Agenda of Ordinary Meeting of Council

Reports submitted to the Ordinary Meeting of Council to be held on Monday 16 May 2022.

Ordinary Meeting of Council AGENDA AND BUSINESS PAPER

Monday 16 May 2022

ORDER OF BUSINESS:

CLAUSE PRECIS PAGE

PRAYER 2

ACKNOWLEDGEMENT OF COUNTRY 2

APOLOGIES 2

Confirmation of Minutes

CM-1 ORDINARY COUNCIL MEETING - 2 MAY 2022 2

DECLARATIONS OF INTEREST 3

Motions Of Which Due Notice Has Been Given

NOM-1 NOTICE OF MOTION - Australian Local Government Association (ALGA) ‘Don’t Leave Local Communities Behind’ Campaign 4

Reports from Staff

RP-1 DELEGATION OF AUTHORITY TO THE GENERAL MANAGER 8

RP-2 RESPONSE TO QUESTIONS/BUSINESS WITH NOTICE 12

QUESTIONS/BUSINESS WITH NOTICE 15

Confidential Mayoral Minutes

MM-CONF-1 CONFIDENTIAL MAYORAL MINUTE - GENERAL MANAGER'S CONTRACT 16

Confidential Reports

CONF-1 2021/22 Loan Facility 17

PRAYER

Almighty God,

Help protect our Mayor, elected Councillors and staff.

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

Amen.

ACKNOWLEDGEMENT OF COUNTRY

Wagga Wagga City Council acknowledges the traditional custodians of the land, the Wiradjuri people, and pays respect to Elders past, present and future and extends our respect to all First Nations Peoples in Wagga Wagga.

We recognise and respect their cultural heritage, beliefs and continuing connection with the land and rivers. We also recognise the resilience, strength and pride of the Wiradjuri and First Nations communities

APOLOGIES

Confirmation of Minutes

CM-1 ORDINARY COUNCIL MEETING - 2 MAY 2022

Recommendation

That the Minutes of the proceedings of the Ordinary Council Meeting held on 2 May 2022 be confirmed as a true and accurate record.

Attachments

1 ⇩.

Minutes - 2 May 2022

DECLARATIONS OF INTEREST

Report submitted to the Ordinary Meeting of Council on Monday 16 May 2022

NOM-1

Motions Of Which Due Notice Has Been Given

NOM-1 NOTICE OF MOTION - Australian Local Government Association (ALGA) ‘Don’t Leave Local Communities Behind’ Campaign

Author: Councillor Dan Hayes

Summary:

Wagga Wagga City Council support the Australian Local Government Association ‘Don’t Leave Local Communities Behind’ campaign.

Recommendation

That Council:

a supports the national funding priorities of the Australian Local Government Association (ALGA), which would contribute an estimated $6.46 billion per year to Australia’s GDP and create 43,444 jobs; and

b agrees to support and participate in the Australian Local Government Association’s advocacy for their endorsed national funding priorities by writing to the local Federal Member(s) of Parliament, all known election candidates in local Federal electorates and the President of the Australian Local Government Association to:

i express support for ALGA’s funding priorities;

ii identify priority local projects and programs that could be progressed with the additional financial assistance from the Federal Government being sought by ALGA; and

iii seek funding commitments from the members, candidates, and their parties for these identified local projects and programs

Report

The Don’t Leave Local Communities Behind campaign will promote 17 priority asks in the portfolios of economic recovery, transport and community infrastructure, building resilience, circular economy and intergovernmental relations.

These priorities are based on motions passed by councils at ALGA’s annual National General Assembly and have been endorsed by ALGA’s Board which is comprised of representatives from all state and territory Local Government Associations.

They have been assessed by independent economists and would add around $6.46 billion per year to Australia’s Gross Domestic Product while creating 43,444 jobs.

The Don’t Leave Local Communities Behind campaign will run for five weeks, with each week focussing on one of the five portfolio areas.

