Agenda of Ordinary Meeting of Council

Reports submitted to the Ordinary Meeting of Council to be held on Monday 12 July 2021.

Ordinary Meeting of Council AGENDA AND BUSINESS PAPER

Monday 12 July 2021

ORDER OF BUSINESS:

CLAUSE PRECIS PAGE

PRAYER 2

ACKNOWLEDGEMENT OF COUNTRY 2

APOLOGIES 2

Confirmation of Minutes

CM-1 Ordinary Council Meeting - 28 June 2021 2

DECLARATIONS OF INTEREST 2

Reports from Staff

RP-1 DA21/0213 - Demolition of existing shed and erection of shed in Heritage Conservation 3

RP-2 theDVproject:2650 Closeout Report 7

RP-3 Library Funding 68

RP-4 PROPOSED RELINQUISHMENT OF MANAGEMENT OF CROWN LAND RESERVE 97764 AT 759 OURA ROAD, EUNANOREENYA BEING LOT 3 DP 751405 72

RP-5 RESPONSE TO QUESTIONS/BUSINESS WITH NOTICE 75

QUESTIONS/BUSINESS WITH NOTICE 78

Confidential Reports

CONF-1 PROPOSED LEASE TO J.J. RICHARDS & SONS PTY LTD 79

CONF-2 PROPOSED SALE OF COMMERCIAL LAND PARCELS IN BOMEN AND EAST WAGGA WAGGA 80

CONF-3 CONTRACTOR INCIDENT REPORT 81

PRAYER

ACKNOWLEDGEMENT OF COUNTRY

APOLOGIES

Confirmation of Minutes

CM-1 Ordinary Council Meeting - 28 June 2021

Recommendation

That the Minutes of the proceedings of the Ordinary Council Meeting held on 28 June 2021 be confirmed as a true and accurate record.

Attachments

1 ⇩.

Mintues - 28 June 2021

DECLARATIONS OF INTEREST

Report submitted to the Ordinary Meeting of Council on Monday 12 July 2021

RP-1

Reports from Staff

RP-1 DA21/0213 - Demolition of existing shed and erection of shed in Heritage Conservation

Author: Paul O’Brien

General Manager: Peter Thompson

Summary:

The report is for a development application and is presented to Council for determination. The application has been referred to Council under Section 1.11 of the Wagga Wagga Development Control Plan 2010 (DCP) as the application includes variations to controls and to which submissions have been received.

It is proposed to vary the height requirements within C4 3.3.2 Garages and Carports which limits the height to 3.9 metres, and C3 and C4 within Section 9.4.4 which limits the floor area of an outbuilding and the cumulative area of all outbuildings to 8% of the subject site respectively. The variations will allow for the structure to be 4.3 metres in height and result in the total amount of outbuildings to be13.33% of the subject site.

The details of the submissions and justification for the required variations are contained within the attached Section 4.15 Assessment Report.

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Recommendation

That Council approve DA21/0213 for demolition of the existing shed and erection of shed in Heritage Conservation Area at 12 Macleay Street, Turvey Park NSW 2650 subject to the conditions outlined in the Section 4.15 Assessment Report.

Development Application Details

Applicant	Eric J. Tomes
Owner	Eric J. Tomes & June Alice Tomes
Development Cost	$23,000.
Development Description	Demolition of the existing shed and erection of shed in Heritage Conservation Area

Report

Key Issues

Variations to DCP Clauses 3.3.2 Garages and Carports C4 which requires the height of a garage within the Heritage Conservation Area to be below 3.9 metres in height. The proposed development will result in a garage being 4.3 metres in height. Also, Clauses C3 and C4 within Section 9.4.4 which requires the floor area of an outbuilding and the cumulative area of all outbuildings on any one property shall not exceed 8% of the subject site. The proposed development will result in 13.33% in area.

Site Location

The subject site is legally described as Lot 12 DP37353 at 12 Macleay Street, Turvey Park. The site is located on the western side of Macleay Street approximately 74 metres from the intersection of Macleay and Erin Streets and comprises of 524.80m² in area.

Assessment

The proposed development seeks consent for the construction of a shed with an attached carport and rainwater tank within the rear yard. The existing shed will be demolished to accommodate the proposed shed.

