Agenda of Ordinary Meeting of Council

Reports submitted to the Ordinary Meeting of Council to be held on Tuesday 8 October 2019.

Ordinary Meeting of Council AGENDA AND BUSINESS PAPER

Tuesday 8 October 2019

ORDER OF BUSINESS:

CLAUSE PRECIS PAGE

PRAYER 2

ACKNOWLEDGEMENT OF COUNTRY 2

APOLOGIES 2

CONFIRMATIONS OF MINUTES 2

CM-1 ORDINARY COUNCIL MEETING - 23 SEPTEMBER 2019

DECLARATIONS OF INTEREST 2

Reports from Staff

RP-1 DA18/0408 - Pig Farm (Intensive Livestock Agriculture) – 15,000 Standard Pig Unit Facility and associated infrastructure 3

RP-2 DISCLOSURE OF PECUNIARY INTEREST RETURNS - COUNCILLORS AND DESIGNATED STAFF 2019 8

RP-3 Deaccessioning of Mural on Bolton Park amenities block 10

RP-4 Business Survey 13

RP-5 Renew Australia program trial 194

RP-6 Replacement Kerbside Bin and Kitchen Caddy Clarification of Fees 216

QUESTIONS/BUSINESS WITH NOTICE 221

Confidential Reports

CONF-1 SPORTING HALL OF FAME CRITERIA 222

CONF-2 RFT2020-02 FARRER ROAD WIDENING DESIGN AND CONSTRUCT 223

PRAYER

ACKNOWLEDGEMENT OF COUNTRY

APOLOGIES

Confirmation of Minutes

CM-1 ORDINARY COUNCIL MEETING - 23 SEPTEMBER 2019

Recommendation

That the Minutes of the proceedings of the Ordinary Council Meeting held on 23 September 2019 be confirmed as a true and accurate record.

Attachments

1 ⇩.

Minutes - Ordinary Council Meeting - 23 September 2019

224

DECLARATIONS OF INTEREST

Report submitted to the Ordinary Meeting of Council on Tuesday 8 October 2019

RP-1

Reports from Staff

RP-1 DA18/0408 - Pig Farm (Intensive Livestock Agriculture) – 15,000 Standard Pig Unit Facility and associated infrastructure

Author: Cameron Collins

General Manager: Peter Thompson

Summary:

The report is for a development application and is presented to Council for determination. The application has been referred to Council under Section 1.10 of the Wagga Wagga Development Control Plan 2010 (WWDCP) as the number of submissions in the form of objections received is more than 10.

Recommendation

That Council approve DA18/0408 for a pig farm (intensive livestock agriculture) incorporating a 15,000 standard pig unit facility and associated infrastructure at 240 Flanagans Road, Matong, Lots 48, 51 & 54 DP 750854 and Lot 1 DP 1085420 subject to conditions outlined in the Section 4.15 assessment report for DA18/0408.

Development Application Details

Applicant	Pig Improvement Company Australia Pty Ltd (PICA)
Owner	Sunpork Pty Ltd Directors: Donald Clarendon Taylor John Beauchamp Cameron Brian John McLean Kenneth Beauchamp Cameron Simon Alexander Hall Pamela Anne McLean Enzo Allara Robert John van Barneveld David Roger Alexander Hall Secretary: Geoffrey Miller
Development Cost	$9,000,000
Development Description	Pig Farm (Intensive Livestock Agriculture) – 15,000 Standard Pig Unit Facility and associated infrastructure

Report

Key Issues

The proposal is ‘designated development’ under the EP&A Act because of the size of the piggery. As ‘designated’ development, the application is accompanied by an Environmental Impact Statement (EIS) prepared in accordance with the Planning Secretary’s Environmental Assessment Requirements (SEAR’s). The EIS addresses the potential impacts of the piggery including waste, odour, noise and traffic

The proposal is ‘integrated development’ because it also requires a license under the NSW Protection of the Environment Operations Act 1997. General Terms of Approval have been issued by the NSW Environment Protection Authority.

Public notification of the application resulted in the receipt of a significant number of public submissions in the form of objections.

The site adjoins both the Coolamon Shire LGA and the Narrandera Shire LGA. Submissions received from both Council’s did not result in any significant concerns.

All key issues are addressed within the attached Section 4.15 assessment report.

Assessment

The development application is for ‘intensive livestock agriculture’ comprised of a 1,200 sow ‘farrow to finish’ piggery on a 604ha rural property in Flanagans Road, south of Matong. The proposal is ‘designated’ and ‘integrated’ development and as is required by the Environmental Planning and Assessment Regulation 2000, the application is accompanied by an EIS and addresses the Planning Secretary’s Environmental Assessment Requirements (SEAR’s).

