Agenda of Ordinary Meeting of Council - Monday, 14 September 2020

Reports submitted to the Ordinary Meeting of Council to be held on Monday 14 September 2020.

Ordinary Meeting of Council AGENDA AND BUSINESS PAPER

Monday 14 September 2020

ORDER OF BUSINESS:

CLAUSE PRECIS PAGE

PRAYER 3

ACKNOWLEDGEMENT OF COUNTRY 3

APOLOGIES 3

Confirmation of Minutes

CM-1 Ordinary Council Meeting - 24 August 2020 3

DECLARATIONS OF INTEREST 3

Motions Of Which Due Notice Has Been Given

NOM-1 NOTICE OF MOTION - Burrinjuck Dam 4

NOM-2 NOTICE OF MOTION - Truck Interchange Facilities 8

Reports from Staff

RP-1 DA20/0294 - Change of use to Community Facility at number 71, alterations and additions to premises and consolidation of lots at 69, 71 and 73 Peter Street, WAGGA WAGGA, NSW 2650 12

RP-2 COMMUNITY SUPPORT PROGRAM 16

RP-3 RESPONSE TO NOTICE OF MOTION - ENFORCEMENT ACTION FOR DA09/0872 21

RP-4 ELECTION PROCESS - MAYOR AND DEPUTY MAYOR 2020 - 2021 24

RP-5 2020 Local Government NSW Annual Conference - Election of Delegates and Motions 30

RP-6 Risk Management Policy Review - POL 079 37

RP-7 FEES AND CHARGES AMENDMENT - WASTE CHARGES ON PROPERTIES WITH A SECONDARY DWELLING 49

RP-8 COVID-19 Relief Package - public exhibition report 52

RP-9 Sewer Connection for Wagga Wagga Christian College - Private Works 84

RP-10 Regional Road Transfer & Road Classification Review 87

RP-11 RESPONSE TO QUESTIONS/BUSINESS WITH NOTICE 94

Committee Minutes

M-1 Audit Risk and Improvement Committee Minutes - 13 August 2020 96

QUESTIONS/BUSINESS WITH NOTICE 107

Confidential Reports

CONF-1 RIVERSIDE STAGE 2 D&C TENDER ASSESSMENT OUTCOME 108

CONF-2 RFT2020/031 Supply One Tar Patching Truck 109

CONF-3 RFQ 2020/554 Supply One (1) 6X4 Water Truck Tank Unit 110

CONF-4 Code of Conduct matter 111

PRAYER

ACKNOWLEDGEMENT OF COUNTRY

APOLOGIES

Confirmation of Minutes

CM-1 Ordinary Council Meeting - 24 August 2020

Recommendation

That the Minutes of the proceedings of the Ordinary Council Meeting held on 24 August 2020 be confirmed as a true and accurate record.

Attachments

1 ⇩.

Minutes - Ordinary Council Meeting - 24 August 2020

112

DECLARATIONS OF INTEREST

Report submitted to the Ordinary Meeting of Council on Monday 14 September 2020

NOM-1

Motions Of Which Due Notice Has Been Given

NOM-1 NOTICE OF MOTION - Burrinjuck Dam

Author: Councillor Paul Funnell

Summary:

The recommendation begins the communication process to establish the need for the construction of a new and larger Burrinjuck Dam and associated infrastructure downstream (below) the city of Wagga Wagga. The attached report gives a high-level overview of the benefits being;

· Improved environmental outcomes

· Improved water security for both irrigation and environmental flows

· Improved availability for water for a growing population

· Improved water management

· Clean energy

· Methodology for return on investment/funding

· Flood mitigation

· Less reliance upon levee and protection construction requirements

· Economic boost-during construction and ongoing

· Food and fibre security

· Healthier river systems and the lower lakes

· Management of erratic weather events

· Future proofing of aging infrastructure

The report is outlining a first step in what is described as a long game but calls for the communication with all the relevant political, agency and multiple stakeholders to be brought together to start the process.

The report is A-political due to the nature that this is just the beginning of what needs to be accelerated and will cross political lines and political terms of government. Therefore, moving through different terms of government and potentially different political parties.

Recommendation

That Council:

a acknowledge the requirement for commencement of the process for the replacement of Burrinjuck dam.

b write to the following representatives and their opposition counterparts requesting that discussions and actions begin in relation to the looming need for replacement of Burrinjuck dam:

i The Hon. Michael McCormack MP, Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development, Member for the Riverina

ii The Hon. Keith Pitt MP, Minister for Resources, Water and Northern Australia

iii The Hon. David Littleproud MP, Minister for Agriculture, Drought and Emergency Management

iv The Hon. Susan Ley MP, Minister of the Environment

v The Hon. Angus Taylor MP, Minister for Energy and Emissions Reduction

vi The Hon. Gladys Berejiklian MP, Premier of NSW

vii The Hon. John Barilaro MP, Deputy Premier of NSW, and Minister for Regional New South Wales, Industry and Trade

viii The Hon. Melinda Pavey, Minister for Water, Property and Housing

ix The Hon. Matt Kean MP, Minister for Energy and Environment

x The Hon. Adam Marshall MP, Minister for Agriculture and Western Australia

c write to Riverina JO (RIVJO), Riverina and Murray JO (RAMJO), Murray Darling Association (MDA), all Councils impacted by operations of Burrinjuck Dam and the Southern basin seeking feedback and support of this recommendation

d include this in Council’s Advocacy Plan

e receive a report back to Council when all responses are received

Report

In a public committee meeting The Hon Susan Ley MP, Federal Minister for the Environment, said that the Federal Government supported the construction of a new and larger capacity Burrinjuck Dam, the money is on the table, but the State won't act.

It is imperative that all stakeholders understand that Burrinjuck Dam is the key to the future for the Southern basin in relation to the environment, irrigation, clean energy, flood mitigation, food security, constraints management, water security, jobs and the economy, industrial expansion and the management of predicted erratic weather events.

Burrinjuck Dam is now over 100 years old and the last of its type of dam construction. It was visionary of our forebears to construct such an iconic piece of productive infrastructure that turned the southern basin from a desert to an oasis, one that continues to have the capacity to be the food bowl of this nation.

It is however reaching its end of life. Whilst some years off as yet, we live in different times and therefore there are different factors to consider by comparison between 1900 and 2020. All relevant stakeholders and government agencies need to sit at one table and start action for the future 100+ years for our region, and it all begins with the construction of a new and higher Burrinjuck dam.

This concept is not new, nor can it be a standalone project/concept. With issues of downstream water delivery whether for irrigation or environmental, with constraints in the system and cities and villages at risk of inundation. There is an absolute necessity for a new visionary future proofing reconstruction of Burrinjuck. This however needs to be in conjunction with building downstream storages below Wagga such as Lake Coolah at Narrandera.

Whilst Lake Coolah is not necessarily the preferred option for some at Water NSW, it is however a step in the correct direction for many. To espouse that it is not preferred, does not make it wrong. It may simply be a piece of the puzzle. Or, there may be a solution or alternative.

In the interim unfortunately, there is no one at a unified table planning and introducing a system for the future, time is quickly passing us by. Everyone is off doing their own thing or paddling their own political canoe.

An ad-hoc approach for water security is being adopted, critical infrastructure is aging, productivity is being lost, the environment is suffering and towns and villages are becoming potential sacrificial Iambs in water management. Governments at all levels continue to argue over who is going to pay for what levee or what height it should be, or who is responsible for what.

Critical new infrastructure will solve many of the problems our communities face, and like history has shown, many of these issues can be solved by collaboration, ingenuity and engineering.

A new Burrinjuck Dam with associated infrastructure below Wagga Wagga would:

· Increase the capacity of water storage ability of up to 55% with a small comparative wall height increase due to the topography of the storage landscape.

· Lake Coolah would provide downstream storage below Wagga allowing operators to trickle feed water past the major constraints

· There would be less reliance on levee protections. Eg. North Wagga

· Creates a more secure water capacity for both environmental and irrigation supply.

· An increased capacity for air space thereby creating a better management tool for flood mitigation.

· Creates a new renewable energy opportunity through government owned hydra-electric power generation which through the sale of reliable clean power would assist in funding the project.

