents as required d       approve the budget variations as detailed in the financial implications section of the report CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

 

CONF-4    RFT2019-10 SUPPLY READY MIX CONCRETE & ASSOCIATED PRODUCTS

Councillor K Pascoe declared a Pecuniary Interest and vacated the chamber, the time being 6:40pm.

18/397       RESOLVED:                    On the Motion of Councillors T Koschel and D Hayes That Council: a       accept the tender of Mercury Group Pty Ltd T/a Supermix Concrete for the supply of Ready Mix Concrete and Associated Products in the schedule of rates submitted in their tender b       authorise the General Manager or their delegate to enter into a contract with  Mercury Group Pty Ltd T/a Supermix Concrete for the supply of Ready Mix Concrete and Associated Products for a period of 12 months c       authorise the General Manager or their delegate to extend the contract for 1 x 12 month period subject to satisfactory performance d       authorise the affixing of Council’s Common Seal to all relevant documents as required CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
D Tout

 

Councillor K Pascoe re-entered the chamber, the time being 6:40pm.

 

CONF-5    POTENTIAL EVENT OPPORTUNITY

18/398       RESOLVED:                    On the Motion of Councillors D Hayes and K Pascoe That Council: a       delegate authority to the General Manager or their delegate to negotiate with the Australian Football League (AFL) in regards to potentially hosting a future Australian Football League Women’s (AFLW) premiership match b       delegate authority to the General Manager to enter into an agreement with the AFL should negotiations be successful, subject to the budget proposed in the Financial Implications section of this report CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

 

CONF-6    RFT2019-07 MUSEUM REDEVELOPMENT DETAILED DESIGN

18/399       RESOLVED:                    On the Motion of Councillors R Kendall and T Koschel  That Council: a       accept the price of Panovscott Pty Ltd (ABN: 59 606 735 844) for the Museum Redevelopment Detailed Design of $166,360 excluding GST b       authorise the General Manager or their delegate to enter into a contract with Panovscott Pty Ltd (ABN: 59 606 735 844) for the Museum Redevelopment Detailed Design b       authorise the affixing of Council’s Common Seal to all relevant documents as required CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

 

 

 

CONF-7    RFT2018-14 FOOD AND GARDEN ORGANICS ACCEPTANCE AND PROCESSING SERVICE

Councillor V Keenan declared a Non-significant, Non-Pecuniary Interest and vacated the chamber, the time being 6:45pm.

18/400       RESOLVED:                    On the Motion of Councillors K Pascoe and D Hayes That Council: a       accept the offer of Worm Tech Pty Ltd (ABN: 72 143 326 327) for processing of food and garden organics materials for a period of two years plus 3 x 12 months options b       authorise the General Manager or their delegate to enter into a contract with Worm Tech Pty Ltd (ABN: 72 143 326 327) for processing of food and garden organics materials for a period of two years plus 3 x 12 months options c       authorise the General Manager or their delegate to extend the contract for 3 x 12-months at the sole discretion of Council d       note that the Gregadoo Facilities Access Fee (item 0948) adopted in Council’s 2018/19 Fees and Charges ($7.32 GST inclusive for 2018/19), will be applied and amended if Council so adopt a revised fee within the contract period e       authorise the affixing of Council’s Common Seal to all relevant documents as required CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
D Hayes
R Kendall
T Koschel
K Pascoe
D Tout

 

Councillor V Keenan re-entered the chamber, the time being 6:52pm.

 

 

Reversion to open COUNCIL

18/401       RESOLVED:                    On the Motion of Councillors R Kendall and T Koschel That this meeting of the Closed Council revert to an open meeting of the Council, the time being 6.52pm. CARRIED

 

 

THIS COMPLETED THE BUSINESS OF THE COUNCIL MEETING WHICH ROSE AT 6.56pm.

 

 

…………………………………………………..

                                                                                                      MAYOR