The full list of national Federal Election priorities that will be promoted through this campaign is outlined below:

Economic recovery

1. An initial injection of Financial Assistance Grants to local government of $1.3 billion to support communities and jobs and resolve the current practice of bringing forward two quarterly Financial Assistance Grant payments each year.

2. A commitment to return Financial Assistance Grants to at least one percent of Commonwealth taxation revenue via a phased approach.

Transport and community infrastructure

3. $500 million per annum for a four-year continuation of the Local Roads and Community Infrastructure Program.

4. A strategic local roads investment program of $300 million per annum over four years to address road transport first and last mile issues and congestion on local roads.

5. An increase in Roads to Recovery to $800 million per annum (an additional $300 million per annum) and the Black Spot Program to $200 million per annum over four years, while addressing the South Australian road funding anomaly by making the additional $20 million per annum to SA in 2021-22 and 2022-23 permanent.

6. Continuing the Stronger Regional Digital Connectivity Package at $55 million over four years.

7. $200 million over four years to assist councils to develop and implement innovative housing partnerships.

Building resilience

8. A targeted disaster mitigation program of $200 million per annum for four years which will reduce the costs of response and recovery and strengthen community resilience.

9. A commitment to ensuring betterment funding as a core element of disaster recovery funding arrangements.

10. A commitment to include community infrastructure that is publicly accessible and owned, and local government waste, water, and wastewater assets under Disaster Recovery Funding Arrangements.

11. A Local Government Climate Response Partnership Fund of $200 million over four years to enable planning and preparation to minimise the impacts of climate change in local communities and enable councils to achieve climate neutrality as soon as practicable.

12. $100 million per annum over four years provided directly to local governments to support the capabilities of Indigenous councils and the implementation of the Closing the Gap local/regional voice.

Circular economy

13. Support to provide guidance and advice to councils on how to unlock the circular economy locally, particularly in rural, regional, and remote areas.

14. Support to investigate and, if feasible, implement a national bin harmonisation program that will improve kerbside recycling, reduce contamination, and maximise opportunities for reuse.

15. $100 million per annum over four years to fund local government circular waste innovation projects.

Intergovernmental relations

16. Reinstating local government representation to the primary intergovernmental forum in Australia, the National Cabinet.

17. Ensuring local government’s ongoing voting membership of other relevant Ministerial forums.

ALGA has developed free campaign resources that can be adapted and used by all councils to ensure a consistent and effective approach.

Participating in a national advocacy campaign does not preclude this council from advocating on additional local needs and issues, but it will strengthen the national campaign and support all 537 Australian local governments.

Financial Implications

N/A

Policy and Legislation

Code of Conduct

Equal Employment Opportunity Policy POL 085

Work Health & Safety Policy POL 080

Link to Strategic Plan

Growing Economy

Objective: We have employment opportunities

Outcome: We have career opportunities

Risk Management Issues for Council

N/A

Internal / External Consultation

N/A

Report submitted to the Ordinary Meeting of Council on Monday 16 May 2022. RP-1

Reports from Staff

RP-1 DELEGATION OF AUTHORITY TO THE GENERAL MANAGER

Author: Ingrid Hensley

General Manager: Peter Thompson

Summary:

In accordance with Section 377 of the Local Government Act 1993 (NSW), Council may delegate certain functions to the General Manager to facilitate the day-to-day operation of the Council. The General Manager then delegates these functions to the various staff according to the requirements of their position. Council is required to review the General Manager’s delegations within the first 12 months of their term.

This report recommends that Council reconfirm the existing delegations to the General Manager to facilitate the day-to-day operation of the Council.

