Agenda of Ordinary Meeting of Council

Reports submitted to the Ordinary Meeting of Council to be held on Monday 5 June 2023.

Ordinary Meeting of Council AGENDA AND BUSINESS PAPER

Monday 5 June 2023

ORDER OF BUSINESS:

CLAUSE PRECIS PAGE

ACKNOWLEDGEMENT OF COUNTRY 2

REFLECTION 2

APOLOGIES 2

Confirmation of Minutes

CM-1 ORDINARY COUNCIL MEETING - 22 MAY 2023 2

DECLARATIONS OF INTEREST 2

Reports from Staff

RP-1 DA22/0618 - PLACE OF PUBLIC WORSHIP, 19 JONES STREET EAST WAGGA WAGGA NSW 2650. LOT 3 DP 1188531 3

RP-2 DA23/0060 - Staged Alterations and Additions to existing Residential Care Facility to provide private en-suite facilities at 82-102 Ashmont Avenue, Ashmont, NSW 2650. LOT 2 DP 872558 7

RP-3 Planning Conflict of Interest Policies - POL 045 and POL 046 11

RP-4 REQUEST FOR FINANCIAL ASSISTANCE - SECTION 356 14

RP-5 Special Disaster Grant - Category D Natural Disaster Assistance 23

RP-6 TARCUTTA FOOD VAN - REQUEST FOR EXTENSION OF OPERATING HOURS 26

RP-7 QUESTIONS WITH NOTICE 35

Committee Minutes

M-1 LOCAL TRAFFIC COMMITTEE MEETING - 11 MAY 2023 37

Confidential Reports

CONF-1 RFT2023-006 Purchase of Landfill Compactor 48

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

REFLECTION

Councillors, let us in silence reflect upon our responsibilities to the community which we represent, and to all future generations and faithfully, and impartially, carry out the functions, powers, authorities and discretions vested in us, to the best of our skill and judgement.

APOLOGIES

Confirmation of Minutes

CM-1 ORDINARY COUNCIL MEETING - 22 MAY 2023

Recommendation

That the Minutes of the proceedings of the Ordinary Council Meeting held on 22 May 2023 be confirmed as a true and accurate record.

Attachments

1 ⇩.

Minutes - 22 May 2023

DECLARATIONS OF INTEREST

Report submitted to the Ordinary Meeting of Council on Monday 5 June 2023

RP-1

Reports from Staff

RP-1 DA22/0618 - PLACE OF PUBLIC WORSHIP, 19 JONES STREET EAST WAGGA WAGGA NSW 2650. LOT 3 DP 1188531

Author: Paul O’Brien

General Manager: Peter Thompson

Summary:

The Development Application seeks consent for the construction of a mosque with car park, landscaping, and recreation space. The mosque consists of a two-storey building with central minaret (tower). Within the building is a prayer hall, multi-purpose space, offices, amenities, and gallery space.

A place of public worship is permitted with consent under the Wagga Wagga Local Environmental Plan 2010 in the E4 General Industrial zone.

The application was publicly advertised and notified to adjoining and nearby property owners for a period of 14 days. A total of 45 submissions were received with 11 of those being in objection to the development.

Section 1.10 of the Wagga Wagga Development Control Plan 2010 requires any application that is the subject of 10 or more objections to be referred to Council for determination.

A full assessment of the application has been completed in accordance with Section 4.15 of the Environmental Planning and Assessment Act 1979 and is provided as an attachment to this report.

Recommendation

It is recommended that Council approve DA22/0618 for a Place of Public Worship at 19 Jones Street, East Wagga Wagga subject to the conditions contained within the s4.15 Assessment Report.

Development Application Details

Applicant	Muslim Association of Riverina Wagga Wagga Australia
Owner	Muslim Association of Riverina Wagga Wagga Australia (Registered Charity) Chairperson: Muhammad Asghar Secretary: Mahfuz Khan
Development Cost	$2,098,200.00
Development Description	Place of public worship

Report

Key Issues

· Permissibility of use

· Building design and site layout

· Car parking

· Noise impacts

· Submissions

Assessment

· The site is zoned E4 General Industrial under the provisions of the WWLEP 2010. A place of public worship is permitted with consent in the E4 zone.

· The building form, whilst different to most industrial buildings will introduce a positive impact to the streetscape.

· The development maintains a comparable scale of development to surrounding sites with a significant amount of landscaping proposed to soften the new building. A variation to the amount of landscape within the front setback is supported due to the wider landscaping that is proposed across the whole of the site.

· There are 28 car-parking spaces provided on site. The DCP requires 55 spaces based on a floor space ratio calculation of the whole building. When the prayer hall is in use no other parts of the mosque are occupied and the shortfall in spaces is justified and supported. An analysis of parking demand and supply is discussed in greater detail within the assessment report.

· Noise impacts associated with the development are minimal considering the existing context of the site. Noise mitigation measures are incorporated into the building design to minimise noise disturbance to the prayer hall from existing industrial activities.