· Construction and ongoing operation will provide jobs and economic boost for generations to come.

· Along with the water security there would be efficient and sustainable food production that then feeds back into all our communities.

The list of advantages go on, however it all begins with someone contacting the decision makers and asking them to sit at one table and begin the process. This is a monolithic level of construction and way beyond the realms of Wagga Wagga City Council.

That said, someone has to start the ball rolling, we are one of the main constraints in the system, we are the largest inland city in NSW, we are a regional capital, we sit 100m from the Murrumbidgee river and approx. 50m from the office of the Deputy Prime Minister, Minister for Infrastructure, Transport and Regional Development, Member for the Riverina, The Hon. Michael McCormack MP.

Throughout the World nations spend up to 97% of allocated budgets on flood mitigation and 3% on recovery. Unfortunately, we in Australia suffer the opposite. With forecast climate variability, events may be shorter, sharper and harder weather events, therefore creating water management unmanageable without new critical future proofing infrastructure such as a new Burrinjuck dam.

There have been repeated political announcements in the North regarding dams and water storage and not a sound has been heard about our own region or our dams in the South. To continue to do nothing is not an option. For anyone.

What this report and recommendation is calling for is to simply step up, make a request that the decision makers start the process. This is a long game but it needs to start now. Be the voice like our forebears, start the process, make a difference and actually do something about a problem that has been identified at all levels and by all stakeholders.

Let us not be part of the tea and scone brigade and just form committees. Let us begin the collaborative process and leave an enduring legacy that future generations will be thankful for. We will therefore be a part of the solution, rather than part of the problem.

Financial Implications

N/A

Policy and Legislation

Wagga Wagga City Council Code of Meeting Practice

Link to Strategic Plan

The Environment

Objective: Create and maintain a functional, attractive and health promoting built environment

Outcome: We look after and maintain our community assets

Risk Management Issues for Council

N/A

Internal / External Consultation

N/A

Report submitted to the Ordinary Meeting of Council on Monday 14 September 2020

RP-1

Reports from Staff

RP-1 DA20/0294 - Change of use to Community Facility at number 71, alterations and additions to premises and consolidation of lots at 69, 71 and 73 Peter Street, WAGGA WAGGA, NSW 2650

Author: Amanda Gray

General Manager: Peter Thompson

Summary:

This report is for a Development Application and is presented to Council for determination. The Application has been referred to Council for determination as a Councillor is nominated on the Development Application form as a Director of the company that owns the land.

Under section 2.12 of POL046 – Processing Development Applications Lodged by Councillors, Staff and Individuals of Which a Conflict of Interest May Arise, or on Council Owned Land Policy, Development Applications received by Council where the applicant or land owner is a company where a director of the company is a Councillor, Director or the General Manager shall be reported to Council for consideration and determination.

Recommendation

That Council approve DA20/0294 for Change of use to Community Facility at number 71, alterations and additions to premises and consolidation of lots (69, 71 and 73 Peter Street) subject to the conditions outlined in the attached Section 4.15 Assessment Report.

Development Application Details

Applicant	The Leisure Company Integrated Recreation Inc.
Owner	The Leisure Company Disability Services Pty Ltd Directors – Rodney John Kendall; Paul Charles Samuelson; Matthew Woolnough
Development Cost	$312,000.00
Development Description	Change of use to Community Facility and Lot consolidation

Report

Key Issues

· The application is referred to Council for determination as a Councillor is a Director of the company that owns the land.

· Parking is to be consolidated across the three land parcels with access and egress via sliding gates to and from Tongaboo Lane at the rear of the site.

· Alterations and additions are concentrated to the rear of the premises to minimise any impact to the streetscape.

Assessment

· Under the provisions of the LEP, the site is within the B3 Commercial Core zone.

· The development is a change of use to a community facility. This use is permitted with consent in the B3 zone.

· The works to the premises include demolition to the rear and alterations and additions to the rear to accommodate upgraded training facilities and parking for users of the facility.

· The presentation to the streetscape remains generally as existing.

· Impacts of the proposed development are not significant and are assessed as being acceptable.

· The application was advertised and notified to adjoining owners and no submissions were received.

Having regard to the information contained in the attached Section 4.15 assessment report, it is considered that the development is acceptable for the following reasons and recommended for approval.

Reasons for Approval

1. The proposed development is consistent with the provisions of the Wagga Wagga Local Environmental Plan 2010.

2. The proposed development is consistent with the provisions of the Wagga Wagga Development Control Plan 2010.

3. The impacts of the development are considered acceptable.

4. No objections to the development were received.

5. The development is considered to be in the public interest.

Site Location

The subject site is legally identified as Lot 9 DP1095201 and is known as 71 Peter Street. The lot is uniform in shape extending to 373.10sq.m and is located on the eastern side of Peter Street approximately 75 metres to the south of the junction with Forsyth Street.

The premises consist of a single storey detached dwelling with detached outbuilding to the rear. There is rear lane vehicle access onto Tongaboo Lane. Properties on either side at number 69 and 73 are occupied by the Leisure Company who utilise each of the properties to provide services that support disabled persons and their families within the local community. Beyond each of these properties to the north and south are public car-parks

Financial Implications

N/A

Policy

· Wagga Wagga Local Environmental Plan 2010

· Wagga Wagga Development Control Plan 2010

Link to Strategic Plan

Safe and Healthy Community

Objective: We have access to health and support services that cater for all our needs

Outcome: Our health and support services meet the needs of our community

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 any relevant State Environmental Planning Policy, the Wagga Wagga Local Environmental Plan 2010 and the Wagga Wagga Development Control Plan 2010.

Internal / External Consultation

Pursuant to Section 1.10 of the Wagga Wagga Development Control Plan 2010 the application was advertised and notified to surrounding properties from 10-24 July 2020. No public submissions were received.

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.	DA20/0294 - s4.15 Assessment Report - Provided under separate cover
2 .	DA20/0294 - Statement of Environmental Effects. - Provided under separate cover
3 .	DA20/0294 - Site Plan, Floor Plan and Elevations. - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Monday 14 September 2020

RP-2

RP-2 COMMUNITY SUPPORT PROGRAM

Author: Peter Thompson

Summary:

On 14 April 2020 a Mayoral Minute was supported to establish a budget of $10,000 towards a community support program. The purpose of this program was for Council to work in partnership with relevant agencies, to support food security for those in need during the COVID-19 pandemic close down period. This report provides an update on the completion of Council’s response to this program, including the financial position for support of this program.

Recommendation

That Council:

a receive and note the report

b in accordance with Section 356 of the Local Government Act 1993, donate the remaining $7,861.91 budget to Carevan, to continue providing the Community Support Program

c thank Carevan, Anglicare, The Salvation Army, St Vincent de Paul, Sunflower House, Red Cross, Mission Australia and RivMed for the work that has been undertaken during the COVID-19 situation.

Report

Background

At the Ordinary Meeting of Council held 14 April 2020, Council approved the Mayoral Minute to establish a $10,000 budget for the purposes of supporting an immediate food security community program response to the COVID-19 pandemic close down period. The aim was for Council to work with Carevan to further assist other community organisations, who would normally as part of their funded service provision, provide meals, staples and hampers to our community’s most vulnerable members. In the COVID-19 pandemic, close down period, it was identified that there was a shortage of supply of food and labour to support community members in difficult situations. Council was able to assist in the short-term to enable this support to continue through the redeployment of staff who could not perform their normal duties.

For this response Council coordinated a working group between Carevan and other relevant agencies, including The Salvation Army, St Vincent de Paul, Anglicare, Sunflower House, Red Cross, Mission Australia and RivMed. In addition, Council staff were redeployed to cover previous volunteer labour for delivery of meals to the community and financial assistance was made available from the $10,000 allocated budget. A $5,000 budget was also provided by Anglicare to support the provision of meals by Carevan.

Council support of Carevan

Carevan was the lead agency in the preparation and cooking of the meals. Carevan prepared between 250 – 600 (average 550) meals per week over the lockdown period at their premises on Fernleigh Road. Carevan delivered across the Wagga Wagga local government area with precooked meals to all the above listed agencies. In addition meals were also provided to Sisters Housing, Riverina Medical and Dental, Lilier Lodge (Can Assist), Wagga Family Support, Home at Heart and the Base Hospital, along with a number of churches and religious groups who provide a service to the community, including Church Street and Turvey Park Anglican Church and the Seventh Day Adventist Church.