The proposed development seeks to vary the required height in C4 of 3.3.2 Garages and Carports and C3 and C4 within Section 9.4.4 of the DCP. Written justification was received by the application which stated that “the additional area requested for the shed is composed of weather awnings to protect the access points to the shed. The shed is orientated front to the East, and in aspect, is similar to the current shed that has deteriorated and contains asbestos sheeting. These additional awnings will not have an impact on neighbouring properties”. Whilst the justification does not address the variation in height the proposed shed is located within the rear yard and will replace an existing shed on site. The shed has been located in an area to mitigate impacts on the surrounding properties and will be effectively screened by the boundary fencing and vegetation. It should also be noted that the site slopes towards the north and each lot is stepped down which further mitigates the impact of the proposed shed. The variation in height is considered acceptable given the sheds location in the rear yard and the applicant received previous advice from Council’s Heritage Advisor whom raised no objections to the development.

One submission was received during the notification period. The submission has been addressed in detail in the attached s 4.15 report.

The proposed shed is considered reasonable given the proposed location and the design of the structure.

Reasons for Approval

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

2. The applicable objectives of Sections 2, 3 and 9 of the DCP are satisfied by the proposed development;

3. The proposed variations to the height requirements of C4 within Section 3.3.2 and C3 and C4 within Section 9.4.4 of the DCP have been justified;

4. For the abovementioned reasons it is considered to be in the public interest to approve this development application.

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 of the application is not considered to raise risk management issues for Council as the proposed development is generally consistent with LEP and DCP controls and the proposed variation has been fully assessed and justified.

Internal / External Consultation

Full details of the consultation that was carried out as part of the development application assessment is contained in the attached s4.15 Report.

Mail

Media

Community Engagement

Digital

Rates notices insert

Direct mail

Letterbox drop

Council news story

Council News advert

Media releases

TV/radio advertising

One-on-one meetings

Your Say website

Community meetings

Stakeholder workshops

Drop-in sessions

Surveys and feedback forms

Social media

Email newsletters

Website

Digital advertising

TIER

Consult

Involve

Collaborate

Attachments

1.	DA21_0213 - 4.15 Assessment Report - Provided under separate cover
2 .	DA21_0213 - Plans - Provided under separate cover
3 .	DA21_0213 - Justification from Applicant - Provided under separate cover
4 .	DA21_0213 - Redacted copy of submission - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Monday 12 July 2021

RP-2

RP-2 theDVproject:2650 Closeout Report

Author: Janice Summerhayes

General Manager: Peter Thompson

Summary:

Funded by the State Government through the Department of Communities and Justice, Round 2 of the Domestic and Family Violence Innovation Fund and in partnership with the Wagga Wagga Women’s Health Centre, Wagga Wagga City Council has been auspice to theDVproject:2650 over a three-year funded project period.

This report provides Council with the attached Project Closeout Report and the related Community Attitudes survey evaluation, along with acknowledging the contributions of others that have made the project a success.

Recommendation

That Council

a receive the Equity and Respect (theDVproject:2650) Closeout Report noting:

i that the report’s recommendations will be provided to the project funding body, Department of Communities and Justice and be made available to other relevant government bodies or organisations.

ii specific recommendations highlighted in the body of this report will be further advanced by the Wagga Women’s Health Centre.

b provide a letter of thanks to the State Government Department of Communities and Justice for the funding of the project and for their support over the past three years.

c provide a letter of thanks to the project Steering Committee members in acknowledgment of their valued contribution and support for the project over the past three years.

Report

theDVproject:2650 was a three year (July 2018 – June 2021) primary prevention initiative with an aim to reduce domestic and family violence in the City of Wagga Wagga. The project was implemented in partnership with Wagga Women’s Health Centre and funded by the NSW Department of Communities and Justice.

The project was focused on creating attitudinal change within the community through primary prevention activities such as policy review, training and educational workshops, presentations, major community advertising and messaging campaigns, development and distribution of supporting resources and targeted community projects. In the attached Closeout Report it summarises the key project and engagement activities that were implemented under the following three pillars and focus areas:

Organisational Change | Sector Engagement | Community-Wide Campaigns

The recommendations included in this report are based on the learnings from the project activities, previous research and best practice programs nationwide. These recommendations have been forwarded to the funding body and to KPMG as the evaluating organisation for the overall State funded projects. Other relevant government bodies and organisations will also be provided with the Project Closeout Report and recommendations for their consideration.