· Submissions received both for and against the development have been addressed within the assessment report. The submissions received against the development were individual opinions that predominantly related to non-planning matters. The submissions received in support of the development focused on the importance of the mosque as a place for spiritual, social, religious, and mental support. There are no outstanding concerns.

· There are no trees being removed from the site, landscaping is proposed throughout the development.

· The proposal complies with the requirements of the Environmental Planning and Assessment Act 1979 and Councils Policies and is recommended for approval subject to conditions.

Reasons for Approval

1. The proposed development is consistent with the applicable objectives and clauses of the Wagga Wagga Local Environmental Plan 2010.

2. The proposed development is consistent with the objectives and controls of the Wagga Wagga Development Control Plan 2010.

3. The impacts of the proposed development are acceptable and can be managed via the recommended conditions of consent.

4. The site is considered suitable for the proposed development.

5. The development is in the public interest and consistent with objectives contained within Council’s Community Strategic Plan.

Site Location

The lot is currently a vacant, undeveloped parcel of land extending to 2364sq.m and is located on the northern side of Jones Street approximately 100m to the north of the junction with Nagle Street.

Financial Implications

N/A

Policy

Wagga Wagga Local Environmental Plan 2010

Wagga Wagga Development Control Plan 2010

Link to Strategic Plan

Community Place and Identity

Objective: Our community are proud of where we live and our identity

Acknowledge and celebrate the contribution that people from culturally and linguistically diverse backgrounds make to our community

Risk Management Issues for Council

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.

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

Traditional Media

Community Engagement

Digital

Rates notices insert

Direct mail

Letterbox drop

Council news

Media release

Media opportunity

TV/radio advertising

One-on-one meeting(s)

Community meeting(s)

Stakeholder workshop(s)

Drop-in session(s)

Survey/feedback form(s)

Connect.Wagga

Email newsletter

Social media

Website

Inform

Consult

Involve

Collaborate

Other methods (please list specific details below)
N/A

Attachments

1.	DA22/0618 - s4.15 Assessment Report - Provided under separate cover
2 .	DA22/0618 - Plans - Provided under separate cover
3 .	DA22/0618 - Statement of Environmental Effects - Provided under separate cover
4 .	DA22/0618 - Traffic Impact Assessment - Provided under separate cover
5 .	DA22/0618 - Redacted Submissions - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Monday 5 June 2023

RP-2

RP-2 DA23/0060 - Staged Alterations and Additions to existing Residential Care Facility to provide private en-suite facilities at 82-102 Ashmont Avenue, Ashmont, NSW 2650. LOT 2 DP 872558

Author: Paul O’Brien

General Manager: Peter Thompson

Summary:

The development application is reported to Council for determination.

In accordance with Section 2.12 of POL 046 - Processing Development Applications lodged by Councillors, Staff and Individuals of which a Conflict of Interest may arise, or on Council owned land if ‘the applicant or land-owner is a company where a director of the company is a Councillor, Director or the General Manager’ the application shall be reported to Council for consideration and determination.

The company listing identifies a Wagga Wagga City Councillor as one of the directors and therefore the application must be determined by Council. The same company is the applicant and the landowner.

The development consists of alterations and additions to an existing residential care facility as described in the attached assessment report.

There are no submissions to the development and no concerns regarding the proposed development and any associated impacts.

Recommendation

It is recommended that Council approve DA23/0060 for Staged Alterations and Additions to existing Residential Care Facility to provide private en-suite facilities, at 82-102 Ashmont Avenue, Ashmont subject to the conditions contained within the s4.15 Assessment Report.

Development Application Details

Applicant

The Mary Potter Nursing Home and the Ethel Forrest Day Care Centre Pty Ltd

Owner

The Mary Potter Nursing Home and the Ethel Forrest Day Care Centre Pty Ltd

Directors:

Rodney Kendall	Michael Quirk
Patrick Sykes	James McLeod
Peter Fitzpatrick	Julianne Carroll
Anthony Balding	Neil Stubbs
Charles Oliver	Heather Barton
Grant Bell	Helen Kelly

Development Cost

$2,232,260.80

Development Description

Staged Alterations and Additions to existing Residential Care Facility to provide private en-suite facilities.

Report

Key Issues

· The proposed development is to improve the existing facilities at a residential care facility so that each resident has the benefit of a private bathroom.

· The work will be completed in stages allowing for minimal disruption to existing residents.

· The alterations and additions that are required to the building are comparable and complementary to the existing building and well set back within the site.

· There are seven small trees within the courtyard areas that will be removed. The majority of landscaping on the site including several mature trees will be retained.

· There are no anticipated detrimental impacts as a result of the development.

Assessment

· The site is zoned R1 General Residential under the provisions of the WWLEP 2010. Residential Care Facilities are permitted with consent in the R1 zone.

· The development complies with the provisions of SEPP (Housing) 2021 in relation to the requirements for seniors housing developments.

· The development complies with the controls of the WWLEP 2010 and the WWDCP 2010.

· There are a mix of land uses within the locality including seniors housing, education facilities, commercial premises and residential accommodation.

