Agenda of Ordinary Meeting of Council - Monday, 12 October 2020

Reports submitted to the Ordinary Meeting of Council to be held on Monday 12 October 2020.

Ordinary Meeting of Council AGENDA AND BUSINESS PAPER

Monday 12 October 2020

ORDER OF BUSINESS:

CLAUSE PRECIS PAGE

PRAYER 2

ACKNOWLEDGEMENT OF COUNTRY 2

APOLOGIES 2

Confirmation of Minutes

CM-1 Ordinary Council Meeting - 14 and 28 September 2020 2

DECLARATIONS OF INTEREST 2

Motions Of Which Due Notice Has Been Given

NOM-1 SPORTSGROUND NAMING SIGNAGE 3

Reports from Staff

RP-1 DA19/0654 - STABLE COMPLEX, MURRUMBIDGEE TURF CLUB, 140 TRAVERS STREET, WAGGA WAGGA NSW 2650 5

RP-2 Proposed Amendments to Policy 030 - Contaminated Lands Policy 10

RP-3 Community Support Program 12

RP-4 DISCLOSURE OF PECUNIARY INTEREST RETURNS - COUNCILLORS AND DESIGNATED STAFF 2020 20

RP-5 RESPONSE TO QUESTIONS/BUSINESS WITH NOTICE 23

Committee Minutes

M-1 CRIME PREVENTION WORKING GROUP 25

QUESTIONS/BUSINESS WITH NOTICE 30

Confidential Reports

CONF-1 EXTENSION OF ACCESS LICENCE AGREEMENT FOR MESSENGER AVENUE 31

CONF-2 Code of Conduct matter 32

PRAYER

ACKNOWLEDGEMENT OF COUNTRY

APOLOGIES

Confirmation of Minutes

CM-1 Ordinary Council Meeting - 14 and 28 September 2020

Recommendation

That the Minutes of the proceedings of the Meeting held on 14 and 28 September 2020 be confirmed as a true and accurate record.

Attachments

1 ⇩.	Ordinary Council Meeting Minutes - 14 September 2020	33
2 ⇩.	Ordinary Council Meeting Minutes - 28 September 2020

DECLARATIONS OF INTEREST

Report submitted to the Ordinary Meeting of Council on Monday 12 October 2020

RP-1

Reports from Staff

RP-1 DA19/0654 - STABLE COMPLEX, MURRUMBIDGEE TURF CLUB, 140 TRAVERS STREET, WAGGA WAGGA NSW 2650

Author: Cameron Collins

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 under Section 1.11 of the Wagga Wagga Development Control Plan 2010 (DCP) as more than 10 submissions objecting to the application have been received.

Recommendation

That Council approve DA19/0654 for a stable complex at the Murrumbidgee Turf Club, Lot 2 DP 840187, Lot 1 DP 663066 & Lot 7314 DP 1141841, Beckwith Street, Wagga Wagga, subject to the conditions outlined in the Section 4.15 Assessment Report.

Development Application Details

Applicant	Geoff Harrison
Owner	Crown land
Development Cost	$6,859,618.00
Development Description	Stable complex (Murrumbidgee Turf Club)

Report

Key Issues

· Proximity of adjoining residential land use and the impacts of the proposed development including odour, dust, noise, waste management and traffic.

· Submissions

Assessment

· The development is for the construction and operation of a stable complex (for up to 125 horses) forming part of the Murrumbidgee Turf Club (MTC) site. The facility will provide for the training, stabling and care of race horses in association with the operation of the existing MTC racecourse.

· The proposal also includes a veterinary clinic which will be used for the treatment and care of horses stabled within the facility.

· Key operations in relation to the stables include trackwork/training activities (4:30am-9:00am daily), horse tending activities (9:00am – 5:00pm daily), general administration, veterinary and maintenance activities (9:00am – 5:00pm Mon to Sat) and extended hours for MTC race day activities and away race day activities/transportation.

· Under the provisions of the LEP, the site is zoned both RE2 (private recreation) and RE1 (public recreation). The public recreation land includes a small section of the adjacent velodrome/cricket ground land which has been approved to be transferred into the larger MTC site.

· The stables are ancillary to the existing horse racing facility on the MTC site which is defined under the LEP2010 as a ‘recreational facility (major)’. This land use is permissible in both the RE1 and RE2 zones.

