Agenda of Ordinary Meeting of Council - Monday, 9 October 2023

Reports submitted to the Ordinary Meeting of Council to be held on Monday 9 October 2023.

Ordinary Meeting of Council AGENDA AND BUSINESS PAPER

Monday 9 October 2023

ORDER OF BUSINESS:

CLAUSE PRECIS PAGE

ACKNOWLEDGEMENT OF COUNTRY 3

REFLECTION 3

APOLOGIES 3

Confirmation of Minutes

CM-1 ORDINARY COUNCIL MEETING - 18 September 2023 3

DECLARATIONS OF INTEREST 3

Mayoral Minutes

MM-1 Mayoral Minute - affixing Wagga Wagga City Council Common Seal to the Australian Army Band Illuminated Address - Freedom of the City 4

MM-2 MAYORAL MINUTE - 2023 LGNSW ANNUAL CONFERENCE MOTION - BURRINJUCK DAM 6

Councillor Report

CR-1 DELEGATE REPORT - WATER MANAGEMENT CONFERENCE 2023 9

Reports from Staff

RP-1 DA23/0389 - Staged Alterations and Additions to existing Residential Care Facility to extend rooms and provide private en-suite facilities - 6 Lewisham Avenue WAGGA WAGGA NSW 2650 Lot 1 DP 1271205 13

RP-2 PETITION - LAKE ALBERT WATER 17

RP-3 PETITION REQUEST FOR REMOVAL OF BOOK FROM LIBRARY COLLECTION 22

RP-4 Vacancy in Civic Office 41

RP-5 RESPONSE TO NOTICE OF MOTION – NSW HEALTH ROYAL COMMISSION TERMS OF REFERENCE 43

RP-6 ARBOREAL MAMMAL MANAGEMENT PLAN 48

RP-7 Road and Suburb Naming Policy (POL 047) 57

RP-8 WRITTEN RETURNS OF INTEREST - COUNCILLORS AND DESIGNATED PERSONS 2023 71

RP-9 QUESTIONS WITH NOTICE 74

Committee Minutes

M-1 Local Traffic Committee Meeting - 14 September 2023 76

Confidential Mayoral Minutes

MM-CONF-1 General Managers Performance Review - 12 September 2023 102

Confidential Reports

CONF-1 RFT2023-25 REMOVAL AND PROCESSING OF BIOSOLIDS 103

CONF-2 REMEDIATION OF LAND 104

CONF-3 Opportunity to host sporting event 105

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 - 18 September 2023

Recommendation

That the Minutes of the proceedings of the Ordinary Council Meeting held on 18 September 2023 be confirmed as a true and accurate record.

Attachments

1 ⇩.

Minutes - 18 September 2023

106

DECLARATIONS OF INTEREST

Report submitted to the Ordinary Meeting of Council on Monday 9 October 2023

MM-2

MM-2 MAYORAL MINUTE - 2023 LGNSW ANNUAL CONFERENCE MOTION - BURRINJUCK DAM

Summary:

This Mayoral Minute is bought to Council, following a request by Councillor Richard Foley, for Council to consider an additional Motion for the 2023 LGNSW Conference in relation to Burrinjuck Dam. This request is being presented as a Mayoral Minute given the closing date for submissions is 15 October 2023.

Recommendation

That Council submit the Motion on Burrinjuck Dam as outlined in this report to the 2023 LGNSW Annual Conference.

Report

This report is provided by Councillor Richard Foley for Council to consider an additional Motion to the 2023 LGNSW Annual Conference as follows.

Upgrade and increase of height of Burrinjuck Dam

Motion Wording

That LGNSW advocate to the NSW Government to commence a process for the upgrade of the Burrinjuck Dam.

Background

Burrinjuck Dam is over 110 years old and one of the oldest masonry block dams in the world. The majority of the concrete mix in the lower parts of wall is 5 parts crushed rock 3 parts sand 1 part cement. In the upper reaches of the wall a weaker 6.75 parts rock 3 parts sand 1 part cement mix was used. A stronger mix was used on the face of the wall. More info here (https://en.wikipedia.org/wiki/Concrete_degradation)

Burrinjuck dam currently has a surface area of 5500 hectares when full and dam capacity is 1028 gigalitres. On a topographical map if the 380* metre above sea level contour is adopted the dam surface area would increase to an estimated 11,000 hectares and have no impact on any towns.

A new dam wall could raise the level by up to twenty metres (380 metres above sea level) and increase the potential storage volume to 3,000 gigalitres. At 113 metres high the proposed new wall would be relatively low compared to Dartmouth Dam which is 180 metres tall, the world’s tallest dam walls are 300 metres high.

Several properties, portions of properties, recreational areas, eco resort and holiday houses would need to be resumed if this plan were to proceed in the national interest.

The catchment area of Burrinjuck Dam is 12,953km2, which is larger than the catchment area of Dartmouth Dam 3,600 km2 and the whole of the Snowy Mountains scheme 9,070km2.

Burrinjuck catchment is 1,295,300 hectares (100 mm per hectare of runoff equates to 1 megalitre) and over Burrinjuck catchment area this totals 1295 gigalitres of water - more than the current dam can store. This is why a strong case exists to rebuild a higher modern new dam wall fit for the next 100+ years.

The average annual rainfall of the Burrinjuck catchment is 900 mm with snow areas as high as 1700mm. In 2010 1800 gigalitres flowed into Burrinjuck in a six month period. In 2012 and 2016 over 170 gigalitres per day were spilled from Burrinjuck for a short period exacerbating flooding to downstream areas like the City of Wagga Wagga.

There is a possibility to build a new dam wall downstream from the existing wall (106 years old) or even to build a new wall in situ incorporating the existing wall. There are many advantages in a much larger Burrinjuck storage being built. An extra 650 gigalitres could be stored for the environment and a new weir installed before the confluence with the Murray in order to flood the lower bidgee wetlands.

Environmental flows could be held in a larger Burrinjuck and used in drier times. Hydro electric production could be increased significantly creating clean green energy. Flood Mitigation with climate variability increases. Productive water to sell to farmers – latest high security sale in Murrumbidgee valley - $5100 per hs Megalitre.

(https://www.areanews.com.au/story/5399037/water-sold-for-over-5kml-at-riverinafield-days-shows-how-much-water-is-really-worth/)

Now $9000 per megalitre!

Environmental flows constraints can be increased avoiding the Barmah Choke using the Murrumbidgee River back into the Murray River near Balranald. Flood mitigation for the City of Wagga Wagga as well as several other towns downstream would be a reality saving huge costs and averting flood damage.

This proposal represents a golden once in a century opportunity in which all parties at the table can win which includes agriculture, green energy and climate change concerns, flood mitigation and the environmental flows in accordance with the Murray Darling Basin Plan. Further it grants the NSW State Government a brilliant opportunity to end the political paralysis in relation to water related politics ensuring a win-win outcome.