Eight (8) Council staff were redeployed for delivery of meals and food to and from Carevan, including the Mayor’s Executive Assistant who worked from the Carevan office three days a week for two months. Council staff returned to Council duties in June 2020, with Carevan continuing in the same format using volunteers. Council has continued to cover the cost of one Chef (displaced from a CBD food outlet during COVID) to work with Carevan ceasing 31 August 2020. Council staff hours and costs of service to Carevan, including the Mayor’s Executive Assistant who provided approximately 18 hours a week for two months, are estimated at 313 hours at an approximate cost of $12,500. Council has regularly met with community agencies in the working group. Recent advice received from NSW Community Justice is that they are working to confirm a lead agency, within the network of the funded non-government organisations, to continue the on-going coordination of the working group and the regular communication across those services, to meet food security and other welfare support programs, including the volunteer-based response groups like Carevan.

Council support of Meals on Wheels

An additional five (5) staff were also redeployed over the period of the COVID lockdown to support Meals on Wheels with the delivery of food to their service clients. This included an average of 250 – 500 meals delivered to approximately 75 households a week, many of whom were older and or vulnerable community members. Staff provided approximately 587 hours to Meals on wheels at an estimated cost of $21,675.

State and Commonwealth Government Response

On 29 March 2020 in response to COVID the Commonwealth government announced a $1.1 billion package to increase funding for services who provided support for mental health, domestic violence and emergency food relief during this time. A number of services involved in the food community support working group received additional funding through this package.

On 30 April 2020, the team leader from the Rapid Relief team contacted Wagga Wagga City Council to provide advice that a team had been set up in Wagga Wagga to assist people who were food insecure and impacted by COVID. The Rapid Relief Team (RRT) Food Boxes and Foodbank Emergency Relief Packages can be accessed through ServiceNSW by calling 13 77 88, reducing the need for not for profit agencies to meet the increased demand due to the pandemic. This service provides food boxes, within 24 hours of request, to individuals or families with enough supplies for a week or more. Links to this information are available through Council’s COVID pages on the Council website.

Current Situation

Since mid-June and in line with the relaxation of NSW public health orders, Council has now seen the recommencement of agency services, where they are able to go back to their core business operations, serving the community either from agency locations or by outreach service programs. Some services including Anglicare and Red Cross have received additional funding to support their clients and most vulnerable members of our community. Coinciding with this, Council re-opened their own services and facilities resulting in staff returning to their substantive employed positions. This has meant that the funded and volunteer agencies have resumed their community welfare roles in meeting community needs.

As part of Council and each agency resuming their normal operations, the Social Planner will continue to provide operational support to services who attended the community food support meetings and will be making regular contact with the agencies to keep abreast of the community response and the service levels now afforded to our community.

In terms of the community support program total budget of $15,000, where combined of Council resolved budget of $10,000 and the Anglicare funds in the amount of $5,000, there was a total expenditure of $7,138.09 with a remaining amount of $7,861.91. To enable Carevan to continue their valuable work, it is proposed that Council approve the transfer of the remaining funds in the amount of $7,861.91 to Carevan.

In closing out Council’s involvement for the community program, it is acknowledged that under a very challenging environment for our community, partner agencies and staff themselves, there was an overwhelming interest, care and commitment to fill the void in supporting those most vulnerable members of our community.

Financial Implications

Council resolved a budget of $10,000 to be made available to provide an immediate cash flow for the establishment of this community initiative. The funds were for the purchasing of food and supplies to cook meals. In addition, Anglicare provided $5,000 to go towards the cost of purchasing food for Carevan to prepare meals.

Out of the total budget $15,000 there was a total expenditure of $7,138.09 with a remaining amount of $7,861.91. To enable Carevan to continue their valuable work Council is seeking approval to transfer the remaining funds in the amount of $7,861.91 to Carevan.

Job number: 20906

Policy and Legislation

N/A

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

There was internal consultation across relevant internal staff teams to support the community services program. External engagement was through the community support working group and other agencies on a needs basis.

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 ⇩.

Letter from Anglicare regarding Carevan Funds

Report submitted to the Ordinary Meeting of Council on Monday 14 September 2020

RP-3

RP-3 RESPONSE TO NOTICE OF MOTION - ENFORCEMENT ACTION FOR DA09/0872

Author: Peter Thompson

Summary:

At the Ordinary Meeting on 13 July 2020 Council resolved that a report be provided explaining in detail the non-enforcement of conditions for Development Application number DA09/0872, Rocky Point Quarries.

Recommendation

That Council:

a note the report and the steps moving forward

b receive a further report in November 2020 confirming the outcome of the enforcement action detailed in the report

Report

Background

At the 13 July 2020 Council Meeting it was resolved:

That Council receive a report at the 27 July 2020 Council Meeting explaining in detail the non-enforcement of conditions for Development Application number DA09/0872, Rocky Point Quarries including:

i. an outline of a plan of action to resolve the issues

ii. an outline of Council expenditure incurred in relation to the maintenance of Tooyal Road

In 2009 Rocky Point Quarries (RPQ) lodged a Development Application (DA) for the expansion of RPQ on Tooyal Road, Euberta. In 2011 the application was approved by the Wagga Wagga Interim Joint Planning Panel (Planning Panel).

As part of the DA approval, to minimise the impacts of heavy vehicles using Tooyal Road – including the impacts of dust on adjoining properties – the following condition was added to the consent:

21. Within 12 months of the commencement of quarrying operations under this consent, Tooyal Road shall be sealed at the developer’s cost to a standard determined to be suitable for the proposed traffic generated in accordance with Council’s Engineering Guidelines for Subdivision and Developments, for its full length from the quarry access gate south to the commencement of the existing seal on Tooyal Road just north of its intersection with Old Narrandera Road.

Prior to carrying out these works, the subject section of road shall be gravel resheeted 8.5 metres wide and 250mm thick. The profile and compaction requirements shall be in accordance with Council’s Engineering Guidelines for Subdivision and Developments.

Development Consent Draft Condition

A draft report was sent to the Planning Panel that included a condition requiring the sealing of the road. It was silent on who was to carry out the works. When the DA was reported for determination, the sealing of the road was discussed between staff and the Panel.

It was agreed that the condition be tightened up to nominate the quarry operator as the person to seal the road. It was further agreed that if Council, as the asset owner, and RPQ wanted to enter into some agreement they certainly could, but in the absence of any formal agreement the onus was clearly on RPQ. This reduced the risk for Council and ensured that there was an entity with a clear responsibility to seal the road.

RPQ formally commenced operating under this consent in March 2016, meaning that sealing of Tooyal Road had to be completed by March 2017. The road is still not sealed.

Operational Staff Commitment

Prior to the determination of the DA, a meeting was held with the applicant around May 2010. A commitment was made by the then Director of Infrastructure that if RPQ prepared the gravel surface, Council would seal the road. According to RPQ, the offer was made to offset the costs incurred by RPQ in maintaining the road since 2006, and the fact that the road was now heavily utilised by traffic not associated with the quarry. This agreement was made outside of the DA process and without Council resolution.

Although there were apparently witnesses to the then Director of Infrastructure making the commitment, there is no record on file of the commitment being made, nor was it reported to Council or the cost of sealing included in any subsequent budget estimates. It would not have been in the power of the Director to make this commitment on Council’s behalf.

Failure to Meet Requirements of DA approval

RPQ prepared a deed of agreement in June 2016, nominating Council as the party to seal the road, in reference to the earlier verbal undertakings. The deed commits RPQ to upgrading the road and associated drainage to Council’s design and maintaining the road until such time as it is sealed.

RPQ have carried out some improvements to the road since commencing operations in March 2016 and are maintaining the road in accordance with the DA approval requirements. As a consequence, Tooyal Road is now the route of choice for local farmers and residents as it is in a much better condition than the Gap Road.

Council Expenditure Incurred

Council has not maintained or incurred any costs for this section of road since the DA was issued. This section of the road is maintained by the operator at their expense.