The application has been referred to relevant government agencies and publicly exhibited in accordance with the requirements for designated development. The application attracted a significant number of objections from across the country mostly on the grounds that the operation of indoor piggeries in general is tantamount to animal cruelty and that the facility presents as an unacceptable environmental risk. No objections were received from government agencies and there was a small number of local submissions in support of the proposal.

The application has been assessed against the requirements of Section 4.15 of the EP&A Act (see attached assessment report), that sets out the matters a consent authority (in this case Wagga Wagga City Council) must consider development applications against. In particular, consideration has been given to the environmental impacts of the piggery and the proposed means of mitigating any detrimental impacts.

As detailed in the attached Section 4.15 assessment report, it is concluded there are no justifiable grounds for refusing the application. Consequently, the application is recommended for approval subject to conditions imposed under Section 4.17 of the EP&A Act.

Reasons for Approval

The development is consistent with the aims, objectives and provisions of both the Wagga Wagga Local Environmental Plan 2010, Wagga Wagga Development Control Plan 2010 and relevant state planning policies.

The application has been assessed against the heads of consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979 and deemed to be satisfactory with regard to the impacts of the development and the proposed means of mitigating against the impacts.

General Terms of Approval have been issued by the Environment Protection Authority (EPA) with respect to an Environmental Protection License under the Protection of the Environment Operations Act 1997.

Site Location

The site for the piggery is centrally located on a large rural land parcel comprised of four lots with a total area of 604 hectares. The land has frontage to Flanagans Road with the proposed access being approximately 2.5 kilometres north of its intersection with Old Narrandera Road. The subject land is approximately 10 kilometres to the south west of Matong, 25 kilometres east of Narrandera and 55 kilometres west of Wagga Wagga. It abuts the Narrandera Shire to the west and Coolamon Shire to the north east.

Financial Implications

N/A

Policy

N/A

Link to Strategic Plan

The Environment

Objective: We plan for the growth of the city

Outcome: We have sustainable urban development

Risk Management Issues for Council

Refusal of the application may result in an appeal process in the Land and Environment Court which will have to be defended by Council. The reasons for refusal will have to be justified and withstand scrutiny and cross examination in Court.

Approval is not considered to raise risk management issues for Council as the proposed development is generally consistent with the relevant provisions of the Wagga Wagga Local Environmental Plan 2010 and the Wagga Wagga Development Control Plan 2010.

Internal / External Consultation

Full details of consultation are provided within the attached Section 4.15 assessment report.

With regard to the attached redacted public submissions please note that this contains:

• 7 submissions in support (all local).

• 4 objections from adjoining or nearby landowners/occupants.

• 10 individual and unique objections from farther afield.

• 8 objections from organisations (including political parties).

• 1 copy of the133 individual objections based on a 16-page pro forma submission (or a variation thereof).

• 1 copy of the written content of 2 petitions against the development:

o an on-line petition hosted by Animal Liberation, objecting to the application containing more than 3,500 claimed signatories (at the time of drafting this report).

o an on-line petition hosted by Say No To Pig Improvement Company’s Expansion In Matong objecting to the application and containing more than 5,500 claimed signatories (at the time of drafting this report).

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

Involve

Collaborate

Attachments

1 ⇨.	DA18-0408 - Environmental Impact Statement - Provided under separate cover
2 ⇨.	DA18-0408 - Site Plans - Provided under separate cover
3 ⇨.	DA18/0408 - Building Plans - Provided under separate cover
4 ⇨.	DA18/0408 - Government Submissions - Provided under separate cover
5 ⇨.	DA18-0408 - Redacted Public Submissions - Provided under separate cover
6 ⇨.	DA18-0408 - Applicant's Response to Government Submissions - Provided under separate cover
7 ⇨.	DA18-0408 - Applicant's Response to Public Submissions - Provided under separate cover
8 ⇨.	DA18-0408 - Section 4.15 Assessment Report - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Tuesday 8 October 2019

RP-2

RP-2 DISCLOSURE OF PECUNIARY INTEREST RETURNS - COUNCILLORS AND DESIGNATED STAFF 2019

Author: Neil McDermott

Director: Peter Thompson

Summary:

Clause 4.21 of the Model Code of Conduct requires all Councillors and Designated Staff to complete an annual Disclosure of Pecuniary Interest Return.