· The applicant states that the development is in response to increasing demands of the racing industry to provide quality horse accommodation and training facilities on the site, largely driven by increasingly stringent requirements surrounding animal welfare and current industry-standards of care. The historical decline of stabling with surrounding areas with the ongoing development of residential land uses has also contributed to this need.

· The site is adjacent to existing and developing residential neighbourhoods which results in potential for land use conflict with the proposed development.

· Notification of the application to surrounding landowners and residents has resulted in the receipt of 16 written objections to the development raising a variety of concerns including the potential impacts of noise and odour and also impacts resulting from additional traffic and waste management.

· The applicant has prepared specialist assessment reports for noise, odour, waste management and traffic, examining the proposal including its design and management processes. All of the reports conclude that the development can proceed with acceptable levels of impact subject to certain recommendations relating to the management and operation of the facility.

· Recommended conditions of consent have been included to require that the facility operates in accordance with the recommendations of the specialist assessment reports. This includes the preparation and implementation of an overall Operational Environmental Management Plan (OEMP) that will include all required environmental management procedures.

· The development has been assessed and is consistent with the provisions of the WWLEP 2010, the WWDCP 2010 and relevant State Environmental Planning Policies.

· Additional matters including heritage, parking, stormwater management, servicing, visual impacts and landscaping have been considered as part of the assessment and deemed satisfactory.

· Overall, the impacts of the proposed development are assessed as being acceptable, subject to compliance with proposed management practices and additional conditional requirements.

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

Reasons for Approval

1. The development is consistent with the provisions of the WWLEP 2010, the WWDCP 2010 and relevant State Environmental Planning Policies.

2. The impacts of the development are considered acceptable due to appropriate management practices being proposed by the applicant and recommended conditions of consent being included.

3. Matters raised in objections have been addressed and conditions recommended where relevant.

4. Approval of the development is in the public interest as the development will support the continued sustainable operation of the MTC and the economic and social benefits that it affords to the city and wider region.

Site Location

The subject development site is located over parts of the following land parcels located on the eastern side of Beckwith Street opposite its intersection with Crampton Street:

· Lot 2 DP 840187 - This is the Murrumbidgee Turf Club (MTC) site. It is Crown land that is managed by the MTC. It has a land area of 60.22 hectares and the development will occupy approximately 3.5 hectares of the south eastern corner of the site adjacent to Beckwith Street.

· Lot 1 DP663066 - This is the velodrome/cricket ground site, having a land area of 3.38 hectares. It is Crown land and is managed by Council. A recent transfer of a small part of the northern corner of the allotment (2110 square metres) into the MTC site was approved under Development Consent DA18/0618. Part of the proposed development will occupy the 2110 square metre section approved to be transferred into the MTC site.

· Lot 7314 DP 1141841 - This is a narrow strip of Crown land (929 square metres) that runs along the eastern boundary of the velodrome/cricket ground site and also along a small section of the eastern boundary of the MTC site. The proposal will involve the construction of a driveway over this land to provide access from Beckwith Street.

Financial Implications

N/A

Policy

· Wagga Wagga Local Environmental Plan 2010

· Wagga Wagga Development Control Plan 2010

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 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 notified to surrounding properties from 3 March 2020 to 3 April 2020. Sixteen submissions in the form of objections were received. Riverina Water provided comments and raised no objection to the development.

The details of the objections are attached to this report. Matter raised in the objections have been addressed in the attached assessment report under the provisions of Section 4.15 of the Environmental Planning and Assessment Act 1979.

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.	DA19-0654 - 4.15 Assessment Report - Provided under separate cover
2.	DA19-0654 - Plans - Provided under separate cover
3 .	DA19-0654 - Statement of Environmental Effects - Provided under separate cover
4 .	DA19-0654 - Redacted submissions - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Monday 12 October 2020

RP-2

RP-2 Proposed Amendments to Policy 030 - Contaminated Lands Policy

Author: Paul O'Brien

Director: Peter Thompson

Summary:

This report proposes to adapt the policy to Council’s policy template and remove the procedures from the Contaminated Lands Policy – POL 030.

Recommendation

That Council:

a note the amendment is minor and does not require public exhibition

b endorse and adopt the update to the Contaminated Lands Policy – POL 030

Report

At the ordinary Council meeting held on Monday 28 August 2017, Council adopted the draft Contaminated Lands Policy.