Enforcement

A report was presented to Council on 24 April 2017. The report recommended that Council approve the sealing of Tooyal Road between the intersection with Old Narrandera Road and the quarry access gate, a distance of approx. 5.4 kilometres. This was not supported by Council and it was resolved:

That Council enforce the conditions of consent of the Development Application DA09/0872 for Rocky Point Quarry.

A show cause letter was sent on 27 July 2017 and a notice of intent was issued on 21 February 2018.

Some communication and a meetings have occurred with the developer, however there is a lack of clarity in relation to any outcome.

Next Steps

It is proposed that Council now proceed to enforcement action and issue the appropriate intention to issue an order under the legislation. The developer has an opportunity to make submissions in response to this notice. The Council is required to review the submissions and therefore may make an order. This is the process which will be followed.

It is recommended that a further report be provide to Council in November 2020 to confirm the outcome.

Financial Implications

N/A

Policy and Legislation

N/A

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

A number of meetings have been held with the applicants over a number of years. A workshop was held with Councillors in November 2017, where it was agreed to issue Rocky Point Quarry with a notice of intent.

Report submitted to the Ordinary Meeting of Council on Monday 14 September 2020

RP-4

RP-4 ELECTION PROCESS - MAYOR AND DEPUTY MAYOR 2020 - 2021

Author: Neil McDermott

General Manager: Peter Thompson

Summary:

Councils that elected mayors in September 2018 must have mayoral elections in September 2020 when the two-year term of the current mayor expires. The mayor elected in September 2020 will hold their office until ordinary elections are held on 4 September 2021. Councils must also hold an election for deputy mayor if the deputy mayor’s term has expired. This Report therefore provides information on the process which will facilitate the election of the Mayor and Deputy Mayor to be held on Monday, 28 September 2020. In particular, there are three prescribed methods for the election of mayors, only one of which can be undertaken remotely.

Recommendation

That Council note the process for the election of Mayor and Deputy Mayor for the 2020 – 2021 term.

Report

Councillors must elect a mayor from among their number every two (2) years, unless the mayor is ‘popularly-elected’. Councillors must also elect a deputy mayor.

On 24 March 2020 the Minister for Local Government announced the postponement of the September 2020 Local Government elections due to the COVID-19 pandemic. The date of the next ordinary local government elections is 4 September 2021.

As a result of this postponement, Council is required to elect a Mayor and Deputy Mayor for the twelve months leading to the September 2021 Local Government Elections.

For councils that do not have a popularly elected Mayor, the Mayor is to be elected by the Councillors from among the Councillors (s227 of the Local Government Act 1993 (the Act)). The Councillor elected as Mayor at the meeting on 28 September 2020 will hold office until September 2021.

Section 225 of the Act requires Council to have a Mayor who is elected in accordance with the provisions of the Act. The election must be held during the month of September (s290 of the Act).

Methods for conducting the mayoral election are considered in detail below. However, in resolving which method to use, guidance from the Office of Local Government (4 August 2020) is that councils should consider the personal circumstances of their councillors to ensure all councillors can participate in the mayoral election. An open ballot (e.g. show of hands) can be undertaken remotely using the audio-visual link currently being utilised for council meetings. However, ordinary and preferential ballots are secret ballots and councillors will need to attend the meeting in person if the election is to be conducted using one of those two methods.

The method of voting must be resolved at the same meeting at which the Mayoral election is held.

The Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No 4) 2020 provides that councillors may attend council meetings in person for the purposes of participating in a mayoral election. Staff may also attend for the purpose of conducting the election. Measures to ensure the health and safety of all attendees are to be considered.

Procedure for Election of Mayor – September 2020 to September 2021

The procedure to be followed for the election of Mayor is outlined in Schedule 7 of the Local Government (General) Regulation 2005, and is set out below:

Part 1 - Preliminary

Returning Officer

1. The General Manager, Mr Peter Thompson will be the returning officer for the election to be held on 28 September 2020.

Nomination

2. (1) A Councillor may be nominated without notice for election as Mayor or Deputy Mayor.

(2) The nomination is to be made in writing by two or more Councillors one of whom may be the nominee. The nomination is not valid unless the nominee has indicated consent to the nomination in writing.

(3) The nomination is to be delivered or sent to the Returning Officer prior to the start of the 28 September 2020 Council Meeting.

(4) The Returning Officer is to announce the names of the nominees at the council meeting at which the election is to be held.

Election

3. (1) If only one Councillor is nominated, that Councillor is elected.

(2) If more than one Councillor is nominated, the council is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot or by open voting.

(3) The election is to be held at the council meeting at which the council resolves on the method of voting.

(4) In this clause:

"ordinary ballot" has its normal meaning of secret ballot.

"open voting" means voting by a show of hands or similar means.

Part 2 - Ordinary ballot or open voting

Application of Part

4. This Part applies if the election proceeds by ordinary ballot or by open voting.

Marking of ballot-papers

5. (1) If the election proceeds by ordinary ballot, the Returning Officer is to decide the manner in which votes are to be marked on the ballot-papers.

(2) The formality of a ballot-paper under this Part must be determined in accordance with clause 345 of the Regulation as if it were a ballot-paper referred to in that clause.

(3) An informal ballot-paper must be rejected at the count.

Count-2 candidates

6. (1) If there are only two candidates, the candidate with the higher number of votes is elected.

(2) If there are only two candidates and the votes are tied, the one elected is to be chosen by lot.

Count-3 or more candidates

7. (1) If there are three or more candidates, the one with the lowest number of votes is to be excluded.

(2) If three or more candidates then remain, a further vote is to be taken of those candidates and the one with the lowest number of votes from that further vote is to be excluded.

(3) If, after that, three or more candidates still remain, the procedure set out in subclause (2) is to be repeated until only two candidates remain.

(4) A further vote is to be taken of the two remaining candidates.

(5) Clause 6 of the Schedule then applies to the determination of the election as if the two remaining candidates had been the only candidates.

(6) If at any stage during a count under subclause (1) or (2), two or more candidates are tied on the lowest number of votes, the one excluded is to be chosen by lot.

Part 3 - Preferential Ballot

Application of Part

8. This Part applies if the election proceeds by preferential ballot.

Ballot-papers and voting

9. (1) The ballot-papers are to contain the names of all the candidates. The councillors are to mark their votes by placing the numbers “1”, “2” and so on against the various names so as to indicate the order of their preference for all the candidates.

(2) The formality of a ballot-paper under this Part is to be determined in accordance with clause 345 of the Regulation as if it were a ballot-paper referred to in that clause.

(3) An informal ballot-paper must be rejected at the count.

Count

10. (1) If a candidate has an absolute majority of first preference votes, that candidate is elected.

(2) If not, the candidate with the lowest number of first preference votes is excluded and the votes on the unexhausted ballot-papers counted to him or her are transferred to the candidates with second preferences on those ballot-papers.

(3) A candidate who then has an absolute majority of votes is elected, but, if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the lowest number of votes and counting each of his or her unexhausted ballot-papers to the candidates remaining in the election next in order of the voter’s preference is repeated until one candidate has received an absolute majority of votes. The latter is elected.

(4) In this clause, "absolute majority", in relation to votes, means a number that is more than one-half of the number of unexhausted formal ballot-papers.

Tied candidates

11. (1) If, on any count of votes, there are two candidates in, or remaining in, the election and the numbers of votes cast for the two candidates are equal-the candidate whose name is first chosen by lot is taken to have received an absolute majority of votes and is therefore taken to be elected.

(2) If, on any count of votes, there are three or more candidates in, or remaining in, the election and the numbers of votes cast for two or more candidates are equal and those candidates are the ones with the lowest number of votes on the count of the votes-the candidate whose name is first chosen by lot is taken to have the lowest number of votes and is therefore excluded.

Part 4 - General

Choosing by lot

12. To choose a candidate by lot, the names of the candidates who have equal numbers of votes are written on similar slips of paper by the Returning Officer, the slips are folded by the Returning Officer so as to prevent the names being seen, the slips are mixed and one is drawn at random by the Returning Officer and the candidate whose name is on the drawn slip is chosen.