Recommendation

That the Register of Pecuniary Interest Returns, containing current returns of Councillors and Designated Staff for the period 1 July 2018 to 30 June 2019 be tabled in accordance with Clause 4.21 of the Model Code of Conduct.

Report

Each year, Councillors and Designated Staff are required under Clause 4.21 of the Model Code of Conduct (the Code) to complete an annual Disclosure of Pecuniary Interest Return.

A Pecuniary Interest is described in Clause 4.1 of the Code as “an interest that you have in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to you or a person referred to in clause 4.3 of the Code”.

The Code also states, that:

4.21 A councillor or designated person must make and lodge with the general manager a return in the form set out in schedule 2 to this code, disclosing the councillor’s or designated person’s interests as specified in schedule 1 to this code within 3 months after:

(a) becoming a councillor or designated person, and

(b) 30 June of each year, and

(c) the councillor or designated person becoming aware of an interest they are required to disclose under schedule 1 that has not been previously disclosed in a return lodged under paragraphs (a) or (b).

4.22 A person need not make and lodge a return under clause 4.21, paragraphs (a) and (b) if:

(a) they made and lodged a return under that clause in the preceding 3 months, or

(b) they have ceased to be a councillor or designated person in the preceding 3 months.

4.23 A person must not make and lodge a return that the person knows or ought reasonably to know is false or misleading in a material particular.

4.24 The general manager must keep a register of returns required to be made and lodged with the general manager.

4.25 Returns required to be lodged with the general manager under clause 4.21(a) and (b) must be tabled at the first meeting of the council after the last day the return is required to be lodged.

4.26 Returns required to be lodged with the general manager under clause 4.21(c) must be tabled at the next council meeting after the return is lodged.

4.27 Information contained in returns made and lodged under clause 4.21 is to be made publicly available in accordance with the requirements of the Government Information (Public Access) Act 2009, the Government Information (Public Access) Regulation 2009 and any guidelines issued by the Information Commissioner.

Council reviewed its list of Designated Persons and, as a result, expanded the number of persons who are required to complete and lodge a Return under Clause 4.21, as above.

Lodgement of Declarations of Pecuniary Interest Returns was required by 30 September 2019. Returns were received from seven of nine Councillors and all Designated Persons within the prescribed period and as required under the Code.

Accordingly, Council’s register of Pecuniary Interest Returns 2019 is submitted to this meeting of Council in accordance with the Code.

The Register of Pecuniary Interest Returns is available for inspection at Council’s Civic Centre offices during ordinary business hours.

Financial Implications

N/A

Policy and Legislation

Clause 4.21 of the Model Code of Conduct

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We are accountable and transparent

Risk Management Issues for Council

N/A

Internal / External Consultation

N/A

Report submitted to the Ordinary Meeting of Council on Tuesday 8 October 2019

RP-3

RP-3 Deaccessioning of Mural on Bolton Park amenities block

Author: Tim Kurylowicz

Director: Janice Summerhayes

Summary:

With the demolition of the Bolton Park amenities block planned, the mural Untitled by Fintan Magee will also be removed. This report, on the recommendation of the Public Art Advisory Panel (PAAP), seeks Council’s support to deaccession (remove) the mural from Council’s Public Art Collection register in accordance with POL 109 Public Art Policy.

Recommendation

That Council:

a authorise the deaccessioning of artwork PA76 Untitled, by Fintan Magee from Council’s Public Art Collection register

b authorises Council Officers to dispose of the artwork as outlined in this report, and in accordance with POL109 Public Art Policy

Report

At the 26 August 2019 Ordinary Council Meeting it was resolved:

That Council approve the budget variations as detailed in the financial implications section of the report to allow for the construction of the Bolton Park amenities as per the Bolton Park Master Plan.

This resolution incorporates the demolition of the existing amenities block and the construction of the new multi-purpose amenities block and canteen to be relocated to the north of Geoff Lawson Oval.

With the demolition of the Bolton Park amenities block planned, the mural Untitled by Fintan Magee will also be removed as it is located on the northern and eastern walls of this asset. This report, on the recommendation of the Public Art Advisory Panel (PAAP), seeks Council’s support to deaccession (remove) the mural from Council’s Public Art Collection register in accordance with POL 109 Public Art Policy.

Deaccessioning is the administrative process whereby an item is removed from Council’s Public Art Collection register and ceases to be actively maintained by Council staff. Deacessioning typically occurs when an artwork is damaged or lost, presents a hazard to the public or reaches the end of its design life. In this instance, the artwork is being recommended for deaccessioning as it is affixed to an asset scheduled for demolition.