The policy resulted from the Riverina and Murray Regional Organisation of Councils (RAMROC) and Riverina Eastern Regional Organisation of Councils (REROC) jointly receiving funding under the Regional Capacity Building Program under the Contaminated Land Management Program administered by the NSW Environmental Protection Authority (EPA) and funded by the NSW Environmental Trust.

The project was established utilising this funding to provide capacity and assistance for the management of contaminated sites in regional and rural NSW. The objectives of the program were to improve the management of non-regulated contaminated sites in regional areas of NSW and improve access to contaminated site expertise and increase the technical capacity of local government in regional areas.

The Policy outlines the requirements relating to the use and/or development of land that is or may be contaminated. The Policy has been developed in accordance with the provisions of the Contaminated Land Management Act 1997, State Environmental Planning Policy No. 55 – Remediation of Land (SEPP 55) and the Managing Land Contamination – Planning Guidelines.

When adopted the Policy include procedures that replaced existing procedural documents relating to contaminated land.

Updates are intended to achieve the following:

§ To bring the policy in line with other Council policies and reflect Council’s policy template (attachment 2)

§ Update references to Environmental Planning and Assessment Act 1979 in line with 2017 legislative updates

§ Remove the procedure section of the policy

§ Have a standalone internal procedure (attachment 3)

The original Contaminated Lands Policy adopted on 28 August 2017 is attached with track changes indicating the proposed changes (attachment 1).

Financial Implications

N/A

Policy and Legislation

Environmental Planning and Assessment Act 1979

Contaminated Land Management Act 1997

State Environmental Planning Policy No. 55 – Remediation of Land

Managing Land Contamination – Planning Guidelines

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

The update and adoption of the Contaminated Land Management Policy ensures that there is a consistent process applied, and in effect, provides an additional control to mitigate the risk.

The adoption of the Contaminated Land Management Policy will ensure the effective management of contaminated land in the context of managing the risk of harm that land contamination poses to human health and the environment.

Internal / External Consultation

Internal consultation has been undertaken.

External consultation is not proposed as the changes proposed are minor in nature without changing the intent of the policy.

Attachments

1.	Original Contaminated Lands Policy - August 2017 - Provided under separate cover
2.	Revised Contaminated Land Management Policy POL 030 - September 2020 - Provided under separate cover
3.	Internal Procedure - Managing Contaminated Land - September 2020 - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Monday 12 October 2020

RP-3

RP-3 Community Support Program

Author: Peter Thompson

Summary:

On 14 September 2020 a report was presented to Council on the completion of Council’s response to this program, including the financial position for support of this program. This report is being presented after a workshop held on 21 September 2020.

Recommendation

That Council allocate the remaining funds in the amount of $7,861.91, to the Section 356 fee waiver financial assistance budget

Report

On the 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.

Council resolved for the 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 of $15,000 there was a total expenditure of $7,138.09 with the remaining amount of $7,861.91. It is proposed that the remaining funds in the amount of $7,861.91 be transferred to the Council budget for Section 356 donations of the Local Government Act 1993.

Financial Implications

Out of the total budget $15,000 there was a total expenditure of $7,138.09 with a remaining amount of $7,861.91.

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 an as 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 ⇩.	Council Meeting Report - 14 April 2020
2 ⇩.	Council Meeting Report - 14 September 2020

Report submitted to the Ordinary Meeting of Council on Monday 12 October 2020

RP-4

RP-4 DISCLOSURE OF PECUNIARY INTEREST RETURNS - COUNCILLORS AND DESIGNATED STAFF 2020

Author: Neil McDermott

General Manager: 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.

The General Manager reviewed the list of Designated Persons and, as a result, the number of persons who were required to complete and lodge a Return under Clause 4.21, was reduced.

Lodgement of Declarations of Pecuniary Interest Returns was required by 30 September 2020. 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 2020 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 and will also be available on Council’s website.

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 Monday 12 October 2020

RP-5

RP-5 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 P Funnell requested a response from staff in regards to lighting at San Isidore.