Financial Implications

N/A

Policy and Legislation

N/A

Link to Strategic Plan

Community leadership and collaboration

Objective: Wagga Wagga has strong community leadership and a shared vision for the future

Our leaders represent our community

Risk Management Issues for Council

N/A

Internal / External Consultation

N/A

Report submitted to the Ordinary Meeting of Council on Monday 9 October 2023

CR-1

Councillor Report

CR-1 DELEGATE REPORT - WATER MANAGEMENT CONFERENCE 2023

Author: Councillor Amelia Parkins and Michael Henderson

Recommendation

That Council receive and note the report.

Report

In accordance with the resolution of the Ordinary Council Meeting on 12 December 2022 Councillor Parkins attended the Local Government NSW Water Management Conference in Parkes from 26 – 28 June 2023. Councillor Henderson attended as a delegate of the board of Riverina Water County Council.

The annual Local Government NSW (LGNSW) Water Management Conference presents a broad range of information from a local government perspective on water management, issues associated with water supply and sewerage services provided by water utilities.

The event attracts delegates from NSW and interstate including councillors and general managers, water managers and professionals, policy makers from government agencies and key industry stakeholders.

Key speakers included:

· Scott Phillips, Chief Executive Local Government NSW

· Tanya Plibersek MP, Minister for the Environment and Water

· Rose Jackson MLC, Minister for Water, Housing, Homelessness, Mental Health, Youth and the North Coast

· Amanda Jones, Deputy Secretary Department of Planning and Environment

· Professor Stuart Khan, Civil and Environmental Engineering, UNSW

· Steph Cooke MP, Shadow Minister for Water and Crown Lands

· Andrew Crakanthorp, CEO Riverina Water County Council

· Natasha Steele, Manager, Vulnerability Management Centre, Cyber Security NSW

· Matt Coulton, General Manager agriculture and Water, Bureau of Meteorology

· Jane Shepherd, Director Local Water Utilities, Department of Planning and Environment

· Lisa Miller, Senior Project Officer, Office of Energy and Climate Change

In addition to keynote speakers there were a range of panel discussions, workshops and site visits. The following provides an overview of the key points relevant to Wagga Wagga City Council. Additional information can be provided on request.

Panel discussion: A Water Workforce for the Future

Panellists: Grant Leslie, Director Balmoral Group; Melissa Wortman, Senior Advisor Skills, Training and Workforce Development, Department of Planning and Environment; David Kirby, General Manager Brewarrina Shire Council; Danielle Francis, Manager Policy and Strategy Water Services Association of Australia.

Key insights:

· There is a nation-wide skills shortage, and this is also true for Local Water Utilities. The panel identified key reason for this including:

o It is a largely invisible industry. We take for granted the daily provision of safe and reliable water and sewerage services.

o Wages are not competitive.

o There are minimal accredited training providers.

· The Department of Planning and Environment (DPE) have developed a Skills and Training Action Plan with the aim to provide access to training and strategies for attracting and retaining staff. This includes increasing the number of training providers and providing ‘fit for purpose’ training.

· DPE also noted the success in collaborating with other agencies for example Department of Education for Open Days showing that Water Operation is a possible career.

· Think tanks have been established in other states to try and find a solution to this problem. Some suggestions included:

o Army support

o Immigration

o First Nations synergies (7% of operators are indigenous)

o Interstate skills passports

o Collaboration with universities to elevate to trade/ formal qualifications

o Exchange programs to increase skills across LGA and states

o Make the career more attractive for women (94% of operators are male)

Managing drinking water during disasters

Presenter: Professor Stuart Khan, Civil & Environmental Engineering, University of New South Wales (UNSW)

Key insights:

· Potential main areas of impact include:

o damage to infrastructure, chemical storage (and spills), access and unreliable electrical supply.

o Short and long term damage to catchments – increased erosion and contamination (ash, silt, pathogens from dead animals, algae), rainfall leading to increased turbidity.

o Financial

· Operational considerations in preparing for disasters include:

o Protection of assets

o Off stream storage

o Restrictions

o Alternate sources (desalination, recycled etc)

o Prioritising quantity over quality eg for fire fighting

· There is often a small window for selective extraction of off stream storage, which leads to supply shortage.

· Flexibility leads to resilience eg variable offtake levels (can get water from depths that are a better quality)

· Reliance on external support from government agencies.

Net Zero Councils – Sewerage and water treatment toolkit

Presenter: Lisa Miller, Senior Project Officer, Office of Energy and Climate

Key insights:

· The Office of Energy and Climate have expertise and consultants available to help Councils get ready to implement a Net Zero Plan. Assistance is provided through Joint Organisations of Councils.

· Guides are available online including Sustainable Councils tools and guides (LG NSW Climate Resources page).

· The Sewerage Treatment Plan Energy Efficiency guide provides advice on reducing the overall energy consumption through efficiencies (eg photovoltaics or biogas). Consultants are available to assist with this process.

Financial Implications

N/A

Policy and Legislation

Code of Meeting Practice

Councillor Expenses and Facilities Policy (POL 025)

Councillor Induction and Professional Development Policy (POL 113)

Link to Strategic Plan

Community leadership and collaboration

Objective: Wagga Wagga has strong community leadership and a shared vision for the future

Our leaders represent our community

Risk Management Issues for Council

N/A

Internal / External Consultation

N/A

Report submitted to the Ordinary Meeting of Council on Monday 9 October 2023

RP-1

Reports from Staff

RP-1 DA23/0389 - Staged Alterations and Additions to existing Residential Care Facility to extend rooms and provide private en-suite facilities - 6 Lewisham Avenue WAGGA WAGGA NSW 2650 Lot 1 DP 1271205

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 associated impacts.

Recommendation

That Council approve DA23/0389 for Staged Alterations and Additions to existing Residential Care Facility to provide private en-suite facilities, at 6 Lewisham Avenue, Wagga Wagga 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

$2,939,710.00

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.

· There are seven trees within the courtyard areas that will be removed. The trees are non-native species (palm trees).

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

Assessment

· The site is partly zoned SP2 Infrastructure and partly zoned R1 General Residential under the provisions of the WWLEP 2010. Residential Care Facilities are permitted with consent in both zones.

· 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, health care facilities 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 north-western corner of the junction of Lewisham Avenue and Meurant Avenue. The site extends to 1.06 ha and includes the existing centre and car-parking.

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)

Have your Say

Email newsletter

Social media

Website

Inform

Consult

Involve

Collaborate

Other methods (please list specific details below)

Attachments

1.	DA23/0389 - s4.15 Assessment Report - Provided under separate cover
2 .	DA23/0389 - Plans - site plan, floor plans and elevations - Provided under separate cover
3 .	DA23/0389 - Statement of Environmental Effects - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Monday 9 October 2023

RP-2

RP-2 PETITION - LAKE ALBERT WATER

Author: Peter Thompson

Summary:

The petition is requesting that Council respond to questions regarding Lake Albert.