Background to the Public Art Mural

In 2013 Council commissioned Fintan Magee to undertake the Bolton Park Urban Art Project, which incorporated a stencil-making workshop for young people (held during Youth Week 2013) and the application of a mural to all four sides of the Bolton Park amenities block. Fintan Magee is a Lismore-born Australian artist whose murals adorn buildings, silos and civic structures around the world.

Method of Disposal

POL109 Public Art Policy establishes a hierarchy to govern the disposal of deaccessioned works, which is as follows:

· Offered to the artist, or family representative if the artist is deceased;

· Returned to the donor;

· Donation to another institution; or

· Destruction

As the artwork is bonded to the fabric of the amenities block structure, the only disposal option available to Council is destruction. The Bolton Park Amenities project will address an identified community need by replacing a building that is no longer fit for purpose and provide an inclusive facility that will meet current and future requirements. It is not practical to reuse the existing material due to the damage that would take place during the demolition.

Project Legacy

Council staff prior to destruction would carry out the following steps:

· The artist is notified of Council’s decisions and plans regarding this artwork

· Staff ensure the mural has been photographed prior to destruction

Financial Implications

The mural will be removed from Council’s asset register and its value written off. It is anticipated that there could be public art included in the future stages of the Bolton Park Precinct masterplan however there is no plan or budget to include a mural as a part of the new amenity block design and construction budget.

At the time of the Bolton Park Urban Art Project the cost paid for this mural was $3800, and the work’s present insurance value is $15,000.

Policy and Legislation

POL 109 Public Art Policy

Link to Strategic Plan

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

Risk Management Issues for Council

Safety hazards associated with the demolition of the amenities block will be managed within the scope of that project.

Internal / External Consultation

Contact has been made with the Artist in confirming the deaccessioning process of this public art work. Consultation has occurred with the Public Art Panel. Council staff will attempt to notify participants of Fintan Magee’s stencil-making workshop, and schedule a Council News story to alert the broader community prior to the demolition of the structure.

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

Involve

Collaborate

Report submitted to the Ordinary Meeting of Council on Tuesday 8 October 2019

RP-4

RP-4 Business Survey

Author: Dominic Kennedy

Director: Michael Keys

Summary:

This report presents the findings of the final stage of the Business Survey conducted by Micromex Research for Wagga Wagga.

Recommendation

That Council receive and note the findings of the report.

Report

Study purpose

An economic development study was conducted by Micromex Research over Q1 and Q2 of 2019. The intent of this study was to gather the raw data required to not only guide the development of an economic development strategy, but to also help establish a benchmark for future studies.

The four main objectives of the study were to:

1. Engage with the Wagga Wagga business community to ensure that Council continues to be well informed about business issues and trends in Wagga Wagga

2. Identify potential areas for Council action to promote economic development and increase the competitiveness of local businesses

3. Gauge how Wagga Wagga is perceived by outside investors and help define Wagga Wagga’s identity in order to attract investment that supports Wagga Wagga’s vision

4. Provide statistical information which is of particular interest to the business community

Methodology

In order to guide the study development and engage with all sectors of the business community, a three-stage process was conducted:

1. Councillor survey

a. A six-question survey was distributed to Councillors requesting feedback on key industries for Wagga’s economic growth and what is unique, from a business investment perspective, about the region (N=4 completes achieved)

2. Stakeholder in-depth interviews

a. Business leaders and stakeholders were interviewed by phone (N=15)

b. Questions were related to key regional industries, business perceptions and business challenges

3. Business community survey

a. Telephone interviewing (CATI) was conducted from 7–14 May 2019 (N=202)

b. Online survey was open from 7-31 May 2019 (N=36)

c. Both online and phone survey questions were related to economic trends, key regional industries, business perceptions, business challenges and business operations

Results

The final report has now been received and included as Attachment 1 for Council’s reference. Some key findings include:

Businesses in Wagga are generally positive

· 70% indicated they are confident about their business prospects over the last two years and 68% are positive about the future

· 51% have experienced increased capital expenditure in the last 2 years – they’re investing in the area

· 96% indicated they’re “not very/not at all likely to move their business away from the region over the next two years

· 60% indicated they’re “likely/very likely” to actively encourage businesses to move to the Wagga region

If businesses get further support, it may give them the confidence to invest/grow

· 21% of businesses are “somewhat confident” in their business prospects

· 32% are somewhat likely to expand their business

· Perceptions of future growth are more positive than current economic health

Why do they like doing business in Wagga?