· The development has no impact outside of the subject site and provides improved facilities and levels of amenity for the residents.

· Appropriate conditions of consent are included to manage and mitigate the impacts of development.

Reasons for Approval

1. The proposed development is consistent with the provisions of SEPP Housing 2021.

2. The proposed development is consistent with the applicable objectives and clauses of the Wagga Wagga Local Environmental Plan 2010.

3. The proposed development is consistent with the objectives and controls of the Wagga Wagga Development Control Plan 2010.

4. The impacts of the proposed development are acceptable and can be managed via the recommended conditions of consent.

5. The site is considered suitable for the proposed development.

Site Location

The site is on the southern side of Ashmont Avenue approximately 150m to the east of the junction with Tobruk Street. The site is irregular in shape and extends to an area of 1.87ha.

Financial Implications

N/A

Policy

State Environmental Planning Policy (Housing) 2021

Wagga Wagga Local Environmental Plan 2010.

Wagga Wagga Development Control Plan 2010.

Link to Strategic Plan

Safe and Healthy Community

Objective: Our community has access to health and support services that cater for all of our needs

Support and continue to develop services to improve and promote community health and wellbeing

Risk Management Issues for Council

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.

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

Traditional Media

Community Engagement

Digital

Rates notices insert

Direct mail

Letterbox drop

Council news

Media release

Media opportunity

TV/radio advertising

One-on-one meeting(s)

Community meeting(s)

Stakeholder workshop(s)

Drop-in session(s)

Survey/feedback form(s)

Connect.Wagga

Email newsletter

Social media

Website

Inform

Consult

Involve

Collaborate

Other methods (please list specific details below)
N/A

Attachments

1.	DA23/0060 - s4.15 Assessment Report - Provided under separate cover
2.	DA23/0060 - Site Plans - Provided under separate cover
3.	DA23/0060 - Floor Plans - Provided under separate cover
4.	DA23/0060 - Elevations - Provided under separate cover
5.	DA23/0060 - Statement of Environmental Effects - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Monday 5 June 2023

RP-3

RP-3 Planning Conflict of Interest Policies - POL 045 and POL 046

Author: Paul O'Brien

General Manager: Peter Thompson

Summary:

Requirements have been introduced into the Environmental Planning and Assessment Regulation 2021 to address conflicts of interest in council related development which have necessitated the development of a new draft policy, “Council-related Development Application – Conflicts of Interest Management Policy” (POL 045). The creation of this draft policy has necessitated amendments to the “Processing Development Applications and Planning Proposals lodged by Councillors, staff and their respective relatives Policy” (POL 046).

Further amendments are proposed to existing policy POL 046 so as to include Planning Proposals into the policy. The endorsement of Council and subsequent public exhibition of these draft policies is required.

Recommendation

That Council:

a endorse the following draft policies be placed on public exhibition for a period of 28 days from 9 June 2023 to 7 July 2023 and invite public submissions until 21 July 2023 on the draft policies:

i Council-related Development Application – Council-related Development Application Conflicts of Interest Management Policy (POL 045)

ii Processing Development Applications and Planning Proposals lodged by Councillors, staff and their respective relatives Policy (POL 046)

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

i addressing any submissions made with respect to the abovementioned policies; and

ii proposing adoption of the abovementioned policies unless there are any recommended amendments deemed to be substantial and requiring a further public exhibition period.

Report

The following requirements have been introduced into the Environmental Planning and Assessment Regulation 2021 to address conflicts of interest in council related development:

· Councils must adopt and have a policy that specifies how conflicts of interest in connection with council-related development applications will be handled. The policy must comply with the requirements in these Guidelines (section 66A).

· Council-related development applications must now be accompanied by either a management strategy statement, which explains how the council will manage potential conflicts of interest, or a statement that the council has no management strategy for the application (section 36A).

· Councils must record conflicts of interest in connection with each council-related development application, and the measures taken to manage the conflicts, in their existing DA register (section 242A).

· Council-related development applications must be exhibited for a minimum of 28 days to ensure transparency during the assessment process (Environmental Planning and Assessment Act 1979, schedule 1, clause 9B).

As a result, a new policy is required to be adopted by Council, which will also require amendment to existing policy POL 046 Processing Development Applications and Planning Proposals lodged by Councillors, staff and their respective relatives Policy. Further amendments are proposed to POL 046 to also include Planning Proposals into the policy.

Financial Implications

N/A

Policy and Legislation

Environmental Planning and Assessment Act 1979

Local Government Act 1993

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 and can lead to non-compliance with the requirements of legislation and regulations.

Internal / External Consultation

To date, the draft have been reviewed internally by staff, Council’s Executive Team and Councillors at a workshop held 29 May 2023.

To allow community feedback on the draft Policies, it is recommended the draft policies be placed on public exhibition for a period of 28 days from 9 June 2023 to 7 July 2023 and invite public submissions until 21 July 2023 on the draft Policies.