Recommendation

That Council:

a receive and note the petition

b request staff advise the petition contact person of Council’s determination in accordance with Council’s Petition Policy (POL 086)

Report

Council received a petition on 13 September 2023 from 751 signatories. As per Council’s Petition Policy (POL 086) a request can be made to Council seeking action or special consideration of a particular matter, that Council is authorised to determine, which is signed by at least ten different residents / ratepayers / interest parties from at least 10 different addresses. The petition is requesting that Council respond to questions regarding Lake Albert. The questions contained within the petition and comments are provided below.

1. As concerned rate payers we would like to know what is holding up the promised pipeline are the Wagga councillors aware of the time frame by which this project was meant to be finished and if so, are they asking the council staff for a progress report and an explanation for the delay in the order to have it rectified?

Council has only recently received notification that the specific purpose access licence for Lake Albert has been granted. The planning and design phases of the project are currently being undertaken. The construction phase of the project will be subject to construction funding being allocated to the project.

The delivery of water to Lake Albert using a Specific Purpose Water Licence and a pipeline is a solution to the periodic drying of Lake albert which has occurred for at least 75 years.

The solution was identified and pursued by Council ultimately achieving agreement to the Specific Purpose Water Licence with the previous government.

The solution identified by Council is not a project which has any firm timeframe. While Council has aspired to delivery in the shortest possible time frame this ultimately depends on other levels of government both to perform administrative actions and assist with funding.

Success has been achieved in progressing the legal grant of the water licence and also the design solution for the pipeline itself.

The final delivery of the solution does not have a delivery date and in the absence of a final design and funding it is not possible to commit to any such date. In answer to the specific question, work is progressing (as explained in later questions) however the suggestion that the project has a completion date or that any such date has been delayed is incorrect. No one in the community should have an understanding that there is an identified completion date at this time.

2. Has the water allocation that was agreed to by council and the State Government over two years ago been signed off yet? Melinda Pavey was the minister at the time, if not way hasn’t it and if so when and what further steps have been taken to start the process and get the job done so Wagga will have a guaranteed water supply to the lake.

Yes. Council pursued the formal issue of the specific access water licence with the previous NSW State Government. The previous State Government passed the regulation required to issue the water licence. The process continued with the current Government when it was elected. With the assistance of Dr Joe McGirr MP Council received formal notification on 14September 2023 that the specific purpose water licence for Lake Albert has been granted for a volume of 1800ML. We have now completed the next step which is to have the licence registered at the NSW Land Registry Services which maintains the water licence register in NSW.

3. What will be the estimated cost for the pipeline and design associated cost and is that ready accessible for the start?

Council has been working with a consultant over the past two years to identify options for the pipeline route and an access point to take water from the river.

This work has narrowed the options to a preferred option of using the former Riverina Water offtake point which is no longer required by Riverina Water. The pipeline route is now being designed from this off take point along a preferred route to Lake Albert. The key message here is that we are now looking at a single offtake location and a single pipeline route after other options have been considered and dismissed.

It is not possible to undertake a costing of the work until a design has been completed. The current guide to possible cost estimates for the design, procurement of easements, water licences and construction of the pipeline from the river to the lake suggests a figure which will be more than $7M. The current work being undertaken by the hydraulic engineering consultant is:

· An asset condition assessment of the existing Riverina Water assets to ensure they retain a suitable asset life

· Proof of concept design of pipeline alignment including:

o Confirmation of existing Riverina Water Infrastructure suitability

o Confirmation of pipe sizing

o Concept level pump and power requirements

· Concept sketches of existing wells, new pumps and new building

· Concept design of building for pump transfer system

· Concept design of existing jetty refurbishment

· Project plans and indicative costs for detailed design of wet well system, the pumps, electrical, telemetry, piping components and jetty refurbishment.

Council is funding this work with a current budget of $232,000.

4. Has Council management gained the necessary funding from Government since the agreed allocation was announced and how much was the commitment? If not, what have you done?

Council applications for government funding to construct the pipeline have been unsuccessful.

Council has previously made application for funding for this project through the Building Better Regions Fund with applications submitted in both Rounds 5 and 6. Both applications were unsuccessful. Having failed to gain support of the Commonwealth Government in Round 5, Council engaged a specialist to prepare the application for Round 6 particularly in relation to demonstrating the economic merit of the application to the region and the community. Unfortunately, no grant was issued under this Round.

An Expression Of Interest has been submitted for the Greater Regions Program which is currently undetermined at the date of writing this report.

Staff are continuing to work closely with Riverina Water to create a joint approach to the design, construction and long-term management of this infrastructure.

5. As the lake was closed for over eight weeks last year due to the Red Algae are the floating sonar units working effectively, are Council management looking at other more effective methods?

Following consideration of the trial outcomes and in comparison, to other recreation lakes and water storage bodies it is believed that the sonar buoys are having a positive impact on the algae counts. However, during extreme blooms, the buoys can become overwhelmed and cannot impact the algae fast enough to slow the bloom outbreak.

The positioning of the buoys also impacts on their effectiveness. Currently due to requests from boating organisations to reduce the navigation hazards they pose, they are not located in a position that would achieve maximum impact.

Staff continue to investigate other emerging prevention and treatment options for algae within Lake Albert. As a part of these investigations Staff have worked with suppliers of an emerging treatment to trial and field test a product within a treatment pond in the Local Government Area. The cost of using these treatments on an ongoing basis on a body of water the size of Lake Albert will be significant and likely in the sum of hundreds of thousands of dollars every year. Staff are continuing to work to identify a long-term sustainable solution.

6. Why were the small gum trees left along the foreshores to decay into the water when council staff had the opportunity to remove them when they cleaned out the northern end?

Council’s approvals for the removal of the saplings within Lake Albert was based upon the areas of work and lakebed being dry with no impact on the water body. Following completion of the northern end, work commenced on the removing saplings adjacent to the discharge point of Crooked Creek. During this time rain fell, firstly causing the ground to become too soft for machinery to operate, then the lake refilled which meant that staff could not complete the removal of saplings under the existing approval.

Staff have recently begun discussion regarding making application to allow removal of the saplings while in the water. This will require a much more detailed environmental approval that will take some time and resources to complete. Staff have also had discussions with the Boat Club around a partnership project whereby if this approval can be achieved, they would partner with Council to assist in removing the trees.

7. Can Council management give a start time and an anticipation finishing date for this work to be finalised?

The answer to this question is no for the reasons identified above. The work which needs to be completed includes the following:

1. Completing the design of pipeline including route confirmation and offtake works, pumping station sites and associated water transfer infrastructure

2. Council is required to apply for a water supply work approval that authorises Council to construct and use the water supply offtake works and transfer the water to the Lake. This can only be done when the design is final and the construction confirmed.

3. Council will need to acquire easements for the water supply pipeline and associated infrastructure

4. Funding for the project will need to be identified which will likely exceed $7 million dollars.

5. A tender process will need to be pursued to deliver the construction works.

Financial Implications

There are no financial implications associated with resolving as per the staff recommendation for this Council petition report.

As noted earlier in this report, Council currently does not have a budget allocated in it’s long-term financial plan for a pipeline or any further work, other than the current $232K from Council’s general-purpose revenue to complete the required planning works for the pipeline project. Given the estimated pipeline project would require a project budget of over $7M (indicative figures), grant funds are continuing to be applied for by staff. It is important to note that the required annual maintenance budget of a pipeline also needs to be considered, with no identified funding source for this.