These should reflect Wagga’s unique value proposition which is how we should sell the region to investors.

1. Liveability was most dominant reason – 25% of respondents said that was the only good thing about doing business in Wagga

2. Location – close to Sydney, Melbourne and Canberra, a hub for the regional areas

3. Economic and population growth potential

4. Lower running costs

5. Ease of getting around/lack of congestion

6. Education opportunities

7. Strong existing client base – circular economy

Key Challenges

1. Climate uncertainty/less predictable rain

2. Increased competition

3. Influence of state/federal government politics and regulation

4. Wagga is not promoted enough to attract people/business

5. Other challenges: lack of parking, competition from online business

The statistically valid data came from the telephone surveys. The online portion of the survey was self-selecting and yielded only 36 responses. The online respondents were generally more positive, but more concerned about the influence of State and Federal Government.

Next steps

The study will be made available through Council’s website and sent to local stakeholders for their review. Council staff will utilise the information and other resources to guide the development of an economic development strategy for the region. This will be a more customised strategy and include more local input than the Regional Economic Development Strategy (REDS) already presented by the state. Staff will undertake further consultation prior to presenting an Economic Development Strategy.

One of the key findings of the study will also be addressed by Council staff immediately through our business development efforts. A high proportion of respondents indicated that they would actively encourage other businesses to move to Wagga. We will look to leverage this goodwill and promote why our local organisations chose to do business in Wagga Wagga. An investor is much more likely to be influenced by a peer describing Wagga’s benefits.

Financial Implications

N/A

Policy and Legislation

N/A

Link to Strategic Plan

Growing Economy

Objective: We are a Regional Capital

Outcome: We attract and support local businesses and industry

Risk Management Issues for Council

There are no risks to Council. This was a professionally conducted study with all personal and company specific details removed from any reports.

Internal / External Consultation

It is proposed to provide specific briefings to key stakeholder groups such as: Business Chamber, Committee 4 Wagga, Women in Business, and BEC Advisors. The Micromex report will also be placed on the Council website and distributed via email to stakeholders.

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

Involve

Collaborate

Attachments

1 ⇩.

Economic Development study - Micromex report

Report submitted to the Ordinary Meeting of Council on Tuesday 8 October 2019

RP-4

Report submitted to the Ordinary Meeting of Council on Tuesday 8 October 2019

RP-5

RP-5 Renew Australia program trial

Author: Dominic Kennedy

Director: Michael Keys

Summary:

Proposal to trial the Renew Australia model in the lead up to Christmas as a means of reinvigorating Wagga Wagga’s CBD.

Recommendation

That Council;

a approve the implementation of a trial within the Wagga Wagga CBD for the Renew Australia program;

b approve $4,000 to cover Renew Australia Affiliate Membership and implementation costs; and

c receive a report following the trial regarding the impact and success of the program.

Report

SUMMARY

Council staff have been reviewing ways to reinvigorate the Wagga CBD. One option is to implement the Renew Australia program, which is based on the Renew Newcastle program that began in 2008.

Renew Newcastle was able to bring nearly 40 new creative projects and enterprises - both temporary and ongoing - into the city centre in the first 12 months. Within the first year, the initial area of the city targeted by Renew Newcastle - the Hunter Street mall - was transformed from an empty area in the city to a busy centre of creativity and activity. By the end of that first year, many new commercial tenants were opening, and activity and interest was returning to the mall at a level not seen in decades.

Council staff and Eastern Riverina Arts have been in discussion with Renew Australia, PRD Real Estate and a number of artists to trial an ‘empty spaces’ project in Wagga Wagga’s CBD. Eastern Riverina Arts is seeking an investment of $4000 + GST from Wagga Wagga City Council to assist in trialling the project.

THE NEED

Currently there are numerous empty shopfronts on Baylis St, Fitzmaurice St and intersecting streets. The empty shopfronts create a break in activity and commercial or retail interest in our active streets. One of the reasons for the number of vacancies is that commercial rates for properties are out of reach of new creative micro-enterprises interested in exploring creative industries, new retail, or gallery spaces.

An Eastern Riverina Arts survey of 126 creative practitioners in 2018 saw the following facilities as most needed to support their practice or business:

	Somewhat needed	Really needed
Pop-up retail space	33%	41%
Gallery for development and experimental work	21%	58%
Gallery (retail)	31%	40%
Studio Space (clean) – subsidised	28%	48%
Studio Space (dirty/wet) – subsidised	23%	38%
Office space subsidized	31%	22%
Space to deliver workshops	24%	53%

When asked about existing infrastructure the key issues were cost of spaces (56%) and lack of spaces (47%).