Mail

Traditional Media

Community Engagement

Digital

Rates notices insert

Direct mail

Letterbox drop

Council news

Media release

Media opportunity

TV/radio advertising

One-on-one meeting(s)

Community meeting(s)

Stakeholder workshop(s)

Drop-in session(s)

Survey/feedback form(s)

Connect.Wagga

Email newsletter

Social media

Website

Inform

Consult

Involve

Collaborate

Other methods (please list specific details below)
N/A

Attachments

1.	POL 045 Council-related Development Application Conflicts of Interest Management Policy - Provided under separate cover
2.	POL 046 Processing Development Applications - Provided under separate cover
3.	POL 046 Processing Development Applications Markup - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Monday 5 June 2023

RP-4

RP-4 REQUEST FOR FINANCIAL ASSISTANCE - SECTION 356

Author: Carolyn Rodney

Summary:

Council has received two (2) fee waiver requests which are detailed for Council’s consideration.

Recommendation

That Council:

a In accordance with Section 356 of the Local Government Act 1993, provide financial assistance to the following organisations:

i RSL LifeCare for $2,000.00

ii Riverina Branch of the NSW Justices Association for $775.00

b note the proposed budget available for financial assistance requests for the remainder of the 2022/23 financial year

Report

Two (2) financial assistance requests are proposed for consideration at this Ordinary Council meeting. Details of the requests are shown below:

1. RSL Lifecare - $2,000

The Wagga Wagga Civic Theatre are hosting the 60^th Gala Concert on the 29 June 2023. The Australian Army Band Kapooka are performing and have requested their performance fee of $2,000 to be donated directly to RSL LifeCare.

Gregory Peterson, from the Department of Defence in the attached email requests:

Hi Isobel,

The Australian Army Band Kapooka is delighted to be part of the Civic Theatre’s 60^th Gala Concert on Thursday, 29 June, 2023. This meets the band’s mission of community engagement and we will not charge a performance fee.

However as people are purchasing a ticket to attend this event I am writing to request that the equivalent of a performance fee be donated to a charity that supports veterans and their families. In our discussions you indicated that $2000 would be an appropriate amount to request.

Our recipient charity would be RSL LifeCare.

Please let me know if you need any further information.

Kind regards,

Greg

Gregory Peterson

MAJ

OC/MD

The payment to RSL LifeCare will be funded from the Civic Theatre ‘Other Events’ expenditure budget which can absorb the total cost of $2,000 (Job 20600).

Council has not provided any assistance to RSL LifeCare in the last 12 months.

2. Riverina Branch of the NSW Justices Association

Geoff Burch, member of the Riverina Branch of the NSW Justices Association in the attached email requests:

Dear Mr Thompson,

I recently communicated with Scott Briggs [Facilities Management Support Officer] with the objective of securing council’s main meeting room on Saturday the 1^st July – from 10am to 3pm - for a community event.

Mr Briggs has advised that the room would be available and that the cost for hiring the room would be $725 for the day [$145 per hour].

The details provided in my initial email to Scott – see hereunder – provide information on the planned event and its purposes.

I am writing to yourself to ask if the hire fee could be waived, on the basis that the Riverina branch of the NSW Justices Association, whose members provide their services to the local community at nil cost, are not in a position, financially, to cover this cost. All participating JP’s volunteer their services. The services provided are an important component of state and federal legal systems and are valued by local communities. Should you consent the association would acknowledge council’s contribution wherever possible, and comply with any guidelines you might wish to stipulate.

I thank you for your consideration of this request,

Sincerely,

Geoff

_______________________________________________________________

Hi Scott,

Thanks for your advice earlier today.

As stated, the Riverina branch of the NSW Justices Association [NSWJA] are planning a public information and JP training day - designed to assist and educate existing JP’s, and to inform/assist others who might be considering becoming a Justice of the Peace. Our local branch provides JP services to the community each week at both the courthouse and the city library. Regulatory changes to legislation impact the duties of JP’s and events like this are important in maintaining the quality of service provided to the community.

The NSWJA is a not-for-profit body and member JP’s provide their services on a volunteer basis [nil remuneration]. There will be no charge for those attending this event. It is a community service. The association has organised an experienced JP from Sydney [a director of the NSW Justices Association] to facilitate the event.

We would very much like to book council’s main meeting room for the event, if available. The event will take place on Saturday 1^st July 2023.

The format will consist of a morning session – 10am till 12 noon, followed by a lunch break, followed by an afternoon session – 1pm to 3pm.

We expect somewhere between 20-30 people, based on previous experience.

We plan to cater for the lunch, in the meeting room, if permissible.

We will promote the event through various social media sites, and we may use Eventbrite to manage bookings.

The reason for choosing council’s meeting room is that it has the features we require – PA system, the two large screens for audio/visual presentations, and sufficient space to accommodate the expected numbers and to allow a couple of tables to be set up on one side for the catering [sandwiches, finger foods]. The site is also well known to the public and features ample public parking facilities within walking distance.

Please let me know if you require any additional information.