Policy and Legislation

Petitions Management Policy (POL 086)

Link to Strategic Plan

Community Place and Identity

Objective: Our community feel welcome, included and connected

Activate community spaces to promote connectedness

Risk Management Issues for Council

N/A

Internal / External Consultation

Internal Consultation

Attachments

1 .

Confidential attachment - Lake Albert Petition

This matter is considered to be confidential under Section 10A(2) of the Local Government Act 1993, as it deals with: personnel matters concerning particular individuals. - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Monday 9 October 2023

RP-3

RP-3 PETITION REQUEST FOR REMOVAL OF BOOK FROM LIBRARY COLLECTION

Author: Janice Summerhayes

Summary:

Council received a petition on 28 September 2023 from 160 signatories. As per Council’s Petition Policy (POL 086) written petitions are to be made by interested parties, including residents/ratepayers of the Wagga Wagga Local Government Area (WWLGA). Of the 160 signatories there are 52 with addresses within the WWLGA, 104 signatures outside of the WWLGA and 4 signatories that are unclear of location as address incomplete.

The petition is requesting that “Wagga Wagga City Council a) remove from the Wagga City Library, including the on-line availability, the children’s book, ‘Welcome To Sex’ by Melissa Kang & Yumi Stynes, b) review all children’s books and their appropriateness and availability to children under the age of 18, c) develop a policy and panel around the selection of books made available to children in our public library”.

Recommendation

That Council:

a receive and note the petition

b note the current resolution of Council and its relevance to the Library’s operations as detailed in the report

c request staff advise the petition contact person of Council’s determination in accordance with Council’s Petition Policy (POL 086)

Report

The petition is requesting that Wagga Wagga City Council:

a) remove from the Wagga City Library, including the on-line availability, the children’s book, Welcome To Sex by Melissa Kang & Yumi Stynes,

b) review all children’s books and their appropriateness and availability to Children under the age of 18 and

c) develop a policy and panel around the selection of Books made available to children in our public library.

The petition was submitted by Kirsty Matthews who is the contact person for the petition. In accordance with the Petitions Management Policy (POL 086), an email acknowledging the receipt of the petition was sent to Kirsty Matthews.

Comment

Council last considered this matter at the 18 September 2023 Council Meeting - NOM-1 NOTICE OF MOTION - Removal of Book from Library Collection and resolved (23/223) as follows:

That Council:

a supports the book 'Welcome to Sex' belonging to library’s physical and on-line collection

b recognises that the Australian Classification Review Board and the Australian Classification Board are different bodies and because books do not get classified the Australian Classification Review Board cannot reclassify a book that was never classified

c acknowledges that the Library Act 1939 (NSW) does not allow councils to ban books

d supports ALIA (Australian Library and Information Association), NSW State Library, and IFLA (International Federation of Libraries Association) anti-censorship stance and recognises they have no authority to ban books

e knows that the NSW Library Act and Regulations Board does not exist

f supports public libraries and the amazing work they do in providing information for free to the community and recognises the Wagga Library approach to curating the collection is best practice

g supports parents, caregivers, and guardians in making decisions for their children and that having access to a range of information and books enhances that decision making

h fully supports the NSW Library Council Guidelines about access to information in NSW public libraries that says:

i. A public library has a role as an unbiased source of information and ideas, including online content. It must accept responsibility for providing free access to materials and information presenting, as far as possible, all points of view on contemporary and historical issues, including controversial issues.

ii. Libraries should endeavour to provide access to comprehensive and balanced collections that meet the needs of their communities as far as budget, space and availability of materials allow.

iii. Library materials that have not been subject to federal and state restriction or prohibition should not be excluded from a public library on moral, political, racial, religious, sexist, language, or other grounds. Nor should library materials be included on these grounds alone, whatever pressure may be brought to bear by individuals or groups.

iv. The arrangement of the collection should facilitate access. Restricting access to certain titles or classes of materials, for example by holding them in special collections or available on request, can be an indirect form of censorship. No library materials should be held in closed access physically or digitally except for the express purpose of protecting them from damage, theft or due to Australian Classification restrictions

The book is part of a sexual health education series by Associate Professor Melissa Kang and Journalist Yumi Stynes. The library holds three (3) copies of Welcome to Sex:

· Two (2) physical copies

· One (1) eLibrary copy

The book is held at other libraries in our area for example across the South West Zone Holdings being:

Council	Library	Collection Type
Albury City Council	Albury City Libraries	ebook
Berrigan Shire Council	Berrigan Shire Library Service	eBook \| Book
Bland Shire Council	Riverina Regional Library	eBook
Carrathool Shire Council	Western Riverina Libraries	eBook
Coolamon Shire Council	Riverina Regional Library	eBook
Cootamundra-Gundagai Regional Council	Riverina Regional Library	eBook \| Book
Federation Council	Riverina Regional Library	eBook
Greater Hume Shire Council	Riverina Regional Library	eBook
Griffith City Council	Western Riverina Libraries	eBook \| Book
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Like other public libraries, Wagga Wagga City Library is guided by peak bodies such as ALIA (Australian Library and Information Association), NSW State Library and IFLA (International Federation of Libraries Association), the NSW Library Act and Regulations and the Australian Classification Review Board.

Attached to this report is the Library’s Collection-Development Procedure and this is based on the NSW State Library Access to Information Protocol (also attached) of which in turn is based on the above peak bodies and legislation.

The Library Council of NSW issues guidelines in accordance with s10 of the Library Act 1939 on Access to Information in NSW Public Libraries and public libraries develop, maintain, and provide access to collections of resources to meet the information needs and interests of their communities.

The continuous review of library collections is necessary as a means of maintaining a current and useful collection. The procedure is not used as a means of removing materials believed to be controversial, contentious or disapproved of by sections of the community. The process available for any member of the public is to request the classification/reclassification of a book by contacting Australian Classification Review Board. The commonwealth government classifies items, not state or local councils.

A public library has a role as an unbiased source of information and ideas, including online content. It must accept responsibility for providing free access to materials and information presenting, as far as possible, all points of view on contemporary and historical issues. The Library Council guidelines state that “Those Library materials that have not been subject to federal and state restriction or prohibition should not be excluded from a public library on moral, political, racial, religious, sexist, language, or other grounds. Nor should library materials be included on these grounds alone, whatever pressure may be brought to bear by individuals or groups”.

https://www.sl.nsw.gov.au/public-library-services/library-council-guidelines

The Wagga Wagga City Library and public libraries across NSW collect and make books available while observing any age restrictions on items. This book is an unclassified title and is available in public libraries across NSW. The current resolution of Council reflects the understanding of how public libraries are operating under the above-mentioned legislation and peak body guidelines and parameters.

Financial Implications

Wagga City Library currently operates to the adopted budget in delivering the current service levels. Any increase to staff time or operational tasks would be an increase to the budget allocation and this is not currently accounted for in the Long-Term Financial Plan.