As advised in report RP-10 of the Council Meeting Business Paper on 10 August 2020, street lighting is not a requirement in rural residential subdivisions. A correction to note that the speed limit through the intersection is 80km/h was presented in report RP-27 of the Council Meeting Business Paper on 24 August 2020 . It was advised that delineation at the Kapooka Road and Benidict Avenue intersection was sub-standard and Operations committed to upgrading the signage and line marking to improve night visibility. The signage improvement work (new upgraded ‘T’ intersection ahead, ‘Give Way’ and ‘Bi-directional’ Hazard Marker at the end of Benidict Ave and additional ‘T’ intersection ahead and ‘Give Way’ signs) has been completed with the remarking of the centrelines and the Give Way holding line still to be completed.

Councillor P Funnell requested an update on COVID-19 restrictions at the Livestock Marketing Centre, in particular the return of private buyers.

The LMC is currently operating at Stage 2 of the LMC Covid19 Access Plan. Access is currently open to essential saleyard staff, essential agency staff and accredited agents, genuine buyers with a true intent to purchase (as advised by WSAA), livestock transporters and MLA Livestock Market Officers. Vendors, reporters or the public are restricted from accessing the venue. The LMC Covid 19 Plan includes provision for Stage 2 to be reviewed after 12 weeks of operation and this will occur on 19 October 2020. Moving to Stage 3 (lightening of restrictions) will be considered at that time and Stage 3 includes access for sale day vendors and nominated media representatives but does not allow access for the general public.

Councillor P Funnell requested advice on bin replacements in Fitzmaurice Street, near Meccanico.

A review of current street bin available in this vicinity in Fitzmaurice Street has indicated that historically there has only been one street bin provided. Council staff have identified that the growth in local food and beverage businesses in this area and the pedestrian traffic associated with those businesses support the addition of a new service. This will be acted on in the near future and subsequent monitoring once installed will help identify the level of service provided.

Councillor V Keenan requested an update from the General Manager following the reduction in Job Keeper during the past week and how this will affect the community and organisations Council has been providing support to during the COVID-19 pandemic.

Council is continuing to work closely with local business and industry representatives to monitor and review impacts and responses to the Covid 19 situation. The forecast changes to the job keeper payments have an issue for consideration and especially how they will impact small business and industry across Wagga Wagga and the region. There has been an increase in demand for training and education related to small businesses and how to be more resilient. This has been supported by additional resources and assistance for local industry support and advisory groups. Council will continue to work with these groups and monitor changes or responses in our community to identify areas for assistance or need as the changes come into effect.

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

N/A

Report submitted to the Ordinary Meeting of Council on Monday 12 October 2020

M-1

Committee Minutes

M-1 CRIME PREVENTION WORKING GROUP

Author: Janice Summerhayes

General Manager: Peter Thompson

Summary:

The Crime Prevention Working Group met on 21 September 2020

Recommendation

That Council

a receive the minutes of the Crime Prevention Working Group Meeting held on 21 September 2020.

b not proceed with a public expression of interest process to fill the current two vacant positions of the Crime Prevention Working Group for the reasons detailed in this report.

Report

The Crime Prevention Working Group (CPWG) met on 21 September 2020. As part of the minutes of the CPWG there is one recommendation seeking Council endorsement as follows:

Committee Resignations Report and Recommendations

On 13 August 2020 all members of Council Committees received a letter advising them that all advisory groups would continue in their roles for a further 12-month period in line with the amended Council election to take place in September 2021.

As advised at the meeting on 20 July 2020 two members of the CPCW have resigned. One of the vacant positions was represented by NSW Department of Justice. In a recent State government restructure this department has been combined with NSW Department of Family and Community Services to form the NSW Department of Communities and Justice (DCJ). Mr Brad Wotton, a current member of the CPWG already represents DCJ and will continue in this role so it is recommended that a replacement member is not required.

The other vacant position is due the resignation of a community member. Given there is still three active community members on the CPWG, it is recommended to not proceed with a public expression of interest process to fill this current vacant position of the Crime Prevention Working Group, as it is seen there is adequate community representation to support the remaining meetings through to the Council elections in September 2021.

Financial Implications

N/A

Policy and Legislation

Wagga Wagga Crime Prevention Plan 2017 – 2021

Wagga Wagga City Council Graffiti Management Plan 2017 - 2021

NSW Crimes Act

Crimes Appeals and Review Act

Other Acts and policies relevant to the relevant agencies

Link to Strategic Plan

Safe and Healthy Community

Objective: We are safe

Outcome: We promote safety and safe behaviours