Thanks & regards

Geoff

As the booking falls within the 2023/24 financial year, the proposed hourly booking fee increases to $155.00 p/h, resulting in a total fee waiver request of $775.00.

The above request aligns with Council’s Strategic Plan “Community Place and Identity” – Objective: Our community feel welcome, included and connected”

Council has not provided any assistance to the Riverina Branch of the NSW Justices Association in the last 12 months.

Financial Implications

Section 356 Budget Summary
2022/23 Opening Budget*	$43,528.00
Total of fee waivers approved to date	($14,496.03)
Revised Balance of Section 356 fee waiver financial assistance	$29,031.97
1) RSL LifeCare - $2,000 (funded from Civic Theatre Cost Centre)	-
2) Riverina Branch of the NSW Justices Association - $775.00 (funded from the 2023/24 budget)	-
Subtotal Fee Waivers included in this report proposed to be funded from the 2022/23 Section 356 Budget	($0.00)
Proposed Balance of Section 356 fee waiver financial assistance budget for the remainder of the 2022/23 Financial Year	$29,031.97

Policy and Legislation

POL 078 – Financial Assistance Policy

Link to Strategic Plan

The Environment

Objective: Our built environment is functional, attractive and health promoting

Create an attractive city

Risk Management Issues for Council

N/A

Internal / External Consultation

Cross Directorate consultation has been undertaken as required.

Attachments

1 ⇩.	Request for Fee Waiver - Riverina Branch of the NSW Justices Association
2 ⇩.	Request for Fee Waiver - RSL LifeCare

Report submitted to the Ordinary Meeting of Council on Monday 5 June 2023

RP-5

RP-5 Special Disaster Grant - Category D Natural Disaster Assistance

Author: Phil McMurray

Summary:

Staff aim to provide the Council with an understanding of the options available for the expenditure so that Council can allocate the funding to the appropriate projects for the $1 Million grant from the NSW Government for projects under Category D of the Disaster Recovery Funding Arrangements.

Recommendation

That Council:

a accept the grant from the NSW Government for projects under Category D of the Disaster Recovery Funding Arrangements

b approve the budget variation/s as detailed in the Financial Implications section of the report

Report

Wagga Wagga City Council has been declared as a natural disaster Local Government Area under both AGRN 1030 and AGRN 1034. The Office of Local Government (OLG) and the Federal Government have allocated $1 Million to Council for flood relief and resilience building. This funding is provided under the Disaster Recovery Funding Arrangements (DRFA) Category D.

Eligible general-purpose councils will initially be required to submit an overview of the projects/programs/ works proposed to be funded under the recovery grant of up to $1million. OLG will review the proposed outline of works and confirm that the proposals are compliant with the guidelines and may request changes if required.

Nominated projects should contribute to relief, recovery and resilience initiatives that are not otherwise eligible for reimbursement under the DRFA 2018 or NSW Disaster Assistance guidelines (NSWDAG). In instances where Council nominates projects which align to DRFA or NSWDAG initiatives (i.e Category A or B measures), OLG will work with Council to determine project eligibility and ensure funding complements (rather than duplicates) other sources of assistance available, where practical or readily ascertainable.

Once agreed, Council will be asked to sign a grant acknowledgement schedule, which will trigger the transfer of funds to the eligible council as a single upfront payment.

Category D of the DRFA Guidelines is:

Category D: exceptional circumstances assistance beyond Categories A, B and C. Category D assistance is generally considered once the impact of the disaster has been assessed and specific recovery gaps identified. Category D assistance is requested from the states and requires agreement from the Prime Minister.

This grant will enable Council to apply for the funds to repair or improve several key infrastructure assets that were damaged in the flooding but are not covered under the Essential Public Asset criteria from categories A or B.

Council needs to provide a list of suitable projects for the expenditure of this grant.

Initial discussions within Infrastructure and Strategy and Projects have developed the following projects (in order of prioritisation) that are not covered under DRFA Categories A and B:

1. Floodgate 15A outlet repairs ($300,000)

2. Wiradjuri walking track repairs ($200,000)

3. Glenfield Drain reconstruction and improvements Survey, design and Stg 1 construction contribution ($200,000)

4. North Wagga Levee floodgate and pipe repairs ($230,000)

5. Gregadoo Main St drainage line survey and design ($100,000)

6. Purchase removable levee for Johnston St and install gate and pump in library stormwater pit ($100,000)I

7. Botanic Gardens to Morgan St Flood Model refinement ($50,000)

8. Wollundry Lagoon Ivan jack Drive weir feasibility and design ($50,000)

9. Purchase and install CCTV monitoring system for Flood Early Warning on internal stormwater and creeks (approx. $50,000)

10. Tarcutta Levee, survey, design and construct ($150,000)

Financial Implications

Based on the report, a budget is to be included in the 2023/24 financial year of $1M funded from the Special Disaster Grant, with funding to be expended on the following identified priority projects:

Priority	Project Description	Job Number	Amount Budgeted from Grant
1	Floodgate 15A Outlet Repairs	22380	300,000
2	Wiradjuri Walking Track Repairs	22381	200,000
3	Glenfield Drain Reconstruction & Improvements – Survey & Design	22382	200,000
4	North Wagga Levee Floodgate & Pipe Repairs	22383	230,000
5	Gregadoo Main Street Drainage Line - Survey & Design (fund remaining $30K from the Stormwater Drainage annual budget allocation – job 34001)	22384	70,000
			1,000,000

As the 2023/24 budget is currently in draft and is proposed to be adopted 26 June 2023 Council meeting, the proposed projects identified in the table above will be updated at the commencement of the 2023/24 financial year (1 July 2023).