Policy and Legislation

Petitions Management Policy (POL 086)

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

Risks are managed as part of library management procedures and legislative requirements.

Internal / External Consultation

Internal consultation has occurred with the respective Library services team and State Library officials.

Attachments

1 ⇩.	NSW State Library - Access to Information in NSW Public Libraries - Library Council Guideline
2 ⇩.	Wagga Wagga City Library Collection Development Procedure
3 ⇩.	International Federation of Libary Associations and Institutions Statement On Censorship
4 .	Petition This matter is considered to be confidential under Section 10A(2) of the Local Government Act 1993, as it deals with: personnel matters concerning particular individuals. - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Monday 9 October 2023

RP-4

RP-4 Vacancy in Civic Office

Author: Scott Gray

Summary:

Councillor Dan Hayes has submitted his resignation from Council to be effective from 20 October 2023.

Recommendation

That Council:

a note that Councillor Dan Hayes has submitted his resignation from Council, effective from 20 October 2023

b submit an application to the Minister for Local Government requesting the vacancy not be filled and to dispense with a by-election due to the next NSW Local Government Election being less than 12 months away (14 September 2024)

c receive a further report at the next Council Meeting to fill vacancies left as a result of the resignation

Report

Under Section 234(1)(b) of the Local Government Act (NSW) (the Act) a civic office becomes vacant if the holder resigns in writing to the general manager. Under Section 291, if a casual vacancy occurs in a civic office, the office is to be filled by a by-election.

However, section 294 of the Act provides that in the last 18 months of councils’ terms, councils retain the option of applying to the Minister for Local Government to dispense with a by-election. As the next NSW Local Government Election is on 14 September 2024, Council is able to make such an application.

The Minister may, on the application of the Council, order that the vacancy not be filled or order the holding on a stated day of a by-election to fill the vacancy.

Councillor Hayes currently holds the following positions on panels and committees:

· Airport Advisory Committee

· General Manager’s Performance Review Committee

· Local Traffic Committee

· Southern Regional Planning Panel (alternate member)

· Riverina Water County Council

A further report will be provided to the 23 October 2023 Council Meeting to fill vacancies left as a result of the resignation.

Financial Implications

N/A

Policy and Legislation

NSW Local Government Act 1993

Link to Strategic Plan

Community leadership and collaboration

Ensure transparency and accountability

Risk Management Issues for Council

N/A

Internal / External Consultation

N/A

Report submitted to the Ordinary Meeting of Council on Monday 9 October 2023

RP-5

RP-5 RESPONSE TO NOTICE OF MOTION – NSW HEALTH ROYAL COMMISSION TERMS OF REFERENCE

Author: Christine Priest

General Manager: Peter Thompson

Summary:

Response to the Notice of Motion adopted at the 26 April 2023 Council meeting regarding submission made by Council to the Inquiry into the implementation of Portfolio Committee.

Recommendation

That Council note that a submission was made to the Inquiry into the implementation of Portfolio Committee No.2 recommendations relating to workforce issues, workplace culture and funding considerations for remote, rural and regional health.

Report

The purpose of this report is to provide a follow up to the Notice of Motion (NOM-1) - NSW Health Royal Commission Terms of Reference on 26April 2023.

The Notice of Motion resolved that “Council would receive a report outlining the possible terms of reference items Wagga Wagga City Council in collaboration with the Murrumbidgee Health and Knowledge Precinct Committee would like to see included for the proposed NSW Health Royal Commission to further improve the opportunities for more efficient and coordinated health services for the region”.

However, since the NOM-1 was received Council was invited by the Select Committee Chair Dr Joe McGirr to make a submission to the “Inquiry into the implementation of recommendations relating to workforce issues, workplace culture and funding considerations for remote, rural and regional health”.

Council has subsequently made submission directly to the inquiry and within that outlined our involvement with the Murrumbidgee Health and Knowledge Precinct and the requirement for ongoing funding to support the initiatives of the MHKP.

The submission is consistent with the intent of the original NOM-1.

Attached is a copy of the submission.

Financial Implications

N/A

Policy and Legislation

N/A

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

N/A

Internal / External Consultation

As part of the preparation of the submission internal Council consultation occurred along with consultation with the Murrumbidgee Health and Knowledge Precinct Board.

Attachments

1 ⇩.

Submission to Committee Chair Dr Joe McGirr on the inquiry into the implementation of Portfolio Committee No.2 recommendations relating to workforce issues, workplace culture and funding considerations for remote, rural and regional health.

Report submitted to the Ordinary Meeting of Council on Monday 9 October 2023

RP-6

RP-6 ARBOREAL MAMMAL MANAGEMENT PLAN

Author: Carly Hood

Executive: Janice Summerhayes

Summary:

The draft Arboreal Mammal Management Plan (the Plan) aims to protect, enhance, and increase targeted arboreal habitat in the Wagga Wagga Local Government Area (LGA), in turn increasing population numbers. The Plan has been on public exhibition and is now recommended for adoption.

Recommendation

That Council:

a note all submissions and feedback received relating to the exhibited draft Arboreal Mammal Management Plan

b adopt the Arboreal Mammal Management Plan as exhibited

Report

Council resolved the following at its Ordinary Meeting on 7 August 2023:

That Council:

a place the draft Arboreal Mammal Management Plan on public exhibition for a period of 28 days from 10 August to 7 September 2023 and invite public submissions during that period

b receive a further report following the public exhibition period:

i addressing any submissions made in respect of the draft Plan

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

During the exhibition period, five (5) public submissions were received, and all are broadly categorised as supportive of the draft Plan (see Table 1 below). No significant amendments are recommended as a result of these submissions.

Table 1: Summary of submissions received during public exhibition.