Result

13. The result of the election (including the name of the candidate elected as Mayor or Deputy Mayor) is:

(a) to be declared to the Councillors at the council meeting at which the election is held by the Returning Officer, and

(b) to be delivered or sent to the Secretary and the Chief Executive Officer of Local Government NSW.

Note: It is recommended that as in previous years, the election proceed by ordinary ballot.

Election of Deputy Mayor – September 2020 to September 2021

In accordance with the provisions of Section 231 of the Local Government Act 1993, the Council may elect one of its members to act as Deputy Mayor either for the Mayoral term or for a shorter term as may be resolved by the Council. Further, the Deputy Mayor may exercise any function of the Mayor, at the request of the Mayor or if the Mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the office of the Mayor.

The election provisions of Schedule 7 of the Local Government (General) Regulation 2005 also relate to the Deputy Mayor.

It has been Council’s normal practice to elect a Deputy Mayor for the same Mayoral term, immediately following the election of the Mayor.

Financial Implications

N/A

Policy and Legislation

Section 225 of the Local Government Act NSW

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We have leaders that represent us

Risk Management Issues for Council

N/A

Internal / External Consultation

N/A

Report submitted to the Ordinary Meeting of Council on Monday 14 September 2020. RP-5

RP-5 2020 Local Government NSW Annual Conference - Election of Delegates and Motions

Author: Ingrid Hensley

General Manager: Peter Thompson

sAnalysis:

The Local Government NSW (LGNSW) Annual Conference will be held 23 November 2020. The purpose of this report is to elect Council delegates to attend the conference and to submit motions.

Recommendation

That Council:

a endorse that the Mayor and three Councillors attend the Local Government NSW Annual Conference to be on-line on 23 November 2020

b elect three Councillor delegates referred to in (a) above to attend the conference

c note that Councillors elected to attend the conference will be Council’s voting delegates for any Local Government NSW elections for the following twelve months

d endorse submitting motions to the conference as outlined in the report

Report

The Local Government NSW (LGNSW) Annual Conference will this year be held in an online format on 23 November 2020. This will allow members to come together, submit motions, vote and discuss key issues while still meeting COVID-19 health and safety requirement.

It is recommended that nominations be called for three Councillors to attend the conference along with the Mayor, noting that Council have four voting delegates.

A copy of the Program is attached.

Motions

Motions for inclusion at the conference are currently being called for, with a due date of 28 September 2020. Motions should be:

· consistent with the objects of the Association

· relate to local government in NSW and/or across Australia

· concern or are likely to concern local government as a sector

· seek to advance the local government policy agenda of the Association and/or improve governance of the Association

· have a lawful purpose (a motion does not have a lawful purpose if its implementation would require or encourage non-compliance with prevailing laws)

· are clearly worded and unambiguous in nature, and

· do not express preference for one or several members over one or several other members

Outlined below are Motions for submission to the conference on behalf of Wagga Wagga City Council:

Adult lay down change facilities

LGNSW continue to advocate for adult lay down change facilities to be installed on NSW highways.

Notes from Council

Due to COVID-19 we have all experienced recently being restricted in travel, from visiting family and friends, to not being able to attend appointments or other events. For many with a disability this is a challenge faced every day due to the lack of appropriate bathroom facilities along the highways of NSW. This leaves the options of either not travelling, being changed on the floor of public bathrooms, or remaining in soiled nappies until an appropriate facility is reached many hours away. Installing adult lay down change facilities means that travelling throughout the state becomes a possibility.

Accessible Athletics Fields

LGNSW advocates to State and Federal Governments to improve athletics facilities to increase accessibility and involvement for participants with a disability.

Notes from Council

Athletics provides a unique opportunity not readily available to other sports in its ability for abled body participants and those with a disability to participate, train and compete together. One of the significant barriers uniquely facing athletics is the need for synthetic tracks and other facilities to be installed. Calling on all levels of government to help ensure these facilities are improved and make accessible will have long term benefits for individuals and the community.

Code of Conducts Complaints

LGNSW advocate for more resources from the State Government to address code of conduct complaints.

Notes from Council

Code of conduct complaints are intended to be a legitimate mechanism for addressing concerns at the local government level. However, this process is devalued due to outrageous delays in investigating and ruling on these matters. Often the State Government will criticise councils for their behaviour while simultaneously making the process slow and ineffective.

Standards for Solar Farm Glare

LGNSW advocate for guidelines in relation to the impact of glare from solar farms on nearby residents.

Notes from Council

There are standards for noise and odour, but none for glare for solar farms. With the increase in solar farms and the impact that some have on residents due to glare, there are no standards to assess the impact on proposals. This creates the challenge of either approving them and residents living with the consequences, or declining proposals for fear of the impact of glare that may not eventuate.

Airport Security Upgrade Costs

LGNSW advocate to State and Federal Government for support in the cost of airport security screening for regional airports.

Notes from Council

Increasing security requirements for regional airports have significant impacts, not just on airlines themselves, but on councils who have to redesign terminals to meet constantly changing security requirements. Support is needed from all levels of government to ensure new requirements can be met without the full burden of cost being placed onto local councils.

Arts and Entertainment Sector Support

LGNSW advocate to State and Federal Government to support the arts and entertainment sector throughout NSW, especially in regional areas due to COVID-19.

Notes from Council

There has not been an industry that hasn’t been impacted by COVID-19, and while many are relying on JobKeeper and other supports, those in the arts and entertainment sector have been overlooked or ineligible for support due to the specific nature of their work. The arts and entertainment sector are estimated to contribute up to $20 billion a year and employ tens of thousands of people. This sector needs significant support to be ready to reactivate post-COVID-19 and/or adapt to the new challenges facing their sector.

Financial Implications

No financial implications due to this year’s online format.

Policy and Legislation

POL 025 - Payment of Expenses and Provision of Facilities to Councillors.

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We have leaders that represent us

Risk Management Issues for Council

N/A

Internal / External Consultation

N/A

Attachments

1 ⇩.

LGNSW Annual Conference 2020

Report submitted to the Ordinary Meeting of Council on Monday 14 September 2020

RP-6

RP-6 Risk Management Policy Review - POL 079

Author: Ingrid Hensley

General Manager: Peter Thompson

Summary:

Council’s Risk Management Policy (POL 079) is required to be reviewed every two years with any amendments approved by Council. Good governance suggests that this Policy be reviewed by Council’s Audit, Risk and Improvement Committee in the first instance.

Recommendation

That Council:

a endorse the draft Risk Management Policy (POL 079), that is to be placed on public exhibition for a period of 28 days from 15 September 2020 to 12 October 2020 and invite public submissions until the 26 October 2020 on the draft Policy

b receive a further report following the public exhibition and submission period:

i addressing any submissions made in respect of the proposed Risk Management Policy (POL 079)

ii proposing adopting of the Policy unless there are any recommended amendments deemed to be substantial and requiring a further public exhibition period

Report

Council’s POL 079 Risk Management Policy is reviewed every two years. This review has resulted in amendments, to align to the Corporate Risk Register Review and also incorporating changes as a result of the changes to the Risk Management – Guidelines AS ISO 31000:2018. The revised Policy also more clearly articulates the relationship between the Policy and the Risk Management Framework.

The requirement that councils proactively manage any risks they face under the new guiding principles of the Local Government Act 1993 (NSW) resulted in the development of a regulatory framework to establish a risk management framework within councils. It is anticipated further review of Council’s Risk Management Policy and Framework will take place once the proposed operational framework is finalised, and which was considered in the Discussion Paper, ‘A New Risk Management and Internal Audit Framework for Local Councils in NSW’.

Given the changes to the Risk Management principles in particular, although the intent and key themes are still very similar, it is recommended the Policy be presented to Council. This also provides Council with an opportunity to review the Risk Appetite Statement.

To allow community feedback on the draft Policy, it is recommended that the draft Policy be placed on public exhibition for 28 days 15 September 2020 to 12 October 2020 and invite public submissions until the 26 October 2020.