Policy and Legislation

Local Government Act 1993 (NSW)

Link to Strategic Plan

Safe and Healthy Community

Objective: Our community feel safe

Be responsive to emergencies

Risk Management Issues for Council

Failure to provide a prioritised list to the funding body would see funding opportunity missed.

Internal / External Consultation

A Councillor Workshop was held in May 2023 to provide Councillors with information in relation to available options for the expenditure.

Report submitted to the Ordinary Meeting of Council on Monday 5 June 2023

RP-6

RP-6 TARCUTTA FOOD VAN - REQUEST FOR EXTENSION OF OPERATING HOURS

Author: Matthew Dombrovski

Director: John Sidgwick

Summary:

Council has received a request from the proprietor of the Tarcutta Food Van (supported by a petition) to extend its hours of operation from 5:00pm to 3:00am, seven days per week.

Recommendation

That Council

a receive and note the attached petition;

b endorse a temporary extension to operating hours for the Tarcutta Food Van from 5:00pm to 3:00am, applicable only for the period that the Ampol kitchen is closed due to renovations; and

c not endorse a permanent extension to operating hours for the Tarcutta Food Van

Report

Council’s Property Department was contacted by the operator of the Tarcutta Food Van, Lynette Craig, enclosing a petition with 158 signatures seeking that Council increase the operating hours of the Tarcutta Food Van to allow trade to occur between the hours of 5:00pm and 3:00am, seven days per week. A copy of the petition is attached as a separate document.

The request also notes that the kitchen at the local Ampol service station would be closing for renovations effective 1 June 2023, and there would be limited food service venues available as a result.

Background

Council resolved on 14 December 2020 (Resolution 20/469) to endorse the selection of an operator of a mobile food van at the Tarcutta Truck Interchange, on the basis that those operating hours were restricted to between 8:00pm and 3:00am, seven days per week. The aim of this restriction was to ensure that the operation of a mobile food vendor did not detrimentally impact bricks and mortar food businesses in Tarcutta and was based on community consultation and concerns raised by business operators in Tarcutta.

In November - December 2022, Council undertook a further Expression of Interest campaign for the granting of a licence agreement to an operator of a food van for the Tarcutta Truck Stop. As the operations of the Tarcutta Food Van were not consistent with certain aspects of the Mobile Food Vendors – Trading in Public Places Policy POL 062, it was considered appropriate to offer the site for a permanent licence, rather than under the Mobile Food Vendors – Trading in Public Places Policy POL 062. In accordance with the December 2020 resolution, the Expression of Interest documentation specifically provided that the operating hours of the business would be limited to between 8:00pm and 3:00am.

Around this time, Council was contacted by a local business operator who was concerned about the impact that the mobile food van was having on their business operations and noting that the mobile food van was opening around 6:00pm. These concerns were raised with the incumbent operator, and Council advised that the new Expression of Interest would limit the hours of operation to between 8:00pm and 3:00am, consistent with the current resolution.

Attached as Confidential Attachment A is some additional commentary on the results of the recent Expression of Interest campaign.

Since the Licence Agreement commenced (March 2023), Council’s Property Department has not been notified of any trade occurring outside the permitted hours.

Recommendation

Taking into account the above, it is recommended that Council endorse a temporary increase to the hours of operation of the Tarcutta Food Van, to fill the void left by the closure of the kitchen at the local Ampol service station due to renovation. It is anticipated that this would be the case for a period of two to three months.

Given that Council has only recently conducted an Expression of Interest campaign for the site, which explicitly stated that the operating hours of the business would be limited from 8:00pm to 3:00am (consistent with an existing resolution of Council), and the incumbent operator has commenced a licence as of 1 March 2023 based on their submission to the Expression of Interest, it is not considered appropriate to support the request to extend the operating hours on a permanent basis without going through an open and transparent process such as a further Expression of Interest.

In addition, if consideration were to be given to the request to review the operating hours then consideration should also be given to whether the current licence fee is adequate, given that the additional 3 hours per day over a 12 month period would equate to an additional 109.5 trading days over that period.

Financial Implications

N/A

Policy and Legislation

Local Government Act 1993

Acquisition, Disposal and Management of Land Policy POL 038

Mobile Food Vendors – Trading in Public Places Policy POL 062

Petition Management Policy POL 086

Link to Strategic Plan

Growing Economy

Objective: Wagga Wagga is an attractive location for people to live, work and invest

Attract and support local businesses, industry, and employment opportunities

Risk Management Issues for Council

Council has a responsibility to appropriately manage its property assets. The conduct of an Expression of Interest campaign ensures that there is an open and transparent process for the granting of a lease or licence of Council owned or managed land.