Recommendation

That Council delegates the following powers, authorities, duties and functions of the Council to the General Manager, Mr Peter Thompson, as shown in the Schedule hereto, subject to the limitations and exceptions as shown:

SCHEDULE

a All powers, authorities, duties and functions of the Council conferred or imposed on the Council by or under the Local Government Act, 1993 other than the functions listed in Section 377 of that Act as matters incapable of being delegated

b All powers, authorities, duties and functions conferred or imposed on the Council by or under any other Act

LIMITATIONS

a A power, authority, duty or function the subject of this delegation shall not be exercised by the General Manager in relation to any matter if the Council, by resolution, gives a direction to that effect to the General Manager

b These delegations may be exercised only in accordance with prescribed standards, codes, policies and decisions of the Council

EXCEPTIONS

a The determination of any development application that proposes development that would contravene a development standard imposed by Wagga Wagga Local Environmental Plan 2010 or any other environmental planning instrument and that is accompanied by a written request from the applicant seeking to justify the contravention of the development standard

b Determination of any development application that is required to be referred to Council for determination in accordance with the Wagga Wagga Development Control Plan 2010

c Determination of any development application that is required to be referred to Council in accordance with policy “POL 046 Processing Development Applications Lodged by Councillors, Staff and Individuals of Which a conflict of Interest May Arise, or on Council Owned Land”

d Determination of any development application that is required to be referred to Council for determination in accordance with any directive issued by the Department of Planning, Industry and Environment

Report

Council previously delegated the abovementioned functions to the current General Manager to facilitate the day-to-day operation of the Council. This report recommends the continuation of those delegations.

Delegation is the process by which a person or body empowers another person or body to perform a function. A function includes a power, authority or duty. A person or body making a delegation retains the capacity to perform that function.

Under Section 377 of the Local Government Act 1993 (NSW) (the Act), Council may delegate to the General Manager or any other person or body, any of the functions of the Council other than the matters set out in that section. The functions which cannot be delegated are:

(1) A council may, by resolution, delegate to the general manager or any other person or body (not including another employee of the council) any of the functions of the council under this or any other Act, other than the following:

(a) the appointment of a general manager,

(b) the making of a rate,

(c) a determination under section 549 as to the levying of a rate,

(d) the making of a charge,

(e) the fixing of a fee,

(f) the borrowing of money,

(g) the voting of money for expenditure on its works, services or operations,

(h) the compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment),

(i) the acceptance of tenders to provide services currently provided by members of staff of the council,

(j) the adoption of an operational plan under section 405,

(k) the adoption of a financial statement included in an annual financial report,

(l) a decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6,

(m) the fixing of an amount or rate for the carrying out by the council of work on private land,

(n) the decision to carry out work on private land for an amount that is less than the amount or rate fixed by the council for the carrying out of any such work,

(o) the review of a determination made by the council, and not by a delegate of the council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979 ,

(p) the power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194,

(q) a decision under section 356 to contribute money or otherwise grant financial assistance to persons,

(r) a decision under section 234 to grant leave of absence to the holder of a civic office,

(s) the making of an application, or the giving of a notice, to the Governor or Minister,

(t) this power of delegation,

(u) any function under this or any other Act that is expressly required to be exercised by resolution of the council.

(1A) Despite subsection (1), a council may delegate its functions relating to the granting of financial assistance if:

(a) the financial assistance is part of a specified program, and

(b) the program is included in the council's draft operational plan for the year in which the financial assistance is proposed to be given, and

(c) the program's proposed budget for that year does not exceed 5 per cent of the council's proposed income from the ordinary rates levied for that year, and

(d) the program applies uniformly to all persons within the council's area or to a significant proportion of all the persons within the council's area.

(2) A council may, by resolution, sub-delegate to the general manager or any other person or body (not including another employee of the council) any function delegated to the council by the Departmental Chief Executive except as provided by the instrument of delegation to the council.

In accordance with the Act, the Council cannot delegate to an employee other than the General Manager.

It should be noted that Section 378 of the Act allows the General Manager in turn to delegate any function so delegated to him/her to any other person or body, including an employee of the Council.