Financial Implications

N/A

Policy and Legislation

Risk Management Policy – POL 079

The Risk Management – Guidelines AS ISO 31000:2018 cancels and replaces the first edition (ISO 31000:2009) which has been technically revised. The main changes compared to the previous edition include:

- review of the principles of risk management, which are the key criteria for its success;

- highlighting of the leadership by top management and the integration of risk management, starting with the governance of the organisation;

- greater emphasis on the iterative nature of risk management, noting that new experiences, knowledge and analysis can lead to a revision of process elements, actions and controls at each stage of the process; and

- streamlining of the content with greater focus on sustaining an open systems model to fit multiple needs and contexts.

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We are accountable and transparent

Risk Management Issues for Council

Council policies are essential to ensure transparent legal, fair and consistent decision-making across the Council. They support Council in achieving its corporate objectives and provide a critical guide for staff, Councillors and other stakeholders. In the absence of effective policies there is a greater risk of inconsistency, confusion and inefficiency.

Internal / External Consultation

Internal communication with relevant areas and the Audit, Risk and Improvement Committee on 13 August 2020.

During the public exhibition period, the following will be undertaken to engage with the community:

· The draft policy will be placed on Council’s website during the exhibition period.

· An article in Council News, together with the required advertisements of the public exhibition period.

· Social media promotion.

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 ⇩.

Draft Risk Management Policy – POL 079

Report submitted to the Ordinary Meeting of Council on Monday 14 September 2020

RP-7

RP-7 FEES AND CHARGES AMENDMENT - WASTE CHARGES ON PROPERTIES WITH A SECONDARY DWELLING

Author: Carolyn Rodney

Director: Natalie Te Pohe

Summary:

This report proposes to amend the 2020/21 Fees and Charges to include the ability for the waiver of the additional domestic waste management service charges for properties with a secondary dwelling utilised by a family member.

Recommendation

That Council:

a place the following new fees and charges wavier on public exhibition for a period of 28 days from 15 September 2020 to 13 October 2020:

Family Secondary Dwelling:

Additional Domestic Waste Management Service Charge:

Waive on application and Council Officer approval – the second Domestic Waste Management Service Charge – Urban Residential - where the waste requirements deem the 2nd service unnecessary.

Supporting documentation: Statutory Declaration signed by all owners, stating relationship to occupant of second dwelling and request to remove service and associated charges.

Annual validation of the application is required by the submission of current documentation as detailed above. This will include review of any complaints (contamination, back yard burning, etc). Upon approval, property is no longer eligible for any other subsidised waste service (large family, medical waste).

b invite public submissions on the proposed new fees and charges waiver until 13 October 2020

c receives a further report following the public exhibition period:

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

ii proposing retrospective adoption of the new fees and charges waiver for the 2020/21 financial year if the service has not been provided, unless there are any recommended amendments that will require a further public exhibition period

Report

A request has been received by a property owner regarding the current additional waste collection fee charged to their property which has recently had a secondary dwelling constructed on it.

At present, properties which have a secondary dwelling on their property are automatically charged an additional garbage charge – the 3-bin domestic fee, currently $357 annually. This service and charge are to ensure adequate waste facilities are provided for tenants of secondary dwellings. An increase in secondary dwellings on properties for family members is becoming more common, especially with the ageing population.

Staff have considered this request and are proposing that Councillors consider amending the 2020/21 Fees and Charges to include the following waiver:

Family Secondary Dwelling:

Additional Domestic Waste Management Service Charge:

Waive on application and Council Officer approval – the second Domestic Waste Management Service Charge – Urban Residential - where the waste requirements deem the 2nd service unnecessary.

Supporting documentation: Statutory Declaration signed by all owners, stating relationship to occupant of second dwelling and request to remove service and associated charges.

Annual validation of the application is required by the submission of current documentation as detailed above. This will include review of any complaints (contamination, back yard burning, etc). Upon approval property is no longer eligible for any other subsidised waste service (large family, medical waste).

The proposed amendment’s intent is to provide an appropriate level of service to properties who house additional family members on their property in a secondary dwelling. The amendment includes the requirement for supporting documentation and an annual validation. This is to ensure that property owners with a secondary dwelling do provide adequate waste facilities for their tenants.

Financial Implications

The current annual Kerbside Waste Domestic fee for the 2020/21 financial year is $357. Removing the requirement for secondary dwellings to be charged an additional fee, will be cost neutral for Council.

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

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We are accountable and transparent

Risk Management Issues for Council

There is the potential that a properties waste needs will not be able to be met without the second service, and Council could see an increase in complaints.

Internal / External Consultation

The proposed new fees and charges will be publicly exhibited through Council News and on Councils 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

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 Monday 14 September 2020

RP-8

RP-8 COVID-19 Relief Package - public exhibition report

Author: Dominic Kennedy

Director: Michael Keys

Summary:

COVID-19 Relief Package – public exhibition report.

Recommendation

That Council:

a continue to charge City Development fees associated with item numbers: 0890-0899

b adopt all other addendums related to the Wagga Wagga Local Infrastructure Contributions Plan 2019-2034, the Wagga Wagga City Council Development Servicing Plan Sewerage Services 2013, and the Wagga Wagga City Council Development Servicing Plan Stormwater 2007

Report

At the 13 July Council meeting it was resolved that Council would place on public exhibition the three addendums to the:

· Wagga Wagga Local Infrastructure Contributions Plan 2019-2034,

· Wagga Wagga City Council Development Servicing Plan Sewerage Services 2013, and the

· Wagga Wagga City Council Development Servicing Plan Stormwater 2007.

A report would then be provided following the public exhibition addressing any submissions.

Public exhibition concluded on Friday 28 August 2020. One submission against the proposed fee changes was received from Steve Baker, representing Riverina Building Approvals. Mr Baker’s concern is that due to private building certifiers relying on fees associated with City Development item numbers: 0890-0899, that these should be excluded from the list of waived fees. A copy of Mr Baker’s letter is attached.

It is recommended that fees 0890 through 0899 are not waived, but all other fees noted in the report will be waived as proposed.

No other submissions were received.

Financial Implications

The anticipated financial implications are outlined in the attached 13 July 2020 Council report for each of the areas.

Policy and Legislation

- Fees & Charges

- Sportsground user agreements

- Recreation Open Space Community (ROSC) strategy

- Wagga Wagga City Council Development Servicing Plan Stormwater – November 2007

- Wagga Wagga City Council Development Servicing Plan Sewerage Services – July 2013

- Wagga Wagga Local Infrastructure Contributions Plan 2019 - 2034

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

Financial risk of lost revenue

Risk associated with region entering recession

Risk associated with lower community participation and less engaged community

Risk associated with higher unemployment within region

Risk associated with Council engagement with business community

Internal / External Consultation

Internal consultation with various Council departments included: Community Services, Parks Operations.

Council Officers have facilitated focus groups with development industry and community organisations.

Council resolution was placed on public exhibition.

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 ⇩.	COVID-19 Relief Package report from 13 July meeting
2 ⇩.	Letter from Steve Baker - Riverina Building Approvals

Report submitted to the Ordinary Meeting of Council on Monday 14 September 2020

RP-9

RP-9 Sewer Connection for Wagga Wagga Christian College - Private Works

Author: Sylvester Otieno

Director: Warren Faulkner

Summary:

This report seeks Councils approval to fund the installation of a new pipe within the Wagga Wagga Christian College from their low-pressure system to Council’s new sewer rising main in Kooringal Road.

Recommendation

That Council:

a approve the installation of private pipework for connecting Wagga Wagga Christian College to the new sewer rising main between Hammond Avenue and Kooringal Sewer Pump Stations

b approve the work to be fully funded by Council at no charge to the College

c approve an allocation of $17,000 from the Sewer Reserve to fund the works.

d receive a further report once the works are completed in accordance with Clause 4 of Section 67 of the Local Government Act 1993, and

e authorise the General Manager or their delegate to enter into agreement with the College with regards to ownership of the completed works

Report

The existing sewer rising main from SPS15 Hammond Avenue to SPS16 Kooringal has been replaced with a new sewer rising main. Alignments of the existing and new mains are shown in Figure 1 by red and blue lines respectively.