Submission summary
1	Collaborating with local WIRES – Submission is supportive of the Plan and has suggested to collaborate with the local WIRES branch to gather data on records of entanglement in the Wagga Wagga LGA to help action EH04 ‘Retrofit barbed wire fencing in priority locations.’
	Recommended changes
	No amendment recommended – Staff will work with WIRES to help determine priority locations.
Submission summary
2	Implement the ‘Avoid, Minimise, Offset’ hierarchy – Submission is supportive of the Plan and has suggested to better implement the ‘Avoid, Minimise, Offset’ hierarchy, including developing an offset strategy for projects that do not trigger the NSW Biodiversity Offsets Scheme.
	Recommended changes
	No amendment recommended – The Biodiversity Strategy has these actions: ‘PB01: Incorporate the avoid, minimise, mitigate, offset hierarchy into existing and new strategies, policies and procedures’. ‘PB09: Review and revise the native vegetation requirements of the DCP to enhance biodiversity’ and ‘PB21: Review Council’s Part 4 and 5 processes to ensure compliance with the Biodiversity Conservation Act’ which will address these aspects and a local offsets policy will be considered as part of that process.
Submission summary
3	Controlling woody weeds – Submission is supportive of the Plan and has suggested management of woody weeds in particular Willan’s Hill near Lord Baden Powell Drive.
	Recommended changes
	No amendment recommended – Staff will work with stakeholders to implement ‘PW03: Implement weed control activities’ and will include Willan’s Hill in this.
Submission summary
4	Emphasis on removal of predators – Submission is supportive of the Plan and has suggested there should be more emphasis on the removal of predators.
	Recommended changes
	No amendment recommended – Pest species are widespread throughout Australia it would be unrealistic to remove predators completely. Action ‘PW01: Implement targeted pest control activities’ addresses this and the Biodiversity Strategy also has action ‘MB08: Implement a feral cat trapping project within the Birramal Conservation Area’.
Submission summary
5	Strengthening various actions – Submission is supportive of the Plan and has suggested for Council to strengthen or include additional actions such as: (i) Reflect the importance of retaining hollow bearing trees, including dead trees (ii) Promote wildlife friendly fencing (iii) Promote existing programs such as Land for Wildlife and (iv) Adopting a cat confinement policy.
	Recommended changes
	No amendment recommended – The Plan addresses recommendation (i) through the proposed Plan actions: ‘EC02: Promote the importance of retaining remnant vegetation’ and ‘EH01: Avoid and minimise removal of remnant vegetation’. Recommendations (ii) and (iii) are intended to be addressed through action ‘EC01: Develop and implement education and awareness campaigns specific to each target species’. Recommendation (iv) is addressed through the action: ‘EC04: Develop and implement an education campaign on the importance of responsible pet ownership’ and an existing Council resolution (7 Nov 2022) to request that state government introduce requirements for cat containment through the NSW Companion Animals Act 1998 has been actioned. A night-time cat curfew currently exists for the suburb of Lloyd adjacent to the Birramal Conservation Area and Council staff will work towards better education and awareness on this requirement.

Financial Implications

Council’s main role will be to manage its own land effectively and promote key government programs to the general public and key landholders.

The draft Plan contains a large proportion of activities that are currently funded through Council’s Long Term Financial Plan (LTFP). It should be noted however, that the allocated money does not address all initiatives simultaneously but is prioritised for use on different projects year to year.

The actions listed are general, and a number of the actions listed could involve multiple subsets of smaller activities. These may be implemented by different stakeholders at different locations and over different time scales. Where actions are not funded, Council will endeavor to seek federal and state grant funding opportunities or collaborate with local stakeholders.

Policy and Legislation

The Wagga Wagga Biodiversity Strategy: Maldhangilanha 2020-2030 had an action to ‘Develop a Koala Habitat Plan of Management in accordance with SEPP 44’ however after consultation with the NSW Department of Planning & Environment, it was determined that developing a broader Arboreal Mammal Management Plan that included other threatened species (which rely on similar habitat) would provide more value in the Wagga Wagga context.

The Arboreal Mammal Management Plan will also assist in achieving Council’s obligations under relevant legislation:

· Environmental Protection and Biodiversity Conservation Act 1999

· NSW Biodiversity Conservation Act 2016

· NSW Local Government Act 1993

· Wagga Wagga Local Environment Plan 2010;

And aligns with a number of key Council plans including:

· Wagga Wagga Biodiversity Strategy: Maldhangilanha 2020-2030

· Wagga Wagga Community Strategic Plan 2040: Wagga View

· Wagga Wagga Local Strategic Planning Statement 2040

· Riverina Murray Regional Plan 2036

Link to Strategic Plan

The Environment

Objective: Our natural areas are protected and enhanced

Preserve and improve our natural assets

Risk Management Issues for Council

The Plan will assist Council to manage risk by ensuring we better address our obligations under various State and Commonwealth legislation.

Internal / External Consultation

Consultation was undertaken with relevant internal and external stakeholders to inform the development of the draft Plan and also to seek feedback on the Plan through the public exhibition period. Internal stakeholders included Council’s Property, Strategic Parks Operations and Infrastructure teams. External consultation included government agencies and non-government organisations that also have biodiversity, conservation and land management within their purview, and this included:

· Riverina Local Land Services

· NSW Crown Lands

· NSW Environment & Heritage

· Biodiversity Conservation Trust

· National Parks and Wildlife Services

· Murrumbidgee Landcare Incorporated

· Landcare Groups

· Mawang Gaway

A Councillor Workshop was held on the 19 June where councillor feedback was also incorporated into the document.

Attachments

1 ⇩.

Public Submissions

Report submitted to the Ordinary Meeting of Council on Monday 9 October 2023

RP-7

RP-7 Road and Suburb Naming Policy (POL 047)

Author: Paul O'Brien

General Manager: Peter Thompson

Summary:

As a Roads Authority, Council has responsibility for managing and approving the naming and renaming of public/private roads within the Wagga Wagga City Council Local Government Area under its control. The processes to be followed are largely outlined in the Roads Regulation 2018 and the Geographical Names Board of New South Wales (GNB) ‘NSW Address Policy and User Manual’.

This policy was presented at the 7 August Council meeting, where the draft was endorsed for exhibition. Subsequently, the policy was then placed on Exhibition from 11 August to 8 September with submissions open until 22 September. No submissions were revived in regard to this draft policy.

Recommendation

That Council:

a note that no submissions were received from the public whilst the draft policy was on exhibition

b adopt the Road and Suburb Naming Policy (POL 047)

Report

At Council’s 7 August 2023 meeting, Council resolved to:

a endorse the draft ‘Road and Suburb Naming’ Policy (POL 047) to be placed on public exhibition for a period of 28 days from 11 August 2023 to 8 September 2023 and invite public submissions until 22 September 2023 on the draft Policy.

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

i addressing any submissions made with respect to the Policy

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

c re-name Merino Road Bomen to Pomeroy Drive in line with the provisions of this policy

The Road and Suburb Naming’ Policy (POL 047), was placed on Public Exhibition from 11 August to 8 September with submissions open until 22 September 2023.

Council received no submissions on the draft policy.

Financial Implications

N/A

Policy and Legislation

Roads Act 1993

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

Communicate with our community

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

The draft policy was reviewed internally by staff, Council’s Executive Team and Councillors at a council meeting held 7 August 2023.

To allow community feedback on the draft Policies, the draft policies were placed on public exhibition for a period of 28 days from 11 August 2023 to 8 September 2023 with public submissions invited until 22 September 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)

Have your Say

Email newsletter

Social media

Website

Inform

Consult

Involve

Collaborate

Other methods (please list specific details below)

Attachments

1 ⇩.

Road and Suburb Naming Policy (POL 047)

Report submitted to the Ordinary Meeting of Council on Monday 9 October 2023

RP-8

RP-8 WRITTEN RETURNS OF INTEREST - COUNCILLORS AND DESIGNATED PERSONS 2023

Author: Nicole Johnson

Executive: Scott Gray

Summary:

Clause 4.21 of the Model Code of Conduct requires all Councillors and Designated Staff to complete an annual Disclosure of Pecuniary Interest Return.

Recommendation

That the Register of Pecuniary Interest Returns, containing current returns of Councillors and Designated Staff for the period 1 July 2022 to 30 June 2023 be tabled in accordance with Clause 4.21 of the Model Code of Conduct.