Under the Act a delegation of a function to a council officer who is not the general manager occurs by a two-stage process:

· a council may delegate a function to a general manager under section 377(as considered above)

· a general manager may sub-delegate the function to a council officer under section 378(2)

The adoption of the delegations to the General Manager enables him/her and subsequently, council staff, to make decisions within their granted authority. This is necessary to allow the provision of efficient and effective customer service to internal and external customers.

Financial Implications

N/A

Policy and Legislation

A delegation of a Council function must be made by a Council resolution as per Chapter 12 Part 3 sections 377-381 of the NSW Local Government Act 1993.

On 24 August 2021, the Land and Environment Court of New South Wales handed down the decision in South East Forest Rescue Inc v Allied Natural Wood Exports Pty Ltd and Anor [2021] NSWLEC 89, declaring a development consent purportedly granted by Bega Valley Shire Council (Council) to be invalid, void and of no force and effect. Justice Robson’s judgment reiterated the importance for local councils and other government bodies to maintain accurate and up-to-date registers of delegations. In this case the council’s ‘Register of Delegations’ did not include a delegation of the function determining development applications from the Council to the General Manager. The purported sub-delegation of the function of determining development applications from the General Manager to the Manager, Planning and Sustainability was, therefore, ineffective or invalid.

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We are accountable and transparent

Risk Management Issues for Council

No specific issues identified.

Internal / External Consultation

N/A

Report submitted to the Ordinary Meeting of Council on Monday 16 May 2022

RP-2

RP-2 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 G Davies requested an update on the progress of the resolution regarding playground shade sail’s from her Notice of Motion, including when it is scheduled to be reported back to Council.

The development of a response to the Notice of Motion is progressing with the shade audit having been completed and the analysis of the results commenced. Staff have also met with representatives of the Cancer Council and Cancer Institute of NSW in regards to the recommendations from recent research projects undertaken on the shading of playgrounds. It is anticipated a Councillor Workshop will be held during June 2022 to present the outcomes of the investigations prior to a report being presented to a future Council meeting.

Councillor G Davies requested feedback on tree planting at the Riverside development, in particular advice on if trees will be planted in the grassed area to create shaded areas, similar to the Victory Memorial Gardens.

Trees are in the process of being planted across the site to create a wide variety of shaded areas. Large grass events spaces (such as the old St Michael’s Oval site) will have tree plantings focused on the edge of these areas rather than a central location. This will ensure they can provide some shade once mature while minimising the impact on crowd sight lines.

Councillor R Foley requested an update on Council’s inquiries into JCB Pothole Pro

Council has enquired with the local JCB dealer who has advised that the wheeled excavator is a ‘Hydra-dig’ machine that is available in Australia, however they are not sure about the attachments for repairing pot-holes as the set-up is a UK product. The local JCB dealer is following up on the availability of the attachments. Details of this follow-up will be provided in the section “explore new machinery and products to amend and properly repair pot-holes” as part of the forthcoming response to the NOM – Wagga Wagga Roads.

Councillor R Foley requested an update on the status of his previous question, relating to a proposed building industry forum.

Progress on this item has been delayed due to the departure of key resources in this area. The action will be reassigned within the organisation and we will aim to provide a response at a June Council meeting.

Councillor D Hayes requested advice on Council’s plans to remediate the footpath from the rocks to beach following completion of the Riverside project.

Works to remediate the path from ‘The Rocks’ to the beach will occur post completion of the Riverside Project. It is proposed that the section from ‘The Rocks’ to the upstream Wagga Beach BBQ shelter will remain a granite path, while the remaining section adjacent to the beach will be upgraded to a concrete path as part of planned accessibility improvements.

Councillor A Parkins requested an update on if line marking is planned for the shared pathway on the Eastern end of Fernleigh Road.

Yes, line marking is planned and will be done with the signage.

Councillor T Koschel requested an update on a key box for emergency services at Pomingalarna Reserve.

Lock boxes have been installed at the Golf Club Car Park and Bagley Drive Car Park entrances.

Financial Implications

N/A

Policy and Legislation

Wagga Wagga City Council 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