Varying the terms of the licence without going through an open and transparent process such as an Expression of Interest would create a precedent by which other lessees or licensees could request variation to terms of their agreements despite explicit conditions being contained in Expression of Interest documentation.

This would not be consistent with key principles identified in Council’s Acquisition, Disposal and Management of Land Policy POL 038, which set out that process should be transparent, consistent, efficient, impartial, accountable and comply with legislation, and could create a reputational risk for Council.

Internal / External Consultation

Internal consultation has been conducted within Council’s Regional Activation and Governance Directorates.

Council has received a petition submitted by the incumbent operator Lynette Craig containing 158 signatures.

Attachments

1 ⇩.

Petition - Tarcutta Food Van Extended Operating Hours

2 .

Confidential Attachment A

This matter is considered to be confidential under Section 10A(2) of the Local Government Act 1993, as it deals with: information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Monday 5 June 2023

RP-7

RP-7 QUESTIONS WITH NOTICE

Author: Scott Gray

Summary:

This report is to list questions with notice raised by Councillors in accordance with Council’s Code of Meeting Practice.

Recommendation

That Council receive and note the report.

Report

The following questions with notice were received prior to the meeting, in accordance with the Code of Meeting Practice.

Councillor D Hayes requested the timeframe for the installing the pedestrian crossing on Estella Rd (Clr23/0054).

There are a number of issues that need to be addressed before a pedestrian crossing can be installed on Estella Road in compliance with Australian Standards. The most significant issue is the requirement for the speed limit to be reduced to 60km/h or less. Lighting also needs to be installed. The Australian Government Investing in Our Communities program is currently open that is offering Council the opportunity to apply for up to $15,000 for the installation of lighting over the Estella Road crossing. Council has until 9 August 2023 to submit an application after which time a funding agreement must be executed. When the speed limit is reduced on Estella Road and funding is provided for the lighting, Council officers will then be able to provide a timeframe for the installation of a pedestrian (zebra) crossing on Estella Road.

Financial Implications

N/A

Policy and Legislation

Code of Meeting Practice

Link to Strategic Plan

Community leadership and collaboration

Objective: Our community is informed and actively engaged in decision making and problem-solving to shape the future of Wagga Wagga

Ensure our community feels heard and understood

Risk Management Issues for Council

N/A

Internal / External Consultation

N/A

Report submitted to the Ordinary Meeting of Council on Monday 5 June 2023

M-1

Committee Minutes

M-1 LOCAL TRAFFIC COMMITTEE MEETING - 11 MAY 2023

Author: Warren Faulkner

Summary:

The Local Traffic Committee met for an ordinary meeting on 11 May 2023 and considered seven formal reports. An extraordinary E-meeting was called on 24 May 2023 which considered one additional report.

The Committee were unanimous with the officer recommendation to Council for each of the seven formal reports presented. 3 of the 4 members have provided a response for the report presented via the E-Meeting and are supportive of the officer recommendation, thus forming a majority.

The Committee have been sent the draft minutes with each member responding and confirming the content of the minutes.

The Minutes are attached for Councillors’ reference.

Recommendation

That Council:

a receive the minutes of the Local Traffic Committee Meeting held on 11 May 2023

b approve the installation of regulatory devices on Fernleigh Road associated with DA21/0108.03, new access driveway to St Mary MacKillop College, in accordance with Xeros Piccolo sheet B1003 and B1004, Revision P15 dated 1 May 2023 on their Project Number 200879

c approve the installation of a LEFT TURN ONLY arrow sign on the exit from the driveway to Fernleigh Road including a plate with the words “8.30 – 9.am 2.30pm – 4pm SCHOOL DAYS” on Fernleigh Road associated with DA21/0108.03

d approve a 1.5m centre hatched area on the Riverina Intermodal Freight and Logistics Hub (RiFL) industrial precinct road and No Parking signs as per Spire Drawing Numbers 310533CC800 to 310533CC804 dated 21 April 2023

e approve the installation of traffic control devices at the intersection of Murray Street and Brookong Avenue in accordance with Council Registration Plan C2127 001, issue A, dated 10 August 2022

f approve the installation of traffic control devices on Docker Street in accordance with the attached Transport for NSW design plan DS2021/00052 dated 22 March 2023

g approve the installation of prescribed traffic control devices on MacLeay Street between Coleman Street and Erin Street as per Council Plan Registration C2188 Sheet Number 3 Issue 1 dated 27 April 2023

h approve the installation of traffic control devices associated with the Active Travel Project, Bourke Street link, on the intersection of Heath, Urana and Trevor Streets in accordance with Council Plan Registration C2060.10A Issue 5 dated 4 November 2022

i approve the prescribed traffic control devices for the Gardiner Street portion of the Active Travel Shared Path Network as per Council Plan Registration C2147.1 dated 8 March 2023

j approve the installation of road markings on Bourke Street between Red Hill Road and Holbrook Road as detailed on Council Plan Registration Number C2177 Sheet Number 003 Issue 3 dated 9 January 2023

Report

The Traffic Committee met on 11 May 2023 and considered seven reports. A summary of each report is as follows:

RP-1 Fernleigh Road - Access driveway linemarking and signage - St Mary MacKillop College

Development consent has been approved for a subdivision including new access for Mary Mackillop College from Fernleigh Road, alterations to carpark layout and access, retaining walls, covered walkway and bus shelter, as per the attached Notice of determination dated 4 April 2023.