Figure 1 – Sketch of Sewer Network

The new main follows a different alignment for several reasons:

1. The existing main is made of asbestos concrete (AC) and has reached the end of its useful life

2. The existing main has failed in the past

3. In the Sewer DSP 2013, the strategy was to divert flows from the easternmost sewer pump stations (SPS17 Industrial and SPS26 Kyeamba) by directly pumping to the new rising main. This is as opposed to the current arrangement where SPS17 and SPS26 pumps to SPS15 Hammond Avenue

4. Alignment of the new rising main is designed to avoid the railway corridor. Obtaining permission to locate the new main within the corridor is a long and cumbersome process.

As a result of the new alignment, the connection point for the Wagga Wagga Christian College must be relocated as the old rising main has been decommissioned. The route of the existing connection is shown by green line on Figure 1. The proposed new connection pipework is shown by the yellow line.

As a temporary measure, a 63mm poly line from the College’s connection into the old main was run in the rail corridor to the new rising main in Kooringal Road to ensure continuity of service for the College. However, as the temporary line is solely for the benefit of the College, it is a connection that now traverses private property and needs to be rectified. Because re-routing the main results in a significant impact for the College to be able to connect its internal pipework to Council’s new main, it is recommended that Council fully fund the construction of the proposed connection pipework. Upon completion of construction, ownership of the 330m long by 63mm diameter pipework shall revert to the College. Council will enter into written agreement with the College in this regard.

Financial Implications

The estimated cost for installing the 330m long pipe is $17,000 and is expected to be undertaken by contract during the October 2020 School Holidays. It is recommended that the $17,000 be funded from the Sewer Reserve.

Policy and Legislation

Local Government Act, Section 67 – Private Works

Sewer Policy POL037

Link to Strategic Plan

The Environment

Objective: We create a sustainable environment for future generations

Outcome: We are proactive with our waste management

Risk Management Issues for Council

There is a reputation and legal risk for Council in not rectifying a temporary sewer connection line installed within private property without an easement. The proposed scope of works will eliminate these risks.

There is also risks associated with implementing these projects relate to process, cost, environmental, WHS and contractor performance. These risks are addressed as part of Council’s project management and contractor performance management systems.

Internal / External Consultation

Consultation has occurred with the Wagga Wagga Christian College about the alignment of the sewer pipe and ownership/maintenance responsibilities following completion of the works. The college concurs with all consultation that has occurred.

Report submitted to the Ordinary Meeting of Council on Monday 14 September 2020

RP-10

RP-10 Regional Road Transfer & Road Classification Review

Author: Warren Faulkner

Summary:

This report formalises Council’s nominations of roads to be submitted for reclassification to the Independent Panel as part of the NSW Governments Regional Road Transfer and Road Classification Review project.

Recommendation

That Council authorise the General Manager or their delegate to make a submission to the Independent Panel for the NSW Government Road Classification Review project, requesting the following changes:

a transfer to a State Road

i MR384 Tumbarumba Road from the north bound access to the Hume Highway to the boundary with the Greater Hume Shire Council.

b reclassification to a Regional Road

i Holbrook Road from Bourke Street to Red Hill Road

ii Glenfield Road from Red Hill Road to Urana Street

iii Pearson Street from Urana Street to the Sturt Highway

iv Byrnes Road from Merino Road to the boundary with Junee Shire Council

c reclassification to a Local Road

i Bourke Street from Holbrook Road to the railway crossing

ii Docker Street from the railway crossing to the Sturt Highway

d reclassification to a Regional Road and transfer to a State Road

i Eunony Bridge Road from the Sturt Highway to Oura Road

ii Byrnes Road from Oura Road to Merino Road

iii Merino Road from Byrnes Road to the Olympic Highway

Report

As part of its campaign at the last State election, the NSW Government announced that it would reclaim up to 15,000km of Regional Roads in order to ease the burden of road costs on Councils and local ratepayers and support Councils to better manage and maintain the rural road network.

In January of this year, the State Government put the wheels in motion to meeting this commitment by announcing that a Road Classification Review would also be undertaken in parallel with the Regional Road Transfer and invited Councils to make comment on Terms of Reference for the project. The NSW Government also set up an Independent Panel to coordinate and manage the process.

In June 2020, a project update flyer and Information Paper for the project was released by the Independent Panel and consultation between the Independent Panel and each Joint Organisation (JO) of Councils commenced.

Councils are now invited to make submissions to the panel by 25 September 2020.

The Terms of Reference for the project, the Information Paper and the Project Update Flyer form annexures to this report and can be accessed at https://yoursay.transport.nsw.gov.au/regional-road-transfer-and-road-classification-review

Regional Road Transfers

Wagga Wagga City Council has 178.2km of roads classified as Regional Roads that are eligible for transfer to the State Government under this commitment, namely:

MR59 – Lockhart Road (23.4km)

MR211 – Mangoplah Road (47.0km)

MR240 – Coolamon Road (22.0km)

MR384 – Tumbarumba Road (47.2km)

MR543 – Rock to Coolamon Road (38.6km)

A map showing the Regional and State Road network across the Wagga Wagga City Council area is as follows:

The commitment of the State Government to reclaim up to 15,000km of Regional Roads is a once in a lifetime opportunity for Councils to divest themselves of all responsibilities associated with being the roads authority for a Regional Road. This provides potential improvements to Councils’ financial sustainability as the asset expenses are taken off their books. However, Council needs to aware of the operational impacts associated with any roads transfer and the risks with the overall transfer project. As Wagga Wagga City Council does not have a Road Maintenance Council Contract (RMCC) in place with the State Government to undertake any maintenance or construction works on State Roads such as the Sturt and Olympic Highways within our Council area, our ability to potentially absorb the resourcing impacts of a transfer is limited.

Council receives a contribution from the State Government via a tied grant in the order of $1.9m per annum to manage and maintain its Regional Road network. Council spends this annual allocation utilising its own in-house resources and does not budget to spend any other source of funding on the Regional Road network. An unknown risk with the transfer process is what the State funding allocations will be for Regional Roads if a significant quantity are transferred to the State. That is, the transfer of Regional Roads could have a significant effect on being able to fund Council’s existing resources as the quantum of work we currently undertake will be less without having an RMCC in place and the State contribution to managing and maintaining the Regional Road network could be less if they are responsible for a significantly larger State Road network.

That being said, Tumbarumba Road is a Regional Road that is 95km long and has different classifications across the three Councils that it traverses. It is a State Highway within the Snowy Valley Council and all but the last kilometer within the Greater Hume Shire Council. From there, the rest of the road (approximately 48km) is a Regional Road, the majority of which is within the Wagga Wagga Council area. The inconsistent classification along the length of this road has been identified as a constraint in the Riverina Eastern Regional of Councils (REROC) Regional Freight Transport Plan because it makes planning and funding improvements challenging given it is a significant route for the movement of timber products, in particular along the section of the road within the Wagga Wagga Council area from our boundary to the Hume Highway. As a minimum, to address this constraint and support the strategies of Goal One in the REROC Regional Freight Transport Plan, it is recommended that the section of Tumbarumba Road south of the Hume Highway be nominated for transfer to become a State Road. Transferring of this section of Tumbarumba Road will have minimal impact on Council’s operations.

The REROC Regional Freight Transport Plan is attached as an annexure to this report and can be accessed at https://reroc.com.au/regional-freight-transport-plan

Council can nominate more of the Regional Road network for transfer; however, it is not recommended as no other adjoining Councils are proposing to transfer any of their Regional Roads to the State and agreement should be reached between Councils that have roads running across local government boundaries, with support from the REROC.

Road Reclassifications

Items RN1.1, RN2.1, RN2.3 and RN3.1 of the Wagga Integrated Transport Strategy and Implementation Plan 2040 are actions that require Council to implement the road hierarchy plan presented at Figure 9 of the document.

In particular, item RN2.3 requires Council to enter into negotiations with the RMS (now Transport for NSW) to transfer the regional road status of Bourke Street to Glenfield Road/Pearson Street.

The Integrated Transport Strategy and Implementation Plan items and Figure 9 are as follows:

Item	Action
RN1.1	Implement the road hierarchy plan that correlates with major traffic movements.
RN2.1	Implement the road hierarchy plan to ensure that major road corridors provide for functional and efficient movement of traffic.
RN2.3	Enter into negotiations with RMS to transfer regional road status from Bourke Street to Glenfield/Pearson Street corridor
RN3.1	Implement an efficient road network

The Road Classification Review is the process to action this item and it is therefore proposed that Council will submit the Glenfield Road/Pearson Street corridor from the Bourke Street intersection to the Sturt Highway/Olympic Highway intersection for classification as Regional Road and submit Bourke Street from the Holbrook Road intersection to the Sturt Highway/Docker Street intersection for classification as a Local Road. The change in length of the Regional Road network in undertaking this ‘swap’ is negligible.