In addition, the Wagga Wagga Women’s Health Centre will be advancing some of the more targeted prevention activity recommendations, with funding that the Department of Communities and Justice has provided for nine months, post this project life. Some of the more targeted prevention activities will be derived from the project key learnings, also detailed in the Closeout Report. For example: the project recognised the importance for prevention and delivered activities to be inclusive in practice and in particular an understanding of culturally appropriately developed and delivered activities with or by First Nations and culturally linguistically diverse (CALD) communities.

In concluding this three-year project, a 2021 post evaluation community attitudes survey was undertaken. This was the same survey as the survey conducted in 2016, prior to the commencement of this project. For a credible sample base, the response rate from the community was very positive with 1033 responses. The attached summary highlights the positive trends in changing attitudes over this period, as well as what has stayed the same and what still needs to improve. The full survey report will be made available on Wagga Wagga City Council’s website.

Throughout the project there has been authentic engagement across the community and with project stakeholders to convert community attitudes, to empower people to step up, and to speak up when they see or hear disrespectful and inappropriate behaviour. There has been a very clear message that we all have a role to play in creating an inclusive and equitable Wagga Wagga for all.

As part of the Council’s closeout there is a media call and hand over at the Wagga Women’s Health Centre Tuesday, 13 July 2021, where the Mayor will be representing Council. The project Steering Committee will also be in attendance in recognition and acknowledgement for their invaluable leadership and contribution to the theDVproject:2650 over the past three years.

Financial Implications

Grant funding received for the 3-year program is shown below:

2018/19	2019/20	2020/21	Total
$430,184	$256,390	$513,093	$1,199,667

Policy and Legislation

N/A

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We are active community members

Outcome: We recognise we all have a role to play

Risk Management Issues for Council

The risk have been managed as part of the project delivery and media messages have been developed for media inquiries.

Internal / External Consultation

Over the life of the project there has been extensive staff and community consultation and engagement, including internal and external surveys. The project team actively generated sector and industry engagement as well as undertaking primary and secondary school projects and presentations. Multiple organisational workshops and group/individual engagement with staff and management occurred over the life of the project with the opportunity for feedback at every activity. The project managed two large scale community wide campaigns and targeted community group projects across all media and communication platforms.

From a governance engagement focus the project also had a cross sector and community leadership Steering Committee to guide and ambassador the project.

Attachments

1 ⇩.	Community Attitudes Survey Results 2021 - Change Your Story
2 ⇩.	Final Closeout Report theDVproject2650

Report submitted to the Ordinary Meeting of Council on Monday 12 July 2021

RP-2

Report submitted to the Ordinary Meeting of Council on Monday 12 July 2021

RP-3

RP-3 Library Funding

Author: Madeleine Scully

Director: Janice Summerhayes

Summary:

Council has received a funding offer from the NSW Government toward items identified as part of the Wagga Wagga City Library Stage 1 upgrade, as detailed in the Library Review that was endorsed on 18 January 2021. This report provides information on the funding offer.

Recommendation

That Council:

a accept the State Government grant offer of $72,380 of funding through the NSW Office of Responsible Gambling Clubgrants Category 3 (Cultural Infrastructure)

b to delegate authority to the GM or their delegate to execute the affixing of Council’s Common Seal to all relevant documents as required

c approve the budget variation as detailed in the financial implications section of this report

Report

Wagga Wagga City Library has been successful in securing NSW Office of Responsible Gambling Club Grants Category 3 (Cultural Infrastructure) funding toward the purchase of accessible furniture and technology, café style powered benches and a fixed modular technology dispenser for the amount of $72,380. These capital items were identified as part of the Library’s Stage 1 upgrades as detailed in the Wagga Wagga City Library Review and as endorsed at the 18 January 2021 Ordinary Council Meeting.

In Stage 1: 2020-2022 of the Library Review it was identified to redesign the existing library spaces and to examine adjacent spaces to accommodate increased demand for community use, along with contemporising the overall library layout and customer use experience. To meet this demand, the eastern end of Level 1 space is reconfigured to create more accessible bookable community meeting rooms and spaces to support small and medium sized group programming, tutorial/coaching and study area spaces.

In addition, State Library NSW infrastructure funding was secured for the planned extension to the children’s area of the Library of which is to be completed by June 2022.