THE PROPOSAL

Eastern Riverina Arts would become an affiliate member of Renew Australia and administer a program of sourcing and co-ordinating vacant spaces. ERA would match prospective creative practitioners, artists and micro-creative business with vacant spaces. Each space would be made available on 30-day rolling licenses. ERA would call for expressions of interest from the creative community for any available spaces. There would be expectations placed on those taking on the spaces to activate the space, to be open at certain times and to deliver public programs

WHY RENEW AUSTRALIA?

As an affiliate member of Renew Australia, Eastern Riverina Arts would access the expertise including standard agreements and be able to source low cost insurance for participants. It is a brand that is trusted around the country and would provide Council and property owners with assurance of working with tried and tested models and legal arrangements, minimising risk. Eastern Riverina Arts would be able to commence the project quickly without needing to develop specific local materials. Council has worked on a number of projects and is currently planning other projects with Eastern Riverina Arts. The existing projects have been successful, and we have a strong working relationship with this group.

COST

In the initial stages an affiliate membership with Renew Australia would cost $3000 + GST. This would allow for up to 4 spaces at any one time being covered under the membership. Eastern Riverina Arts are also seeking additional funding of $1000 + GST to cover in the first instance some initial marketing, and setup costs. ERA would provide the coordination as in-kind contribution to the project.

TIMEFRAME

Although fast approaching, it is anticipated that utilising the proven framework and resources of Renew Australia, Eastern Riverina Arts would be able to get the first space up and running before Christmas.

INITIAL PROPERTIES

In order to get the program initiated before Christmas, Eastern Riverina Arts have begun discussions with PRD who have a property owner with interest in two shopfronts on Forsyth St (east side of Baylis St). We will be looking to secure these at first before exploring other potential properties. Other properties could then be included from other realtors through an expression of interest process, subject to their interest and support in the program.

A steering committee would be established to review the EOI applications.

INITIAL DISCUSSIONS WITH ARTISTS

We have received an expression of interest from a group of emerging creatives. Their idea is a space for workshops, galleries and small performances with a regularly changing roster of artists and activities. This space would be co-ordinated primarily by the team from Salad Days, who host the Half Way Print Fest, an event supported by Wagga Wagga City Council three years running through the cultural grant program.

For the other shop, we would call for expressions of interest from artists to use as shared studio space.

As part of our risk management strategy we would ensure that any artist applying would commit to working in a manner consistent with Eastern Riverina Arts’ values of Connectedness, Inclusiveness and Professionalism.

EXPANSION

Eastern Riverina Arts is planning a Stronger Communities Grant to further develop the notion of Creative Spaces & Empty Spaces due for submission at the end of September.

There is also potential once this is up and running and we can show proof of concept that we will be able to attract more partnerships through Charles Sturt University, Regional Development Australia and greater support from property managers and owners.

ACKNOWLEDGEMENT

Each space would visually acknowledge the program brand plus logos from Renew Australia, ERA and Wagga Wagga City Council

EVALUATION

Eastern Riverina Arts would work with Council to develop a framework to evaluate the pilot project. This would include customer surveys, vendor surveys, and documented interest from potential tenants (through the real estate agents/property managers).

Financial Implications

An initial contribution of $3,000 plus GST is proposed to be paid to Renew Australia for the program materials and support. It is proposed that another $1,000 plus GST is contributed by Council to cover the local implementation, promotion and study components of the program.

Funding for this program is proposed to come from the Retail Strategy $45,000 budget which has nil expended to date.

Policy and Legislation

N/A

Link to Strategic Plan

Growing Economy

Objective: We are a hub for activity

Outcome: We have vibrant precincts

Risk Management Issues for Council

Licensing and legal risks are covered through the agreements and licences developed by Renew Australia (RA). As an affiliate, the project will be covered by Renew Australia’s insurer with public and products liability insurance cover as a Head Licensee. Participants that operate under the membership must pay $25 per week as outlined in a participant agreement. For Renew Australia, this is the only charge asked of participants, as it covers the necessary cost of them filling spaces and is a minimal expense. Council could determine if the participant should bear this cost, or if we make it free to participate. In the first instance, it is considered the cost is minimal and will not prevent the take-up of these opportunities

Internal / External Consultation

During and after the trial period the community and stakeholder groups will be contacted to determine impact and effectiveness of the program for the Wagga CBD. This will be used to develop a further report (if trial is supported) to Council on the future options and continuation of the program.