Figure 9 also identifies that Eunony Bridge Road and Byrnes Road be classified as a Regional Road. As a minimum, these roads will be submitted and nominated for classification as Regional Roads, in particular noting that Junee Shire Council are nominating Byrnes Road be classified as a Regional Road.

However, it is recommended that the Eunony Bridge Road, Byrnes Road and Merino Road link between the Sturt Highway and Olympic Highway be nominated as roads for reclassification as Regional Roads and then transfer to State Roads as these roads effectively form a major arterial link between the Olympic Highway and the Sturt Highway for the movement of freight to and from the east and north to the Riverina Freight and Logistics (RiFL) terminal and the Special Activation Precinct (SAP). There is a very strong case for these roads to be considered as State Roads as they align with several of the principles for a State Road outlined in the Information Paper. The classification of these roads as State Roads would alleviate Council of the financial responsibility of managing, maintaining and renewing these assets in the years to come as the utilization and importance of them becomes greater with the construction of the RiFL and development of the SAP. There is minimal risk to Council in requesting transfer of these roads to the State once they are classified as Regional Roads noting that the significant investment in road and bridge works to upgrade these roads to HML standards to service the Bomen Industrial Precinct have predominately been funded by the State and Federal Governments.

It is not proposed to submit any other local roads for classification as Regional Roads and all existing Regional Roads within the Wagga Wagga City Council area (apart from Bourke Street as discussed above) are proposed to remain as Regional Roads unless the Council determines otherwise.

Financial Implications

It is difficult to determine exactly what financial implications there will be for Council out of the State Governments Regional Road Transfer and Road Classification Review project because our nominations are not guaranteed and we are part of a State wide process that could considerably change the funding allocations based on the new classifications.

If all things were equal and Councils nominated changes in classification and transfer of roads was recommended by the independent Panel to and supported by the State Government, then based on the total change in length of classification of roads as presented in the following table, Council could expect a reduction in roads that it is responsible to manage and maintain leading to a more favourable position with respect to ‘own source funding’ for local roads whilst receiving the same State contribution (grant) to manage and maintain the proposed Regional Road network.

	Current Classification			Proposed Classification
	Local Road (km)	Regional Road (km)	State Road (km)	Local Road (km)	Regional Road (km)	State Road (km)
MR59 - Lockhart Road		23.4			23.4
MR211 - Mangoplah Road		47			47
MR240 - Coolamon Road		22			22
MR384 - Tumbarumba Road		47.2			35.9	11.3
MR543 – Rock/Coolamon Rd		38.6			38.6
Eunony Bridge Road	3.6					3.6
Byrnes Road	18.1				13.5	4.6
Merino Road	2.2					2.2
Total by classification	23.9	178.2	0	0	180.4	21.7
Totals by ownership	202.1		0	180.4		21.7
			Transfer in ownership	-21.7		+21.7

		- WWCC responsibility			- TfNSW responsibility

However, this is only one possibility amongst a myriad of scenarios. Whatever the outcome may be at the conclusion of the review, Council should rest easy knowing that it has made well thought out and balanced nominations for the future of the Council area in line with the economic and planning principles of the NSW Governments Future Transport 2056 Strategy.

It should also be noted that part of the Federal Governments Financial Assistance Grant (FAG) and Roads to Recovery allocation is calculated on the basis of local road length. The reduction in local road length of 21.7km represents less than 1% change and may result in a slight reduction to Councils grant incomes for roads, however this possible financial imposition would be far less than the gains flowing from the reclassifications and transfer.

Policy and Legislation

Part 5 of the Roads Act 1993 allows the State Government to classify roads as State Highways and Main Roads amongst other classifications. These classifications include all State Roads and Regional Roads and is the legal mechanism to assist in the allocation of State Government roads funds and road management responsibilities.

Link to Strategic Plan

Growing Economy

Objective: We are a Regional Capital

Outcome: We have complete and accessible transport networks, building infrastructure, improving road travel reliability, ensure on-time running for public transport

Risk Management Issues for Council

As eluded to in the report, the Regional Road Transfer and Road Classification Review project could have a significant impact on Council, even if Council took the approach of ‘Do Nothing’ and continue with the status quo as this project is a State wide process for all Councils as part of the classification review and Regional Councils only for the transfer opportunity (Greater Sydney, Wollongong and Newcastle excluded).

The classifications and transfers recommended are a balanced view for Council based on the principles of the transfer and review process as outlined in the Independent Panels Information Paper.

The extent of the impact will not be known until the Independent Panel delivers its final report and recommendations through the Minister for Regional Transport and Roads to the NSW Government, the expected timing of which is July 2021. However, this timeframe is indicative only and subject to change due to consultation processes.

Whatever the outcome of the Independent Panel’s recommendations may be for Council, section 60 of the Roads Act 1993 allows Council, as the roads authority, to appeal to the Minister against the decision if Council is aggrieved with the Independent Panel’s recommendation.

Internal / External Consultation

Contact has been made with the relevant Director at each of our adjoining Councils that have a Regional or State road running across the boundary to understand their intent with respect to the classification of roads and/or transfer of Regional Roads and ensure a consistent approach between the Councils.

Attachments

1.	REROC Regional Freight Transport Plan 2019 - Provided under separate cover
2.	Regional Road Transfer & Road Cassification Review\NSW Road Classification Review and Transfer Information Paper 2020 - Provided under separate cover
3.	Regional Road Transfer & Road Cassification Review\Terms of Reference Independent Panel Regional Road Transfer and NSW Road Classification Review - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Monday 14 September 2020

RP-11

RP-11 RESPONSE TO QUESTIONS/BUSINESS WITH NOTICE

Author: Scott Gray

General Manager: Peter Thompson

Summary:

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.

Report

The following is in response to Questions/Business with Notice raised at previous Ordinary Council meetings.

Councillor R Kendall requested feedback on works currently being undertaken on the runway at the Wagga Wagga Airport.

Bollards had been placed on the existing taxiway to redirect planes to the grassed area which was significantly affected by rain during the week of 17-21 August 2020 preventing use. Upon being notified of the issue Council Staff made arrangements with airport staff to temporarily remove the bollards allowing planes to taxi to the sealed runway area. Communication of the options was complicated by afterhours (outside normal construction period times) arrangements not being in place. The matter was further complicated by the Contractor opening up more of the earthworks that desirable, resulting in ponding and soil stockpiles being quite close to plane movements. This matter is no longer current due to better weather conditions this week.

Councillor D Hayes requested advice on the response from State MP’s on Council’s advocacy for lay down change facilities for the highway.

A letter was sent to the NSW Minister for Families, Communities and Disability Services on the 26 May 2020. To date there has been no response provided. Staff have contacted the Ministers Office to seek a response.

Councillor D Hayes praised the drainage works that were completed at the pedestrian’s crossings along Baylis St, but requested a further review of puddling occurring just back from pedestrian crossings, particularly around the Sturt Mall.

Staff will investigate the puddling and repair as appropriate.

Councillor D Hayes requested Council explore options regarding e-sports and a potential e-sports Tournament.

Council Staff have negotiated to host an online e-sports event to be promoted within the Riverina region commencing 29 September 2020. The event will be carried out over a four-week period made up of three weeks of heats and one week of finals. There will be two games played, one being a 13+ game using Rocket League, the second being a first-person combat game for 18+ using Counter Strike Global Offensive. Council will also have an option to host future events in the following two years following a review of the outcomes of this event. The prizes for the placegetters will be vouchers which will be redeemable within relevant local businesses.

The total cost to Council of hosting the event this year will be $7,000 which will be funded from existing event budgets.

Financial Implications

N/A

Policy and Legislation

Code of Meeting Practice

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We have leaders that represent us

Risk Management Issues for Council

N/A

Internal / External Consultation