Recommendation ‘c’ was added as a further recommendation by the Committee to facilitate exit by vehicles in both directions outside of school zone times.

RP-2 Riverina Intermodal Logistics Hub - Industrial Precinct Road

The Council-developed Riverina Intermodal Freight and Logistics Hub (RIFL) subdivision is nearing completion and this report seeks the endorsement of the traffic committee for the proposed line marking and signage for the industrial precinct road servicing the eleven lots from the RiFL development and future servicing of thirteen lots in the Special Activation Precinct (SAP), specifically Stage A of the Wagga Wagga SAP development

RP-3 Brookong Avenue - Murray Street intersection treatment

As a part of the Wagga Wagga Base Hospital redevelopment, a traffic-calming treatment at the intersection of Brookong Ave and Murray Street is required to be installed. The treatment will be a pedestrian refuge median island with a Give Way signage and line marking installed on Murray Street.

RP-4 Docker Street - Transport for NSW intersection upgrade

As a part of the Wagga Wagga Base Hospital redevelopment, Transport for NSW is installing a right-turn-only lane on each Docker Street approach to the Edward Street traffic signals. The installation of the right-turn-only lanes requires the removal of on-street car parking and installation of No Stopping zones.

Right-turn movements from Docker Street onto Edward Street are frequent during peak hours, and a dedicated right-turn lane will offer shorter wait times and improve traffic flow.

RP-5 Macleay Street - Linemarking

Council is proposing to introduce a two way right turn lane (TWRTL) median turning lane on MacLeay Street between Erin Street and Coleman Street, following the recent rehabilitation of the pavement. The intention of this treatment is to narrow travel lanes on MacLeay Street which are currently 8 m wide to a more conventional width to assist with traffic delineation and the safe movement of traffic traveling along the street.

RP-6 Active Travel Plan - Bourke Street link - HEATH/TREVOR/URANA STREET INTERSECTION

This design aims to provide a safe transition between the Heath Street bi-directional shared path and the northbound cycle lane on Trevor Street. The inclusion of a demerging zone and associated line marking, and signage will separate traffic into a dedicated pedestrian zone and a cycleway. Chicanes and bollards will slow cyclists and provide safe access to existing properties and business premises.

RP-7 ACTIVE TRAVEL PLAN - UNIVERSITY LINK - GARDINER STREET

The proposed scheme connects the existing portions of the Active Travel Network, west of Duke’s Creek Bridge and the North Wagga Levee, connecting the final link in the Northern Suburbs ATP, facilitating travel along the network, separated from vehicular traffic.

EXTRAORDINARY MEETING – 24 MAY 2023

An additional report regarding proposed new line marking on Bourke Street between Red Hill Road and Holbrook Road was considered by the committee via an E-meeting on the 24 May 2023.

RP-1 BOURKE STREET LINE MARKING

The proposed line marking plan will facilitate the introduction of two new channelised turning lanes, one at the intersection of Bourkelands Drive and the other at the entrance/exit of the Jubilee Park off-street carpark. The attached plan, C2177 Issue 3 Sheet 003 provides a layout of the proposal.

Council’s Infrastructure Services directorate is seeking to undertake these works following the recent rehabilitation of Bourke Street between Holbrook Road and Red Hill Road. The new wider pavement and shoulders have provided the space required to introduce channelisation for turning vehicles which will improve network capacity and operation, especially during larger events at Jubilee Park and increased vehicle turning movements at the intersection of Bourkelands Drive.

Financial Implications

All costs associated with the recommendations are being funded via external developers or Council internal projects. There are no additional financial implications associated with the recommendations.

Policy and Legislation

Transport Administration Act 1998 – Delegations to Councils, regulation of traffic

TfNSW – A guide to the delegation to Councils for the regulation of traffic

Australian Standards

Link to Strategic Plan

Community leadership and collaboration

Objective: Wagga Wagga City Council leads through engaged civic governance and is recognised and distinguished by its ethical decision-making, efficient management, innovation and quality customer service

Ensure transparency and accountability

Risk Management Issues for Council

N/A

Internal / External Consultation

Internal and external consultation with the appropriate stakeholders was undertaken as required and reported to the Local Traffic Committee as part of its agenda.

Attachments

1 ⇩.	Minutes - Traffic Committee Minutes - 11 May 2023
2 ⇩.	C2177 - Bourke Street Intersection Reconstruction - Issue 3 (Approval) - Sheet 003