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

Involve

Collaborate

Attachments

1 ⇩.	Renew Australia information
2 ⇩.	Renew Australia - Affiliate Member agreement
3 ⇩.	Renew Australia Brochure 2019

Report submitted to the Ordinary Meeting of Council on Tuesday 8 October 2019

RP-6

RP-6 Replacement Kerbside Bin and Kitchen Caddy Clarification of Fees

Author: Natalie Te Pohe

Summary:

The proposed amendments to Council’s 2019/20 fees and charges document relating to kerbside waste replacement bins and kitchen caddies will ensure clarity is provided to community members and Council officers moving forward.

Recommendation

That Council:

a endorse the inclusion of the following new information in Council’s Revenue and Pricing Policy 2019/20 to be applied to fee numbers 0085 to 0090 as outlined within this report and place on public exhibition for a period of 28 days commencing 12 October 2019 and concluding on 9 November 2019:

Kerbside Waste Collection

The following fees will not be charged if a Police event number or Statutory Declaration is provided to Council in regard to missing/stolen bins or where the damage is not at the fault of the resident.

b endorse the inclusion of the following new information in Council’s Revenue and Pricing Policy 2019/20 to be applied to fee number 0093 as outlined within this report and place on public exhibition for a period of 28 days commencing 12 October 2019 and concluding on 9 November 2019:

Kerbside Waste Collection

This fee will not be charged if a Statutory Declaration is provided to Council stating that a kitchen caddy is not present at the property.

c invite public submissions on the proposed amendments to the 2019/20 kerbside waste fees and charges until 9 November 2019

d receives a further report following the public exhibition period:

i addressing any submission made in respect of the proposed amendment of fees and charges

ii proposing adoption of the clarifications to be retrospectively applied from 1 July 2019, unless there are any recommended amendments that will require a further public exhibition period

Report

At the 24 June 2019 Council meeting, Council resolved (Minute No.: 19/212):

That Council, having considered all submissions received relating to the exhibited documents:

b adopt the Fees and Charges for the financial year 2019/20 inclusive of the amendments highlighted in the report

The adopted 2019/20 Fees and Charges incorporated fees for both the replacement of missing/stolen/damaged bins and kitchen caddy replacements.

On 5 August 2019, correspondence was sent to the real estate agents highlighting that Council would require a Police event number in order to process a replacement bin. Prior to this, statutory declarations were sought.

The reason for the change initially was to ensure that all customer enquiries for the replacement of allegedly stolen bins could be logged in conjunction with the Police event number to inform any future action. Currently, there are some orphan bins that arrive at the return and earn kiosks that are serial numbered and can be tracked back to the original property. A request to Tomra Cleanaway for video imagery of the alleged offender leaving a stolen bin at a kiosk used to require a Police event number to comply with their Policy to release the video information. This information was then provided to the Police to enable them to investigate the matter of the alleged theft, and the bin was then returned to the originating property, unless it had been replaced in the meantime.

It should be noted that further discussions with Tomra Cleanaway have now led to their acceptance of Statutory Declarations given the potential impact this was going to have on Police resources across the city.

During an internal staff meeting on 13 August 2019, it was highlighted that officers had not been charging the community for the replacement of missing/stolen or damaged bins (where the resident was not at fault) nor for replacement kitchen caddies, and had not generally charged the community for these in the past.

While it was outlined that the fees were incorporated into the Council adopted Fees and Charges document, there were significant concerns raised with introducing this charge to the community; and that charging for kitchen caddy replacements may have a potential flow on impact to the use and success of Council’s Food Organics Garden Organics (FOGO) service.

The FOGO service has been extremely successful with the November 2018 kerbside waste audit demonstrating that 98% of contents were correct and 58% of household food waste was now being diverted from landfill.

It is therefore proposed to include the following clarification against fee numbers 0085 to 0090 as outlined below:

Item No.	Fee and Charge Description	Pricing Policy ID	Basis	2019/20 Fee (excl. of GST)	GST	2019/20 Fee (incl. of GST)
Kerbside Waste Collection
The following fees will not be charged if a Police event number or Statutory Declaration is provided to Council in regard to missing/stolen bins or where the damage is not at the fault of the resident.
0085	Kerbside Waste Collection – replacement for missing/stolen/damaged 140 litre general waste MGB	E	Each	$55.00	$0.00	$55.00
0086	Kerbside Waste Collection – replacement for missing/stolen/damaged 240 litre general waste MGB	E	Each	$70.00	$0.00	$70.00
0087	Kerbside Waste Collection – replacement for missing/stolen/damaged 240 litre FOGO MGB	E	Each	$70.00	$0.00	$70.00
0088	Kerbside Waste Collection – replacement for missing/stolen/damaged 240 litre recycling MGB	E	Each	$70.00	$0.00	$70.00
0089	Kerbside Waste Collection – replacement for missing/stolen/damaged 240 litre commercial MGB	E	Each	$70.00	$0.00	$70.00
0090	Kerbside Waste Collection – replacement for missing/stolen/damaged 360 litre recycling MGB	E	Each	$130.00	$0.00	$130.00