Report

Under Clause 4.21 of the Code of Conduct, certain council officials, namely councillors and designated persons, are required to disclose their personal interests in publicly available returns of interests. These operate as a key transparency mechanism for promoting community confidence in council decision making, whether by councillors or by staff or others under delegation.

A Pecuniary Interest is described in Clause 4.1 of the Code as “an interest that you have in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to you or a person referred to in clause 4.3 of the Code”.

Under the Code of Conduct, general managers and executive officers must maintain a register of returns of interests and returns must be tabled at the first meeting of the council or board of the joint organisation after they are required to be lodged. Returns of interests must also be made publicly available free of charge on councils’, county councils’ and joint organisations’ websites, unless there is an overriding public interest against disclosure of the information contained in them or to do so would impose unreasonable additional costs on the council or joint organisation.

Councils must make all returns of interests publicly available in accordance with the requirements of the Government Information (Public Access) Act 2009, the Government Information (Public Access) Regulation 2009 and any guidelines issued by the NSW Information Commissioner.

The Register of Pecuniary Interest Returns is available for inspection at Council’s Civic Centre offices during ordinary business hours and will also be available on Council’s website.

All Written Returns of Interest are to be lodged with the council’s general manager who must keep a register of returns required to be made and lodged with them. A return lodged within 3 months of 30 June must be tabled at the first council meeting after the last day the return was required to be lodged, as attached to this report. A copy of the returns is also available here.

Lodgement of Written Returns of Interest was required by 30 September 2023. As at 30 September 2023, returns were received from nine (9) of nine (9) councillors and all Designated Persons as required under the Code. One (1) return is currently redacted in the attachment to this report, following assessment of a request for same.

Accordingly, Council’s register of Written Returns of Interest 2023 is tabled to this meeting of Council as prescribed by the Code.

The Office of Local Government NSW (OLG) have recently advised local councils that they will be undertaking an audit of written returns of interests lodged by councillors and designated persons.

Financial Implications

N/A

Policy and Legislation

The Wagga Wagga City Council Code of Conduct (Code of Conduct) sets out the requirements in relation to the completion and lodgement of pecuniary interest returns. Under the Code of Conduct a person must also not make and lodge a return that the person knows or ought reasonably to know is false or misleading in a material particular.

Complaints about breaches of these requirements are to be referred to the Office of Local Government (OLG) and may result in disciplinary action by the council, the Chief Executive of OLG or the NSW Civil and Administrative Tribunal.

The following legislation and guidelines were also considered as part of the assessment of the request for redaction:

· Government Information (Public Access) Act 2009 (GIPA Act)

· Government Information (Public Access) Regulation 2009 (GIPA Reg)

· IPC Guidelines and Information Access Guidelines

· Privacy and Personal Information Protection Act 1998 or a Health Privacy Principle under the Health Records and Information Privacy Act 2002

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We are accountable and transparent

Risk Management Issues for Council

N/A

Internal / External Consultation

N/A

Attachments

1.	Councillor Written Returns - September 2023 - Provided under separate cover
2.	Staff Written Returns - September 2023 - Provided under separate cover
3.	Committee Members - September 2023 - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Monday 9 October 2023

M-1

Committee Minutes

M-1 Local Traffic Committee Meeting - 14 September 2023

Author: Warren Faulkner

General Manager: Peter Thompson

Summary:

The Local Traffic Committee met for an ordinary meeting on 14 September 2023 and considered 5 formal reports.

The Committee adopted one of the officers recommendations (RP-1), offered different advice for two officer recommendations (RP-2 and RP-3) and deferred consideration of two reports pending further information (RP-4 and RP-5). This is reflected in the draft minutes attached.

It should be noted that the officers recommendation is being recommended for adoption by Council for RP-2 and RP-5. All other recommendations are as per the advice of the Local Traffic Committee.

The Committee have been sent the draft minutes.

Recommendation

That Council:

a receive the minutes of the Local Traffic Committee Meeting held on 14 September 2023

b approve the installation of a 15-metre length of loading zone on William Street, with the additional words 7AM -7PM MON - FRI

c approve the installation of a Give Way sign on Illeura Road at the intersection of Kaloona Drive.

d extend the NO STOPPING zone of the pedestrian (zebra) crossing on the western side of Edmondson Street to six (6) metres north of the Kildare College driveway, with the extension to retain the existing NO STOPPING sign located to the south of the driveway but change its directional arrow to dual directional arrow.

e note the Traffic Committee deferred consideration of the installation of traffic controls on Fernleigh Road as part of DA22/0787 until the next Traffic Committee Meeting on 16 November 2023 pending further information.

f endorse the installation of regulatory signs and line marking on and fronting Farrer Road as shown on Sheet Numbers B5001, B5002 and B5003 of Xeros Piccolo Project Number 220534 Revision E Plans dated 7 June 2023.

Report

The Traffic Committee met on 14 September 2023 and considered 5 reports. A summary of each report is as follows:

RP-1 William Street - Loading Zone

The operators of the Black Swan Hotel are undertaking major renovations and expansion of operations under two separate development approvals. The kitchen and entertainment areas will be extended resulting in increased goods deliveries to the premises.

Deliveries are currently made to the front of the premises on Gardiner Street by small trucks and vans between 7am and 7pm but they are often restricted by vehicle already parked. The new development will prevent through access and exit to delivery vehicles and prevent turning manoeuvres on site.

The recommendation supports the operation of the business without compromising on-street parking for the community and customers outside of the signposted hours and on weekends.

RP-2 Illeura Road & Kaloona Drive - Give Way sign

The officers recommendation is being recommended as the installation of a Give Way sign is a specific condition of consent for a 4-lot residential subdivision at 92 Kaloona Road, Bourkelands (DA22/760).

Condition C.6 of the Notice of Development Consent requires that:

Prior to the release of the Subdivision Works Certificate a plan shall be submitted to and approved by the General Manager or delegate, that identifies the provision of a Give Way sign at the intersection of Illeura Road and Kaloona Drive. This plan is required to be referred to, and approved by the Local Traffic Committee before it is approved as these works incorporate a prescribed traffic control device.

The Traffic Committee did not object to the provision of a Give Way sign, rather it’s advice was “that the installation of the Give Way sign on Illeura Road at the intersection of Kaloona Drive is not required in accordance with AS1742.2 and the NSW road rules.”

AS 1742.2 is Part 2 “Traffic control devices for general use” the Australian Standard Manual of Uniform Traffic Control Devices. Section 2.5 of the standard is about GIVE WAY sign and STOP sign control. Section 2.5.1 is:

Kaloona Drive and Illuera Road are not arterial or collector type roads identified in Figure 9 of the Wagga Wagga Integrated Transport Strategy.

There are nine (9) other intersections along Kaloona Drive. Only one other intersection has a regulatory sign installed.