Detailed planning is also underway to complete the redesign of the front entrance of the library, which includes the removal of the large front counter to be replaced with a contemporary concierge welcome desk that will be flexible and mobile across the library level 1 footprint. The Club Grant funds will contribute to these plans by funding accessible furniture and a fixed modular technology dispenser and more café style technology bench extensions around the perimeter of the library space to optimise customer self-check in and out capabilities.

Financial Implications

These capital items are required as part of the Library’s Stage 1 upgrades as detailed in the Wagga Wagga City Library Review endorsed at the Ordinary Meeting of Council on 18 January 2021.

Stage 1 - 2020-2022: For the proposed immediate capital works improvements

Description	Funding Source	2020/21	2021/22	Amount	Job
State Library Local Priorities Subsidy and Local Priority Funding proposed for the remodelling and fit out of the Community Learning Spaces 3,4 and 5 (Eastern end of Level 1).	Grant	$127,000		$127,000	21195
Purchase of accessible library seating as part of Council’s Disability Inclusion Action Plan commitments	GPR		$12,555	$12,555	20797
State Library Infrastructure 2020/21 funding round toward the extension to the Library Children’s Area (Eastern end of Level 0).	Grant		$200,000	$200,000	21446
NSW Office of Responsible Gambling Club Grants Category 3 (Cultural Infrastructure) funding for the purchase of accessible furniture, interactive screen and a fixed modular technology dispenser	Grant		$72,380	$72,380	21481
TOTAL		127,000	284,935	411,935

Policy and Legislation

The Wagga Wagga City Council Cultural Plan 2020-2030

The Library Act 1939

Link to Strategic Plan

Community Place and Identity

Objective: We have opportunities to connect with others

Outcome: Groups, programs and activities bring us together

Risk Management Issues for Council

The Library Review was developed and endorsed by Council in order to manage risks relating to future proofing the delivery of priority upgrades to cultural infrastructure as detailed in the Wagga Wagga City Council Cultural Plan 2020-2030 and to ensure future planning is considered in Council’s business planning processes to ensure a contemporary, flexible and inclusive library service is available for all residents and visitors to the Wagga Wagga Local Government Area.

Internal / External Consultation

Substantial community consultation and feedback was received during the development of the Wagga Wagga City Council Cultural Plan 2020-2030 regarding the future needs of the Wagga Wagga City Library service. A further targeted Library review period, July to December 2019, saw a range of community and sector stakeholders, user groups, non-user groups, individual residents and visitors input into the consultation process that contributed toward the development of the draft Wagga Wagga City Library Review. One on one consultations with Councillors were also undertaken during this period. An online survey was conducted seeking community feedback during August - October 2019 and then again in June – July 2020 seeking further input from the community with a particular focus on COVID-19 impacts experienced and the online services the Wagga Wagga City Library offered during this period. The total number of survey and community research participants was 710.

Report submitted to the Ordinary Meeting of Council on Monday 12 July 2021

RP-4

RP-4 PROPOSED RELINQUISHMENT OF MANAGEMENT OF CROWN LAND RESERVE 97764 AT 759 OURA ROAD, EUNANOREENYA BEING LOT 3 DP 751405

Author: David Bolton

Director: Michael Keys

Summary:

This report has been prepared in response to a request received from Scouts NSW Riverina Region. The request is for Council to relinquish control of Crown Land Reserve No. 97764 at 759 Oura Road, Eunanoreenya back to Crown Lands and support an application by Riverina Region Scouts Management Committee to take over management of the Reserve.

Recommendation

That Council:

a apply to the NSW Department of Industry – Crown Lands to relinquish appointment as Crown Land Manager for Lot 3 DP 751405 at 759 Oura Road, Eunanoreenya.

b provide a letter in support of application by Riverina Region Scouts Management Committee to be appointed as Crown Land Manager for Lot 3 DP 751405 at 759 Oura Road, Eunanoreenya.

c authorise the General Manager, or their delegate to complete and execute any necessary documents on behalf of the Council.

d authorise the affixing of Council’s common seal to all relevant documents as required.

Report

This report addresses a request received from Scouts NSW Riverina Region for Council to relinquish control of Crown Land Reserve No. 97764 at 759 Oura Road, Eunanoreenya back to Crown Lands, and support an application by Riverina Region Scouts Management Committee to take over management of the Reserve.

The reserve in question adjoins the existing Camp Kurrajong site, which has been managed by Scouts NSW Riverina Region for over 70 years. Scouts NSW Riverina Region have advised that they plan to use the site as a habitat protection and monitoring site for a variety of bird and marsupial life. Scouts NSW Riverina Region have also advised that they have funding which can be used to replace the fences bordering the public reserve and rehabilitate site damage.