This notation will ensure that the community and Council officers are aware of the requirements moving forward.

For information, the number of stolen bin replacements requested between 1 January 2019 and the end of August are outlined in the table below:

Bin Type	Number of Stolen Bin Replacements Requested	Current 2019/20 Fee	Total
Domestic 140 litre General Waste	89	$55.00	$4,895
Domestic 240 litre General Waste	3	$70.00	$210
Domestic 240 litre FOGO	66	$70.00	$4,620
Domestic 240 litre Recycling	97	$70.00	$6,790
Commercial 240 litre General Waste	46	$70.00	$3,220
Commercial 240 litre FOGO	2	$70.00	$140
Commercial 240 litre Recycling	28	$70.00	$1,960
Commercial 360 litre Recycling	8	$130.00	$1,040
TOTAL	339		$22,875

While the number of kitchen caddy replacements sought have been relatively minor – 77 caddies between 1 January and 27 August 2019 – implementing the charge for a replacement caddy would have a cumulative effect if community members then chose not to source a replacement. From the information sourced to date, it is understood that many of the caddies are requested from new tenants whereby the caddy is missing from the property they are now renting. Only a few additional caddies have been requested, however the relevant fee is charged in this case.

It is therefore proposed to include the following clarification against fee number 0093 as outlined below:

This fee will not be charged if a Statutory Declaration is provided to Council stating that a kitchen caddy is not present at the property.

Item

No.

Fee and Charge Description

Pricing Policy ID

Basis

2019/20 Fee (excl. of GST)

GST

2019/20 Fee (incl. of GST)

0093

Kitchen Caddy

(this fee will not be charged if a Statutory Declaration is provided to Council stating that a kitchen caddy is not present at the property).

Each

$7.27

$0.73

$8.00

Real estate agents have since been requested to consider incorporating bins and kitchen caddies on their rental inspection checklists, which aims to further reduce the number of requests being received.

Financial Implications

Currently the adopted Fees and Charges include a fee to replace a kitchen caddy of $8.00 per caddy. Based on the number of requests being made to the end of August (77) and extrapolating this for a full financial year, the fees foregone are approximately $924 including GST. This is considered insignificant given the success of the FOGO program and would be funded from within the Solid Waste Reserve.

The number of missing/stolen/damaged bins that have been reported since 1 January 2019 is 339. Extrapolating this for a full financial year would equate to approximately 510 bins. The waste contract determined that the risk of stolen and damaged bins for residential properties is born by the contractor. Council has therefore allowed for this risk as part of the modelling of the kerbside waste charges, therefore there is no budget impact for Council.

The 2019/20 revenue budget for missing/stolen/damaged bins is $5,094. As $5,414 was received in 2018/19 and $1,220 received at the timing of writing this report, it is not anticipated that a budget amendment would be required as a result of the proposed clarification.

Policy and Legislation

Local Government Act 1993

Chapter 15, Part 10, Division 1:

· Section 608 Council fees for services

Chapter 15, Part 10, Division 2:

· Section 610B Fees to be determined in accordance with pricing methodologies

Chapter 15, Part 10, Division 3:

· Section 610D How does a council determine the amount of a fee for service?

· Section 610F Public notice of fees

Local Government (General) Regulation 2005

· Regulation 201 Annual statement of council’s revenue policy

Link to Strategic Plan

The Environment

Objective: We create a sustainable environment for future generations

Outcome: We minimise our impact on the environment

Risk Management Issues for Council

The risks to Council of not endorsing the proposed clarification include:

· Community concern at charging for a service when it has not been charged in the past

· Impact over time on the success of the FOGO service, and therefore increased negative impact on the environmental sustainability of Wagga

· Reputational damage, particularly given the minor amount of revenue that would be gained

Internal / External Consultation

The proposed clarification and amendment to the 2019/20 fees and charges will be publicly exhibited through Council news and on Council’s website seeking public submissions.

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