RP-3 EdmonDson Street - NO PARKING

Council has been contacted by the management at Kildare Catholic College regarding the entry/exit to the college’s boarding house/chapel driveway located on the western side of Edmondson Street. This driveway is heavily used on school days, especially during morning and afternoon peaks and on weekends by parents, service vehicles and other patrons of the college and chapel.

The school requested that a NO PARKING zone be established on either side of the driveway to restrict vehicles parking adjacent to the driveway for extended periods as it is causing safety issues relating to sight distance for drivers using the driveway. This would not restrict parents who currently drop off and pick up students adjacent to the driveway.

There is currently a NO STOPPING zone immediately to the south of the driveway which is associated with the pedestrian crossing. The Traffic Committee formed the view that allowing vehicles to drop off and pick up students adjacent to the driveway still caused safety issues relating to sight distance for drivers entering and exiting it and hence recommended that the zone should be NO STOPPING to eliminate the safety issues relating to sight distance.

RP-4 Fernleigh Road - NO STOPPING and associated traffic controls

A notice of development consent (DA22/0787) has been issued for the construction of a new carpark (54 spaces) with amended access arrangements to Fernleigh Road, demolition of structures, tree removal and landscaping associated with the Henschke Primary School.

The Traffic Committee deferred consideration of this matter pending the supply of a plan that shows the proposed regulatory signs and line marking to be installed. The committee also had some concerns whether residents that are going to be impacted by the extension of the NO STOPPING zone on the southern side of Fernleigh Road were aware of the change.

These matters will be addressed and the report will be re-considered at the Traffic Committee Meeting on the 16^th November 2023.

RP-5 FARRER ROAD – INSTALLATION OF CONTROL DEVICES

A development consent (DA22/0610) has been issued for construction works at The Riverina Anglican College to provide inter alia, parking and access to the site, including construction of new vehicle and bus access points off Farrer Road and construction of a new dedicated bus bay off Farrer Road with capacity for seven stacked buses as Stage 1 of the development. This report only deals with Stage 1 of the consent. Stage 2 of the consent is an additional 179 carparking spaces along the western and southern boundaries of TRAC and access to Messenger Ave.

Conditions C.10 and C.45 of the consent are:

C.10 Prior to the release of the commencement of works relating to any of the matters listed below, detailed plans shall be submitted to and approved by the General Manager or delegate for the works. The plans shall identify any specific matters noted:

· Stage 1, showing directional signage, line marking, parking arrangements, driveway locations, internal access roads, pedestrian pathways, aisle widths and the like, demonstrating compliance with relevant Australian Standards.

· Stage 2, showing directional signage, line marking, parking arrangements, driveway locations, internal access roads, pedestrian pathways, aisle widths and the like, demonstrating compliance with relevant Australian Standards. In addition, wheel stops or a sufficient kerb must be provided to prevent damage to boundary fences with adjoining properties.

· Works within Farrer Road to provide a right-hand turn treatment to the site, as required under Condition C.34.

· Where relevant, these plans are required to be referred to, and approved by the Local Traffic Committee before it is approved as the works incorporate a prescribed traffic control device.

NOTE 1: A prescribed traffic control device is a sign, signal, marking, structure or other device to direct or warn traffic on a road or road related area.

NOTE2: The Local Traffic Committee only meets two-monthly and only between the months of March and November. Therefore to avoid delays the timing of meetings should be taken into account.

C.45 Prior to either 30th June 2023, or an increase in the number of bus movements from the site, whichever occurs first, a central median shall be installed in Farrer Road to deny right turn movements from the site to Farrer Road, for both buses and light vehicles.

Prior to the installation of the median, detailed designs for the median shall be submitted to Council, for approval, to the satisfaction of the General Manager or delegate.

This plan is required to be referred to, and approved by the Local Traffic Committee before it is approved as these works incorporate a prescribed traffic control device.

Until such time that the median is installed, the existing approved restrictions on traffic exiting the site shall be maintained.

NOTE 1: A prescribed traffic control device is a sign, signal, marking, structure or other device to direct or warn traffic on a road or road related area.

NOTE2: The Local Traffic Committee only meets two-monthly and only between the months of March and November. Therefore to avoid delays the timing of meetings should be taken into consideration in preparing your plan for submission.

Transport for NSW provided an initial response during the assessment of the DA that they raised no objection to the proposed development on the basis that it was carried out in accordance with submitted information.

However, following amendment of the traffic impact assessment to take into account a potential median in Farrer Road that would deny right turn exit movements from the site for light vehicles and buses, Transport for NSW provided further comment. Following discussion, Transport for NSW requested the imposition of a condition that would require consultation be carried out with bus providers in relation to the changes needed for school bus routes, prior to the installation of the median.

Condition C.11 was inserted into the consent and is:

C.11 Prior to the installation of the median in Farrer Rd, as required under this consent, consultation shall be undertaken with the school bus operators impacted by the left-out only egress restriction to Farrer Road.

The plans submitted to Council as required by conditions C.10 and C.45 are attached for the consideration of the Council.

Responses from Transport for NSW and a letter on behalf of school bus operators who service the college as required by condition C.11 are also provided as attachments for the information of Council.

A representative of the school bus operators attended the Local Traffic Committee meeting to present their concerns. The concerns of the bus operators is the imposition of the median island that will require some of them to travel an additional 1.2km which may impact on schedules, in particular timing for meeting at interchanges.

The concern for Transport for NSW is the change of bus route because of the imposition of the median island and the need to vary approved routes and hence the potential for cost increases.

The Traffic Committee unanimously agreed to defer the item until the next meeting of the Local Traffic Committee on the 16^th November 2023 pending further information, a potential trial of the left only movement out of the TRAC, collection and observation of traffic data and consultation with relevant bus companies by Transport for NSW.

The TRAC and Council officers are keen to progress the installation of the regulatory signs, line marking and devices as shown on the Xeros Piccolo Design plans attached as soon as possible to enable enrolment numbers at the school to be increased and reduce the potential for side impact collisions with buses turning across travel lanes.

Hence, the officer recommendation is being recommended to Council for endorsement.

Financial Implications

There are no additional financial implications for Council in adopting the recommendations. The costs for items RP-1 and RP-3 are funded by Council via Job Number 12166 Traffic Committee. RP-2, RP-4 and RP-5 are installed and funded as part of private development.

Policy and Legislation

Roads Act 1993

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

Communicate with our community

Risk Management Issues for Council

Council proceeding with a recommendation contrary to the advice of the Local Traffic Committee will trigger the requirement to notify in writing, both the NSW Police and the Transport for NSW representatives on the Local Traffic Committee. Council then must refrain from taking any action for 14 days so that the NSW Police or Transport for NSW is given an opportunity to appeal to the Chairperson, Regional Traffic Committee should they wish.

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 ⇩.	Traffic Committee Minutes - 14 September 2023
2 ⇩.	RP-5 - Letter Allans Coach Wagga Council re TRAC Farrar Road Proposed Median Strip
3 ⇩.	RP-5 - TfNSW Response - DA22_0610 - Farrer Road
4 ⇩.	RP-5 - Xero Piccolo Design Plans - Farrer Road Stage 1 works