Scouts NSW Riverina Region have made initial contact with Department of Planning, Industry and Environment – Crown Lands concerning the proposal, and have been advised that in order for the transfer to be approved with Department of Planning, Industry and Environment – Crown Lands will require confirmation that Council are prepared to relinquish control of the reserve, and that Council supports the application by Scouts NSW Riverina Region to be appointed as Crown Land Manager for the Reserve. Scouts NSW Riverina Region have also obtained support to the proposal from Riverina Local Land Services.

Financial Implications

Council in its capacity as Crown Land Manager currently has obligations to maintain the property so relinquishing control as Crown Land Manager will relieve Council of that ongoing maintenance obligation.

It is Council’s position that any additional costs associated with the relinquishment role as Crown Land manager should be borne by Scouts NSW Riverina Region.

Policy and Legislation

Crown Land Management Act 2016

Local Government Act 1993

Link to Strategic Plan

Community Place and Identity

Objective: We have opportunities to connect with others

Outcome: Groups, programs and activities bring us together

Risk Management Issues for Council

The transfer of management responsibility to Scouts NSW will reduce Council’s liability and maintenance requirements, albeit minor. The use will still be for public benefit and there are no significant risk issues for Council in supporting this request.

Internal / External Consultation

Council’s Operations Directorate (Parks & Strategic Operations)

Attachments

1 ⇩.

Location Map

Report submitted to the Ordinary Meeting of Council on Monday 12 July 2021

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 T Koschel requested that Council install “Caution Horses” signs at the end of Slocum Street.

A request to install an advance “Horse & Rider” warning sign at the boundary between 44-46 Slocum Street on approach to the horse stables at 48 Slocum Street has been entered into Councils Customer Request Management System for action.

Councillor T Koschel requested an update on the condition of Old Narrandera Road and Pine Gully Road, including consultation and correspondence with residents of the area.

An upgrade of Old Narrandera Road between the Olympic Highway and Pine Gully Road has been included in the 2021/22 capital works program. Old Narrandera Road will continue to be routinely repaired until this work is commenced. The condition of Pine Gully Road is satisfactory at the moment with repairs undertaken as required.

Councillor D Hayes requested information on any increase in services that Council has received as a result of the increase of the Emergency Services Levy.

The cost increase will not result in any increase in services that Council has received. The increases in costs were a result of changes to the Workers Compensation Legislation Amendment (Firefighters) Bill 2018 which were made to ensure that current and former firefighters – both volunteer and paid – receive the care and support they need if they are diagnosed with one of the 12 cancers covered by the new legislation.

Councillor P Funnell advised of the failing condition of the road on the Eastern side of Malebo Hill, requesting that Council investigate and provide feedback on proposed maintenance

There is a patch in the west bound lane of Old Narrandera Road at the base of Malebo Hill that has sunk as a result of the wet weather. A Geotech investigation has determined the underlying pavement issues and subsequently has recommended for repatch and repair. Works to be completed by September 2021.

Councillor P Funnell advised that headstones in the Monumental Cemetery in particular in the area of the ‘Presentation Sisters’ are being damaged by tree roots and requested that Council investigate and undertake maintenance of the gums tree in this area.

Councils Supervisor of Tree Planning and Management has undertaken an assessment and determined that the Ironbark trees are in very poor health and are required to be removed before the bifurcated stems tear out impacting the surrounding grave sites. Works will be completed by Tuesday 13 July 2021.

Councillor R Kendall requested advice on if Council have any publicly available halls or venues that community events can be held that would not require Council to donate the hire fees to the organisers.

Council has a discounted Community Rate for Halls and Community Centres, which reduces the amount charged by 50%.

Furthermore, the recently adopted 2021/22 annual Fees and Charges included a new section allowing Council the ability to not charge community/not-for-profit organisations a fee where the booking fee would ordinarily be less than $200 (up to four (4) instances in a financial year) - resolved at the 28 June 2021 Council meeting.

Positive feedback has already been received by community groups regarding this new zero charge.

Outside of these options, any use of publicly available halls or venues that Council owns would require a Council resolution to provide financial assistance via a donation or fee waiver in accordance with Section 356 of the Local Government Act 1993.

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